AGB
I. General Terms and Conditions
§ 1 Basic Provisions
(1) These terms and conditions apply to contracts that you, as a customer, enter into with us as the provider (Lucas Siegmann) via the website www.evaya.de. Unless otherwise agreed, any terms and conditions you may use are excluded.
(2) A "consumer" in the sense of these regulations refers to any natural person who concludes a legal transaction for purposes that are predominantly not attributable to their commercial or independent professional activity. An "entrepreneur" is any natural or legal person, or a partnership with legal capacity, who acts in the course of their commercial or independent professional activity when concluding a legal transaction.
§ 2 Conclusion of the Contract
(1) The subject matter of the contract is the sale of goods.
Our offers on the internet are non-binding and not a binding offer for the conclusion of a contract.
(2) You can submit a binding offer (order) via the online shopping cart system. The goods intended for purchase are placed in the "shopping cart." By clicking the corresponding button in the navigation bar, you can view and modify the contents of the "shopping cart" at any time. After clicking the "checkout" or "continue to order" button (or similar labels) and entering your personal information and payment and shipping details, the order summary will be displayed.
Before submitting the order, you have the opportunity to review, modify (via the "back" function of your internet browser), or cancel the order. By clicking the "submit order" button (e.g., "buy now" / "order now" or similar), you submit a binding offer to us. You will initially receive an automatic email confirming the receipt of your order, which does not yet lead to the conclusion of a contract.
(3) The acceptance of the offer (and thus the conclusion of the contract) occurs within 2 days via confirmation in text form (e.g., email), in which we confirm the execution of the order or delivery of the goods (order confirmation). If you do not receive such a confirmation, you are no longer bound to your order. Any services already rendered will be promptly refunded in this case.
(4) The processing of the order and the transmission of all required information related to the conclusion of the contract are carried out via email, partly automatically. Therefore, you must ensure that the email address you have provided is correct and that the receipt of the emails is technically ensured, especially that it is not blocked by SPAM filters.
§ 3 Right of Retention, Retention of Title
(1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until the full payment of the purchase price.
§ 4 Warranty
(1) Statutory warranty rights apply.
(2) As a consumer, you are requested to immediately check the goods for completeness, obvious defects, and transport damages upon delivery and to promptly notify us and the carrier of any complaints. Failure to do so will not affect your statutory warranty rights.
(3) If a characteristic of the goods deviates from objective requirements, the deviation shall only be considered agreed upon if you have been informed of it before submitting the contract declaration and the deviation has been expressly agreed upon between the parties.
§ 5 Choice of Law
(1) German law applies. This choice of law applies only insofar as it does not deprive you of the protection afforded by mandatory provisions of the law of the country of your habitual residence (principle of favorability).
(2) The provisions of the UN Sales Convention do not apply.
II. Customer Information
- Identity of the Seller
Lucas Siegmann
Ludwig-Erhard-Str. 18
20459 Hamburg, Germany
Phone: +49 151 20926959
Email: info@evaya.de
Alternative Dispute Resolution:
The European Commission provides a platform for online dispute resolution (OS platform), which can be accessed at:
https://ec.europa.eu/odr
We are not willing and not obliged to participate in dispute resolution proceedings before consumer dispute resolution bodies.
- Information on the Conclusion of the Contract
The technical steps to conclude the contract, the contract conclusion itself, and correction options are governed by the "Conclusion of the Contract" section of our General Terms and Conditions (Part I).
- Language of the Contract, Storage of the Contract Text
3.1. The language of the contract is German.
3.2. The complete contract text is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed out or saved electronically using the browser’s print function. After receiving the order, we will send the order data, the legally required information for distance contracts, and the General Terms and Conditions to you again via email.
- Essential Characteristics of the Goods or Services
The essential characteristics of the goods and/or services can be found in the respective offer.
- Prices and Payment Methods
5.1. The prices listed in the respective offers, including shipping costs, are total prices. They include all price components, including applicable taxes.
5.2. The shipping costs are not included in the purchase price. They can be accessed through a designated button on our website or in the respective offer, are shown separately during the ordering process, and are to be paid by you, unless free shipping is promised.
5.3. The available payment methods are indicated through a designated button on our website or in the respective offer.
5.4. Unless otherwise stated for specific payment methods, the payment claims from the concluded contract are immediately due for payment.
- Delivery Terms
6.1. The delivery terms, delivery time, and any existing delivery restrictions can be found under a designated button on our website or in the respective offer.
6.2. If you are a consumer, it is legally regulated that the risk of accidental loss or deterioration of the sold goods during shipment passes to you only upon delivery of the goods, regardless of whether the shipment is insured or not. This does not apply if you independently appoint a transport company or another person not named by the entrepreneur for the execution of the shipment.
- Statutory Warranty Rights
The warranty for defects is governed by the "Warranty" section in our General Terms and Conditions (Part I).
These General Terms and Conditions and Customer Information have been created by IT law experts from Händlerbund and are permanently checked for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. More information can be found here: Händlerbund Legal Security.