Terms & Conditions
(1) All deliveries, services and offers are subject to these terms and conditions in their current version at the time when the order is placed.
(2) These terms and conditions are part of all contracts between the EVENCKI, Marienstrasse 26, 10117 Berlin (hereinafter "Evencki") and the third parties (hereinafter "Customer") on the offered bed linens and other products (hereinafter called collectively "Products").
(3) Any other conditions of the customers will not be accepted.
REGISTRATION / CONTACT
(1) Registered and unregistered users can purchase Evencki goods and services at Evencki. Registration is free and can be cancelled anytime. No obligations arise from registering at Evencki.
(2) The cancellation takes place informally and directly via the contact form on the website (www.evencki.com) or by writing to EVENCKI, Marienstrasse 26, 10117 Berlin, Germany.
CONCLUSION OF CONTRACT
(1) The customer can choose products from the product range of Evencki on the website (www.evencki.com) and collect them in a virtual shopping cart by clicking "Order" - using the buttons "Complete order" and "Complete payment" the Customer makes a binding offer to purchase the products present in the virtual shopping cart. The customer shall follow the rules of withdrawal according to Section 12 (orders of consumers) until the acceptance or rejection of the order by Evencki. The binding nature of the offer expires if Evencki does not confirm acceptance of the order within five days from the order date by e-mail or by sending the ordered product (see (5)).
(3) Evencki saves the text of the contract and then sends an automatic acknowledgment of receipt and the order information to the customer by e-mail. The customer can print out the e-mail using the "Print" function. The latest orders can be viewed at "My Account".
(4) The automatic receipt confirms only the fact that the customer's order has been received by Evencki and does not constitute acceptance of the purchase offer
(5) The contract will be concluded only by the confirmation of acceptance by Evencki or by a separate e-mail or by sending the ordered product..
DELIVERY, PRODUCT AVAILABILITY
(1) Evencki shall inform the customer about the specific delivery date not later than by the time of offer acceptance, that still shall not exceed the maximum delivery time stated in the product description. Evencki is entitled to deliver the product before the expiration of the maximum delivery time.
(2) In the contracts with its suppliers, Evencki spells out that they shall ensure that these products are produced for Evencki after receiving a corresponding order as quickly as possible. If the ordered product is, however, permanently unavailable in a certain case, Evencki will immediately notify the customer about this and the customer will promptly receive refund of the already pre-paid price for the ordered product. After the return of the price paid in advance for the ordered product the contract is considered void. Evencki remains bound by the contract if Evencki is itself responsible for the fact that the product ordered is unavailable.
(3) If the product, designated in the order by the customer, is not available only at the moment and thus the maximum delivery time is expected to be exceeded considerably, Evencki shall also inform the client immediately. In this case, the customer can withdraw the order without prejudice to the right of withdrawal under Section 12.
(4) Evencki delivers within the European Union.
The delivered products are considered owned by Evencki until full payment is made. Until ownership is transferred, any pledge, transfer, processing or transformation of the goods is not permitted without our explicit permission.
PRICES AND SHIPPING COSTS
(1) All prices indicated on the website of Evencki are to be understood as including VAT according to the current law.
(2) The customer covers the cost of shipment.
(3) The shipment of products will be done by one of Evencki’s authorized service providers or carriers. If delivery to the customer is not possible because the ordered products cannot fit through the door or the staircase of the customer or because the customer is not present at the specified delivery address, the customer bears the costs of the unsuccessful delivery.
METHODS OF PAYMENT
(1) The customer can make the payment by direct debit, credit card, bank transfer or PayPal.
(2) The debit, immediate transfer or the charge to your credit card or Paypal account will complete the purchase. If the contract is not to be executed, Evencki will promptly refund the purchase price paid.
(3) In the case of advanced payment, the customer receives the order confirmation and also an e-mail with the acceptance of the purchase contract according to article 3,(5) and the invoice with the request for payment of the invoiced amount to a bank account in Germany, designated by Evencki (quoting the order number). Upon receipt of the payment to the designated bank account, the order goes over to the shipping of the goods stage.
(4) The customer has the right to offset if his counterclaims are undisputed or legally binding.
(1) Evencki is liable for defects in accordance with the applicable legal provisions. The customer can ask for damage compensation but only as part of the liability system under art. 9.
(2) If compensation is made by way of replacement, the customer is obligated to return the original product in the original box to Evencki before delivery of the new product. Evencki takes over the cost of the return.
(1) When strict liability is provided for by law (e.g. for warranty or product liability law) Evencki shall have unlimited liability. The same applies to personal injury (injury to life, limb, health).
(2) In addition, Evencki shall be liable only for intentional and gross negligence. This limitation also applies to the legal representatives, employees, salaried employees and agents of Evencki.
(3) If an obligation, the fulfillment of which is crucial for reaching the purpose of the contract (cardinal obligation), is violated, Evencki shall also be liable for slight damages caused by negligence. In this case, Evencki shall not be liable for indirect or unforeseeable damages, for consequential damages and lost profits.
DISCLAIMER FOR EXTERNAL LINKS
If Evencki refers to other sites on the Internet with links on its pages, Evencki expressly declares that it has no influence on the design and content of the linked pages. Therefore, we dissociate ourselves hereby expressly from all contents of all linked pages and do not adopt these contents. This declaration applies to all links and all content of the pages to which the links lead.
All image rights belong to Evencki or our licensors. Their use without explicit permission is prohibited. The same applies to all texts and other images on our website.
WITHDRAWAL RIGHT OF THE USER
If the customer is a consumer, he has the following right of withdrawal. A customer is a consumer if the ordered goods and services cannot be attributed to his commercial or independent professional activity. And an entrepreneur is any natural or legal person or legally responsible partnership that concludes the contract as part of their commercial or independent professional activity.
(1) Legal right of withdrawal
The customer can withdraw an order without giving any reasons in writing (e.g. letter, fax, contact form) or by returning the product within a period of twenty-one days. The time limit begins after receipt of this notice in written form, but not before receipt of the goods by the consignee (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also not before the fulfillment of our obligations under Article 246 § 2 in connection with § 1 para. 1 and 2 EGBGB, as well as our obligations according to § 312g para. 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. For the withdrawal period to begin, it is sufficient to send the withdrawal notice or the goods. The written withdrawal shall be addressed toEvencki:
Karolina Kukielka, Evencki
Berlin 10117, Germany
(2) Consequences of withdrawal
In the case of an effective withdrawal, the mutually received services and any benefits (e.g. interest) are to be surrendered. If the customer cannot return the service wholly or can return it partly or only in deteriorated condition, he is obliged to pay compensation to Evencki if required. This does not apply to the surrender of the goods if the deterioration of the goods is to be confirmed only through their inspection - as it would be done in a retail store. Besides, the obligation to pay compensation for the deterioration of goods caused by proper usage can be avoided if the goods are not considered property in use and if everything that impairs their value has been omitted. Items that can be shipped as a parcel are to be returned at the risk of Evencki. You have to bear the normal costs of return if the delivered goods are those that were ordered and if the price of the returned item does not exceed EUR 40, or if you have not yet made the full payment for a product at a higher price at the moment of withdrawal or have not made a contractually agreed partial payment. In all other cases, the return is free of charge for you. Obligations to reimburse payments must be fulfilled within 30 days. This period begins for the customer with the mailing of return notice, and for Evencki with its reception. Items that can be shipped as a parcel are to be returned at the risk of Evencki. The return shipping is free of charge for the customer. Item that cannot be shipped as a parcel shall be collected from customers. Obligations to reimburse payments must be fulfilled within 30 days. This period begins for the customer with the mailing of return notice or the goods, and for Evencki with their reception.
End of the revocation instruction
Exclusion from the right of withdrawal
1. The right to cancel(withdraw) does not apply to sales contracts that have been set up with the Evencki on www.evencki.de regarding the purchase of products that
• provide for the supply of goods that are produced to customer specification or
• have special dimensions that can not be ordered through online shopping or
• are clearly tailored to personal needs or
• due to their nature are not suitable for return.
2. The withdrawal right does not apply to entrepreneurs in accordance with § 14 paragraph 1 BGB which are acting within their commercial or self-employment activity. This is documented expressly if the bill of Evencki is to be directed to a legal person or a company
COST OF SHIPPING IN THE EVENT OF WITHDRAWAL
If you exercise your right to cancel, you have to pay the regular cost of the return if the delivered goods correspond to those ordered and if the price of the item to be returned is min. EUR 40 or if at the moment of cancellation you still have not paid for a higher priced product in full or made a contractually agreed partial payment for it. Otherwise, the return is free of charge.
NOTE FOR DATA PROCESSING
(1) Evencki acts within the settlement for customer's data handling. Evencki observes the provisions of the Federal Privacy Act and the Telemedia Act and other relevant provisions.
(1) Agreements between Evencki and the customer shall be governed by the law of the Federal Republic of Germany.
(2) If the customer is a merchant, a legal entity under public law, or a public law special fund, the legal venue for all disputes arising between the customer and Evencki shall be the headquarters of Evencki.