Terms and Conditions
Terms and Conditions
1. General
The following general terms and conditions and information apply to all contracts concluded between the buyer and Evoservice GmbH. The provider and seller is
Evoservice GmbH
Brinkmanns Kamp 8
27798 Hude
VAT ID No.: DE 270334586
Tel.: +49 (0)160 6119911
Email: shop@womo-sicherheit.de
Evoservice GmbH will only accept conditions of a customer that deviate from these General Terms and Conditions if it has agreed to these conditions in writing. This also applies if Evoservice GmbH carries out a customer's order without reservation despite knowing that there are conflicting or deviating conditions.
This document can be viewed at any time on the website www.womo-sicherheit.de and is also available as a PDF download. Evoservice GmbH also sends the customer these terms and conditions and information as part of the contract confirmation for each contract concluded via the online shop. Alternatively, the contract confirmation can also be sent in printed form with the goods.
2. Conclusion of the purchase contract
The customer concludes a purchase agreement with Evoservice GmbH. During the ordering process, the customer makes a binding offer. The contract only comes into effect when Evoservice GmbH accepts it separately. After receiving the order, the customer immediately receives a confirmation of receipt by email. This does not constitute acceptance of the offer. Acceptance occurs either by a separate declaration by email or by arranging delivery of the goods - in each case within five working days of receiving the order at the latest. Evoservice GmbH is entitled to reject offers from customers without giving reasons. Orders with delivery addresses outside the delivery area specified in the online shop require prior agreement.
3. Ordering process, payment and return
By selecting the goods, they are placed in the virtual shopping cart. In the online shopping cart, you can add individual goods to your personal shopping cart by clicking on the "Shopping cart" button. All selected products, including the shipping costs and the total amount, can be viewed under the "Shopping cart" heading. It is also possible to delete individual items or the entire shopping cart. A binding order can be placed after entering the required personal data and clicking the "order with payment" button in the final step of the ordering process. By clicking the "order with payment" button, a binding purchase offer is made. When exercising a right of withdrawal (see below), the customer must bear the direct costs of returning the goods.
A notice: The order is always shipped in its entirety. If individual parts in the shopping cart have the status "Please enquire about delivery time!", the order will only be shipped when all parts are in stock. In this case, please enquire about the individual delivery time via email (shop@evoservice.de).
4. Right of withdrawal
If the customer is a consumer within the meaning of Section 13 of the German Civil Code (BGB), he or she has a right of cancellation in accordance with the following cancellation policy. A consumer is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to his or her commercial nor his or her independent professional activity.
cancellation policy
Right of withdrawal:
As a consumer, you have the right to cancel this contract within 14 days without giving any reason. The cancellation period shall be 14 days from the day on which you or a third party other than the carrier designated by you takes possession of the goods. In the case of a contract for several goods that you have ordered as part of a single order or that are delivered separately, the cancellation period shall be 14 days from the day on which you or a third party other than the carrier designated by you takes possession of the last goods.
To exercise your right of withdrawal, you must inform us, Evoservice GmbH, Brinkmanns Kamp 8, 27798 Hude, Tel. 0160 6119911, E-Mail shop@womo-sicherheit.de, by means of a clear statement (e.g. a letter sent by post, or e-mail) of your decision to withdraw from this contract.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation:
If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choosing a different type of delivery than the cheapest standard delivery offered by us), promptly and at the latest within 14 days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for the refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to Evoservice GmbH, Brinkmanns Kamp 8, 27798 Hude, promptly and in any event no later than 14 days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the 14-day period. You will bear the direct cost of returning the goods.
You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties or functioning.
end of the cancellation policy
5. Retention of title
The delivered goods remain the property of Evoservice GmbH until the purchase price has been paid in full by the customer. If the customer is a merchant, ownership of the purchased goods only passes from Evoservice GmbH to the customer when the customer has settled all claims arising from the existing business relationship with Evoservice GmbH. If Evoservice GmbH's retention of title to goods acquired in commercial transactions expires through resale, combination or processing of these goods, the new item or the claim arising from the use of the goods takes the place of the previous reserved goods.
6. Purchase price and payment terms
The total purchase price shown during the ordering process is due for payment after the customer has submitted the offer and it has been accepted by Evoservice GmbH. The payment methods shown during the ordering process are available.
All prices quoted include statutory sales tax. Any additional delivery, packaging and/or insurance costs will also be quoted and are to be borne by the customer. The customer is not entitled to a cash discount. In the event of direct debits or reversals for which the customer is responsible, Evoservice GmbH is entitled to charge a reasonable processing fee, which takes into account the third-party costs incurred as a result as well as the internal processing costs.
Set-off against claims from Evoservice GmbH is excluded unless the counterclaim is undisputed or legally established. The customer is only entitled to assert retention rights to the extent that his claims are based on the same contractual relationship.
7. Delivery/Partial Services
Evoservice GmbH is entitled to make early and/or partial deliveries, but always tries to process an order through a single delivery. If the customer is not a consumer, he bears the transport risk. Any additional costs incurred through partial deliveries will not be charged to the customer. Partial deliveries are excluded if they are unreasonable for the customer. In the case of stock items, delivery will take place within 5 working days of receipt of the order at the latest.
8. Warranty
In the event of defects, the statutory warranty rights apply, with the proviso that Evoservice GmbH, if the customer is not a consumer, is entitled to repair the goods or deliver a defect-free item at its own discretion. The warranty period is two years for new goods and one year for used goods. If the customer is a business, a warranty period of one year always applies. If the customer is a business, the commercial law inspection and complaint obligations also apply without restriction.
Possible traces of processing are due to manufacturing and do not constitute a defect.
9. Liability
Evoservice GmbH is only liable for expenses or damages - regardless of the legal basis - in the event of intent or gross negligence on the part of its representatives or vicarious agents.
In very rare cases, stress cracks can appear in the pane immediately after installation or after some time. This can be caused by incorrect installation or failure to follow the cleaning recommendations for acrylic glass before or after installation. Environmental influences can also be the reason for this. All of the above-mentioned damages are excluded from liability.
The limitation of liability does not apply in the event of a breach of essential contractual obligations, but in this case the amount is limited to the typical foreseeable damage. Essential contractual obligations are, in abstract terms, those obligations whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance a contractual partner can regularly rely. Liability for damages resulting from injury to life, body or health as well as under the Product Liability Act remains unaffected.
10. Data Protection
Insofar as Evoservice GmbH collects data from customers in the context of processing orders, it complies with the data protection provisions of the BDSG. In particular, Evoservice GmbH treats this data confidentially and uses it exclusively within the scope of what is necessary for the purpose of the contract. The data will not be transmitted to third parties.
11. Place of performance, place of jurisdiction, applicable law
The law of the Federal Republic of Germany applies. The exclusive place of jurisdiction and place of performance for all legal disputes arising from a contractual relationship with us in accordance with these general terms and conditions is - provided the customer is a merchant, a legal entity under public law or a special fund under public law - Oldenburg. This agreement on the place of jurisdiction also applies if the customer does not have a general place of jurisdiction in Germany.
Status: January 2025