Preamble

General Terms and Conditions (GTC)

1. Scope and Subject of the Contract

1.1 The business relationship between you (hereinafter referred to as "Buyer") and Evolime GmbH (hereinafter referred to as "Seller") is governed exclusively by these GTC in their version valid at the time the contract is concluded. The Seller does not accept any terms and conditions of the Buyer that deviate from these GTC, unless the Seller has expressly agreed in writing to their validity.

1.2 The product offering in the Seller’s online shop is directed exclusively at consumers as defined in § 13 of the German Civil Code (BGB). According to this regulation, a consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their self-employed professional activity.

1.3 By submitting the order, the Buyer confirms that they are entering the contract with the Seller as a consumer.

2. Customer Account

2.1 To use the online shop, the customer must create a customer account. Correct and complete information must be provided during registration. Third-party data may not be used without their consent.

2.2 The Buyer is required to keep their access data, such as passwords, confidential and to inform the Seller immediately in case of loss or unauthorized use of these access data.

3. Conclusion of Contract

3.1 By submitting the order, the Buyer makes a legally binding offer to conclude a contract with the Seller. The purchase contract is concluded when the Seller accepts the offer by dispatching the goods or by sending the Buyer an email with a declaration of acceptance. The automatically generated confirmation email upon receipt of the order does not constitute an acceptance declaration by the Seller. This email merely confirms that the Seller has received the Buyer’s offer.

3.2 The Seller stores the contract text. The Buyer does not have direct access to the stored contract text. The Buyer can refer to the specific order details from the order confirmation sent via email by the Seller.

3.3 For deliveries to Switzerland, the purchase contract is concluded between the Buyer and MeinEinkauf AG, St. Gallen (CHE-331.561.017 MWST). This entity also takes care of customs clearance, invoicing, and delivery in Switzerland. This service is included in the purchase price and any shipping costs calculated. For smooth delivery to Switzerland, we inform for transparency reasons that MeinEinkauf GmbH in DE-Konstanz (DE285677365) is also involved in the supply chain. This incurs no additional costs for the Buyer.

4. Payment Terms

4.1 The prices listed in the Seller's online shop are final prices, including the applicable VAT.

4.2 The purchase price is due upon conclusion of the contract unless otherwise agreed.

4.3 If paying by invoice, the due date will be indicated on the invoice.

5. Delivery Terms

5.1 If additional delivery and/or shipping costs are incurred in addition to the purchase price, these will be listed in the product description in the online shop.

5.2 Unless otherwise agreed, delivery is made to the delivery address provided by the Buyer. Delivery time estimates are always non-binding unless the delivery date has been explicitly confirmed by the Seller.

5.3 The place of performance is the Seller's place of business.

5.4 In certain cases, the Seller offers to send a product that is currently unavailable as a subsequent delivery once it becomes available. In such cases, the Buyer will not incur additional shipping or COD fees for the subsequent delivery.

6. Retention of Title

The goods remain the property of the Seller until full payment has been made.

7. Right of Withdrawal

For consumers as defined in § 13 BGB (see section 1.2 of these GTC), the following right of withdrawal applies. The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer.

Withdrawal Policy

Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day you, or a third party designated by you who is not the carrier, have taken possession of the goods. In the case of a contract covering several goods ordered as part of a single order and delivered separately, the withdrawal period is fourteen days from the day on which you, or a third party designated by you who is not the carrier, have taken possession of the last goods. To exercise your right of withdrawal, you must inform us (Evolime GmbH, Gewerbestr. 4d, 67251 Freinsheim, Email: info@one-k-wheels.com) of your decision to withdraw from this contract through a clear statement (e.g., a letter sent by mail or email).

Consequences of Withdrawal
If you withdraw from this contract, we will reimburse all payments we have received from you, including delivery costs (except for any additional costs arising if you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and no later than fourteen days from the day on which we received your notice of withdrawal. For this repayment, we will use the same means of payment that you used in the original transaction, unless explicitly agreed otherwise with you; in no case will you be charged any fees for this repayment.

8. Costs of Return Shipment after Withdrawal

The Buyer bears the costs of returning the goods in the event of withdrawal. This also applies if the goods cannot be returned by regular mail due to their nature.

9. Liability

9.1 The Seller’s liability for damages, regardless of the legal grounds, is limited according to the provisions of this section 9.

9.2 The Seller is not liable for slight negligence on the part of its officers, legal representatives, employees, or other vicarious agents, unless it concerns a violation of essential contractual obligations.

9.3 If the Seller is liable for damages as per section 9.2, this liability is limited to damages that the Seller foresaw as a possible consequence of a contractual violation at the time of contract conclusion or that it should have foreseen using standard commercial care.

9.4 The limitations of liability do not apply to liability for damage to life, limb, or health, or for liability under the Product Liability Act.

10. Warranty

The warranty for defective products is governed by statutory provisions, §§ 433 ff. BGB.

11. Applicable Law and Final Provisions

11.1 All contracts concluded with the Seller are subject to the laws of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. If the Buyer’s usual residence is in another EU country, and that country’s national regulations grant additional consumer protection rights beyond German law, these national regulations apply (Art. 6 (2) Rome I Regulation).

11.2 Should any individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall not be affected.

Version dated 17.10.2024