GENERAL TERMS AND CONDITIONS (GTC)
Responsible operator of this online shop
Evo Drinks B.V. – Molenstraat 20
7551 DC Hengelo (NL)
Service provider for
order and shipping processing
Evo Drinks GmbH
49214 Bad Rothenfelde
Customers / Order Hotline:
Tel.: +49 5424 211 40 46
1 Scope of application
The business relationship between Evo Shop Ltd. (hereinafter referred to as the the "Supplier") and the customer (hereinafter referred to as the "Customer") shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order. Any conditions of the Customer that deviate from these terms and conditions will not be recognised unless the provider expressly agrees to their validity. The Customer hereby declares, by accepting these Terms and Conditions, that he/she accepts them to the exclusion of any own terms and conditions.
2 Conclusion of contract, rejection of the order, approval for printing and proofs
(1) The Supplier offers various beverages for sale as well as beverage cans with individualised labels/imprints (hereinafter "Products") on the https://evodrinks.com website.
(2) The Customer can select Products from the Supplier's product range and collect them in a so-called shopping cart. The Customer then submits a binding request to purchase the goods that are in the shopping cart. The Customer can change and view the data at any time before submitting the order.
(3) The Supplier will then send the Customer an order confirmation by email. This order confirmation merely documents that the Customer's order has been received by the Supplier and does not constitute an acceptance of the order. The Contract shall only come into existence when the Supplier submits the declaration of acceptance, which is sent in a separate email (order confirmation).
(4) The Customer hereby grants the Supplier the assurance that the contents of any submissions to be transferred do not violate statutory provisions. The Customer is solely responsible for the content of the transmitted data. The Supplier has the right to refuse to execute orders at his/her own discretion.
a.) the submission or content of the data transferred or the fulfilment of the order would violate applicable criminal laws or could be punished as an administrative offence; or
b.) the submission or content of the transmitted data is clearly intended to achieve racist, xenophobic, violent, radical or otherwise anti-constitutional goals, or
c.) the submission or the content of the transmitted data is of a sexist nature; or
d.) the submission or the content of the transmitted data disregards general basic ethical values or is to be classified as immoral for other reasons.
The above examples are not to be considered as conclusive reasons for rejection. Rather, the Supplier reserves the right to refuse to execute the order at any time for any additional reason.
(5) In the event that an order is not processed using the Internet store at www.evodrinks.com, the following applies to the release of print data.
The Customer is obliged to check the proofs for typesetting and other errors and declare them ready for printing. The print approval usually takes place electronically via a contact email provided by the provider online: email@example.com
Printing approval by telephone will only be granted in exceptional cases and at the express request of the Customer or if it is not possible to grant electronic printing approval. The subject of the print is always the digital print data submitted by the Customer with the integrated colour profiles, colour values and other descriptive print data. The Supplier is not liable for errors overlooked by the Customer. No liability can be accepted for any changes made by telephone.
3 Identity and age verification when ordering alcoholic beverages
The Supplier's personalised beverage cans can be filled with various beverages, including alcoholic beverages. The Customer assures the Supplier with his order of alcoholic beverages that the Customer is at least sixteen years old or of age, depending on the beverage, and therefore the order and delivery of alcoholic beverages does not violate any legal provisions, in particular the Youth Protection Act. The Supplier will indicate the required minimum age in the offers. The Supplier will carry out an appropriate identity and age check to verify the age of the Customer. The Supplier is entitled not to execute the order of alcoholic beverages if the Customer cannot prove his/her required age for the order through the corresponding identity and age verification procedure.
4 Rights of use and property rights, release from liability
(1) The Customer expressly assures that he/she is entitled to publish the contents of the transmitted data and to reproduce them. The Customer shall specifically ensure that he/she shall observe the data protection and personal rights of any third parties. The Customer agrees to refrain from transmitting any data whose contents violate third-party rights of use and protection (e.g. trademark rights, copyrights). The Customer shall absolve the Supplier from all claims and demands that are asserted due to the infringement of such third-party rights, insofar as the Customer is responsible for the breach of duty. The Customer shall reimburse the Supplier for all legal expenses and other damages incurred by the Supplier in this connection.
(2) The Supplier reserves the exclusive rights of use for the copyrighted services provided by the Supplier for the Customer, in particular for drafts, picture and text marks, layouts, etc. The Supplier shall only transfer the rights of use necessary for the relevant purposes to the Customer. Unless otherwise agreed, only a simple right of use is transferred. Any transfer of the rights of use to third parties requires prior written agreement. The transfer of rights of use is subject to full payment of the agreed remuneration. If the Customer wishes to apply for formal industrial property rights to be entered in an official register with regard to such copyrighted services as drafts, picture and text marks, layouts etc., this requires our prior consent.
5 Delivery and availability of goods
(1) Unless the sale of consumer goods is concerned, delivery is at the Customer's expense and risk. Any transport damages incurred in this case can only be claimed from the carrier (post office, railroad, forwarding agent, etc.).
(2) Unless the sale of consumer goods is concerned, the risk is transferred to the Customer as soon as the shipment has been handed over to the carrier or has left the Supplier's warehouse for the purpose of shipment. If shipment is not possible for reasons not attributable to the Supplier, the risk shall pass to the Customer upon notification that the goods are ready for shipment.
(3) If any of the selected Products are not available at the time the Customer places an order, the Supplier will inform the Customer immediately in the order confirmation email. If the Product is permanently out of stock, the Supplier will not issue an order confirmation. In this case no contract shall be concluded.
(4) If the Product ordered is only temporarily unavailable, the Supplier will likewise immediately inform the Customer in the order confirmation.
(5) The dispatch takes place after receipt of payment and after completion of production.
6. Delivery period
The delivery will be made within the period agreed upon. If no such agreement has been made, delivery shall be made within a reasonable period of time. The Supplier is not responsible for exceeding the delivery time if this is caused by circumstances beyond the Supplier's control. Interruptions to operations exempt the Customer from compliance with the agreed delivery time and therefore do not entitle the Customer to withdraw from the order or to claim damages.
7. Retention of Title
(1)The delivered goods remain the property of the Supplier until full payment has been received.
(2) The Customer is authorised to resell the reserved goods in the ordinary course of business. The Customer hereby assigns all claims against third parties arising from this to the Supplier in advance to secure the claims, namely in the amount of the corresponding invoice value (including the total VAT). The cession notwithstanding, the Customer maintains the right to collect.
8 Compensation, withholding and cession
(1) Insofar as the Customer is an entrepreneur within the meaning of § 14 BGB (German Civil Code), he shall only be entitled to offset counterclaims against payment claims of the Provider or to assert a right of retention due to counterclaims if and insofar as the existence of his counterclaim is undisputed, has been legally established or is ready for decision.
(2) If the Customer is not an entrepreneur, the cession of claims of the Customer against the Supplier, for whatever legal reason, is excluded, if the Supplier does not expressly agree to the cession in writing. The Supplier undertakes to indemnify the Customer in the event of an erroneous payment to the Customer and former creditors, if and insofar as the new creditor declares the cession to be legally binding with respect to the Supplier at the time of disclosure of the cession. Kunden und Altgläubiger von einer Inanspruchnahme freizustellen.
9 Warranty, liability
(1) If the Customer is not a consumer, the Supplier must be notified of defects in writing by registered letter after receipt of the goods by the Customer in accordance with the following provisions:
- • ) If the Customer is not a merchant, the following deadlines shall apply:
aa). If the order involves the delivery of food, notification of defects must be made immediately after receipt of the goods.
- • ) In all other cases, obvious defects are to be reported to the Supplier within a period of 10 days after receipt of the goods, whereas hidden defects are to be reported to the Supplier within a period of 10 days after their discovery, but no later than 6 months after receipt of the goods.
c.) Insofar as the Customer is subject to the provisions of the German Commercial Code (HGB), the validity of a notice of defects shall be determined exclusively in accordance with Section 377 of the German Commercial Code.
The timeliness of the notification of defects shall be determined by the time at which the customer sends the notification by post.
(2) If the customer is an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB) and if he/she has made a timely complaint in the event of a defect for which the Supplier is responsible, the Customer shall have a claim to rectification of the defect or subsequent delivery, at the Supplier's discretion, in deviation from Section 439 (1) of the German Civil Code (BGB). If two attempts at repair or subsequent delivery also fail, the Customer shall be entitled to withdraw from the Contract or to demand a corresponding reduction in the purchase price (abatement) at his/her discretion.
(3) In the event of intent or gross negligence as well as in the absence of a guaranteed feature, the Supplier shall be liable without limitation for all damages attributable to it. The Supplier shall be liable without limitation in the case of slight negligence in the event of injury to life, body or health. If the Supplier is in breach of contract due to slight negligence, if his performance has become impossible or if the Supplier has breached a material obligation, liability for material and financial damage attributable to this is limited to the foreseeable damage typical of the Contract. An essential obligation is one whose compliance makes the proper execution of the Contract possible in the first place, whose violation endangers the achievement of the purpose of the Contract and on whose compliance the Customer may regularly rely. Liability for all other damages is excluded, whereby liability under the Product Liability Act remains unaffected.
10 Limitation of claims arising from the contractual relationship
(1) Warranty claims for defects that are exclusively attributable to the perishability of the goods shall become statute-barred according to the shelf life of the products.
(2) Insofar as the Customer is not a consumer, all claims derived from the defectiveness of the goods, including any claims for damages, shall become statute-barred after twelve months, beginning with the transfer of risk, except in the case of gross negligence and claims for compensation for damage to life, body or health.
11. Data protection
The Supplier shall process the Customer's personal data for the intended purpose and in accordance with the statutory provisions. Personal data provided for the purpose of ordering goods (such as name, email address, postal address, payment data) are used for the fulfilment and processing of the Contract. This data is treated confidentially and is not passed on to third parties who are not involved in the ordering, delivery and payment process. The Customer has the right to obtain information free of charge about the personal data stored about him/her. Additionally, he/she has the right to demand the correction of incorrect data and to block and delete his/her personal data, as long as there is no legal obligation to keep records.
12. Final provisions
(1) If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Supplier is the registered office of the Supplier.
(2) The Contract remains binding in its remaining parts even if individual points are legally ineffective. Statutory provisions, if available, shall replace the ineffective provisions. Insofar as this would constitute an unreasonable hardship for one of the contracting parties, the Contract as a whole shall, however, become invalid.