GENERAL TERMS AND CONDITIONS OF EVOC SPORTS GMBH

1.2 Using the EVOC webshop, EVOC shall only conclude contracts with customers who are natural persons who have reached the age of 18, whose permanent habitual residence is in the territory of the European Union and who conclude the respective purchase for purposes which can primarily be attributed neither to their commercial nor their independent professional activity. Deliveries are made exclusively to delivery addresses within the European Union.

Orders in the EVOC webshop can be placed using a customer account or as a guest.

2.1 For orders using a customer account, the customer shall create such an account. The data requested during the registration process must be complete and correct. If a change of data occurs after the registration, the Customer is obliged to enter the new data immediately forthwith in case an order placed in the EVOC webshop has not yet been completed at the time of the change. Otherwise, the Customer is obliged to enter the new data in the customer account at the latest before placing a new order.

The personal password used for the customer account must be kept private and may not be disclosed to third parties. The Customer is responsible for all actions taken under his customer account in the EVOC webshop and/or on the EVOC website, available at https://www.evocsports.com.

2.2 For orders as a guest, the Customer is requested to provide data. Mandatory information is marked with an (*). The data requested must be complete and correct.

3.1 The presentation and promotion of goods in the EVOC webshop is not an offer in the legal sense.

3.2 By clicking the button "[SUBMIT ORDER]", the customer submits a binding offer to purchase the goods in the shopping cart.

3.3 Once the binding offer has been submitted, the Customer shall receive a confirmation of receipt from EVOC by automated e-mail in which the order is stated. The automatic order confirmation shell only confirms receipt of the order and is not a declaration of acceptance of the offer.

3.4 The declaration of acceptance of the Customer's offer by EVOC shall be made by transmission of the delivery confirmation by e-mail. If the Customer does not receive the delivery confirmation from EVOC by the end of the third working day (Mon.-Fri. with exception of Bavarian national public holidays) from the date of the order confirmation, no contract for the ordered goods shall be concluded. Any payments made by the Customer for this order shall be refunded to the Customer within 10 working days of receipt of payment by EVOC at the latest. For the refund, EVOC shall use the same means of payment that the Customer used for the original transaction. The Client shall not be charged any fees for the refund.

The Customer is entitled as a consumer in accordance with § 312g i.c.w. § 355 BGB the following right of withdrawal.

In case the Customer withdraw from this contract, EVOC shall reimburse all payments received from the Customer, including delivery costs (with the exception of supplementary costs resulting from the Customer’s choice of a type of delivery other than the cheapest standard delivery offered by EVOC), without delay, but no later than fourteen days after the day upon which EVOC receives notice of withdrawal of this contract. EVOC shall use the same payment method that the Customer used for the original transaction, unless otherwise expressly agreed with the Customer. Under no circumstances will the Customer be charged a fee for this refund. EVOC may withhold the reimbursement until it has received the returned goods or until the Customer has provided proof that he/she has returned the goods, whichever is earlier.

The Customer must return or hand over the goods to EVOC, EVOC Sports GmbH, Tegernseer Landstr. 37a, 81541 München, without delay and no later than fourteen days from the date upon which the Customer notifies EVOC of withdrawal from this contract. The deadline is deemed to be met if the Customer sends the goods before the expiry of the fourteen-day deadline.

Return costs are borne by the Customer.

The Customer shall only be liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

The right of withdrawal does not apply to the following contracts:

(1) Contracts for the supply of goods which 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.

(2) Contracts for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and which have been unsealed by the consumer after delivery.

(3) Contracts for the supply of goods which after delivery, are, by their nature, inseparably mixed with other goods.

If the Customer decide to withdraw from the contract, he/she has to fill out this form and send it back to EVOC Sports GmbH, Tegernseer Landstraße 37a, 81541 Munich, info@evocsports.com, phone: +49 89 540 41 14 0, fax: +49 89 540 41 14 60:

End of the withdrawal policy

5.1 In addition to the Customer’s statutory rights (see clause 4), EVOC provides the Customer a voluntary right of return of 30 days of receipt of the goods.
This right of return allows the Customer to withdraw from the contract even after expiry of the 14-day withdrawal period (see clause 4) by returning the goods to EVOC within 30 days of receipt (period begins on the day after receipt of the goods). Before the deadline for the statutory right of withdrawal (see clause 4) expires, only the statutory conditions apply. Timely dispatch is sufficient to meet the deadline.

5.2 The voluntary right of return does not apply to contracts for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and which have been unsealed by the Consumer after delivery.

5.3 The prerequisite for the voluntary right of return is that the Customer has only try on and check the goods in a manner that would have been possible in a stationary shop. Goods must be complete and in the original condition, undamaged and without damage in the original packaging together with any instruction and – if available – with an undamaged seal. If the requirements are not met, EVOC can refuse to take back the goods. If the original packaging is not available, the Customer shall procure another packaging that is suitable for the return shipment and ensures that the goods arrive undamaged at EVOC.

5.4 For returns, the Customer shall use our online returns form.

5.4.1 For orders placed via a customer account, the Customer shall find the online return form in the customer area of the customer account under the "[ORDER]" tab. The customer may select the goods to be returned and specify the reason for the return.

5.4.2 In case the customer has ordered the goods as a guest, the customer shall use the contact form

5.5 If the Customer return goods in compliance with this voluntary return policy, EVOC will refund the purchase price of the goods but not the shipping costs of your original purchase. EVOC will bear the return shipping costs, insofar as the return was registered via the online return form. EVOC shall use the same payment method that the Customer used for the original transaction. The Customer will not be charged a fee for this refund.

5.6 The Customer will bear the transportation risk.

5.7 Alternative to refusing the return of goods (see clause 5.3): In case of any deterioration or loss in value of the goods, EVOC may demand compensation for the loss in value incurred insofar as the loss in value is caused by handling of the goods which was not necessary to check the condition, properties and functionality of the goods.

5.8 This voluntary return policy does not restrict the Customer’s statutory rights nor the Customer’s statutory right of withdrawal (see clause 4).

6.1 All specified prices by EVOC include the respective statutory value added tax. The purchase price and shipping costs shall be clearly indicated to the Customer in the shopping card and once again on the order page.

6.2 Shipping costs are EUR 5 in Germany and EUR 10 in all other European Union countries. From an order value of EUR 150, EVOC ships the goods free of charge within Germany. From an order value of EUR 250, EVOC ships the goods free of charge within all other European Union countries.

7.1 Goods shall be shipped by DHL or another shipping service provider of EVOC’s choice to the delivery address specified by the Customer in the order.

7.2 Shipment shall take place at the latest at the end of the third working day (Mon.-Fri. with the exception of Bavarian national public holidays) after receipt of the order confirmation by the customer.

8.1 The customer can pay by credit card, SEPA direct debit, Paypal, ApplePay or Klarna. Processing via Klarna is possible via Klarna Pay now, Klarna SOFORT Banking and Klarna Pay later.

8.2 For payments via Paypal, ApplePay and Klarna, the general terms and conditions of the respective payment service provider apply in addition to these Terms and Conditions.

8.3 EVOC shall reserve the right to exclude certain payment methods.

The goods shall remain the property of EVOC until full payment has been made by the Customer.

The statutory liability for defects shall apply to contracts with Consumers.

11.1 EVOC shall be liable without limitation insofar as the cause of the damage is based on intent or grossly negligent breach of duty by EVOC or a legal representative or vicarious agent of EVOC.

11.2 In addition, EVOC shall be liable for the slightly negligent breach of material obligations. Material obligations are obligations whose breach jeopardizes the achievement of the purpose of the contract or whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance the client regularly relies. However, in this case EVOC shall only be liable for the predictable damage typical for the contract. EVOC shall not be liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.

11.3 The above limitations of liability do not apply in the event of injury to life, limb or health, for a defect after the assumption of a guarantee for the quality of the goods and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.

EVOC processes personal data of the Customer as a part of the processing of the contract. EVOC undertakes to treat Customers’ personal data as confidential in accordance with data protection legislation (in particular the GDPR, the Federal Data Protection Act, the Telemedia Act and the Telecommunications Telemedia Data Protection Act) and to ensure compliance with the applicable national and European data protection regulations at any time. EVOC provides detailed information on the subject of data protection in data protection declaration

13.1 German law applies under exclusion of the UN Convention on the International Sale of Goods (CISG) and conflict of laws provision.

13.2 Deviating Terms and Conditions of the Customer shall not apply. This shall also apply if these Terms and Conditions are not expressly contradicted by EVOC.

13.3 The Customer can access these Terms and Conditions at https://www.evocsports.com. In addition, the Customer can print and save these Terms and Conditions by using the standard function of the browser.

In addition, the Customer may archive these Terms and Conditions and the details of the order by downloading the Terms and Conditions and saving the data summarized on the last page of the order process in the EVOC webshop using the functions of the browser. Furthermore, the customer can save and print out the automatic order confirmation (e-mail), which contains the details of the order and the Terms and Conditions.

13.4 The European Commission provides an Online Dispute Resolution (ODR) platform, which can be found at https://ec.europa.eu/consumers/odr/. EVOC prefers to resolve Customer concerns directly and, therefore, does not take part in consumer arbitration processes.

Please contact EVOC directly if you have any questions or problems. Customers can contact EVOC’s customer service for questions, complaints and claims on weekdays from 9 a.m. to 12 noon and 1 p.m. to 5 p.m. by calling +49 89 540 41 14 0 or by e-mail at service@evocsports.com.

As of April 2022