Terms and Conditions

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Terms and Conditions with Customer Information
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Table of Contents
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1. Scope of Application
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Conditions
5. Delivery and Shipping Conditions
6. Retention of Title
7. Liability for Defects (Warranty)
8. Liability
9. Redemption of Promotional Vouchers
10. Redemption of Gift Vouchers
11. Applicable Law
12. Alternative Dispute Resolution


1) Scope of Application
1.1 These General Terms and Conditions (hereinafter "GTC") of Louisa Peter, operating under "EVEEIGHT®" (hereinafter "Seller"), apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller concerning the goods presented by the Seller in his online shop. The inclusion of the Customer's own conditions is hereby objected to, unless otherwise agreed.
1.2 These GTC apply accordingly to contracts for the delivery of vouchers, unless otherwise specified.
1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed.
1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.

2) Conclusion of Contract
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve to enable the Customer to submit a binding offer.
2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process.
2.3 The Seller can accept the Customer's offer within five days,
- by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the Customer is decisive, or
- by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
- by requesting payment from the Customer after they have placed their order.
If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the Customer sends the offer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this is deemed to be a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.
2.4 If a payment method offered by PayPal is selected, payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal terms of use, viewable at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the terms for payments without a PayPal account, viewable at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the Seller already declares acceptance of the Customer's offer at the time the Customer clicks the button that completes the ordering process.
2.5 When an offer is submitted via the Seller's online order form, the contract text is stored by the Seller after the contract has been concluded and sent to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent their order. The Seller does not make the contract text accessible beyond this. If the Customer has set up a user account in the Seller's online shop before sending their order, the order data will be archived on the Seller's website and can be accessed free of charge by the Customer via their password-protected user account by providing the corresponding login data.
2.6 Before submitting a binding order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the browser's magnification function, which magnifies the display on the screen. The Customer can correct their entries within the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the ordering process.
2.7 The German language is available for the conclusion of the contract.
2.8 Order processing and contact usually take place via e-mail and automated order processing. The Customer must ensure that the e-mail address provided by them for order processing is correct, so that the e-mails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered.

3) Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller's withdrawal policy.

4) Prices and Payment Conditions
4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory value-added tax. Any additional delivery and shipping costs will be specified separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for money transfers by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also arise in relation to money transfers if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the customer in the seller's online shop.
4.4 If payment in advance by bank transfer is agreed, payment is due immediately after the conclusion of the contract, unless the parties have agreed on a later due date.
4.5 If a payment method offered via the payment service "PayPal" is selected, payment processing is handled by PayPal, whereby PayPal may also use the services of third-party payment service providers. If the seller also offers payment methods via PayPal where he makes an advance payment to the customer (e.g., purchase on account or installment payment), he assigns his payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the seller's assignment declaration, PayPal or the payment service provider commissioned by PayPal conducts a credit check using the transmitted customer data. The seller reserves the right to refuse the selected payment method to the customer in the event of a negative credit check result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, he can only make payments to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the event of assignment of claims, the seller remains responsible for general customer inquiries, e.g., regarding goods, delivery time, shipping, returns, complaints, cancellation declarations and returns, or credit notes.
4.6 If the payment method "SOFORT" is selected, payment processing is handled by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). To be able to pay the invoice amount via "SOFORT", the customer must have an online banking account enabled for participation in "SOFORT", legitimize themselves accordingly during the payment process and confirm the payment instruction to "SOFORT". The payment transaction is then immediately carried out by "SOFORT" and the customer's bank account is debited. Further information on the payment method "SOFORT" can be found on the internet at https://www.klarna.com/sofort/.
4.7 If a payment method offered via the payment service "Shopify Payments" is selected, payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments will be communicated to the customer in the seller's online shop. For the processing of payments, Stripe may use other payment services, for which special payment conditions may apply, to which the customer may be separately informed. Further information on "Shopify Payments" can be found on the internet at https://www.shopify.com/legal/terms-payments-de.
4.8 If a payment method offered via the payment service "Stripe" is selected, payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Stripe will be communicated to the customer in the seller's online shop. For the processing of payments, Stripe may use other payment services, for which special payment conditions may apply, to which the customer may be separately informed. Further information on Stripe can be found on the internet at https://stripe.com/de.
4.9 If the payment method "purchase on account" is selected, the purchase price becomes due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 14 (fourteen) days of receipt of the invoice without any deductions, unless otherwise agreed. The seller reserves the right to offer the payment method "purchase on account" only up to a certain order volume and to reject this payment method if the stated order volume is exceeded. In this case, the seller will indicate such a payment restriction in his payment information in the online shop. The seller also reserves the right to carry out a credit check when selecting the payment method "purchase on account" and to reject this payment method in the event of a negative credit check.
4.10 If the SEPA direct debit payment method is selected, the invoice amount is due after a SEPA direct debit mandate has been issued, but not before the expiry of the pre-notification period for payment. The direct debit will be collected when the ordered goods leave the seller's warehouse, but not before the expiry of the pre-notification period. Pre-notification is any communication (e.g., invoice, policy, contract) from the seller to the customer announcing a debit by SEPA direct debit. If the direct debit is not honored due to insufficient funds or due to incorrect bank details, or if the customer objects to the debit even though they are not entitled to do so, the customer shall bear the fees incurred by the respective credit institution due to the chargeback, if they are responsible for this.
4.11 If the payment method "PayPal Direct Debit" is selected, PayPal will collect the invoice amount from the customer's bank account on behalf of the seller after a SEPA direct debit mandate has been issued, but not before the expiry of the pre-notification period. Pre-notification is any communication (e.g., invoice, policy, contract) to the customer announcing a debit by SEPA direct debit. If the direct debit is not honored due to insufficient funds or due to incorrect bank details, or if the customer objects to the debit even though they are not entitled to do so, the customer shall bear the fees incurred by the respective credit institution due to the chargeback, if they are responsible for this.
4.12 If the direct debit payment method via Stripe is selected, payment processing will be handled by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). In this case, Stripe will collect the invoice amount from the customer's bank account on behalf of the seller after a SEPA direct debit mandate has been issued, but not before the expiry of the pre-notification period. Pre-notification ("Pre-Notification") is any communication (e.g., invoice, policy, contract) to the customer announcing a debit by SEPA direct debit. If the direct debit is not honored due to insufficient funds or due to incorrect bank details, or if the customer objects to the debit even though they are not entitled to do so, the customer shall bear the fees incurred by the respective credit institution due to the chargeback, if they are responsible for this. The seller reserves the right to conduct a credit check when selecting the SEPA direct debit payment method and to refuse this payment method in the event of a negative credit check.

5) Delivery and Shipping Conditions
5.1 If the seller offers shipping of goods, delivery will be made within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. The delivery address specified in the seller's order processing is decisive for the transaction.
5.2 If delivery of the goods fails for reasons attributable to the customer, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of dispatch if the customer effectively exercises their right of withdrawal. For return costs, in the event of effective exercise of the right of withdrawal by the customer, the provisions made in the seller's cancellation policy apply.
5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as the seller has handed over the item to the forwarder, the carrier or the person or institution otherwise designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes to the customer upon handover of the goods to the customer or a person authorized to receive them. Notwithstanding this, even for consumers, the risk of accidental loss and accidental deterioration of the sold goods already passes to the customer as soon as the seller has handed over the item to the forwarder, the carrier or the person or institution otherwise designated to carry out the shipment, if the customer has commissioned the forwarder, the carrier or the person or institution otherwise designated to carry out the shipment and the seller has not previously named this person or institution to the customer.
5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This applies only if the non-delivery is not attributable to the seller and the seller has, with due care, concluded a specific hedging transaction with the supplier. The seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.
5.5 Self-collection is not possible for logistical reasons.
5.6 Vouchers are provided to the customer as follows:
- by email

6) Retention of Title
If the seller makes an advance payment, he reserves ownership of the delivered goods until full payment of the owed purchase price.

7) Liability for Defects (Warranty)
Unless otherwise specified in the following provisions, the provisions of statutory liability for defects apply. Deviating from this, the following applies to contracts for the delivery of goods:
7.1 If the customer acts as an entrepreneur,
- the seller has the choice of the type of supplementary performance;
- for new goods, the limitation period for defects is one year from delivery of the goods;
- for used goods, rights and claims due to defects are excluded;
- the limitation period does not start anew if a replacement delivery is made within the scope of liability for defects.
7.2 The aforementioned limitations of liability and reductions of deadlines do not apply
- to claims for damages and reimbursement of expenses by the customer,
- in the event that the seller has fraudulently concealed the defect,
- for goods that have been used for a building in accordance with their usual use and have caused its defectiveness,
- for any existing obligation of the seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.
7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.
7.4 If the customer acts as a merchant within the meaning of § 1 HGB, they are subject to the commercial duty to inspect and give notice of defects in accordance with § 377 HGB. If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.
7.5 If the customer acts as a consumer, they are requested to report goods delivered with obvious transport damage to the delivery person and to inform the seller thereof. Failure by the customer to do so has no effect on their statutory or contractual claims for defects.

8) Liability
The seller is liable to the customer for all contractual, quasi-contractual and statutory, including tortious claims for damages and reimbursement of expenses as follows:
8.1 The seller is liable without limitation for any legal reason
- in case of intent or gross negligence,
- in case of intentional or negligent injury to life, limb or health,
- due to a guarantee promise, unless otherwise regulated in this regard,
- due to mandatory liability, such as under the Product Liability Act.
8.2 If the seller negligently violates an essential contractual obligation, liability is limited to the contractually typical, foreseeable damage, unless unlimited liability exists in accordance with the preceding paragraph. Essential contractual obligations are obligations that the contract imposes on the seller according to its content to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the customer can regularly rely.
8.3 In all other respects, the seller's liability is excluded.
8.4 The above liability regulations also apply with regard to the seller's liability for his vicarious agents and legal representatives.

9) Redemption of Promotional Vouchers
9.1 Vouchers issued by the seller free of charge as part of promotional campaigns with a specific validity period and which cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only within the specified period.
9.2 Individual products may be excluded from the voucher campaign if a corresponding restriction results from the content of the promotional voucher.
9.3 Promotional vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.
9.4 Only one promotional voucher can be redeemed per order.
9.5 The merchandise value must at least correspond to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
9.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.
9.7 The credit of a promotional voucher will neither be paid out in cash nor accrue interest.
9.8 The promotional voucher will not be refunded if the customer returns goods paid for entirely or partially with the promotional voucher within the scope of their statutory right of withdrawal.
9.9 The promotional voucher is transferable. The seller can discharge his obligation with liberating effect to the respective holder who redeems the promotional voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the lack of authorization, legal incapacity or lack of power of representation of the respective holder.

10) Redemption of Gift Vouchers
10.1 Vouchers that can be purchased through the seller's online shop (hereinafter "gift vouchers") can only be redeemed in the seller's online shop, unless otherwise specified on the voucher.
10.2 Gift vouchers and remaining balances of gift vouchers can be redeemed until the end of the third year following the year of voucher purchase. Remaining balances will be credited to the customer until the expiration date.
10.3 Gift vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.
10.4 Only one gift voucher can be redeemed per order.
10.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.
10.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.
10.7 The credit of a gift voucher will neither be paid out in cash nor accrue interest.
10.8 The gift voucher is transferable. The seller can discharge his obligation with liberating effect to the respective holder who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the lack of authorization, legal incapacity or lack of power of representation of the respective holder.

11) Applicable Law
All legal relations between the parties are governed by the law of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.

12) Alternative Dispute Resolution
12.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
12.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

Status: 28.12.2024, 21:32:48 Uhr