General Terms & Conditions
General Terms & Conditions of the EVO Eitel & Volland GmbH
§ 1 Contractor
EVO Eitel & Volland GmbH
70736 Fellbach – Germany
Managing Director: Uwe Volland and Timo Eitel
Register Court: Stuttgart, Register number: HRB 264392
VAT registration number: DE213460491
§ 2 Sphere of application
- The following General Terms and Conditions shall apply for all orders sent by fax, letter or email to EVO GmbH by customers and shall be recognised by the Customer on each order.
- Customers in the terms of these business terms and conditions are consumers (section §13 BGB German Civil Code) or entrepreneurs (section §14 BGB).
- Consumers in the terms of these business conditions are natural persons with whom business relationships are entered into but to whom a commercial, self-employed or free-lance activity cannot be assigned.
- Entrepreneurs in the terms of these business terms and conditions are legal entities or natural persons or partnerships with legal capacity with which business relationships are entered into and which exercise a commercial, self-employed or free-lance activity.
- Deviating, opposing or supplementary general terms and conditions shall not become a part of this agreement unless their applicability has been expressly agreed in writing. Any form-type indication to business terms and conditions of the customer is rejected.
§ 3 Conclusion of agreement
- The presentation of EVO GmbHs range on the Internet does not represent an offer in the terms of sections §145 et seq. BGB (German Commercial Code). Through an order in the online shop or by letter or fax, the customer makes a binding purchase offer to EVO GmbH. EVO GmbH is entitled to accept the order by way of delivery of the goods, fully or partly, within 14 days. Acceptance takes place with the reservation of the availability of the goods, in particular with the reservation of correct and punctual delivery by the EVO GmbHs suppliers. This shall apply, however, only for the case that EVO GmbH is not responsible for non-delivery.
- Should the goods not be available at EVO GmbHs suppliers, EVO GmbH shall inform the customer correspondingly without delay and refund any already provided counter performance of the Customer without delay.
- A confirmation of receipt email which is automatically generated and sent by the system immediately after receipt of the Customers order or acceptance of an order by telephone by EVO GmbH shall not represent binding acceptance of the offer of purchase by EVO GmbH.
- Within the framework of the order process, the risk of a non-clarified faulty transmission shall be borne by the Customer.
§ 4 Products and Prices
- The prices listed on the Internet at the point of time of the order shall be applicable. The prices stated are end prices, i.e. they include the statutory VAT of 19 % and other parts of the price plus shipping costs as can be seen in the order process.
- Foreign customers (third-party countries) and commercial persons in the EU tax territory with a valid turnover tax ID number shall receive the goods net without German VAT plus shipping costs. Commercial persons from the EU shall, for this, select the customer group EU Commercial Persons with Turnover Tax ID" in the order process and correctly quote their turnover tax ID number.
- We draw attention apart from this to the fact that for deliveries to third-party countries (outside Germany and the EU), costs can arise for customs duty and import taxes. These shall be paid directly by the customer. Please inform yourself in advance at your competent customs authorities.
- For limited offers, the term of applicability can be seen at the point at which they are presented in the shop.
- Price changes and errors are reserved.
Changes in design or shape, variations in color and changes in the scope of delivery or performance on the part of the manufacturer remain reserved during the delivery period, provided the changes or deviations are reasonable for the customer, taking into account the interests of Daimler AG and EVO. The illustrations may also contain accessories, optional extras or other sizes that are not part of the standard scope of delivery or service. Color deviations are technical. Individual pages may also contain types and services that are not available in individual countries. Statements about legal, legal and tax regulations and effects are only valid for the Federal Republic of Germany. Unless otherwise stated in the conditions of sale or delivery, the prices valid on the day of delivery shall apply. For our contractual partners, the prices are a non-binding price recommendation. Therefore, please ask a branch or a contractual partner about the latest status.
§ 5 Ordering procedure
- Ordering in our online shop takes place when you, as the customer
- place the item in the shopping basket,
- state your email address, invoice and delivery address,
- state the desired payment data,
- check the correctness of your statements on the control page,
- click at the bottom of the page on to the button "order now".
- Information on the point of time of the conclusion of the agreement can be found in section 2 of the General Terms and Conditions. You can find further information about the ordering process in the shopping basket.
§ 6 Payment
- Private customers and companies can use the online payment types which are listed in the shop. The data necessary for processing the business deal are stored in accordance with the legal data protection provisions. Should the customers account not cover the price, he shall bear the costs of any return debit note.
- Contractual partners and companies of Daimler AG can receive technical literature, books and brochure reprints on delivery note and subsequent invoice directly from Daimler AG, Mercedes-Benz Classic Fellbach, R051, 70546 Stuttgart. The invoice is due for payment immediately and without deduction. All discounts shall be calculated subsequently in accordance with the discount group list.
- The Mercedes-Benz Classic Store is only for end consumer. As a Mercedes-Benz dealer you have not the possibility to place your order in the Online Shop. Please order the items of the Mercedes-Benz Museum Collection and the Classic Magazine Collection by e-mail or fax. You receive the goods with an invoice of the EVO company.
§ 7 Revocation instructions / Right of Withdrawal
If the customer is a consumer, he has, if the order is not made by letter, a right of withdrawal according to the following conditions:
You may withdraw from the contract within fourteen days, without having to state reasons for this decision. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
In order to exercise your withdrawal rights, you will have to inform us
EVO Eitel & Volland GmbH
70736 Fellbach – Germany
by means of an unambiguous declaration (e.g. a letter sent by post, telefax or email) of your decision to withdraw from this contract. You may use the enclosed revocation-form, but this is not mandatory. In order to meet the deadline, it will be sufficient for you to dispatch the notification informing us that you are exercising your right of withdrawal prior to expiry of the deadline.
Consequences of revocation
If you withdraw from the contract, we have to reimburse you for all payments which we have received from you, including delivery costs (with the exception of additional costs incurred because you chose a delivery method other than the cheapest standard delivery method offered by us), without undue delay and no later than within fourteen days from the day on which we receive your notification informing us of your withdrawal from the contract. For this reimbursement, we shall use the payment method which you used in the original transaction, except if expressly agreed otherwise; we shall never charge fees for such reimbursement. The Seller can hold the repayment as long as hold back until the consumer has proved their dispatch. In case of sending the items we will remit the regular sending costs without the additional costs.
Exclusion of revocation:
The right to revocation does not apply for distant-selling agreements
- for the delivery of audio and video recordings or software inasmuch as the delivered data carriers have been unsealed by the consumer or
- for the delivery of newspapers, magazines and pictorials or
- for goods, which have been produced for the customer specially and individually and
- in other cases in accordance with section §312 g sub-section 2 BGB.
Special information for the purchase of digital content (not supplied on a physical data carrier)
Your withdrawal rights regarding the contractual digital content shall end (§ 356 sub-section 5 BGB) prematurely when we have started to perform the contract, provided that you have given your expressed consent for us to start performance of the contract prior to the end of the withdrawal period, and that you have confirmed knowledge of the fact that you will lose your withdrawal rights upon commencement of performance.
End of the revocation instruction
§ 8 Information about returns, complains and online dispute resolution
- We request you not to send us the returned or complained goods by collect mail, as this is very expensive, but to contact us; we shall have the goods picked up by a parcel service at your premises at no cost for you or we will send you a return label.
- You can also return the goods in a stamped parcel. In case of justified complaints, we will provide a replacement and refund the laid out postal charges.
- If the package is damaged, we request you to complain immediately to the deliverer (parcel service) and to have it acknowledge it. Neglecting to make this complaint does not lead to legal disadvantages for the customer, if he is consumer. It merely helps us in regulating the damage arising through the transport insurance. If the customer is an entrepreneur, there is a complaint within one week.
- The European Commission provides a platform for online dispute resolution (OS). You can find the platform here http://ec.europa.eu/consumers/odr/ and further informations you will find under legal notice.
§ 9 Delivery and transport
- The probable delivery periods are dependent on the product; delivery shall take place as soon as possible within the framework of deliverability of the item by the manufacturer. In case of any delay in delivery, we shall inform you immediately.
- The shipping costs are individually calculated by the shopping basket per order. They are dependent on the country of destination and whether the customer wishes express delivery.
- If not all goods are on stock, EVO GmbH reserves the right to make partial deliveries if this is reasonable for the customer. All goods shall be sent for the customer to the address which he has stated and delivered to the house door.
- The country of the invoice and delivery address shall be identical for taxation reasons.
- In case of delivery to entrepreneurs, the risk shall be transferred to the customer on transfer of the goods to the carrier.
§ 10 Retention of title
- All goods delivered shall remain the property of EVO GmbH until fully paid. Any processing or conversion of the purchased item shall always take place for EVO GmbH. If the purchased item is processed together with other items, EVO GmbH shall acquire co-ownership of the new item in the ratio of the value of the purchased item to other items at the point of time of processing.
§ 11 Warranty
- The statutory warranty provisions shall apply for consumers.
- The warranty claims of the consumer are limited first of all to the right to subsequent improvement and replacement delivery whereby the choice of the consumer can be rejected by EVO GmbH if it is only possible at disproportional cost.
- Defect warranty claims shall become time-barred within 2 years of delivery of the purchased item. If the customer is an entrepreneur, the period is 1 year.
- In the case of warranty claims on the part of the entrepreneur, first of all subsequent improvement or replacement delivery shall take place in accordance with the choice of EVO GmbH. The prerequisite for warranty claims of the entrepreneur is that he has met his examination and complaint responsibilities necessary in accordance with section §377 HGB.
- All incidental costs (e.g. transport, packaging costs) connected with subsequent improvement or replacement delivery shall be borne by the entrepreneur.
- If replacement delivery or subsequent improvement at the second attempt fails, the Customer is entitled to reduce payment or to withdraw from the agreement if the defect is not appreciable. Claims for damages are not affected. Operating errors, damage through incorrect use, connection or set-up or storage or intervention by third parties are not covered by warranty.
- EVO GmbH shall grant no warranty on the items in the range. The guarantee promises of the manufacturer constitute a separate legal relationship of the customer with the manufacturer. That means that claims from the guarantee promises of third parties, in particular the manufacturer, do not constitute any claim against EVO GmbH. All claims from guarantee promises shall be asserted directly against the guarantor, usually the manufacturer.
§ 12 Limitation of liability
- In spite of the greatest possible care in compiling the product range, EVO GmbH accepts no liability for the correctness of the manufacturers information, the product descriptions or price statements or any printing errors, technical modifications or the lasting deliverability of any goods. Technical modifications or modifications in form, colour and/or weight are reserved within the framework of what is reasonable.
- Claims for damages from positive breach of contract, negligence in contract negotiations and tort are excluded against the contractor, his legal representatives and his agents. The exclusion of liability does not apply to damages resulting from injury to life, limb or health, which are based on a negligent breach of duty by the contractor or a wilful or negligent breach of duty by a legal representative or vicarious agent of the contractor. Nor does the exclusion of liability or limitation of liability for other damages, which are based on a grossly negligent breach of duty by the contractor or an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the contractor.
- In the case of the breach of significant contractual duties, liability is limited in cases of simple negligence to the damage which is typically connected with the agreement and is foreseeable. Claims for damages from delay or verified claims to reimbursement of expenses in accordance with section §284 BGB are limited to 10% of the purchase price inasmuch as there is no intent or gross negligence.
§ 13 credit assessment
- EVO GmbH reserves the right in individual cases to check the credit or identity of a customer.
§ 14 Applicable law
- This agreement is exclusively subject to the law of the Federal Republic of Germany. Conclusion of the agreement shall take place in the German language.
- If individual provisions of the agreement with the Customer including these General Terms and Conditions should be or become fully or partly ineffective, the validity of the remaining provisions is not affected.
- The place of jurisdiction Stuttgart is determined for agreements with business persons.