GTC

General Terms and Conditions -AGB
General Terms and Conditions of Evolution Network GmbH, valid from 01.07.2021
Provider: Evolution Network GmbH (hereinafter referred to as Evolution Network)
Address:Waldgasse 20 House 2, 2371 Hinterbrühl, Austria
FN: 555988 f
Commercial register court: Regional Court Wiener Neustadt
Tel: +43 664 121 44 91
e-mail: office@evolutionetwork.global
Competent supervisory authority: Mödling District Administration
Competent chamber: Chamber of Commerce of Lower Austria
Umsatzsteuer-ID-Nummer:ATU76853807

GTC 1-12

Status 01.07.2021

1.1.
The following General Terms and Conditions (GTC) apply to all business relations in accordance with the contract concluded between Evolution Network and the Customer. In each case, the version valid at the time of the conclusion of the contract is authoritative.

These GTC apply exclusively. By placing an order, the customer agrees to these GTC and is bound by them. These GTC shall also apply to future orders of the customer, even if they are not expressly agreed again.
Our General Terms and Conditions shall also apply if we carry out the delivery without reservation in the knowledge of terms and conditions of the customer that conflict with or deviate from our General Terms and Conditions.


1.2.
Customers in the sense of these General Terms and Conditions are consumers. If these General Terms and Conditions refer to consumers, these are natural persons and legal entities for whom the purpose of the order cannot be attributed to a commercial, independent or pre-professional activity, i.e. a transaction is not part of the operation of their business. The demarcation between consumer and business is made in the sense of the Austrian Consumer Protection Act (KSchG).

2.1
Customers who have not yet reached the age of 18 require the consent of their legal representative.
2.2
All offers of Evolution Network are non-binding; in particular, the presentation of the goods in the web store does not constitute a binding offer of Evolution Network; they are only considered as an invitation to make an offer. Illustrations, drawings, are only approximations, unless they have been expressly indicated as a binding fixed value for the respective product. Minor and objectively justified changes are accepted by the Customer.
2.3
The order is made in the following steps:
  • Selection of the desired goods
  • Entering personal data for the order in the webshop (first name, last name, street, house number, zip code, city, country, e-mail address).
  • Display of pre-contractual information for consumers (§ 8 (1) and (2) KSchG), unless it is already visible with the product without this.
  • Choice of shipping method and method of payment (prepayment)
  • Checking the information in the shopping cart
  • Confirmation by clicking the button "order subject to payment".
  • Re-check and, if necessary, correct the respective data entered.
  • Binding dispatch of the order
2.4
By placing an order in the web store, the customer bindingly declares his contractual offer to conclude a purchase contract for the goods contained in the shopping cart. By sending the order, the customer acknowledges the pre-contractual information for consumers and the GTC as solely authoritative for the legal relationship with Evolution Network.

2.5
Evolution Network will immediately confirm receipt of the customer's order. This confirmation serves only as evidence to the customer that the order has been successfully received and does not constitute acceptance of the order. The confirmation of receipt shall only constitute a declaration of acceptance if Evolution Network expressly declares this in writing.
2.6
Evolution Network is entitled to accept the contractual offer contained in the order within three working days of receipt by Evolution Network. This acceptance will be made by sending a written order confirmation. If Evolution Network does not send an order confirmation to the customer within the time limits specified above, the customer's commitment period has expired and the purchase contract has not been concluded. Evolution Network is entitled to refuse the acceptance of the order - for example after checking the creditworthiness of the customer.
2.7
The text of the contract will be stored by Evolution Network and sent to the customer, together with the legally binding GTC, in electronic form, i.e. as an e-mail or as an attachment to the e-mail after the conclusion of the contract.

3.1
You have the right, within fourteen days without giving reasons from this contract resign.
3.2
The withdrawal period is fourteen (14) days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the goods. In the case of a contract for several goods ordered in a single order but delivered separately or ordered in several orders and delivered together, from the day on which you or a third party named by you, who is not the carrier, has taken possession of the last goods.
3.3
In order to exercise your right of withdrawal, you must inform us (Evolution Network, Waldgasse 20/2, A-2371 Hinterbrühl, Austria) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, fax or e-mail). You may use the attached sample withdrawal form for this purpose, which is, however, not mandatory.
3.4
To comply with the withdrawal period, it is sufficient that you send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.
3.5
Consequences of the withdrawal
If you withdraw from this contract,
i) we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We can refuse the repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

ii) you must return or hand over the goods to us immediately and in any case no later than within fourteen days from the day on which you notify us of the withdrawal from this contract, in complete, undamaged original packaging. The deadline is met if you send the goods before the expiry of the period of fourteen days.

You shall bear the costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.

3.6
The Right of withdrawal does not exist

    • in the case of delivery of goods that are manufactured according to customer specifications or are clearly tailored to personal needs.
    • Goods which, due to their nature, cannot be separated from other goods after delivery. mixed were,
    • in the case of damaged goods, if the damage occurred after the goods were accepted.


3.7
Sample declaration of withdrawal
(If you wish to withdraw from the contract, please prepare a letter as follows).


To
Evolution Network Ltd.
Waldgasse 20 / House 2
A-2371 Hinterbrühl
Austria


I/we (*) hereby declare withdrawal from the contract concluded by me/us (*) for the purchase of the following goods (*)/provision of the following service (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only in case of notification on paper)
Date - end of the withdrawal

4.1 Right of withdrawal of Evolution Network Evolution Network is entitled to withdraw from the contract and demand the return of the goods in case of breach of contract by the customer, in particular in case of default of payment. In addition, Evolution Network is entitled to withdraw from the contract and demand the return of the goods in the event of a breach of an obligation under 8.3, if Evolution Network can no longer reasonably be expected to adhere to the contract. This withdrawal is without prejudice to Evolution Network's claim for damages for non-performance. In addition, the customer owes Evolution Network a reasonable fee for the use of the goods. In the event of withdrawal from the contract under 4.1, Evolution Network has the option to claim liquidated damages in the amount of 10% of the invoice amount or the actual damage incurred. 4.2 Unauthorized withdrawal of the customer If the customer withdraws from the contract without being entitled to do so, or requests its cancellation, Evolution Network has the choice to insist on the fulfillment of the contract or to agree to the cancellation of the contract. In the latter case, the customer is obliged to claim, at Evolution Network's option, either liquidated damages in the amount of 10% of the invoice amount or the actual damage incurred. 4.3 Return If the contract is cancelled (by mutual agreement or otherwise) in accordance with clause 4, the customer must return any goods already delivered to Evolution Network immediately, but no later than within 7 days, at its own risk and expense. The return address is: Evolution Network GmbH, Waldgasse 20, Haus 2, A-2371 Hinterbrühl, Austria.


5.1
The prices offered are daily prices and are valid until revoked. The price includes the country-specific sales tax.
Despite our best efforts, few products in the web store or catalog could be shown with an incorrect price. When processing the order, the prices are also checked. If there is an error in pricing and the correct price is higher than the price on the website, the customer will be contacted before the order is confirmed and before the goods are shipped, whether to buy the product at the correct price or cancel it. If the correct price of the goods is lower than the price stated on the website, the correct lower price will be recorded in the order confirmation and only this amount will be charged.

Costs for packaging and shipping will be invoiced separately in the form of a lump sum and shown as a separate item in the order. These shall be deemed to have been approved by the customer with the order in terms of content and amount. The prices valid at the time of the order are always decisive.


5.2
The customer can pay the price by advance payment, bank transfer, credit card or other forms of payment offered in the online store.

Evolution Network reserves the right to exclude individual payment methods after a credit check.


5.3
The customer undertakes to pay the price without deduction within 7 days of receipt of the service at the latest. After the expiry of this period, the customer is in default of payment.

Evolution Network is entitled to charge 5 % default interest p.a. in case of late payment, but in any case the statutory default interest.

The right to claim further damages is reserved. If the customer does not pay the owed amount after setting a reasonable grace period, Evolution Network has the right to withdraw from the contract and/or claim damages instead of performance.


5.4

The customer undertakes to bear all necessary costs of appropriate out-of-court enforcement and collection measures associated with the collection of the claim for which he is responsible, insofar as these are in a reasonable proportion to the claim being enforced.
In case of delay of the Customer, payments received will be applied first to the costs of extrajudicial, including collection and legal dunning activities, and judicial nature incurred by the collection, to the interest accrued to date, and only then to the principal. If the Customer owes more than one debt to Evolution Network, the payments due will be credited in the manner set forth above to those arrears that have remained unpaid the longest.

6.1
Unless otherwise agreed, delivery shall be made to the delivery address specified by the customer in accordance with the terms of delivery.
6.2
If Evolution Network exceeds the stated delivery periods or agreed delivery dates, the Customer may set in writing a reasonable grace period of at least the duration of the originally stated delivery period and, if it is exceeded, withdraw from the contract.
6.3
The occurrence of events for which Evolution Network is not responsible, such as force majeure, strike, lockout, production stoppage at the suppliers or the like, will suspend the expiry of delivery deadlines for the duration of this event. If, as a result of the aforementioned circumstances, delivery becomes impossible or unreasonable for Evolution Network, Evolution Network will be released from its obligation to deliver in the sense of a mutually agreed cancellation of the contract, without the customer being able to derive any claims from this, for whatever legal reason, against Evolution Network. Evolution Network will notify the customer of this immediately.   If the delay in delivery lasts longer than 3 weeks, the customer is entitled to withdraw from the contract. In this case, the customer is not entitled to any claims for damages, except in the case of intent and gross negligence by Evolution Network, or other claims.
7.1
In the case of the customer, the risk of accidental loss and accidental deterioration of the goods shall pass to the customer upon handover, however, in the case of sale by delivery to a place other than the place of performance, only upon handover of the goods to the customer or to a third party designated by the customer and different from the carrier.
7.2
The handover is equal if the customer is in default of acceptance.

8.1
The delivered goods remain the unrestricted property of Evolution Network until full payment (including interest, expenses and costs) has been made. The customer undertakes to keep the object of purchase free from third party rights until full payment, in particular not to resell or pledge the object of purchase or to give it to third parties as security.
8.2
The customer is not permitted to process the goods during the valid reservation of title.
8.3
The customer is obliged to treat the goods with care during the existence of the reservation of title. Insofar as maintenance and inspection work is required, the customer shall carry this out regularly at its own expense.
8.4
The customer shall immediately notify Evolution Network in writing of any seizure by third parties of the goods subject to retention of title, including, without limitation, any levy of execution, and of any damage to or destruction of the goods subject to retention of title. The customer must notify us immediately of any change of ownership of the goods subject to retention of title as well as of any change of address indicated. The customer shall compensate Evolution Network for all damages and costs resulting from a breach of the obligations and from necessary intervention measures against third party access to the goods.
8.5
Evolution Network is entitled to withdraw from the contract and demand the return of the goods in case of breach of contract by the customer, in particular in case of default of payment. In addition, Evolution Network is entitled to withdraw from the contract and demand the return of the goods in the event of a breach of an obligation under 8.3, if Evolution Network can no longer reasonably be expected to adhere to the contract.   This withdrawal is without prejudice to Evolution Network's right to claim damages for non-performance. In addition, the customer owes Evolution Network a reasonable fee for the use of the goods. Rights and obligations arising from the purchase contract may not be transferred by the customer to third parties without the express written consent of Evolution Network as long as the goods have not been paid for in full.
9.1
Evolution Network warrants to the fullest extent permitted by law.
9.2
Evolution Network does not give any warranty in the legal sense to the customers. Manufacturer warranties remain unaffected.
10.1
Claims for damages are limited to damages caused by Evolution Network intentionally or by gross negligence. Claims for damages in case of slight negligence are excluded. The exclusion of liability does not apply to claims under the Product Liability Act. Furthermore, the exclusion of liability does not apply to damages attributable to Evolution Network arising from injury to body or health or loss of life of the customer.
10.2
Evolution Network is only liable for its own content on the website of its online store. Where links provide access to other websites, Evolution Network is not responsible for the third-party content contained therein. Evolution Network does not adopt the external content as its own. If Evolution Network obtains knowledge of illegal content on external websites, Evolution Network will immediately block access to these websites.
11.1
Plans, sketches or other technical documents as well as samples, catalogs, brochures, illustrations and the like always remain the intellectual property of Evolution Network; the customer does not receive any rights of use or exploitation whatsoever.
11.2
The customer is obligated to notify Evolution Network of any changes to its residential address as long as the legal transaction that is the subject of the contract has not been completely fulfilled by both parties. If the notification is omitted, declarations are deemed to have been received even if they are sent to the last address notified.

If Austrian law is not already applicable due to the orientation of this web store to Austria, the applicability of Austrian law is exclusively agreed, excluding the UN Convention on Contracts for the International Sale of Goods.

In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.

13.1
The Contract language is German.
13.2
If the customer violates these Terms of Sale and Evolution Network does nothing about it, this does not mean that Evolution Network waives its rights. Evolution Network remains entitled to exercise its rights in the event of any other/new breach of the Terms of Sale by the customer.
13.3
Should individual provisions of the contract with the customer, including these General Terms and Conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions.
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