Terms and Conditions

Preamble

The German version of the terms and conditions constitutes the original version. The versions of the terms and conditions translated into other languages are for informational purposes only. They do not replace the original version in German.

The terms and conditions (T&Cs) are concluded between the person making a purchase on the online sales site one-k-wheels.com and the company Evolime GmbH.

The person making the purchase must be of legal age. The buyer acknowledges having read and accepted these terms and conditions. The confirmation of the order by the customer implies the acceptance of these terms and conditions without any restrictions.


TERMS AND CONDITIONS (T&C) and Revocation Instruction

of Evolime GmbH
Gewerbestr. 4d
67251 Freinsheim
Tel.: 06353/ 917 4000
Email: info@one-k-wheels.de

1. Object of the Contract and Scope of Application of these (T&C) and Revocation Instruction

1.1 For the business relationship between you (hereinafter referred to as "Buyer") and Evolime GmbH (hereinafter referred to as "Seller"), only the T&C in their valid version at the time of conclusion of the contract shall apply. The Seller does not accept any deviating conditions unless the Seller expressly agrees to their validity in writing.

1.2 The product offering in the Seller's online shop is exclusively directed at consumers within the meaning of § 13 BGB. According to this, a consumer is any natural person who concludes a legal transaction for purposes that cannot be attributed predominantly to their commercial or self-employed activity.

1.3 By placing the order, the Buyer confirms that the Buyer is entering into the contract with the Seller as a consumer.

2. Customer Account

2.1 In order to use the online shop, the customer can open a customer account. Correct and complete information must be provided during registration. Data of third parties may not be used without their consent.

2.2 The Buyer is obliged to treat access data such as password confidentially and to inform the Seller immediately in case of loss or unauthorized use of the access data.

3. Conclusion of Contract

3.1 By placing the order, the Buyer submits a legally binding offer for conclusion of the contract to the Seller. The purchase contract is concluded when the Seller accepts the offer by dispatching the goods or sending an email with an acceptance declaration to the Buyer. The automatically generated confirmation email upon receipt of the order does not constitute an acceptance declaration by the Seller. This email solely confirms that the Seller has received the Buyer's offer.

3.2 The contract text is stored by the Seller. The Buyer has no way of directly accessing the stored contract text. The Buyer can obtain the specific order data from the order confirmation sent by email by the Seller.

4. Payment Terms

4.1 The prices stated in the Seller's online shop are final prices including the respective applicable value-added tax.

4.2 The purchase price becomes due upon conclusion of the contract, unless otherwise agreed.

4.3 In case of payment by invoice, this invoice includes the due date.

5. Delivery Terms

5.1 If additional delivery and/or shipping costs arise in addition to the purchase price, these are listed in the item description in the online shop.

5.2 Unless otherwise agreed, delivery is made to the delivery address specified by the Buyer. Information about the delivery time is always non-binding unless the delivery date has been explicitly guaranteed by the Seller.

5.3 Place of performance is the Seller's registered office.

5.4 In individual cases, the Seller may offer to send a product that is initially unavailable later when it becomes available (backorder). In this case, the Buyer does not pay any additional shipping costs or cash-on-delivery fees for the backorder.

6. Retention of Title

The goods remain the property of the Seller until full payment has been made.

7. Right of Revocation

For consumers within the meaning of § 13 BGB (see Clause 1.2 of these T&C), the following revocation instruction applies.

Revocation Instruction

Right of Revocation You have the right to revoke this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, took possession of the goods; in the case of a contract for several goods that you have ordered as part of a single order and that are delivered separately, the revocation period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, took possession of the last goods; in the case of a contract for the delivery of goods in multiple partial shipments or pieces, the revocation period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, took possession of the last partial shipment or piece. To exercise your right of revocation, you must inform us (Evolime GmbH, Gewerbestr. 4d, 67251 Freinsheim, Email: info@one-k-wheels.com) of your decision to revoke this contract by means of a clear statement (e.g., a letter sent by post or email) of your decision to revoke this contract. To meet the revocation deadline, it is sufficient for you to send your communication concerning your exercise of the right of revocation before the revocation period has expired. Consequences of Revocation If you revoke this contract, we shall reimburse you all payments received from you, including delivery costs (with the exception of the additional costs resulting from your choice of a type of delivery other than the least expensive type of 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 revocation of this contract. For this refund, 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 fees for this refund. We may refuse the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier. You must return or hand over the goods to us immediately and in any event no later than fourteen days from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the fourteen-day period. You shall bear the direct costs of returning the goods in the event of revocation of your declaration of intent to enter into a contract. This shall also apply if the goods cannot be returned by regular mail due to their nature.

8. Liability

8.1 The Seller's liability for damages, regardless of the legal basis, in particular for impossibility, delay, defective or incorrect delivery, breach of contract, breach of obligations in contract negotiations, and tort, is limited to the extent that it is based on fault, in accordance with this Clause 8.

8.2 The Seller shall not be liable in the event of simple negligence by its bodies, legal representatives, employees, or other agents, unless it concerns a breach of essential contractual obligations. Essential contractual obligations are the obligations to (i) adhere to delivery deadlines, but only to the extent that they have been expressly guaranteed

9. Liability

 9.1 The liability of the seller for damages, regardless of the legal basis, especially for impossibility, delay, defective or incorrect delivery, breach of contract, breach of obligations in contract negotiations, and unlawful acts, is restricted to the extent that fault is involved, in accordance with this Clause 9.
 9.2 The seller is not liable in case of simple negligence on the part of its organs, legal representatives, employees, or other agents, unless it concerns a breach of essential contractual obligations. Contractually essential obligations include the obligations to (i) adhere to delivery deadlines, but only to the extent expressly guaranteed by the seller, (ii) deliver the delivery item free from substantial defects, and (iii) protection and care duties that are indispensable to enable the customer to use the delivery item in accordance with the contract, or to protect the life or limb of the customer's personnel or to protect against significant damage to their property.
 9.3 To the extent that the seller is liable for damages in accordance with Clause 9.2, this liability is limited to damages that the seller foresaw as a possible consequence of a breach of contract at the time of contract conclusion, or that it should have foreseen when exercising customary care. Indirect damages and consequential damages resulting from defects in the delivery item are also only compensable to the extent that such damages are typically expected when using the delivery item as intended. Damages arising from contractual penalty clauses or standardized compensation clauses of any kind to which the customer has subjected itself to third parties are only considered foreseeable or typically expected for the seller if they were disclosed to him in writing and with specific mention of the triggering conditions as well as the amount and method of calculation prior to the conclusion of the purchase contract.
 9.4 The limitations of liability in the preceding Clauses 9.1 to 9.3 do not apply to the seller's liability for injury to life, body, or health or under the Product Liability Act.

10. Warranty

 The warranty for defective products is based on the statutory provisions, §§ 433 et seq . BGB.

11. Applicable Law and Final Provisions

 11.1 The law of the Federal Republic of Germany shall apply to all contracts concluded with the seller. The Vienna Convention on Contracts for the International Sale of Goods is excluded. If the buyer does not have its ordinary residence in Germany but in another EU Member State and the national provisions there establish further consumer protection rights than German law, the national provisions of the buyer's ordinary residence shall apply (Article 6(2) Rome I Regulation).
 11.2 Should individual provisions of these terms and conditions be or become invalid, this shall not affect the validity of the remaining provisions.
As of April 2022