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Terms of service
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter "Terms") of the company OJJ EAL ECOM ANGELS LTD (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 A consumer within the meaning of these Terms is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activity. An entrepreneur within the meaning of these Terms is a natural or legal person or a partnership with legal capacity who acts in the exercise of their commercial or self-employed professional activity when concluding a legal transaction.
1.3 The subject of the contract may be - depending on the Seller's product description - both the purchase of goods by way of one-time delivery as well as the purchase of goods by way of permanent delivery (hereinafter "Subscription Contract"). In the case of a subscription contract, the Seller undertakes to deliver the contractually owed goods to the Customer for the duration of the agreed contract term at the contractually owed time intervals.
Incorrect Address Information by the Buyer: If an incorrect address is provided by the Customer during an order, we are not obligated to refund the invoice amount until the shipment has been independently returned to us. However, we offer redirection to the correct address; please contact us via email for this service.
2) Contract Formation
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 may submit an offer via the online order form integrated into the Seller's online shop. In doing so, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding contract offer regarding the goods contained in the shopping cart by clicking the button that concludes the ordering process.
2.3 The Seller may 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 email), whereby the receipt of the order confirmation by the Customer is decisive, or
- delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
- requesting payment from the Customer after they have submitted their order.
If several of the aforementioned alternatives are present, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins to run 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 shall be deemed a rejection of the offer with the result that the Customer is no longer bound by their declaration of intent.
2.4 When selecting the payment method "PayPal Express", payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), under the terms of PayPal's terms of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the Customer does not have a PayPal account - under the terms for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer selects "PayPal Express" as the payment method during the online ordering process, they also issue a payment order to PayPal by clicking the button that concludes the ordering process. In this case, the Seller hereby declares acceptance of the Customer's offer at the time when the Customer triggers the payment process by clicking the button that concludes the ordering process.
2.5 When selecting the payment method "Amazon Payments", payment processing is carried out via the payment service provider Amazon Payments Europe s.c.a., 5 Rue Plaetis, L-2338 Luxembourg (hereinafter: "Amazon"), under the terms of the Amazon Payments Europe User Agreement, which can be viewed at https://payments.amazon.de/help/201751590. If the Customer selects "Amazon Payments" as the payment method during the online ordering process, they also issue a payment order to Amazon by clicking the button that concludes the ordering process. In this case, the Seller hereby declares acceptance of the Customer's offer at the time when the Customer triggers the payment process by clicking the button that concludes the ordering process.
2.6 When submitting an offer via the Seller's online order form, the contract text is stored by the Seller and sent to the Customer in text form (e.g., email, fax or letter) after sending their order together with these Terms. However, the Customer cannot access the contract text via the Seller's website after sending their order.
2.7 Before binding submission of the 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 zoom function, which enlarges the display on the screen. The Customer can correct their input during the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.
2.8 Only the English language is available for contract formation.
2.9 Order processing and contact usually take place via email and automated order processing. The Customer must ensure that the email address provided for order processing is correct so that emails sent by the Seller can be received at this address. In particular, when using spam filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller for order processing can be delivered.
3) Right of Withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 More detailed information about the right of withdrawal can be found in the Seller's withdrawal instructions.
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 VAT. Any additional delivery and shipping costs are specified separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases that are not the responsibility of the Seller and 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 be incurred in relation to money transfers even 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 When paying by a payment method offered by PayPal, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), under the terms of PayPal's terms of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the Customer does not have a PayPal account - under the terms for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
4.5 When selecting the payment method "SOFORT", payment processing is carried out via 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" with PIN/TAN procedure, authenticate themselves accordingly during the payment process, and confirm the payment instruction to "SOFORT". The payment transaction is then carried out immediately by "SOFORT" and the Customer's bank account is debited. The Customer can obtain more detailed information about the "SOFORT" payment method on the Internet at https://www.klarna.com/sofort/.
4.6 When selecting the payment method credit card, the invoice amount is due immediately upon conclusion of the contract. The processing of credit card payment is carried out in cooperation with secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.ag) to which the provider assigns its payment claim. secupay AG collects the invoice amount from the Customer's specified credit card account. In the case of assignment, payment can only be made to secupay AG with debt-discharging effect. The credit card is charged immediately after sending the customer order in the online shop. The provider remains responsible for general customer inquiries, e.g., regarding goods, delivery time, shipping, returns, complaints, withdrawal declarations and submissions or credits, even when selecting the credit card payment method via secupay AG.
5) Delivery and Shipping Conditions
5.1 The delivery of goods is made by shipping to the delivery address specified by the Customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller's order processing is decisive. Deviating from this, when selecting the PayPal payment method, the delivery address stored by the Customer at PayPal at the time of payment is decisive.
5.2 If the transport company returns the shipped goods to the Seller because delivery to the Customer was not possible, the Customer bears the costs for the unsuccessful shipment. This does not apply if the Customer is not responsible for the circumstance that led to the impossibility of delivery or if they were temporarily prevented from accepting the offered service, unless the Seller had announced the service to them a reasonable time in advance. Furthermore, this does not apply to the costs for the outward shipment if the Customer effectively exercises their right of withdrawal. For return shipping costs, the regulation made in the Seller's withdrawal instructions applies when the Customer effectively exercises their right of withdrawal.
5.3 Self-collection is not possible for logistical reasons.
5.4 What happens in case of refusal to accept delivery? In case of refusal to accept the package after it has already been shipped, we reserve the right to retain 30% of the purchase price due to logistics costs. 70% will be directly refunded to the Customer.
6) Contract Duration and Contract Termination for Subscription Contracts
6.1 Subscription contracts are concluded for an indefinite period and can be terminated by the Customer at the end of each month.
6.2 The right to extraordinary termination for good cause remains unaffected. Good cause exists if the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period, taking into account all circumstances of the individual case and weighing the interests of both parties.
6.3 Terminations must be made in writing or in text form (e.g., by email).
7) Retention of Title
If the Seller provides advance performance, they reserve ownership of the delivered goods until full payment of the owed purchase price.
8) Liability for Defects (Warranty)
8.1 If the purchased item is defective, the provisions of statutory liability for defects apply.
8.2 Deviating from this, the following applies to used goods: Claims for defects are excluded if the defect only occurs after the expiry of one year from delivery of the goods. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period. However, the reduction of the liability period to one year does not apply:
- to things that have been used for a building in accordance with their usual use and have caused its defectiveness,
- to claims for damages and reimbursement of expenses by the Customer, as well as
- in the event that the Seller has fraudulently concealed the defect.
8.3 The Customer is asked to complain about delivered goods with obvious transport damage to the delivery person and to inform the Seller thereof. If the Customer does not comply with this, it has no effect on their statutory or contractual claims for defects.
9) Redemption of Promotional Vouchers
9.1 Vouchers that are issued free of charge by the Seller as part of promotional campaigns with a specific validity period and that cannot be purchased by the Customer (hereinafter "Promotional Vouchers") can only be redeemed in the Seller's online shop and only during the specified period.
9.2 Promotional vouchers can only be redeemed by consumers.
9.3 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotional voucher.
9.4 Promotional vouchers can only be redeemed before completion of the ordering process. Subsequent offsetting is not possible.
9.5 Only one promotional voucher can be redeemed per order.
9.6 The value of goods must at least correspond to the amount of the promotional voucher. Any remaining credit will not be refunded by the Seller.
9.7 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 selected to settle the difference.
9.8 The credit of a promotional voucher is neither paid out in cash nor bears interest.
9.9 The promotional voucher will not be refunded if the Customer returns the goods paid for in whole or in part with the promotional voucher within the framework of their statutory right of withdrawal.
9.10 The promotional voucher is only intended for use by the person named on it. Transfer of the promotional voucher to third parties is excluded. The Seller is entitled, but not obligated, to verify the material entitlement of the respective voucher holder.
10) Applicable Law
The law of the Federal Republic of Germany applies to all legal relationships between the parties, 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.
11) Alternative Dispute Resolution
11.1 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 in which a consumer is involved.
11.2 The Seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
12) Refund Policies
Please note that once an order has been placed, it cannot be processed or canceled before delivery.
All orders are processed immediately to ensure timely delivery.
What must the Customer do for a refund?
To return your item, please inform us of your decision by email to info@shopevotech.com. All additional information regarding the return will then be sent to you by email. After that, the items must be returned to our International Return Center at your own expense.
Who bears the costs?
The costs of return shipping are borne by the buyer.
When can the Customer expect a refund?
A refund takes place within 14 days after arrival of the return in the form of a refund to the originally selected payment method.
Consequences of Withdrawal
If you withdraw from this contract, we must refund to you all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days in the form of a refund on the day on which we received notification of your withdrawal from this contract. We may refuse the refund until we have received the goods back. The deadline is met if you send the goods before the expiry of the fourteen-day period. You bear the direct 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 that is not necessary for testing the nature, characteristics and functioning of the goods.
We only accept returns in perfect and unused condition.