Terms of Service
This website is operated by Evolve Distribution GmbH. Throughout the site, the terms “we”,“us” and “our” refer to Evolve Distribution GmbH (Evolve Skateboards Team Germany). Evolve Skateboards offers thiswebsite, including all information, tools and services available from this siteto you, the user, conditioned upon your acceptance of all terms, conditions,policies and notices stated here.By visiting our site and/ or purchasing something from us, you engage in our“Service” and agree to be bound by the following terms and conditions (“Termsof Service”, “Terms”), including those additional terms and conditions andpolicies referenced herein and/or available by hyperlink.These Terms of Service apply to all users of the site, including without limitation users whoare browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using ourwebsite. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions ofthis agreement, then you may not access the website or use any services. Ifthese Terms of Service are considered an offer, acceptance is expressly limitedto these Terms of Service.Any new features or tools which are added to the current store shall also besubject to the Terms of Service. You can review the most current version of theTerms of Service at any time on this page. We reserve the right to update,change or replace any part of these Terms of Service by posting updates and/orchanges to our website. It is your responsibility to check this pageperiodically for changes. Your continued use of or access to the websitefollowing the posting of any changes constitutes acceptance of those changes.Our store is hosted on Shopify Inc. They provide us with the online e-commerceplatform that allows us to sell our products and services to you.
1. Area of validity
These General Terms and Conditions apply to all contracts concluded between Evolve Distribution GmbH, Hoffeldstrasse 104, 40235 Düsseldorf and consumers within themeaning of § 13 BGB (hereinafter referred to as "Customer") via theonline store www.evolveskateboards.de for the purchase and delivery ofskateboards with electric motors and accessories (hereinafter referred to as"Goods").
2. Conclusion of contract
2.1 Offersmade by Evolve Distribution GmbH are non-binding. When registering for theonline store, but at the latest when ordering goods via the aforementionedinternet store, the customer declares his agreement with the validity of theseGeneral Terms and Conditions and submits a binding offer for the purchase ofthe goods. Evolve Distribution GmbH shall confirm receipt of the customer'sorder without delay (Section 312 e (1) No. 3 BGB). This automatically generatedconfirmation of receipt does not constitute acceptance of the offer. Thecontract with Evolve Distribution GmbH shall only come into effect when EvolveDistribution GmbH confirms the order by e-mail or delivers the goods(acceptance)
2.2 EvolveDistribution GmbH reserves the right to make minor changes to the goods withinreasonable limits; in the event of such a replacement delivery, the customershall be informed immediately by Evolve Distribution GmbH and may then decidewhether he agrees to the replacement delivery proposed by Evolve DistributionGmbH.
2.3 EvolveDistribution GmbH may withdraw from the contract if the goods are not availablefor reasons for which Evolve Distribution GmbH is not responsible; in the eventthat the goods are not available, Evolve Distribution GmbH shall inform thecustomer immediately and reimburse any payment already made by the customer inthis respect.
2.4 Weshall save the text of the contract and send you the order data by e-mail. Youcan also view the GTC here at any time. You can view your past orders in ourcustomer login area.
Notificationinformation in accordance with the requirements of Section 31 (2) p. 1 No. 4 OFBDSG. We would like to point out that, in accordance with Art.6 f DS-GVOoutstanding receivables to SCHUFA Holding AG, Kormoranweg 5, 65201 Wiesbadenand take these into account when determining the probability values (scoring)as far as you have been able to claim have been requested at least twice inwriting, the first reminder at least four weeks ago and you did not dispute theclaim. For more information about SCHUFA, please use the SCHUFA information sheet and under http://www.schufa.de/datenschutz
3.Deliveryand quality of the goods
3.1 Thesole object of the contract shall be the sale and, where applicable, thedelivery of the goods listed in the order confirmation and thus in the purchasecontract, with the properties and performance characteristics specifiedtherein.
3.2 Thequality of the goods shall be exclusively as specified in the product andservice descriptions issued by Evolve Distribution GmbH.
3.3 Thegoods shall always be delivered as specified in the article. The goods may alsobe collected by the customer from one of Evolve Distribution GmbH's branches onpresentation of the order confirmation.
3.4 Delivery periods and dates shall only be binding on Evolve Distribution GmbH ifthey have been confirmed in writing by Evolve Distribution GmbH.
3.5 Thedelivery area shall generally be the Federal Republic of Germany, Austria,Switzerland, the Netherlands, Italy, Sweden, Denmark, Finland, Norway, Poland,the Czech Republic, Estonia, Latvia, Lithuania and other countries on request. Deliveriesto non-EU countries are subject to additional customs duties, taxes and fees.
3.6 EvolveDistribution GmbH shall be entitled to make reasonable partial deliveries ofthe goods to the customer. Partial deliveries shall be permitted in particularif the customer orders goods from different manufacturers and suppliers; as arule, the customer shall be notified of partial deliveries with the orderconfirmation.
3.7 Eventsof force majeure shall entitle Evolve Distribution GmbH to postpone delivery ofthe goods for the duration of the hindrance and a reasonable start-up period.If the customer cannot reasonably be expected to accept the goods as a resultof the delay, he may withdraw from the contract by means of a writtendeclaration. A right of withdrawal to which the customer is entitled inaccordance with this provision only relates to the part of the contract thathas not yet been fulfilled. If it can be proven that the partial performancerendered is of no interest to the customer, the customer shall be entitled towithdraw from the entire contract.
4.1 Substantial defects in the goods shall be remedied by Evolve Distribution GmbHwithin a reasonable period of time (subsequent performance). This shall be doneat Evolve Distribution GmbH's discretion by eliminating the defect(rectification of defects) or by delivering a defect-free item. Only in theevent of a significant defect shall the customer be entitled to withdraw fromthe contract (withdrawal) or to reduce the remuneration (reduction) with regardto the defective item. Subsequent performance shall not take place if it failsdue to the defect in question, is unreasonable for the customer, is rejected byEvolve Distribution GmbH or if this is justified for other reasons afterweighing up the mutual interests of the customer and Evolve Distribution GmbH.
4.2 Thecustomer's right to cancel the contract in accordance with the followingcancellation policy shall remain unaffected
5.1 Thecustomer shall be obliged to pay the remuneration listed again in the orderform and in the order confirmation. The remuneration includes the statutoryvalue added tax and the delivery costs depending on the weight.
6.1 EvolveDistribution GmbH shall be liable in accordance with the statutory provisionsfor damage caused by fraudulent conduct on the part of Evolve Distribution GmbHand for damage caused by intent or gross negligence on the part of EvolveDistribution GmbH's legal representatives or senior executives.
6.2 EvolveDistribution GmbH's liability for damages shall be limited to the amount of theforeseeable damage typical of the contract for damage resulting from a slightlynegligent breach of material contractual or cardinal obligations (1stalternative) and for damage caused by gross negligence or willful misconduct byordinary vicarious agents of Evolve Distribution GmbH without breach ofmaterial contractual or cardinal obligations (2nd alternative).
6.3 EvolveDistribution GmbH shall not be liable for loss of profit, indirect damage,consequential damage and any third-party claims.
6.4 Anyfurther liability on the part of Evolve Distribution GmbH shall be excluded.
7. Data protectin
7.1 EvolveDistribution GmbH shall be responsible for the use and processing of thepersonal data which the customer provides to Evolve Distribution GmbH. Thecustomer's data shall be used to check, accept and process purchase anddelivery contracts and to manage the resulting customer relationship, tocollect outstanding payments, to combat fraud and to comply with statutoryregulations. If the customer gives their consent when registering and settingup a personal account, the personal data will also be used for the marketingmeasures described in the context of this consent.
7.2. Data transmission to SCHUFA
Evolve Distribution GmbHtransfers personal data collected within the scope of the instant contractrelated to the application for, performance or termination of this businessrelationship as well as data regarding conduct that violates a contract and/oris fraudulent, to SCHUFA Holding AG, Kormoranweg 5, 65201 Wiesbaden. The legalbases for such transmission comprise Art. 6 (1) (b) and Art. 6 (1) (f) GeneralData Protection Regulation (GDPR). Data may only be transmitted on the basis ofArt. 6 (1) (f) GDPR to the extent necessary for the purposes safeguarding thelegitimate interests pursued of the Evolve Distribution GmbH or third partiesand such interests are not overridden by the interests or fundamental rightsand freedoms of the data subject which require protection of personal data. Theexchange of data with SCHUFA likewise facilitates the satisfaction of statutoryobligations to perform an evaluation of the creditworthiness of customers (§505a and 506 of the German Civil Code). SCHUFA processes data it receives andalso uses such data for purposes of profile creation (Scoring) in order toprovide its contractual partners domiciled in the European Economic Area andSwitzerland as well third countries as applicable (to the extent an adequacydecision from the European Commission is available for such countries)information to be used to evaluate the creditworthiness of natural personsamongst other things. Additional information regarding SCHUFA’s business may befound in the SCHUFA Information Sheet or online atwww.schufa.de/datenschutz.
7.3 Thecustomer can request access to their personal data and object to its use bysending an email to firstname.lastname@example.org. The complete version of the dataprotection provisions is available online.
8. Final provisions
8.1 The lawof the Federal Republic of Germany shall apply. The provisions of the UNConvention on Contracts for the International Sale of Goods shall not apply.
8.2 In theevent of the invalidity or partial invalidity of one of the provisions of theseGeneral Terms and Conditions, the validity of the remaining provisions shallremain unaffected. An ineffective or partially ineffective provision shall bereplaced by a provision that comes closest to the original provision from aneconomic point of view.
9. Retention of title
The delivered goods remain the property of the seller until the purchase price has been paid in full. If the buyer is in default of payment, the seller is entitled to withdraw from the contract and to repossess the goods. If theseller makes advance payment, he shall retain title to the delivered goodsuntil the purchase price owed has been paid in full.
10. Revocation instruction
10.1 Right of withdrawal
You canrevoke your contractual declaration within 14 days without giving reasons intext form (e.g. letter, fax, e-mail) or - if the goods are delivered to youbefore the deadline - by returning the goods. The period begins after receiptof this instruction in text form, but not before receipt of the goods by therecipient (in the case of recurring deliveries of similar goods not beforereceipt of the first partial delivery) and also not before fulfillment of ourinformation obligations under Article 246 § 2 in conjunction with § 1 para. 1and 2 EGBGB and our obligations under § 312e para. 1 sentence 1 BGB inconjunction with Article 246 § 3 EGBGB. Timely dispatch of the revocation orthe goods shall suffice to comply with the revocation period. The revocation is to be sent to:
Evolve Distribution GmbH
10.2 Return of goods
Only products that are in perfect condition and in their original packaging can bereturned. Products that have already been used/tested and/or show signs ofdamage, wear or soiling and are not in their original packaging cannot bereturned.
10.3 Consequense of revocation
In theevent of an effective revocation, the services received by both parties must bereturned and any benefits derived (e.g. interest) surrendered. If you areunable to return the goods or services received in full or in part or only in adeteriorated condition, you must compensate us for the loss in value. This doesnot apply to the surrender of goods if the deterioration of the goods isexclusively due to their inspection - as would have been possible for you in astore, for example. In all other respects, you may waive the obligation to paycompensation for theInaddition, you can avoid the obligation to pay compensation for deteriorationcaused by the intended use of the item by not using the item as if it were yourproperty and refraining from doing anything that could impair its value. Itemsthat can be sent by parcel post must be returned. You must bear the costs ofthe return shipment.