General terms and conditions
1. General, scope of the GTCs
The following General Terms and Conditions (GTC) apply to all orders placed via our online shop www.eve-olive.com.
Our online shop is aimed exclusively at consumers. A consumer is any natural person who enters into a legal transaction for purposes which can predominantly be attributed neither to his commercial nor to his independent professional activity (§ 13 BGB). An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or self-employed professional activity (§ 14 BGB).
The version valid at the time of the conclusion of the contract shall be authoritative in each case. The contract language is German. You can print out or save these General Terms and Conditions. To do so, you can download this document as a PDF and save it on your computer.
We will save the text of the contract and send you the order data and our General Terms and Conditions in text form by e-mail.
2. Contracting party, conclusion of contract
The purchase contract is concluded with Eve & Olive GmbH.
The presentation of the products in our online shop does not constitute a legally binding offer, but a non-binding online catalogue. You can place our products in the shopping basket without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained for this purpose in the order process. By clicking on the order button, you place a binding order for the goods contained in the shopping basket. After placing your order, you will receive an e-mail from us confirming receipt of your order.
Please note that this does not mean that your order has been accepted. Your order constitutes an offer to purchase the items you have selected on the basis of these terms and conditions. All orders are subject to our acceptance and we will confirm such acceptance by sending you an email stating that the items have been dispatched ("Dispatch Confirmation"). The contract between you and us will not be formed until we have sent you the Dispatch Confirmation ("Contract").
The Contract only applies to those items that we have confirmed for dispatch in the Dispatch Confirmation. We are not obliged to supply any other items that may have been part of your order until dispatch of such items has been confirmed in a separate Dispatch Confirmation.
3. Prices and shipping costs
The prices quoted are final prices including the statutory value added tax. The amount shown at the time of the binding order shall apply.
Shipping costs, which depend on the place of delivery and the weight of the product(s) ordered by you, are added. You can find out about the details under shipping costs. In the case of partial deliveries, the shipping costs only apply to the first partial delivery. If partial deliveries are made at your request, we will charge shipping costs for each partial delivery. If the order value is 99 EURO or more, no shipping costs will be charged.
We shall bear the regular costs of the return shipment incurred in the event that you return the goods by exercising your right of cancellation. If you exercise your right of withdrawal, we will also refund the shipping costs.
We generally ship within Germany as well as to countries of the European Union, to the delivery address specified by you. We deliver with DHL or another provider of our choice. The delivery of the order takes place exclusively via the shipping method.
Unless otherwise stated in the respective offer, the goods will be delivered within 2 - 4 days in Germany (Germany) and within 3 - 5 days after conclusion of the contract in the case of deliveries abroad. The delivery times apply insofar as we have the product ordered by you in stock. Public holidays affect the delivery time of your order and lead to a postponement of the delivery.
If you have ordered items with different delivery times, we will send the goods in one shipment, unless we have made different arrangements with you. In this case, the delivery time is determined by the item with the longest delivery time that you ordered.
The delivery time shall be extended appropriately if the delivery is affected by force majeure (subsequent difficulties in procuring materials, riots, strikes, natural disasters, changes in legal regulations or the occurrence of other unforeseeable events). Should one of the above cases occur, we will inform you immediately. In the event of a delay in delivery of more than four weeks, you have the right to withdraw from the contract. In this case, we are also entitled to withdraw from the contract. In this case, we will immediately refund any payments already made by you.
Payment of the purchase price is due immediately upon conclusion of the contract. In our online shop, the following payment methods are generally available to you:
If you pay in advance, you must transfer the invoice amount to our account within 7 days of completing the order. When paying in advance, the stated delivery times apply from the time the money is received in our account. If the amount is not received on our account within 7 days, we can withdraw from the contract.
You will be redirected to the website of the online provider PayPal during the order process. In order to be able to pay the invoice amount via PayPal, you must register with PayPal or be registered there, then legitimise yourself with your access data and confirm the payment instruction to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. The payment transaction will be carried out automatically by PayPal immediately afterwards. You will receive further instructions during the order process.
Google Pay/Apple Pay:
When paying via Google or Apple Pay, you can initiate the payment transaction via your smartphone or wearable.
When you place your order, you also provide us with your credit card details. After your legitimation as a legitimate cardholder, we will request your credit card company to initiate the payment transaction immediately after the order. The payment transaction will be carried out automatically by the credit card company and your card will be charged immediately after completion of the payment process. All entries and checks relating to your payment are made and stored by the payment processor.
Sofort and purchase on account by Klarna:
All payments are to be made to Eve & Olive GmbH without deduction.
We reserve the right to refuse a payment method chosen by you and to make delivery dependent on another payment method. If you reject a payment by the payment method chosen by us, we are entitled to withdraw from the contract.
6. Retention of title
The goods remain our property until full payment has been made.
7. Transport damages
If products are delivered with obvious transport damage, we ask you to complain about such defects to the delivery person as soon as possible and to contact us immediately.
Failure to make a complaint or contact us will of course have no consequences for your legal claims and their enforcement, in particular your warranty rights. You will help us to assert our own claims against the carrier or the transport insurance.
8. Warranty and guarantees
We give a warranty on everything we make. If you are not satisfied with any of our products at the time of receipt, or if any of our products do not meet your requirements, please return them to us for replacement or refund. As a consumer, any goods from our online shop are warranted in accordance with the law.
If you have any questions, complaints or claims, please email our customer service team at firstname.lastname@example.org. You can also reach us Monday - Friday between 10:00 and 18:00 by calling 0176 17879236.
9. Legal right of withdrawal
As a consumer, you have a statutory right of withdrawal. You can find information about this here. The statutory right of withdrawal applies for 14 days from the date of delivery.
10. Assertion in the case of a gift
If you would like to return a product to us as the second owner within our 14-day return period from the date of purchase, you must provide us with the complete details of the first owner or purchaser (name, address, e-mail address and order number). You will then be refunded via the original payment method. If a return is made to us without providing the details of the original owner or buyer, it will not be possible to process the return.
11. Undeliverable delivery
If your order cannot be delivered after several attempts for reasons beyond our control, it will be returned to us. In this case we will assume that you wish to cancel your contract. This will then automatically be converted into a returnable debt relationship. We will then immediately, but no later than 14 days after withdrawal, refund all payments received from you, excluding shipping costs. Excluded from the refund are additional costs that result from the fact that you have chosen a shipping method other than the standard shipping method offered by us.
12. Discounts, discount codes
Each discount code can only be used once per purchase and per customer. You can only use one discount code per order. The combination of different discount codes, as well as bundles and discount codes is not possible.
Cash payment of discount codes is not possible, nor is any other offsetting or refund of the monetary value of a discount code. Discount codes issued to the customer are excluded from resale and assignment is not permitted. Discount codes are valid exclusively for our online shop.
The period of validity of the discount codes is limited. The discount codes lose their validity after the date stated on the discount code. An extension is excluded.
Minimum order value:
We always state a minimum order value in the detailed information of the respective discount code. If the minimum order value is subsequently undercut by the return of the relevant item, we reserve the right to charge the difference between the order with discount code and the order without discount code.
Return of items:
If you exercise your right of cancellation or if the goods are returned for any other reason, we will only refund the discounted purchase price. There is no entitlement to a refund of the discount code or to a new discount code.
Offsetting for multiple items:
If an order to which a discount code is applied consists of more than one item (shopping basket discount), we reserve the right to allocate the discounted amount to one item or, if applicable, pro rata to more than one item.
Non-fulfilment of an order or delivery:
In the event of non-fulfilment of the order or individual items to which the discount code applied, there shall be no entitlement to a refund of the value of the discount code or entitlement to a new discount code.
If you are a consumer, we are liable for damages according to the statutory provisions.
In the event of slight negligence, we shall only be liable in the event of a breach of material contractual obligations and limited to the foreseeable damage. This limitation does not apply in case of injury to life, body, health and in case of intentional or grossly negligent breach of duty. We shall not be liable for any other damage caused by slight negligence due to a defect in the object of purchase.
Irrespective of our fault, our liability remains unaffected in the event of fraudulent concealment of the defect or from the assumption of a guarantee.
The personal liability of the legal representatives, vicarious agents and employees of Eve & Olive GmbH for damage caused by them through slight negligence is excluded.
All information on products and instructions for use must be observed. We cannot accept any liability for deviating application or handling.
German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
14. Dispute resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here: https://ec.europa.eu/consumers/odr/.
We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board. Rather, we always endeavour to resolve any conflicts with our customers ourselves. Please contact our customer service for this.
15. Final provisions
Should individual provisions of this contract be or become invalid or void in whole or in part, this shall not affect the validity of the remainder of the contract insofar as a contractual partner is not unreasonably disadvantaged thereby.
Amendments or additions to this contract must be made in writing.
Status: August 2023