General Terms and Conditions (GTC)

    1. General
    1.1 The following General Terms and Conditions (hereinafter referred to as GTC) apply to all orders placed by or contracts concluded for goods from the range of products available in the online shop evomina​ ​

    ​2.ORDER/CONCLUSION OF CONTRACT
    2.1 All prices quoted are in euros and are exempt from VAT under the small business regulations.  Shipping costs are charged extra.
    2.2 The presentation of the products in the online shop does not constitute a legally binding offer by Evomina - World of Scent, but only a non-binding catalogue of the range of goods presented in the online shop.
    2.3 By clicking on the button "ORDER FOR PAYMENT", the customer makes a binding offer to purchase the product(s) contained in the shopping cart and thereby accepts the GTC of Evomina - World of Scent without any restriction or modification.
    2.4 The customer receives a confirmation of the receipt of his order after the order process has been carried out. This confirmation of the order is usually sent by e-mail immediately after the order process. This order confirmation is merely the documentation of the order process and therefore does not constitute an acceptance of a binding offer of the customer by us.

    2.5 A contract is only concluded by our express declaration of acceptance, which is sent by a separate e-mail, or directly by dispatch of the goods within the excellent days (date of posting of the goods to the shipping company) to the delivery address specified by you.
    2.6 If the goods ordered by you are not available at short notice at the time of your binding order, we will inform you of this by e-mail. If the goods are permanently unavailable, no contract for the ordered goods will be concluded, of which we will also inform you by e-mail.
    2.7 Evomina - World of Scent reserves the right in particular not to accept the offer if an item is not available, if you have unjustifiably failed to pay invoices due to previous deliveries, if your credit card check is not completed successfully or if there are otherwise justified doubts about your creditworthiness.
    2.8 If Evomina - World of Scent is unable to fulfil an order, you will be notified as soon as possible.
    2.9 Orders will only be accepted in normal household quantities.
    2.10 The goods shown on the website were digitally photographed. There may be minor deviations between the representation of the goods in the online catalogue and in reality; such deviations do not constitute a defect in the ordered goods and therefore do not entitle the customer to assert warranty claims.
    2.11 We would like to point out at this point that we store your order data (see also data protection).
    2.12 You are obliged to enter the data you provide during the ordering process completely and truthfully. The goods shown have been digitally photographed. There may be minor deviations between the representation of the goods in the online catalogue and in reality; such deviations do not represent a defect in the ordered goods and therefore do not entitle you to assert warranty claims.
    2.13 We would like to point out at this point that we store your order data (see also data protection).
    2.14 You are obliged to enter your data completely and truthfully during the ordering process.
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    3.DELIVERY/SHIPPING/RISK TRANSFER
    3.1 Evomina - World of Scent ships EU-wide:

    Austria: 

  • Order value up to € 50,- we charge € 5,- shipping costs.
  • Order value over € 50,- shipping is free of charge


Other EU countries:​

  • Order value up to € 150,- we charge € 15,- shipping costs  
  • Order value > € 150,- shipping is free of charge

 

​3.2 Shipping is carried out by the fastest, safest and cheapest provider at the time of the order.
3.4 For information purposes only, we would like to point out that the delivery time within Austria and Germany is usually 2 to 7 working days from our acceptance of your order.
3.5 The place of performance is the registered office of Evomina - World of Scent.
3.6 With regard to the transfer of risk, § 7b KschG applies to consumers:
3.7 (7.1) If Evomina - World of Scent sends the goods, the risk of loss or damage to the goods is only transferred to the customer (consumer) as soon as the goods are delivered to the customer (consumer) or to a third party designated by the customer and different from the carrier. In the absence of any other agreement, the customer (consumer) acquires ownership of the goods at the same time as the risk passes.(7.2) For entrepreneurs as customers, the delivery of the ordered goods is at the risk of the ordering company and, as such, the risk of loss of or damage to the goods passes when they are handed over to the shipping company.
3.8 If the goods are not returned in their original packaging, unopened and in perfect condition, compensation may be claimed on our part. For this reason, we ask you not to remove the labelling from returned goods!

​4. PAYMENT
​4.1 You can only pay for the goods by credit card (Visa, MasterCard) and instant bank transfer.

​5. RESERVATION OF OWNERSHIP
​5.1 The goods remain the property of Evomina - World of Scent until full payment has been received.

​6. LIABILITY/COMPLAINTS
​6.1 Evomina - World of Scent is only liable for intent and gross negligence, except in cases of injury to life, body or health of a person. A liability of Evomina - World of Scent for financial ​ ​losses in case of slight negligence is excluded.
​6.2 If the purchase is also a business-related transaction on the part of the customer within the meaning of § 343 para. 2 of the Austrian Commercial Code (UGB), then, in accordance with § ​377 of the Austrian Commercial Code (UGB), notice of defects must be given within a maximum of 10 days of the handover of the goods to the customer, otherwise claims for warranty (§§ ​922 ff. ABGB), for damages due to the defect itself (§ 933a para. 2 ABGB) as well as from an error about the defect-free nature of the item (§§ 871 f ABGB) can no longer be asserted.

7. RIGHT OF WITHDRAWAL (RIGHT OF REVOCATION) OF CONSUMERS ISD KSCHG

7.1 For customers who are consumers, the special provisions of the Fernabsatz- und Auswärtsgeschäftegesetz idgF (hereinafter FAGG) apply.
​7.2 The consumer can withdraw from the contract concluded with Evomina - World of Scent within 14 days without giving reasons. The right of withdrawal does not apply to goods that are individually assembled or otherwise adapted.
7. 3. The period for withdrawal begins on the day on which the consumer or a third party not acting as a carrier and named by the consumer acquires possession of the goods, or if the consumer has ordered several goods as part of a single order which are delivered separately, on the day, or, if the goods are delivered in several instalments, on the day on which the consumer or a third party not acting as a carrier and indicated by the consumer takes possession of the last instalment.

8. DATA PROTECTION
Please read our privacy policy

9.DISCLAIMER FOR EXTERNAL LINKS
9.1 As far as the pages of Evomina - World of Scent contain links to other pages on the Internet, Evomina - World of Scent expressly declares that it has no influence on the design and content of the linked pages. Therefore, Evomina - World of Scent hereby expressly dissociates itself from all contents of all linked pages of third parties and does not adopt these contents as its own. This declaration applies to all displayed links and to all contents of the pages to which links lead.

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10. APPLICABLE LAW/PLACE OF JURISDICTION/SALVATORY CLAUSE
10.1 All legal relations between Evomina - World of Scent and its customers shall be governed by Austrian substantive law without exception, expressly excluding the rules of private international law and the UN Convention on Contracts for the International Sale of Goods.
10.2 For all disputes arising from the contractual relationship or disputes in connection therewith, it is furthermore agreed that the place of jurisdiction shall be exclusively the competent court in Mondsee. If, however, a customer who is a consumer within the meaning of the Consumer Protection Act has his domicile or habitual residence in Austria or if he is employed in Austria, only the court in whose district his domicile, habitual residence or place of employment is located may have jurisdiction to bring an action against him in accordance with § 14 of the Consumer Protection Act; this shall not apply to legal disputes which have already arisen.
10.3 Should individual provisions of the General Terms and Conditions be invalid or unenforceable or become invalid or unenforceable after the conclusion of the contract, the validity and binding force of the remaining provisions of the General Terms and Conditions and of the contract concluded with the customer on the basis thereof shall remain unaffected. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision which comes closest to the legal and economic objective of the General Terms and Conditions or the contract concluded with the customer on the basis thereof and which the contracting parties pursued with the invalid or unenforceable provision. This shall also apply accordingly in the event that the General Terms and Conditions or the contract should prove to be incomplete.

 

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10.4 A link to the European online dispute resolution platform can be found below.  ​

 

Status: October, 2023