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Terms and Conditions

Terms and Conditions

EVAMATS

www.evamats.eu



 

I. Definitions

The definitions used in the General Terms and Conditions have the following meaning:

  • GTC - This document, which sets out the terms and conditions of the This document sets out the terms and conditions of concluding a contract for the sale and provision of services provided by the Seller to the Customer in the Online Shop.
  • ORDER - order for the purchase of goods placed by the Customer by means of technical communication.
  • ELECTRONIC SERVICE - provision of electronic services through the Online Shop (pursuant to § 312c et seq. of the Civil Code), by the Seller for the benefit of the Customer, in accordance with the Service Agreement. In the area where, if applicable, services are provided by other parties cooperating with the Seller, relevant decisions regarding these services are located in GTC on the provision of services by these parties.
  • LOGIN - the e-mail address of the Customer specified in the Shop when creating an account.
  • ACCOUNT - electronic service provided to the Customer within the Online Shop enabling the Customer to use additional functionalities. The Customer has access to the Account by means of the login and the corresponding password. The customer logs into his account after registering in the Online Shop. The account allows to store information about the address data of the Customer for the shipment of the Products, to track the status of the order, to access the order history, as well as to use other services provided to the Customer by the Seller.
  • CUSTOMER - (1) consumer; (2) entrepreneur; (3) legal entity under public law or special fund under public law. If the Customer is a natural person with limited legal capacity, he/she is obliged, as a precondition for the conclusion of a purchase contract, to present a valid declaration of consent from his/her legal representative and, if necessary, to present it again to the Seller, whereby the purchase contract in the context of an online store has the character of a small everyday transaction. The Seller points out that in justified cases the conclusion of a purchase contract through the online store is possible only by persons of full age and legal capacity.
  • NEWSLETTER - electronic service enabling the Customer to receive commercial information from the Seller, in particular about products, the Online Shop, including news and current promotions, to the e-mail address or telephone number provided by the Customer, provided that the Customer has expressly agreed to this (the detailed principles of providing the newsletter are specified in a separate regulation).
  • PASSWORD - a sequence of alphanumeric characters required for authentication when accessing the account and provided by the Customer when setting up the account. Registration of an account requires entering the password once in accordance with the minimum requirements. The Customer is obliged to keep the password confidential (and not to disclose it to third parties). The Seller provides the Customer with several options to change the password. The Seller may, at its sole discretion, provide the Customer with a mechanism for so-called recovery of a forgotten password.
  • PRICE - The remuneration amount (gross/including taxes) stated in Euro or in another currency, which is due to the Seller for the transfer of ownership to the Customer in accordance with the Purchase Agreement. The price does not include shipping costs, unless otherwise specified in the terms of the current special offers of the store.
  • PRODUCT - a movable item available for purchase in the Online Shop, which is the subject of the contract between the Customer and the Seller (an individualized product).
  • BUSINESS - are natural or legal persons or partnerships with legal capacity who order for commercial, self-employed or freelance purposes (§ 14 BGB).
  • CONSUMER - any natural person who enters into a legal transaction for purposes that are predominantly not attributable to his or her commercial or self-employed professional activity (§ 13 BGB).
  • SELLER - Enjoy The Car Sp. z o.o., ul. Jana III Sobieskiego 110,00-764 Warsaw (Poland), KRS:0000903683, VAT ID: 7011036353, E-mail: [email protected]
  • SHOPPING BASKET - electronic service provided to the Customer within the Online Shop, enabling, in particular, easy placing of an order for a selected number of products, displaying a summary of the prices of individual products and the total price for all products.

II. General Information

  1. These terms and conditions sale apply to all inquiries or orders placed through the website www.evamats.eu. Consequently, you agree to these terms and conditions of sale when you place an order via the website. Any deviations from these terms and conditions of sale require our written consent.
  2. The use of the online store requires the fulfillment of certain technical requirements on the part of the end device of the website visitor and the existing Internet connection.
  3. Customers in the sense of these general terms and conditions are consumers, entrepreneurs, legal entities under public law or special funds under public law.
  4. The acceptance of the general terms and conditions by the customer is voluntary, but nevertheless necessary to place an order.
  5. The Customer may place orders without creating an account.
  6. The use of the Electronic Services as a service provided electronically involves typical risks of data transmission via the Internet, such as the dissemination of customer data, access by unauthorized persons or the loss of customer data. The seller and the customer are obliged to take measures to minimize these risks.
  7. The use of the online store, in particular the use of the electronic services and the conclusion of purchase contracts is possible if the end devices and the ICT system used by the customer meet the technical requirements. The Seller may temporarily, but not longer than 48 hours, disable part of the functions of the Online Shop for technical reasons in order to improve it, add services or perform maintenance. The Seller will endeavor to inform about technical malfunctions in each case by placing an appropriate notice on the home page of the Online Shop.

III. Electronic Services

  1. The Seller provides the following electronic services to the Customers free of charge through the Online Store:
    • Account;
    • the possibility for Customers to place orders as well as to conclude purchase contracts in accordance with the bases determined in these GTC;
    • the possibility of using a shopping cart;
    • Newsletter;
  2. The use of the account is possible with the completion of the following steps on the part of the customer: Filling in the registration form and accepting the provisions of these GTC,
    • clicking on the "Register" button.
  3. The following customer data are required in the registration form: First and last name, e-mail address and password to be set by the customer.
  4. The service contract is concluded when the following conditions are fulfilled together: (i) effective completion and acceptance by the Customer of the registration form for the creation of an account (transmission to the Seller), (ii) acceptance by the Customer of the General Terms and Conditions Service Agreement by clicking on the activation link sent by the Seller to the e-mail address provided by the Customer during registration. The Account is provided free of charge for an unlimited period of time.
  5. The Seller may refuse to register an account if the Customer violates the provisions of paragraph 8 below.
  6. The use of the shopping cart starts when the customer adds the first product to the cart. The shopping cart is a one-time service provided free of charge and ends when the customer places or stops placing an order through it. Depending on the features available, the shopping cart may store information about the products selected by the customer even after the browsing session ends, but it does not guarantee that copies of the products selected by the customer will be available to place the order at a later time.
  7. In order to start the Newsletter Service, the Customer must agree to receive commercial information and accept the terms and conditions of the Newsletter Service by ticking the relevant checkbox or clicking on the relevant button and providing his/her email address in the relevant field on the Online Shop's website, and then clicking on the activation link sent to the email address provided (time of starting the Newsletter Service).
  8. In particular, the customer is obliged:
    • to provide in the order and in the account only truthful, current and all required Customer data and, in case of any change in such data, to immediately update the data, including personal data, provided by the Customer to the Seller in connection with the conclusion of the purchase agreement or and (iii) confirmation of the conclusion of the use of the electronic services;
    • to use the Electronic Services in a manner that does not interfere with the functioning of the Seller, the Online Shop;
    • to use the electronic services in a way that complies with the legal laws, the provisions of the General Terms and Conditions, as well as with the customs and rules of social coexistence accepted in the respective area;
    • to keep the login and password confidential and, in particular, not to disclose them to unauthorized persons. In particular, the Seller shall not be liable for the loss of data or access to data stored on the account resulting from a breach of the above obligation by the Customer;
  9. The Seller may terminate the Service Agreement for the following valid reasons: a) the manner in which the electronic services are used is contrary to the rules and purpose of the Online Shop; b) the Customer's activity is contrary to morality, incites violence or commits a criminal offense and violates the rights of third parties; c) the Customer violates the provisions of Art. III paragraph 8 of the General Terms and Conditions.
  10. Termination of the Service Agreement by the Seller shall be sent to the e-mail address provided by the Customer.
  11. The notice period for both parties is 14 days. Termination of the service contract by either party is equivalent to deletion of the account.

IV. Conclusion of Contract

  1. The presentation of the products in our online store does not represent a legally binding offer, but merely a non-binding online catalog.
  2. All offers of goods presented by us are - also with regard to the price information - subject to change and represent only non-binding requests for the submission of a purchase offer by the customer. By clicking the button "add to shopping cart" you can put the respective goods into the virtual shopping cart. The selected goods are collected in the shopping cart. This process is non-binding and does not constitute a contract offer.
  3. Orders can be placed after registering an account in the store or without registering an account in the store.
  4. Orders can be placed in the store 24 hours a day, 7 days a week. Orders placed on Saturdays, Sundays or holidays will be processed on the next business day.
  5. In the shopping cart you can check and correct the number of selected items or remove individual items from the cart or add more items by clicking the "Continue Shopping" button. By clicking on the button "Proceed to checkout" you will be guided in further steps to call up your existing registration or to enter your data. You (1) can then enter a different delivery address, (2) can choose one of the payment methods offered to you, (3) will be asked to agree to the General Terms and Conditions as well as the applicable Privacy Policy and (4) will be asked to check and, if necessary, correct your information before submitting the order.
  6. By clicking the button "Order with obligation to pay" at the end of the ordering process, you make a binding contractual declaration to conclude a purchase contract for the products in the shopping cart. You are bound to your contract offer for a maximum of 5 days.
  7. Before the binding submission of the order, you have the opportunity to check the accuracy of your information and correct it if necessary. We confirm the receipt of the order immediately after sending the order by an automatic confirmation e-mail. However, this e-mail does not represent a binding acceptance of the offer, it only serves to inform you about the technically correct transmission of the order.
  8. A contract is concluded when we accept your contractual offer within the binding period by sending an order confirmation.
  9. You can print out or save the text of the contract before sending the order. You can further archive the data of your order by either (1) downloading the GTC and saving the data summarized on the last page of the order process in the Internet store using the functions of your browser or (2) waiting for the automatic order confirmation as well as the automatic contract confirmation, which we will additionally send to you by e-mail after completion of your order to the e-mail address provided by you. A separate retrieval of the contract text is not possible.
  10. Contract language is exclusively English.
  11. Telephone orders are accepted from Monday to Friday.
  12. Upon receipt of an electronic message from EVAMATS to the e-mail address specified in the order confirming receipt and acceptance of the order, the customer is obliged to send a return message to EVAMATS confirming the content of the purchase contract proposed by EVAMATS. The conclusion of the purchase contract by EVAMATS with the Customer shall be made by sending a message about the commencement of the order to the e-mail address indicated in the Customer's return. For the procedure of concluding the purchase contract the provisions of IV paragraphs 8 -10 of the Regulations shall apply accordingly.
  13. Orders by e-mail can be placed around the clock on all weekdays. Orders placed on Saturdays, Sundays and holidays will be considered on the first working day following the day on which the order was placed. The provisions of IV paragraphs 8-10 of the Regulations shall apply mutatis mutandis to the procedure of concluding the purchase contract.
  14. The Customer acknowledges that products for individual orders are manufactured according to the Customer's strict specifications and individual needs. In addition, the customer acknowledges that the products, especially carpets, are subject to certain rules for use, storage and operation. Mats should not be cut or torn with sharp instruments (including heels) or exposed to a harmful environment (e.g., fire, partial or total, and/or elsewhere when the temperature exceeds 50°C or is below -50°C). Mats should be used only for the floor of the car. The seller is not liable if the customer installs the mat contrary to the installation instructions contained in the operating instructions.

V . Price/Payment

  1. All price quotations in our online store are gross prices in Euro including the statutory value added tax and do not include shipping costs.
  2. The shipping costs are indicated in our price quotations in our online stores. The price including VAT and applicable shipping costs is also displayed in the order mask before you submit the order.
  3. The seller provides the customer with various payment options for the purchase contract. The available payment methods are presented to the customer on the website of the online store and when placing an order.
  4. The customer can use the payment methods displayed during the ordering process:

    • Payment by credit/debit card;
    • Payment by Stripe;
    • Payment by Klarna;
  5. If the credit card payment method is selected, a (pre-authorized) reservation of the amount is first made upon completion of the order. Your credit card account will be charged promptly after the order is completed.
  6. When paying by means of a payment method offered by Stripe, the payment is processed via the payment service provider Stripe Payments Europe, Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin.
  7. When paying by means of a payment method offered by Klarna, payment processing is carried out via the payment service provider Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm.
  8. All special offers applicable in the online store cannot be combined unless provisions of the offer state otherwise.
  9. You agree that invoices and credit notes will be delivered in electronic form only.
  10. Until full payment, the delivered goods remain our property (retention of title according to §§158, 449 BGB).

VI. Delivery

  1. The available delivery methods for the Product are presented to the Customer on the Online Shop website and when the Customer places the order.
  2. The Product will be delivered to the address specified by the Customer when placing the order. The delivery will be made only within European Union.
  3. The delivery will be made within the delivery period specified for the particular product.
  4. The total time for delivery of the product to the customer (delivery time) is composed of the time needed by the seller to prepare the order for shipment and the time needed by the carrier (DHL) to deliver the product.
  5. The delivery period is up to 14 working days, unless a shorter period is specified in the description of the product or when placing the order.
  6. The delivery period shall be reasonably extended in the event of circumstances affecting the delivery due to force majeure.
  7. If a delivery to you is not possible because you are not found at the delivery address specified by you, although the delivery date was announced to you with reasonable notice, you shall bear the costs for a new delivery.
  8. In the case of consumers, the risk of accidental loss and accidental deterioration of the goods sold shall pass upon handover of the goods to the consumer or a recipient designated by the consumer. The handover is equal if the buyer is in default of acceptance. Otherwise, the risk of accidental loss and accidental deterioration of the goods shall pass to the buyer upon handover, in the case of sale by delivery to a place other than the place of performance, upon delivery of the goods to the forwarding agent or other person or institution designated to carry out the shipment.

VII. Right to withdraw from the Agreement

  1. If you are a consumer in the sense of § 13 BGB, you have a legal right to cancel your order according to § 312g BGB or § 355 BGB.
  2. You have the right to revoke this contract within fourteen days without giving any reason.
  3. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the goods.
  4. To exercise your right of withdrawal, you must send us an email to
[email protected] 
by means of a clear declaration (e.g. e-mail) about your decision to revoke this contract. You can use the attached sample withdrawal form for this purpose, but it is not mandatory.
  5. To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
  6. Consequences of revocation:
    • If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, 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 any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
    • You must return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
    • Return warehouse: Enjoy The Car Sp. z o. o. , Nadmeńska 5C, 05-230, Kobyłka.
  7. You will bear the direct costs of returning the goods. You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
  8. Unless otherwise agreed by the parties, the right of withdrawal does not apply to the following contracts: Contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
  9. Companies are not granted a voluntary right of withdrawal.

    Sample cancellation form

    (If you want to cancel the contract, please fill out this form and send it back to)

    - ............................

    ................................

    - I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/provision of the following service (*)

    - Ordered on (*)/received on (*)

    - Name of the consumer(s)

    - Address of the consumer(s)

    - Signature of the consumer(s) (only in case of paper communication)

    - Date.

    (*) Delete where not applicable.

VIII. Warranty / Complaints

  1. The warranty is governed by the statutory provisions.
  2. We shall be liable for material defects or defects of title of delivered items in accordance with the applicable statutory provisions, in particular §§ 434 et seq. BGB.
  3. If and insofar as you are an entrepreneur, we shall generally not be liable for defects that you knew or were grossly negligent in not knowing at the time of conclusion of the contract (§ 442 BGB). Furthermore, in this case claims for defects presuppose that you have fulfilled your statutory obligations to inspect and give notice of defects (§§ 377, 381 HGB). If a defect becomes apparent during delivery, inspection or at any later time, the entrepreneur must notify us of this in writing without delay. In any case, obvious defects must be reported by the Contractor within 14 working days of delivery and defects that are not apparent during the inspection must be reported by the Contractor within the same period of time after discovery. If the Contractor fails to carry out the proper inspection and/or give notice of defects, our liability for the defect not reported or not reported in time or not reported properly shall be excluded in accordance with the statutory provisions. The above provisions of this paragraph 3 shall expressly not apply to consumers.
  4. The seller undertakes to deliver the goods or product without defects. If the sold product is defective, the customer may: submit a statement requesting a reduction of the purchase price or withdraw from the contract, unless the Seller immediately replaces the defective product with a defect-free product without excessive inconvenience to the Customer. In case of a reduction of the purchase price, the purchase price shall be corrected in proportion to the price resulting from the contract, as the value of the defective product is in proportion to the value of the defect-free product.
  5. The customer cannot withdraw from the contract if the defect is not substantial;
    • demand the replacement of the product with a defect-free product or request the elimination of the defect. The seller is then obliged to replace the defective product with a defect-free product or to remove the defect.This must be done in a reasonable time and without excessive inconvenience to the customer, subject to and in accordance with the relevant provisions of the Civil Code.
    • The Customer may request to be supplied with the defect-free Product instead of the remedy of the defect proposed by the Seller or to have the defect remedied instead of the replacement of the Product, unless the course of action requested by the Customer would entail excessive costs compared to the course of action proposed by the Seller. When assessing the excessiveness of costs, the value of the respective defect-free product, but also the inconvenience that the customer might have to undergo for reworking the product towards the contractual condition, shall be taken into account.
  6. The Shop is liable for the non-conformity of the product with the contract only if it is detected before the expiry of two years from the date of delivery of the product to the Customer. The claim for elimination of the defect or replacement of the product with a defect-free product expires upon the expiration of 2 years from the date of handover of the purchased goods.
  7. Warranty claims can be addressed by the Customer e.g. in writing to the address: [email protected]
  8. The Seller undertakes to examine any claim within 14 days.

IX. Liability

  1. The liability of EVAMATS is excluded, except for liability for damages due to breach of such contractual obligations that are indispensable for the achievement of the purpose of the contract (cardinal obligations), due to defective products under the Product Liability Act, due to injury to life, body or health, based on a negligent breach of duty by EVAMATS or an intentional or negligent breach of duty by a legal representative or vicarious agent of EVAMATS, and for other damages based on a grossly negligent breach of duty by EVAMATS or an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of EVAMATS.

X. Force Majeure

  1. The parties shall not be liable if they are unable to fulfill their obligations at all or only partially due to an unforeseen event or an event deemed to be force majeure; these include, but are not limited to (without any claim to completeness): Floods, fire, severe weather, shortage of raw materials, strike in the transport sector, partial or full strikes or lockouts. The party affected by such events shall notify the other thereof without undue delay, but no later than within five (5) business days of the occurrence of such event.
  2. The parties agree that they shall agree as soon as possible how the order is to be processed as long as the Force Majeure continues.

XI. Alternative dispute resolution

  1. The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr .
  2. This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
  3. The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

XXII Amendment of the GTC

  1. Amendments and additions to the GTC must be made in writing to be effective.
  2. The Seller may amend these GTC if one of the reasons listed below occurs, which shall be considered as an exhaustive list:
    • Change in the legal provisions regulating the sale of products or the provision of electronic services by the Seller and affecting the mutual rights and obligations stipulated in the contract concluded between the Customer and the Seller, or a change in the interpretation of the above-mentioned legal provisions as a result of court rulings, decisions, recommendations or recommendations of the competent authorities or bodies in a particular area;
    • Change in the manner in which the Services are provided, which is exclusively due to technical or technological reasons (in particular, an update of the technical requirements specified in these Terms and Conditions);
    • Change in the scope or manner of provision of services to which the provisions of the General Terms and Conditions apply, due to the introduction by the Seller of new, modification or withdrawal of existing functions or services covered by the General Terms and Conditions;
    • Change in the scope or manner of provision of services by tradesmen cooperating with the Seller by introducing new, modifying or eliminating existing functions or services by these companies, affecting the mutual rights and obligations between the Customer and the Seller.
  3. In case of amendments to the General Terms and Conditions, the Seller shall make the consolidated text of the General Terms and Conditions available by posting it on the website of the Online Shop , as well as by a message sent to the e-mail address provided by the Customer when concluding the Service Contract, which shall be considered by the Parties as introduction of the information on the amendment into the electronic means of communication in such a way that the Customer can take note of its content.
  4. The amendment to the General Terms and Conditions shall become effective 14 days after the information about the amendment is sent. Customers who have concluded a service contract have the right to terminate the service contract within 14 days after the notification of the change in the terms and conditions. The change of the Terms and Conditions does not affect the purchase contracts concluded between the Customer and the Seller before the change of the Terms and Conditions.

XIII Final Provisions

  1. The Website and all its contents (including graphics, editorial content, documents and description of products and services) are the intellectual property of EVAMATS and / or third parties. The website and its contents are protected by intellectual property rights in accordance with applicable legislation. Only the display of the website and sub-pages and printing on paper for the personal use of the customer are allowed. Full or partial reproduction of the database or its contents for purposes other than purely personal for the customer, is prohibited.
  2. The law of the Federal Republic of Germany applies to all legal transactions or other legal relationships with us. The UN Convention on Contracts for the International Sale of Goods (CISG) and any other intergovernmental agreements, even after their adoption into German law, shall not apply. In the case of contracts with consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
  3. If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you shall be our registered office.

11.10.2023