(1)These General Terms of Use apply to all legal relationships of eveyamin GmbH, Marktstraße 42, 45355 Essen (hereinafter „eveyamin“), with users of the platform www.eveyamin.com (hereinafter „platform“). For better readability, the terms „user“, „customer“ and „provider“ refer to male, female and diverse groups of persons as well as companies. Together, eveyamin and the users are referred to as „parties“.
(2)The platform consists of the areas „eve-Shop“, „eve-Guide“ and „eve-Event“.
(3)Deviating provisions of the users do not apply unless eveyamin has confirmed them in writing. Individual agreements between eveyamin and the users always take precedence.
(4)The business relationships between eveyamin and commercial users are governed by the law of the Federal Republic of Germany.
(5)The user may retrieve, save and print these General Terms of Use. The platform can be displayed in several languages. The language version decisive for the contract is German.
(6)The place of jurisdiction is Essen, provided the user is a merchant or a legal entity under public law or a special fund under public law.
02
Services provided by eveyamin
(1)In the eve-Shop area, users registered as service providers can offer goods for sale and sell them via the platform. Users registered as buyers can purchase these goods in the eve-Shop area.
(2)In the eve-Guide and eve-Event areas, service providers or organizers can publish their contact details and place advertising. Booking services and events is only possible through individual communication.
(3)The services of eveyamin consist, among other things, of:
Providing the use of the platform in accordance with these terms
Enabling advertising and contact details of users in the eve-Guide and eve-Event areas
Enabling the conclusion of contracts in the eve-Shop area
(4)eveyamin expressly points out that only the respective users are responsible for the entries on the platform.
(5)eveyamin does not check the content of the entries made for accuracy, unless it has been notified that the information is incorrect.
03
Requirements for use of the platform
(1)Every natural or legal person is entitled to use the platform under the conditions described herein.
(2)Users can register either as buyers or as service providers.
(3)Natural persons must be of legal age and have legal capacity if they wish to register on the platform.
04
Registration for use
(1)In order to use eveyamin's services, users must register by means of a double opt-in procedure. Registration is free of charge.
(2)To register for the eve-Shop area, users must register as service providers and provide their company name, their email address, a password and the first and last name of a contact person.
(3)To register as a buyer, users must provide their first and last name, an email address and a password.
(4)The user receives an email from eveyamin containing these terms of use as well as a link to confirm the registration. A registration that a user does not complete within one week may be deleted by eveyamin.
(5)Until the registration process is completed, a user can correct their entries directly in the relevant input fields using the usual keyboard and mouse functions.
05
Special conditions for the use of the eve-Shop area
5.1 Admission and setup of the shop
(1)Only entrepreneurs within the meaning of § 14 BGB based in Germany or in an EU member state are entitled to offer goods on eve-Shop. There is no entitlement to admission to or use of eve-Shop.
(2)eveyamin receives a sales commission of 10% of the gross total amount for each order concluded via the platform.
(3)The user may grant their own access authorizations to employees of their own company.
(4)The user can create offers, upload product photos and enter texts in their account.
(5)The user is obliged to fulfill all statutory instruction and information obligations. In particular, the user must:
Provide a legal notice (Impressum), a withdrawal policy and a privacy policy
Provide complete product information including manufacturer, sizes, materials and safety information
Upload product photos of at least 1,600 × 1,600 pixels, with a neutral background and without watermarks
(6)The user is not permitted to specify eveyamin's address as the return address.
(7)The following products may not be offered:
Medical devices, medicinal products, tobacco products and electronic cigarettes
Hazardous substances, weapons, products with sexual or youth-endangering content
Products whose distribution is subject to authorization or is unlawful
5.2 Conclusion of purchase contracts
(1)The user's offer in the eve-Shop area constitutes an offer to conclude a purchase contract. The customer's order constitutes acceptance.
(2)Before a customer places an order, the user can change the offer or remove it from the platform at any time.
5.3 Commission and payment processing
(1)The commission claim arises upon the effective conclusion of the purchase contract and becomes due upon receipt of payment from the end customer.
(2)In the event of an effective withdrawal, the commission claim ceases retroactively.
(3)eveyamin is not a payment service provider within the meaning of the ZAG and at no time becomes the holder of the purchase price claim.
(4)Billing is carried out via the payment service provider Mollie (Mollie B.V., Netherlands).
5.4 Returns
(1)The user is solely responsible for the return of goods deliveries.
(2)eveyamin is not obliged to accept or store goods sent to eveyamin by the user's customer.
(3)If eveyamin nevertheless accepts goods, the user has 14 days after receipt of the notification to collect the goods.
06
Special conditions for eve-Guide and eve-Event
(1)The prerequisite for use is registration on the platform. There is no entitlement to use.
(2)Events are first reviewed by eveyamin before they are published.
(3)The entries can be rated by users. eveyamin will remove obviously false and/or unlawful ratings.
(4)Registration and use of the eve-Guide and eve-Event areas is generally free of charge for users. However, providers have the option of taking out a paid premium subscription. The premium subscription enables highlighted presentation within the platform. The premium subscription is offered at a price of € 49.99 per month (including statutory VAT) and runs for an indefinite period. It can be canceled by the provider at any time with effect from the end of the current month. eveyamin reserves the right to adjust the scope of services of the premium subscription at any time, insofar as this is reasonable for the provider. Price changes will be communicated to the provider in good time before they take effect.
07
Ranking of offers
The order of the displayed offers is determined by the relevance of the search terms and the timeliness of the items. These main factors are weighted more heavily than customer ratings or price, unless the customer sets corresponding filters.
08
Users as affiliated companies of eveyamin
Should eveyamin be affiliated with a user within the meaning of § 15 AktienG, this will be indicated in the corresponding offer. If no separate indication is given, eveyamin and the provider are in principle legally independent of each other.
09
Cooperation obligations of eve-Shop users
As part of the application for shop activation, the user is obliged to provide complete and truthful information about their company, in particular regarding the legal form, tax ID and authorized representative.
Only after successful review and express activation by eveyamin is the shop owner entitled to offer goods via eve-Shop.
The shop owner is solely responsible for compliance with all legal obligations.
10
Contract performance
The delivery of goods ordered in the eve-Shop area is carried out exclusively by the users. The respective user is the contractual partner of the customer. eveyamin is not a contractual partner of these contracts.
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Obligations of users
(1)The user warrants that the information they provide is true and complete.
(2)All logins are individualized and may only be used by the respective authorized user.
(3)The user is obliged to refrain from all measures that endanger or disrupt the functioning of the platform.
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Rights of use
By posting the offers, the users grant eveyamin the non-transferable right, limited to the contract duration, to publish them on the platform and to translate them into other languages.
13
Third-party content
(1)Users are prohibited from posting content that violates legal regulations, official orders or public morality.
(2)eveyamin does not under any circumstances adopt third-party content as its own.
(3)eveyamin reserves the right to block third-party content if it is unlawful.
(4)The user shall indemnify eveyamin against all third-party claims arising from the content posted by the user.
14
Blocking of users
(1)eveyamin is entitled to block a user's access to the platform if there is reasonable suspicion that they have violated these terms of use or applicable law.
(2)In the event of suspected misuse of the login data, eveyamin will block access and inform the user without delay.
15
Notice and action procedure
(1)Users can report illegal content in accordance with Art. 16 of Regulation (EU) 2022/2065 via an electronic notification point.
(2)Complaints can be submitted within the framework of the internal complaint management system in accordance with Art. 20 of Regulation (EU) 2022/2065.
(3)Further information is available at [insert link].
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Liability of eveyamin
(1)eveyamin is liable without limitation for intent and gross negligence, but for slight negligence only in the event of a breach of essential contractual obligations.
(2)eveyamin assumes no liability for disruptions within the network for which eveyamin is not responsible.
(3)eveyamin is only liable for the loss of data if such loss could not have been avoided by reasonable data backup measures on the part of the user.
(4)eveyamin is not liable for the content of linked databases, websites or third-party services.
17
Contract duration
(1)The contracts apply for an indefinite period. The contract begins with registration on the platform.
(2)The contract can be terminated by both parties at any time with immediate effect.
(3)Any termination must be made in text form.
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Data protection
The collection, processing and use of users' personal data is carried out in compliance with the applicable data protection regulations and in accordance with our privacy policy.
Note – Online dispute resolutionThe EU Commission offers the possibility of online dispute resolution at: https://ec.europa.eu/consumers/odr/. We are not obliged to participate in a dispute resolution procedure.
Reservation of use § 44b (3) UrhGUse of the content of this website for commercial text and data mining, which includes the training of artificial intelligence, is not permitted.