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General Terms and Conditions

of Hohnke & Scherg GmbH

§1 Application vis-à-vis Entrepreneurs and Definitions of Terms

(1) The following Terms and Conditions apply to all deliveries between us and a consumer in the version of these conditions applicable at the time of ordering.

A consumer means every natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession (§ 13 German Civil Code [BGB]).

§2 Conclusion of a Contract, Storing the Contract Text

(1) The following provisions apply to the conclusion of a contract for orders placed via our Internet shop https://www.evertree.de.

(2) In the event of the conclusion of a contract, this contract is concluded with:

Hohnke & Scherg GmbH
Andreas Hohnke & Christian Scherg
Burgunderstr. 29
D-40549 Düsseldorf
Register Number 66992
Register Court Commercial Register B

(3) The presentation of goods in our Internet shop does not constitute a legally binding contract offer on our part, but instead only represents a non-binding request to the consumer to order goods. By ordering the required goods, the consumer presents an offer for concluding a purchase contract which is binding for the consumer.

(4) When an order is received in our Internet shop, the following regulations apply:

The consumer presents a binding contract offer by successfully performing the envisaged order procedure in our Internet shop.

The order is placed through the following steps:

  • 1) Choosing the required goods
  • 2) Placing the chosen good in the shopping cart
  • 3) Checking the information in the shopping cart
  • 4) Clicking the button “Checkout”
  • 5) Entering buyer information (address, payment information, delivery address, etc.)
  • 6) Checking the respective entered information data again and correcting this if necessary
  • 7) Binding dispatch of the order through clicking the button “Buy now”

Before the binding dispatch of the order, after checking the entered information, the consumer may use the “Back” button on the Internet browser he/she is using to return to the Internet page where the customer’s information is stored and correct entry mistakes or cancel the order process by closing the Internet browser.

We confirm receipt of the order immediately after purchase through an automatically generated email (“Order confirmation”).

(5) Storing the contract text in the case of orders placed on our Internet shop: we store the contract text and send you the order data and our General Terms and Conditions by email. You can also read our General Terms and Conditions at any time at https://www.evertree.de/general-terms-and-conditions.

§3 Prices, Delivery Costs, Payment, Due Date for Payment

(1) The stipulated prices contain the statutory value-added taxes and any possible delivery costs.

(2) The consumer has the possibility to pay for the goods through direct bank transfer or PayPal.

§4 Delivery

(1) Insofar as not clearly otherwise specified in the product description, all articles we offer are immediately ready for dispatch.

Here delivery is made at the latest within 5 working days. Here the delivery deadline in the case of advance payment begins on the day after the payment order to the bank commissioned to transfer the money and for all other types of payment on the day after conclusion of the contract.

If the end of the deadline is on a Saturday, Sunday or statutory public holiday at the delivery location, the deadline ends on the next working day.

(2) The risk of accidental destruction and accidental deterioration of the sold product is only transferred to the buyer when the product is transferred to the buyer.

§5 Retention of Title

We reserve the right to ownership of the goods until the purchase price has been fully paid.

§6 Warranty

The statutory warranty regulations apply.

§7 Contract language

As contract language German is exclusively available.

Right of withdrawal

Cancellation Right of the Customer as a Consumer:

Consumers have the right to cancellation according to the following stipulation, whereby consumer means every natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession:

You have the right to cancel this contract within fourteen days without stating any reasons.

The cancellation period is fourteen days from the day when you or a third person named by you, who is not the carrier, has taken the goods in possession.

To exercise your cancellation right, you must notify us:

Hohnke & Scherg GmbH
Andreas Hohnke & Christian Scherg
Burgunderstr. 29
D-40549 Düsseldorf
E-Mail: evertree@evertree.de
Telephone: +49 [0]211-569264-36

through an unambiguous declaration (for instance a letter sent by post, telefax or email) stipulating your decision to cancel this contract. You may use the enclosed template cancellation form for this purpose, but this is not mandatory.
Consequences of Cancellation

If you cancel this contract, we must refund you for all payments which we have received from you, including the delivery costs (with the exception of any additional costs arising from you choosing another type of delivery other than the most cost-favourable standard delivery we offered), and this payment must be made immediately and at the latest within fourteen days after we receive notification about your cancellation of this contract.

For this refund, we use the same means of payment that you used in the original transactions, unless otherwise explicitly agreed with you; under no circumstances will you be charged any costs because of this refund.

We may refuse to refund you until we have received the goods back again or until you have proved that you have sent back the goods, depending on which point in time is earlier.

You must immediately send the goods back to us or hand them over to us – and in any case at the latest within fourteen days from the day when you notify us about the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days expires. We bear the costs of returning the goods

Cancellation Form

If you want to cancel the contract, then please download the following in this cancellation form template print it, fill in and send it back to us.

Cancellation Form Template

End of Cancellation Policy

Free General Terms and Conditions created by agb.de

Status of the General Terms and Conditions September 2019






Burgunderstraße 29
40549 Düsseldorf