General Terms and Conditions

Status:
January 2026

1. Scope of Application

1.1 These General Terms and Conditions ("GTC") apply to contracts concluded between EVIGLARA GmbH (FN 674927s,
Commercial Court Vienna), currently represented by Wanusha Abdulla and Sebnem Yavuz, Gaullachergasse 33/29, 1160 Vienna, telephone number: +43 677 617 31171, e-mail: office@eviglara.com, ("we", "us") and the customer via our website www.eviglara.com ("Website").

1.2 Multiple contracts with a specific customer do not establish a long-term obligation or any other right to conclude another sales contract.

1.3 These GTC apply exclusively to contracts concluded with consumers.

2. Registration

2.1 The customer must be at least 18 years old and fully legally competent.

2.2 On our website, customers can place an order as a guest or after successful registration.

2.3 The customer can register on the website and choose their access password for their internal area. The customer receives a registration confirmation at their specified email address.

2.4 We reserve the right to refuse or revoke a registration without stating reasons. A revocation has no effect on contracts already concluded but not yet fully processed. These must be fulfilled by both parties.

2.5 The customer must keep their access data confidential. We will ultimately verify whether the access password matches a properly activated customer authorization.

3. Order, Conclusion of Contract, and
Customer Obligations

3.1 The presentation of our products on the website does not constitute a legally binding offer. The offer is made by the customer by submitting the order for the selected items. The customer has the opportunity to review their order and correct any errors before submitting their offer. The customer's offer becomes binding by clicking the "order with obligation to pay" button. After submitting the offer, the customer can no longer change the order.

3.2 After we receive their order, the customer will receive a separate, automated confirmation of receipt of their order via email. Such a confirmation of receipt does not yet constitute acceptance of the offer. This will only occur through a separate, written order confirmation or by actual delivery of the ordered goods within the agreed delivery period. We are entitled to reject orders without stating reasons. This is particularly the case if a customer (i) has not paid for a previous order, or (ii) a lack of credit card coverage had to be determined, (iii) the return rate for a customer is noticeably high and does not improve despite appropriate information, or (iv) the goods are out of stock and cannot be delivered soon. The customer will be informed of rejections by email.

4. Prices, Delivery, and Shipping Costs

4.1 The prices listed on the website are end-consumer prices including VAT and packaging.

4.2 We will show the customer all additional freight, delivery, shipping, or other costs before they submit their offer, insofar as these costs can reasonably be calculated in advance. Otherwise, we will point out the possible incurrence of additional costs before the customer submits their offer.

5. Payment Terms

5.1 Unless otherwise agreed in writing, the purchase price is due immediately upon acceptance of the offer, i.e., upon conclusion of the contract and before delivery of the ordered products, in full and without deduction. We reserve ownership of the delivered goods until full payment of the respective invoice amount.

5.2 Billing is in Euros. Payment of the purchase price is possible via the payment methods displayed in the webshop. In the case of payment via PayPal or by credit card, the amount of the purchase price will be debited by us upon conclusion of the contract.

5.3 Discounts or discount vouchers can only be redeemed under the respective advertised promotional conditions. Multiple discounts and discount vouchers cannot be combined.

6. Delivery Conditions

6.1 Delivery (dispatch by us) of the order will generally take place within 5 working days from the conclusion of the contract, provided the goods are in stock.

6.2 The choice of carrier is made by us at our best discretion, but without guarantee for the choice of the fastest and cheapest shipment.

6.3 Delivery will be made to the delivery address provided by the customer. Any costs incurred due to culpably incorrect specification of the delivery address by the customer or due to unjustified refusal to accept the delivery shall be borne by the customer.

6.4 We are entitled to partial deliveries to the address provided during order placement. In the case of partial deliveries, we will of course bear the resulting additional shipping costs.

7. Right of Withdrawal

7.1 If the customer is a consumer within the meaning of the KSchG (Consumer Protection Act), they have the right to withdraw from this contract within fourteen days without giving any reason.

7.2 The withdrawal period is fourteen days from the day on which the customer or a third party designated by them, who is not the carrier, took possession of the goods.

7.3 To exercise the right of withdrawal, the customer must inform us (EVIGLARA GmbH, Gaullachergasse 33/29, 1160 Vienna, telephone number: +43
677 617 31171, e-mail: office@eviglara.com) by means of a clear statement (e.g., a letter sent by post, or email) of their decision to withdraw from this contract. The declaration of withdrawal is not bound to any particular form. The customer can use the sample withdrawal form below, which is not mandatory.

7.4 To meet the withdrawal deadline, it is sufficient for the customer to send their communication concerning their exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of Withdrawal

7.5 If the customer withdraws from this contract, we shall reimburse to the customer all payments received from the customer, including the costs of delivery (with the exception of the supplementary costs resulting from the customer's choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about the customer's decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as the customer used for the initial transaction, unless the customer has expressly agreed otherwise; in no event
will the customer incur any fees as a result of such reimbursement.

7.6 We may withhold reimbursement until we have received the goods back or the customer has supplied evidence of having sent back the goods, whichever is the earliest.

7.7 The customer shall send back the goods without undue delay and in any event not later than fourteen days from the day on which they communicate their withdrawal from this contract to EVIGLARA GmbH, Gaullachergasse 33/29, 1160 Vienna. The deadline is met if the customer sends back the goods before the period of fourteen days has expired.

7.8 The customer bears the direct costs of returning the goods.

7.9 The customer must compensate for any loss in the commercial value of the goods if this loss of value is due to handling of the goods that is not necessary for checking their quality, characteristics, and functioning.

Exceptions to the Right of Withdrawal

7.10 The customer has no right of withdrawal in the cases listed in § 18 FAGG (Distance and Off-Premises Transactions Act).

7.11 In particular, the customer has no
right of withdrawal for contracts concerning:

• 
  Goods that are manufactured according to customer specifications or are clearly tailored to personal needs;
• Goods that are delivered sealed and are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.

Sample Withdrawal Form

7.12 The customer can use the following form and send it to us if they wish to withdraw from the contract:

To EVIGLARA GmbH, Gaullachergasse 33/29, 1160 Vienna, telephone number: +43 677 617 31171, e-mail: office@eviglara.com

I/We (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*):

Ordered on (*)/received on (*):

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s) (only for notification on paper)

Date

(*) Delete as appropriate.

8. Warranty

For consumers, the statutory warranty provisions apply to defects in the goods.

9. Liability

We are liable for damages according to the statutory provisions. This is particularly the case if we are at fault. We are liable without limitation for intent and gross negligence. However, liability for damages caused by slight negligence is excluded. This limitation of liability does not apply to damages resulting from injury to life, body or health, for claims under the Product Liability Act and damages due to the violation of essential contractual obligations.

10. Choice of Jurisdiction and
Choice of Law

10.1 If the customer is an entrepreneur, a public legal entity, or a special public fund, the exclusive place of jurisdiction for all claims arising from or due to this contract is the materially and locally competent court for 1010 Vienna. This also applies to persons who do not have a general place of jurisdiction in Austria, or persons who, after conclusion of the contract, have moved their domicile or habitual residence outside of Austria, or whose domicile or habitual residence is unknown at the time the action is filed.

10.2 The law of the Republic of Austria applies, to the exclusion of its conflict of laws rules and the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law applies only insofar as mandatory provisions of the law of the state in which they have their habitual residence are not superseded.