Loading...
(1) These General Terms and Conditions (hereinafter referred to as “GTC”) apply to all contracts concluded between Evoparts24 GmbH , Am Hans Teich 12, 51674 Wiehl (hereinafter referred to as “Evoparts24” or “Provider”) and registered users as well as guest users who place orders without registration (hereinafter collectively referred to as “Customers”) via the internet platform www.evoparts24.com.
(2) The platform is intended exclusively for entrepreneurs as defined in Section 14 of the German Civil Code (BGB), legal entities under public law, and special funds under public law. Consumers as defined in Section 13 of the German Civil Code (BGB) are excluded from using the platform. By registering, the customer confirms that they are an entrepreneur as defined in Section 14 of the German Civil Code (BGB) and that they will use the services exclusively for commercial purposes in the course of their business activities.
(3) Any differing, conflicting or supplementary terms and conditions of the customer shall not become part of the contract, even if Evoparts24 does not expressly object to their validity in individual cases, unless Evoparts24 expressly agrees to their validity in writing.
(4) These General Terms and Conditions shall also apply in their current version to future business transactions between Evoparts24 and the customer without the need for further notification.
(5) Amendments or additions to these Terms and Conditions will be communicated to the customer in writing. They will be deemed accepted if the customer does not object in writing within two weeks of receipt. Evoparts24 will specifically draw attention to this in the notification of amendment.
For the interpretation of these terms and conditions, the German version shall prevail, even if translations of these terms and conditions of sale and delivery are provided to the customer or signed by the parties.
(1) These General Terms and Conditions govern the use of the B2B platform operated by Evoparts24.
Through this platform, business customers can, on the one hand, purchase technical components and industrial parts from the fields of mechanical engineering, electronics, hydraulics, pneumatics, and packaging technology, and on the other hand, obtain purely technical services from independent third-party companies in related technical fields.
(2) The platform enables registered customers or customers using it as a guest to search for products, request quotes and submit orders to Evoparts24. Furthermore, customers can upload their own bills of materials or product assemblies, which are automatically read by the AI component "Evobrain" and processed for quotation generation. Customers can also use the platform to request services, receive corresponding offers from external service providers, and – via Evoparts24's technical infrastructure – initiate a service contract with the respective service provider.
(3) The platform offers supplementary functions such as AI-supported offer analysis, real-time matching, and API integrations for system connectivity. The use of these functions is subject to technical availability and may be adjusted or restricted at any time.
(4) Evoparts24 operates the platform independently.
When selling goods, Evoparts24 acts in its own name and on its own account.
The goods are shipped directly by the respective supplier on behalf of Evoparts24 to the delivery address specified by the customer, using the so-called dropshipping model. The suppliers act independently, but are subject to the shipping and quality standards set by Evoparts24. No brokerage, commission or agent activity is carried out with regard to goods.
(5) The platform may also facilitate the provision of services by independent third-party companies. Evoparts24 acts solely as an intermediary in the conclusion of service contracts between the customer and the respective service provider. The contract for the provision of the service is concluded exclusively between the customer and the service provider.
Evoparts24 is not a contracting party in this process and is not responsible for the execution or success of the brokered service. Its brokerage service is limited to providing the platform, the technical transmission of offer and order data, and – where applicable – payment processing. The respective service provider is solely liable for the proper execution, quality, and legality of the service.
For brokered services, the relevant provisions of these terms and conditions also apply, unless they are exclusively tailored to the delivery of goods.
(1) The platform can generally be used without registration. Orders for goods or requests for services can be placed both as a registered customer and as a guest. However, a user account is required for certain functions (e.g., API access, automated bills of materials, quote history, order tracking).
(2) The customer is obligated to provide complete and truthful information during registration. Evoparts24 is entitled to refuse registrations or block existing access if there are reasonable doubts about the user's entrepreneurial status, identity, solvency, or reliability, or if the user violates the obligations of these Terms and Conditions.
(3) The customer must keep their login credentials (username, password, API token) confidential. Disclosure to third parties is prohibited. The customer is liable for all activities carried out via their user account, insofar as they are responsible for the unauthorized use.
(4) In the event of multiple incorrect password entries or suspected security breaches, access may be automatically blocked.
(5) The customer may use the information, product data, and supplier profiles provided via the platform exclusively for their own procurement purposes. The transfer, reproduction, or commercial use of the data (in particular dealer or price data) is prohibited.
(6) Evoparts24 reserves the right to modify functions, designs or performance components of the platform at any time, provided that this does not affect any essential contractual obligations.
(7) By registering, the customer agrees that all contract-related communications, in particular confirmations, notices and invoices, may be transmitted in electronic form.
(1) The products, technical data and prices displayed on the platform do not constitute a legally binding offer, but rather a non-binding invitation to the customer to submit an offer to conclude a purchase agreement.
(2) By submitting an order via the platform, the customer makes a binding offer to purchase the selected products. The customer is bound by their offer for a period of seven (7) working days after submission. If the end of this period falls on a Saturday, Sunday, or public holiday at Evoparts24's registered office, the binding period is extended until the end of the next working day.
(3) Evoparts24 may accept the offer within this period by express order confirmation in text form or by delivery of the goods. An automatically generated confirmation of receipt does not yet constitute acceptance of the offer, but merely documents the receipt of the order.
(4) Suggestions, price indications, or draft offers generated or displayed using the AI function "Evobrain" do not constitute a legally binding offer, but rather a non-binding invitation to the customer to submit an offer to conclude a purchase agreement. This automatically generated information serves solely as technical support for the preparation of the offer. A legally binding contract is only concluded when Evoparts24 expressly accepts the customer's offer in accordance with paragraph 3.
(5) The conclusion of the contract is subject to the correct and timely delivery to Evoparts24 by its respective suppliers. This reservation applies only if Evoparts24 has concluded a congruent hedging transaction and the non-delivery is not attributable to Evoparts24. If a product is permanently unavailable, the customer will be informed immediately; any payments already made will be refunded immediately.
(1) All prices are net, plus applicable statutory value added tax and any shipping, packaging and insurance costs. The prices valid at the time of ordering apply, unless expressly agreed otherwise in writing.
(2) The prices apply to the scope of services and delivery specified in the order confirmations. Additional or special services will be charged separately. Prices are quoted in euros.
(3) Unless otherwise agreed in writing, invoices are due for payment within 14 calendar days of the invoice date without deduction. The date of receipt of payment by Evoparts24 is decisive.
(4) The prices quoted by the respective service provider apply to services provided through Evoparts24. Evoparts24 does not set its own prices or calculate its own costs. Billing to the customer is handled exclusively by the respective service provider, who is solely responsible for issuing the invoice.
Evoparts24 does not issue invoices for services provided through Evoparts24 and therefore does not act as a service provider or representative of the service provider vis-à-vis the customer.
(6) Evoparts24 may receive a commission from the respective service provider for brokering services. This commission is part of the internal remuneration agreement between Evoparts24 and the service provider and is not shown separately to the customer.
(7) Payment is made at Evoparts24's discretion by prepayment, SEPA direct debit, credit card, or invoice after a credit check. Evoparts24 reserves the right to exclude certain payment methods. Invoices are sent electronically (PDF) via email; the customer expressly agrees to this form of invoicing.
(8) Evoparts24 is entitled to make deliveries only against advance payment, appropriate security (e.g. credit insurance, surety, bank guarantee) or against payment – especially in the case of new customers, justified doubts about solvency or in the case of default of payment from current or previous contractual relationships with the customer.
(9) The customer is only entitled to set-off or exercise rights of retention to the extent that his counterclaims have been legally established, are undisputed or are ready for adjudication. Furthermore, the assertion of rights of retention is only permissible insofar as it is based on the same contractual relationship.
(10) Evoparts24 is entitled to adjust prices for recurring services or modular platform services (e.g., API or AI functions) annually, particularly in the event of increased procurement, personnel, or energy costs. Price changes will be communicated in writing at least four weeks before they take effect; in this case, the customer may terminate the contract effective upon the change taking effect.
(1) Delivery is carried out by Evoparts24 or by logistics or distribution partners commissioned by Evoparts24. Disclosure of the origin of shipment or the partners used is generally not provided. However, if this is necessary for asserting warranty, guarantee, or product liability claims, Evoparts24 will provide the customer with the necessary information (e.g., manufacturer or supplier) to a reasonable extent upon request. The transfer of risk is decisive upon handover of the goods to the carrier, freight forwarder, or any other person designated to carry out the shipment, § 447 of the German Civil Code (BGB). This also applies to carriage-paid deliveries. Delivery times are non-binding.
(2) Under the dropshipping model, shipping is handled directly by the respective supplier. Evoparts24 does not conduct its own incoming goods inspection. The customer is obligated to inspect the goods immediately upon receipt; details regarding the obligation to inspect and report defects are set out in Section 9 of these Terms and Conditions.
(3) Transport insurance will only be taken out at the express request and expense of the customer.
(4) Delivery deadlines are only binding if they have been expressly confirmed in writing by Evoparts24. Unforeseeable events, force majeure, and disruptions in delivery or operations at Evoparts24 or its suppliers extend agreed delivery times by the duration of the disruption. Force majeure includes, in particular, events beyond the control of Evoparts24 that cannot be prevented despite exercising reasonable care. These include, but are not limited to:
(5) In the case of agreed prepayment, delivery/shipping periods begin upon receipt of payment of the full purchase price including VAT and shipping costs; in the case of delivery on account, upon conclusion of the contract. If the execution of the delivery requires the customer's cooperation – in particular the provision of documents, permits, technical specifications or the clarification of other issues relevant to the delivery – the delivery period only begins once the customer has fully performed the necessary cooperation.
(6) If delivery is delayed due to circumstances beyond our control, in particular in the event of temporary non-delivery by suppliers or shipping service providers, delivery periods shall be extended by the period of delay plus three (3) working days, but not exceeding a total of four (4) weeks.
(7) Evoparts24 is entitled to make partial deliveries, provided these are reasonable for the customer and the delivery of the remaining quantity is ensured. Each partial delivery shall be considered a separate transaction.
(8) For goods that are in stock or available at short notice, Evoparts24 is entitled to sell the goods elsewhere until payment is received. In this case, delivery will be made "while stocks last". The customer will be informed of this and may request a refund of any payments already made.
(9) If the goods are permanently unavailable through no fault of Evoparts24, Evoparts24 is entitled to withdraw from the contract; any payments already made will be refunded immediately.
(10) If the customer defaults on acceptance or breaches other obligations to cooperate, Evoparts24 is entitled to claim compensation for the resulting additional expenses (e.g., storage costs, return transport). Upon the occurrence of default on acceptance, the risk of accidental loss passes to the customer.
(1) The delivered goods remain the property of Evoparts24 until all claims arising from the business relationship have been paid in full.
(2) The customer shall immediately notify Evoparts24 in writing of any third-party access to the goods subject to retention of title – in particular attachments or other enforcement measures. The customer must provide Evoparts24 with all documents necessary to protect its ownership rights and inform third parties of Evoparts24's ownership.
If the customer breaches the contract – particularly in the case of late payment – Evoparts24 is entitled, after setting a reasonable deadline without success, to repossess the goods subject to retention of title. The customer shall bear the resulting transport costs. Evoparts24's repossession of the goods constitutes a withdrawal from the contract. The same applies if Evoparts24 seizes the goods subject to retention of title.
Evoparts24 is entitled to dispose of any returned or seized goods subject to retention of title. The proceeds from the disposal, after deduction of reasonable disposal costs, will be credited against Evoparts24's existing claims against the customer.
(3) If the security value of the assigned claims exceeds Evoparts24's claims by more than 20%, Evoparts24 shall release corresponding security upon request.
(4) The customer shall treat the goods subject to retention of title with care. He must insure them at his own expense against fire, water, and theft damage for their full replacement value. If maintenance or inspection work becomes necessary, the customer must carry it out promptly at his own expense.
(5) In the event of third-party access – in particular by bailiffs – to the goods subject to retention of title, the customer shall indicate our ownership and notify us immediately so that we can enforce our ownership rights.
(6) Any processing or transformation of the goods subject to retention of title by the customer shall always be carried out in the name and on behalf of Evoparts24. Evoparts24 thereby acquires direct ownership or – if the processing is carried out with goods of third parties – co-ownership of the new item in proportion to the value of the goods subject to retention of title (final invoice amount including VAT) to the other processed items at the time of processing.
If the goods subject to retention of title are inseparably combined or mixed with other items not belonging to Evoparts24, Evoparts24 acquires co-ownership of the new item in proportion to the value of the goods subject to retention of title to the value of the other combined or mixed items at the time of combination or mixing.
If the combination or mixing occurs in such a way that the customer's item is considered the principal component, the customer hereby transfers proportionate co-ownership of the new item to Evoparts24. Evoparts24 accepts this transfer.
The customer holds the sole or joint ownership of Evoparts24 free of charge.
(1) The place of performance for deliveries is the place where the goods are handed over to the first carrier, freight forwarder or other person designated to carry out the shipment. Depending on the product and supply chain, this may be the warehouse or factory of a supplier, manufacturer or logistics partner commissioned by Evoparts24.
(2) The selection of the shipping or collection location is at the discretion of Evoparts24. Disclosure of the specific shipping origin is not required.
(3) The place of performance for all payment obligations of the customer is the registered office of Evoparts24 in Wiehl.
(1) The statutory provisions of Sections 433 et seq. of the German Civil Code (BGB) shall apply, unless otherwise stipulated below.
(2) The customer is obligated to inspect the delivered goods immediately upon receipt for defects, discrepancies, or shortages in accordance with Section 377 of the German Commercial Code (HGB) and to notify the customer of any complaints in writing without delay, but no later than five (5) working days after delivery. Latent defects must be reported in writing without delay, but no later than 14 days after discovery. If a defect is not reported within the specified time, the goods are deemed accepted.
(3) In the case of justified complaints regarding defects, Evoparts24 will, at its own discretion, arrange for repair or replacement by the respective supplier or refund the purchase price. Returns may only be made with prior authorization from Evoparts24. The customer will receive a return address or return label for this purpose. Returns sent freight collect or without prior authorization will not be accepted.
(4) Refunds or credit notes will only be issued after receipt and successful inspection of the returned goods. Evoparts24 is entitled to withhold repayment until a replacement delivery has been made or the matter has been clarified. Returns as a gesture of goodwill, outside of justified complaints, require the express written consent of Evoparts24.
(5) Minor deviations in quality, dimensions, color, weight, or design that are customary in the trade, technically necessary, or reasonable are not considered defects and do not give rise to any warranty rights. The same applies to deviations that are attributable to product-specific tolerances or changes made by the manufacturer. Unless expressly agreed otherwise, over- or under-deliveries of up to 10% of the ordered quantity or number of units are customary and permissible in the trade. In this case, the quantity actually delivered will be invoiced.
(6) The customer's recourse claims pursuant to Section 478 of the German Civil Code (BGB) exist only to the extent that Evoparts24 itself can successfully assert a corresponding claim against its respective supplier. In such a case, Evoparts24 will make every effort to enforce any claims against the upstream supplier. Further recourse claims are excluded unless Evoparts24 is responsible for the breach of duty.
(7) Warranty claims of the customer shall expire – subject to differing statutory provisions – within twelve (12) months of delivery of the goods or, where acceptance is required, from the date of acceptance. This does not apply to claims arising from intent, gross negligence, injury to life, body or health, or under the Product Liability Act. For products that, according to their customary use, are intended for use in a building and can cause defects in that building, the statutory limitation periods shall apply.
(1) Evoparts24 shall be liable without limitation for intent and gross negligence as well as for damages resulting from injury to life, body or health.
(2) In the event of a slightly negligent breach of essential contractual obligations (“cardinal obligations”), liability is limited to the foreseeable, typical contractual damage. Essential contractual obligations are those whose fulfillment is essential for the proper performance of the contract and on whose compliance the customer may regularly rely.
(3) Any further liability of Evoparts24 – regardless of the legal basis – is excluded. This applies in particular to lost profits, production downtime, loss of use, data loss or other indirect or consequential damages.
(4) The foregoing limitations of liability shall also apply in favor of the legal representatives, employees and agents of Evoparts24.
(5) The provisions of the Product Liability Act and mandatory statutory liability provisions remain unaffected.
(6) Evoparts24 shall not be liable for service disruptions caused by events of force majeure, in particular natural disasters, war, terrorist attacks, strikes, lockouts, power outages, failure of telecommunications networks or government orders.
(7) Evoparts24 shall not be liable for delivery delays or defects resulting from faulty or late delivery by the respective supplier, unless Evoparts24 is at fault.
(8) The respective service provider is solely liable for the proper performance of the services arranged. Evoparts24 is not liable for breaches of duty, defects, or damages related to the service, unless Evoparts24 has caused the faulty arrangement intentionally or through gross negligence.
(9) Evoparts24 assumes no liability for the accuracy, completeness, or timeliness of automatically generated data, suggestions, or evaluations (e.g., by the Evobrain AI). These serve solely to support the procurement process and do not replace individual verification by the customer.
(10) Evoparts24 shall only be liable for damages resulting from data loss if the damage could not have been avoided even with proper data backup in accordance with the state of the art.
(11) Claims for delay in delivery are limited – except in cases of intent/gross negligence – to 5% of the net order value of the delayed delivery.
(1) The assignment or pledging of claims or rights against Evoparts24 – in particular payment or warranty claims – by the customer to third parties is excluded without the express written consent of Evoparts24.
(2) Section 354a of the German Commercial Code (HGB) remains unaffected.
(3) Evoparts24 is entitled to assign or pledge claims against the customer to third parties (e.g. credit insurers, factoring or debt collection companies) at any time.
(1) Evoparts24 processes personal data exclusively in accordance with the General Data Protection Regulation (GDPR) and the relevant national data protection regulations.
(2) Insofar as Evoparts24 processes the customer's personal data for order processing, quotation preparation, payment processing, or the use of technical interfaces (e.g., API integration), this is done on the basis of Article 6(1)(b) GDPR (performance of a contract). If processing is carried out on behalf of the customer, this is done on the basis of a data processing agreement pursuant to Article 28 GDPR.
(3) In the context of brokering services, Evoparts24 transmits the customer's personal data (e.g., name, contact details, order details) to the respective service provider solely for the purpose of initiating and executing the brokered service contract. The service provider processes this data as an independent controller within the meaning of Article 4 No. 7 GDPR and is itself responsible for the lawfulness of its data processing.
(4) Further information on the type, scope and purpose of data processing by Evoparts24 as well as on the rights of data subjects (access, rectification, erasure, objection) can be found in the current privacy policy, available at www.evoparts24.com/datenschutz.
(1) All content, data, texts, descriptions, software components, graphics, logos, trademarks, databases, as well as the entire structure and functionality of the platform are subject to the copyright, trademark, database, or other intellectual property rights of Evoparts24 or the respective rights holders. All rights reserved.
(2) The customer receives a simple, non-exclusive, non-transferable and non-sublicensable right to use the platform and its functions solely within the scope of the contractually agreed purpose.
(3) Any reproduction, distribution, public dissemination, systematic evaluation (e.g. by scraping or data mining) or other commercial use of the provided content is prohibited without the prior written consent of Evoparts24.
(4) For provided software, SDKs, or API access, the customer receives a simple, non-transferable right of use for contractual use with the delivered products or services. Use beyond the contractual purpose, in particular for building competing systems, is prohibited.
(5) Reverse engineering, decompilation, decryption, modification, copying or other interventions in the source or object code are prohibited, unless expressly permitted by law. The source code will not be disclosed.
(6) The transfer or granting of rights of use to third parties requires the prior written consent of Evoparts24. Passing on access data to unauthorized third parties is prohibited.
(7) If the customer knows of or has reasonable grounds to suspect an infringement of intellectual property rights by a third party, he is obliged to inform Evoparts24 immediately.
(1) Evoparts24 is entitled to temporarily or permanently block customer accounts at any time if:
Evoparts24 may suspend access without prior notice if immediate action is necessary to prevent damage or ensure platform operation. The customer has no right to restoration or compensation.
(2) Both parties may terminate the user agreement at any time with 14 days' notice in writing. The right to terminate without notice for good cause remains unaffected.
(3) Existing supply or purchase contracts shall remain unaffected by termination or suspension; settlement shall be carried out in accordance with the existing contractual provisions.
(1) “Confidential Information” means all non-public information that Evoparts24 discloses directly or indirectly to the customer or that becomes known to the customer in the course of using the platform. This includes, in particular, technical, economic, and business information (e.g., product and price lists, terms and conditions, margins, sources of supply, algorithms/logics of the “Evobrain” functions, API specifications and tokens, system and process descriptions, roadmaps, non-public documents, offers, contract contents, log and usage data, as well as information about dropshipping/delivery partners and fulfillment processes), regardless of form, medium, or labeling.
(2) The customer undertakes to:
(3) The disclosure of confidential information is permitted to (i) professional advisors bound by confidentiality (tax/legal/IT advisors) and (ii) the customer's subcontractors, insofar as this is necessary for the performance of the contract and they have been contractually obligated in writing to maintain confidentiality at least to the extent of this provision. The customer remains responsible for their conduct.
(4) The obligations do not apply to information that the customer demonstrably provides:
In case (d), the customer shall inform Evoparts24 in writing – to the extent legally permissible – in advance about the scope and legal basis of the disclosure.
(5) Disclosure does not grant the customer any rights of use, protection, or exploitation of confidential information beyond the scope of the contract. At Evoparts24's request, the customer must return all tangible confidential information (including copies/backups) or – to the extent permitted – securely delete it and confirm the deletion in writing; statutory retention obligations remain unaffected.
(6) The customer is not entitled to disclose or use information about Evoparts24’s suppliers, manufacturers, logistics or fulfillment partners, or intercompany processes to circumvent the business relationship (prohibition of circumvention / “no circumvention”).
(7) The confidentiality obligations shall apply during the contractual relationship and for five (5) years after its termination; for information classified as trade secrets within the meaning of the Trade Secrets Act, the obligations shall apply indefinitely as long as a trade secret continues to exist.
(8) Evoparts24 is entitled, in the event of (threatened) infringements, to demand injunctive relief and the removal of the infringing material, as well as to assert claims under the German Trade Secrets Act (GeschGehG). Further claims (in particular, claims for damages) remain unaffected.
(9) If confidential information contains personal data, the data protection provisions of these Terms and Conditions and any data processing agreements concluded pursuant to Article 28 GDPR shall take precedence.
(10) The use of the name, logo or other identifying marks of Evoparts24 for advertising, reference or publication purposes requires the prior written consent of Evoparts24.
(1) The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Furthermore, reference rules of German private international law that would lead to the application of foreign legal norms or foreign jurisdictions are excluded, unless they are mandatory rules.
(2) The place of jurisdiction for all disputes arising from or in connection with these General Terms and Conditions or the contractual relationships based thereon shall be – to the extent legally permissible – the registered office of Evoparts24. However, Evoparts24 is also entitled to bring legal action against the customer at the customer's general place of jurisdiction.
(3) Contractual declarations may, to the extent permitted by law, be made in text form (e.g. by e-mail). Where the term "written" is used, text form is also permissible.
(4) Amendments or additions to this Agreement must be in writing, unless a stricter form is prescribed by law; this also applies to this Section 14(4).
(5) Should individual provisions of these Terms and Conditions be or become wholly or partially invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. In place of the invalid provision, a provision shall be deemed agreed upon which most closely approximates the economic purpose of the invalid provision. The same applies to any gaps in these Terms and Conditions.