General Terms and Conditions and Customer information
Please note that these general terms and conditions of trade are a translation and only serve the purpose of providing information. Solely the German original, which you can see here, is legally binding.
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Hans Gierlich, acting under "eltima electronic" (hereinafter referred to as "seller"), shall apply to all contracts for the delivery of goods by a consumer or trader (hereinafter referred to as "customer") with with regard to the goods presented by the seller in his online store.
Hereby the inclusion of own conditions of the customer is contradicted, unless it is agreed otherwise.
1.2 Consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity can be attributed. Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership, which acts in the execution of a legal transaction in the exercise of their commercial or independent professional activity.
2. Conclusion of contract
2.1 The product descriptions contained in the online shop of the seller do not constitute binding offers by the seller, but serve to make a binding offer by the customer. The customer may submit the offer via the online order form integrated in the online shop of the seller. In this case, after the customer has placed the selected goods in the virtual shopping cart and has gone through the electronic ordering process, by clicking on the button concluding the ordering process, the customer submits a legally binding contract offer in relation to the goods contained in the shopping cart. Furthermore, the customer may submit the offer to the seller by telephone, e-mail or online contact form.
2.3 The seller may accept the offer of the customer within five days
- by sending to the customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation at the customer is authoritative,
- or by delivering the ordered goods, in which case the access of the goods at the customer is authoritative,
- or by requesting the customer for payment.
If there is more than one of the above alternatives, the contract comes into effect at the time when one of the aforementioned alternatives occurs first. The deadline for the acceptance of the offer begins to run on the day after the submission of the offer by the customer and ends with the expiry of the fifth day, which follows the dispatch of the offer. If the seller does not accept the offer of the customer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
2.4 When placing an offer via the online order form of the seller, the contract text will be stored by the seller and sent to the customer after sending his order in addition to the present terms and conditions in writing (eg e-mail, fax or letter). However, the contract text can not be retrieved by the customer after sending his order via the seller's website.
2.5 Before placing the order on the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. As part of the electronic ordering process, the customer can correct his input via the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
2.6 For the conclusion of the contract the German and the English language are available.
2.7 The order processing and contact usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address specified by him for processing the order is correct, so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned with the order processing can be delivered.
3. Right of revocation
3.1 Consumers are generally entitled to a right of revocation.
3.2 Further information on the right of revocation results from the revocation instruction of the seller.
3.3 The right of withdrawal does not apply to consumers who, at the time of the conclusion of the contract, do not belong to any Member State of the European Union and whose sole domicile and delivery address are outside the European Union at the time of the conclusion of the contract. Exceptions are Switzerland and Norway.
4. Prices and Terms of Payment
4.1 Unless stated otherwise in the product description of the seller, the prices quoted are total prices that includes the legal value added tax. If necessary, additional delivery and shipping costs are specified separately in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, further costs may be incurred in individual cases, which the seller is not responsible for and which must be borne by the customer. This may include, for example, costs for the money transfer by credit institutions (e.g. bank transfer fees, exchange fees) or legal import duties or taxes (e.g. customs duties). Such costs may be incurred in relation to the transfer of funds even if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option/s is/are communicated to the customers in the online shop of the seller.
4.4 If advance payment by bank transfer has been agreed, the payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.
5. Delivery and Shipping Conditions
5.1 The delivery of goods takes place on the dispatch route to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing of the seller is decisive.
5.2 If the transport company sends the goods back to the seller, because a delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipping. This does not apply if the customer exercises his right of withdrawal effectively, if he is not responsible for the circumstance that led to the impossibility of delivery, or if he was temporarily prevented from accepting the service offered, unless the seller announced the shipping a reasonable time in advance.
5.3 In the case of pickup, the seller informs the customer by e-mail that the goods ordered by him are ready for pickup.
Upon receipt of this e-mail, the customer may pick up the goods after consultation with the seller at the seller's domicile.
In this case, no shipping costs will be charged.
6. Retention of title
If the seller steps in advance, he reserves the ownership of the delivered goods until full payment of the purchase price owed.????
7. Liability for defects (warranty)
7.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
7.2 The customer is requested to claim delivered goods with obvious transport damage to the deliverer and to inform the seller thereof. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.
8. Applicable Law
8.1 The laws of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws governing the international purchase of movable goods. For consumers, this choice of law applies only 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.
8.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who, at the time of conclusion of the contract, do not belong to any Member State of the European Union and whose sole domicile and delivery address are outside the European Union at the time of conclusion of the contract.
9. Alternative Dispute Resolution
9.1 The EU Commission provides a platform for online dispute resolution in the Internet under the following link: https://ec.europa.eu/consumers/odr. This platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts, in which a consumer is involved.
9.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.