Conditions
TERMS AND CONDITIONS WITH CUSTOMER INFORMATION
1. Scope
2. Conclusion of contract
3. Prices and payment terms
4. Delivery and shipping conditions
5. Right of withdrawal
6. Retention of title
7. Liability for defects
8. Redeeming promotional vouchers
9. Applicable Law
10. Information on online dispute resolution
1. Scope
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of "Elke Gross" (hereinafter referred to as "Seller") apply to all contracts that a consumer or entrepreneur (hereinafter referred to as "Customer") enters into with the seller about the terms and conditions specified by the seller in his Goods offered online shop closes. The inclusion of the customer's own conditions is contradicted unless otherwise agreed.
1.2 A consumer is any natural person who concludes a legal transaction for a purpose that cannot predominantly be attributed to either their commercial or independent professional activity.
1.3 An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2. Conclusion of contract
2.1 The presentation of the goods, particularly in the online shop, does not constitute a binding offer from the seller.
2.2 First, the customer places the selected goods in the shopping cart. In the next step, the ordering process begins, in which all the data required for order processing is recorded.
At the end of the ordering process, a summary of the order and contract data appears. Only after confirming this order and contract data by clicking on the button that completes the ordering process does the customer make a binding offer to purchase the goods contained in the shopping cart.
The customer can also make this offer to the seller by fax, email, post or telephone.
2.3 The Seller accepts the Customer's offer through the following possible alternatives:
- Sending a written order confirmation or an order confirmation in text form (fax or email)
or
- Request for payment from the customer after placing the order
or
- Delivery of the ordered goods
The first alternative that occurs is decisive for the time of acceptance.
The period for accepting the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this constitutes rejection of the offer. The customer is then no longer bound to his declaration of intent.
2.4 If the payment method “Paypal Express” is selected, the payment is processed by the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “Paypal”). The Paypal user agreement applies, which can be accessed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or for customers without their own Paypal account: https://www.paypal. com/de/webapps/mpp/ua/privacywax-full.
If the customer selects the payment method “PayPal” or “PayPal Express” to pay for his purchase, he submits his offer by clicking on the button that completes the ordering process. If the customer simultaneously issues the payment order to PayPal by clicking on this button, the seller declares, in deviation from the above regulations, acceptance of the customer's offer at the time the payment order is issued.
2.5 The contract text of the contract concluded between the seller and the customer is saved by the seller. The contract text is stored on the seller's internal systems. The customer can view the general terms and conditions on this page at any time. The order data, the cancellation policy and the general terms and conditions will be sent to the customer by email. After completing the order, the contract text is accessible to the customer free of charge via their customer login, provided they have opened a customer account.
2.6 All entries made are displayed before clicking the order button and can be viewed by the customer before sending the order and corrected by pressing the browser's back button or the usual mouse and keyboard functions. In addition, if available, the customer has access to correction buttons that are labeled accordingly.
2.7 The contract language is German.
2.8 It is the customer's responsibility to provide a correct email address for contacting and processing the order, as well as to set the filter functions so that emails relating to this order can be delivered.
3. Prices and payment terms
3.1 The prices displayed are final prices including statutory sales tax, unless otherwise agreed.
If additional shipping costs apply, this can be found in the product description.
3.2 If delivery is made to non-EU countries, additional customs duties, taxes or fees may have to be paid by the customer to the relevant customs or tax authorities there or to credit institutions.
The customer is advised to check the details with the relevant establishments or authorities before ordering.
3.3 The customer can select the payment methods that are available in the online shop.
3.4 If payment is made in advance by bank transfer, payment is due immediately after conclusion of the contract, unless otherwise agreed.
3.5 When paying via “PayPal”, the payment is processed via PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg. Paypal’s terms of use apply. These can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
3.6 In collaboration with Klarna Bank AB (publ) https://www.klarna.com/de/, Sveavägen 46, 111 34 Stockholm, Sweden, the seller offers payment options via Klarna for Germany and Austria.
If selected by the customer, payment is made to Klarna:
• Instant bank transfer
• Direct debit
• Klarna invoice: When purchasing on account with Klarna, the customer receives the goods first. The payment period is 14 days. The customer can find the general terms and conditions for purchasing on account for deliveries to Germany here:
https://cdn.klarna.com/1.0/shared/content/legal/terms/407056/de_de/invoice?fee=0
and the customer can find the complete terms and conditions for purchasing on account for deliveries to Austria here:
https://cdn.klarna.com/1.0/shared/content/legal/terms/407056/de_at/invoice?fee=0.
• Klarna installment purchase (only available in Germany): the monthly installments are at least 1/24 of the total amount of the purchase (but at least EUR 6.95). The conditions otherwise stated in the checkout apply. The customer can find further information about Klarna installment purchase including the general terms and conditions and the European standard information for consumer credit here:
https://cdn.klarna.com/1.0/shared/content/legal/terms/407056/de_de/part_payment.
• Credit card (Visa/Mastercard/AmericanExpress)
The payment options are offered as part of Klarna Checkout. The customer can find further information and the terms of use for Klarna Checkout here:
for Germany: https://cdn.klarna.com/1.0/shared/content/legal/terms/407056/de_de/checkout
for Austria: https://cdn.klarna.com/1.0/shared/content/legal/terms/407056/de_at/checkout
General information about Klarna: https://www.klarna.com/de/.
The customer's personal information will be processed by Klarna in accordance with the applicable data protection regulations and in accordance with the information in the Klarna data protection regulations for Germany http://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/privacy / Austria http://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/privacy processed.
Note: Klarna is not responsible for fulfilling the seller's legal information obligations towards the customer. In particular, Klarna does not send the customer any information about the right of withdrawal for the contract between the dealer and the customer or any order confirmation. The seller remains responsible for fulfilling the legal obligations regarding the contractual relationship between the seller and the customer.
3.7 When paying via “SOFORT”, the payment is processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter “SOFORT”). In order to be able to use this payment method, the customer needs an online banking account with a PIN/TAN procedure that has been activated for participation in "SOFORT", with which he can authenticate himself accordingly during the payment process and confirm the payment instruction to "SOFORT". . The payment will be made by “SOFORT” immediately after the payment process has been completed and the customer’s bank account will be debited. Further information about the “SOFORT” payment method can be found on the Internet at https://www.klarna.com/sofort/.
4. Delivery and shipping conditions
4.1 Goods are delivered by shipping to the delivery address specified by the customer. Deviating from this, when paying via PayPal, the delivery address provided by the customer with PayPal at the time of payment is decisive.
4.2 If the seller incurs additional costs due to providing an incorrect delivery address or an incorrect addressee or other circumstances that lead to the impossibility of delivery, these must be reimbursed by the customer, unless the customer is not responsible for the incorrect information or impossibility. The same applies in the event that the customer was temporarily prevented from accepting the service, unless the seller gave him appropriate prior notice of the service. Excluded from this regulation are the shipping costs if the customer has effectively exercised his right of cancellation. Here, the legal regulation or the regulation made by the seller remains.
4.3 If self-collection has been agreed, the customer will be informed by the seller that the goods he has ordered are ready for collection. After receiving this email, the customer can pick up the goods at the seller's headquarters or at an agreed location after consultation with the seller. In this case there are no shipping costs.
4.4 Vouchers are provided to the customer in the following form:
*by email
*via download
*by post
5. Right of withdrawal
5.1 If the customer is a consumer, he or she generally has a right of withdrawal.
5.2 The seller's cancellation policy applies to the right of cancellation.
5.3 Consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded do not have the right of withdrawal.
6. Retention of title
If the seller makes advance payment, the goods remain the property of the seller until the purchase price has been paid in full.
7. Liability for defects
7.1 With regard to the warranty, the provisions of statutory liability for defects apply, unless otherwise agreed.
7.2 The customer is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. Non-compliance has no impact on the customer's legal or contractual claims for defects.
8. Redeeming promotional vouchers
8.1 Vouchers that the seller gives out free of charge as part of (promotional) campaigns with a specific period of validity and which the customer cannot purchase ("promotional vouchers") can only be redeemed in the seller's online shop and only within the period specified by the seller.
8.2 Individual products may be excluded from the voucher campaign.
The specific restrictions can be found in the promotional voucher if applicable.
8.3 Promotional vouchers can only be redeemed before completing the ordering process. There will be no subsequent billing.
8.4 Only one promotional voucher can be redeemed per order. It is not possible to redeem multiple promotional vouchers in one order.
8.5 The value of the goods in the respective order must be at least the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.
8.6 If the value of a promotional voucher is not sufficient to pay for the respective order, one of the other payment methods offered can be used to pay the difference.
8.7 The balance of a promotional voucher will neither be paid out nor interest.
8.8 The promotional voucher will also not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of his statutory right of withdrawal.
8.9 Promotional vouchers are generally transferable.
The seller can make payments with discharging effect to the customer who redeems the respective gift voucher. This does not apply if the seller has knowledge or grossly negligent ignorance of the possible lack of authorization, incapacity to do business or lack of authorization to represent the respective owner.
9. Applicable Law
9.1 The law of the Federal Republic of Germany applies, excluding the laws on the international purchase of movable goods.
The legal regulations regarding the restriction of the choice of law and the applicability of mandatory regulations, in particular the state in which the customer as a consumer has his habitual residence, remain unaffected.
9.2 This choice of law made here does not apply with regard to the statutory right of withdrawal for consumers if they do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address is outside the European Union at the time the contract is concluded.
10. Information on online dispute resolution
The EU Commission's online dispute resolution platform can be accessed on the Internet at the following link: https://ec.europa.eu/odr
We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
