General Terms and Conditions for Consumers (B2C) - ElaPorzellan
§ 1 SCOPE, CONTRACT LANGUAGE
(1) These terms and conditions apply to those between you and us, the operating company of ElaPorzellan.
VAT ID No .: DE 321827165
represented by: Sinem Öztürk
contracts concluded through this online shop.
(2) The language available for the conclusion of the contract is exclusively German.
§ 2 APPLICABLE LAW, MANDATORY CONSUMER PROTECTION REGULATIONS
The law of the Federal Republic of Germany applies, to the exclusion of the UN sales law, if
(a) you are habitually resident in Germany, or
(b) you are habitually resident in a country that is not a member of the European Union. In the event that you are habitually resident in a member state of the European Union, the applicability of German law also applies, whereby mandatory provisions of the state in which you have your habitual residence remain unaffected.
§ 3 CONCLUSION OF CONTRACT
(1) The presentation of the goods and services in our online shop is not a legally binding offer, but an invitation to order (invitatio ad offerendum). The contract is concluded in accordance with § 3 para. (2)
(2) By clicking the "Buy Now" button in the last step of the ordering process, you are making a binding offer to purchase the goods and / or services shown in the order overview. You will receive an order confirmation immediately after submitting the order. This informs you that the order has been received (confirmation of receipt). The purchase contract, i.e. the acceptance of your contract offer, comes into effect with the exception of the payment method "advance payment" and / or "PayPal" by sending the ordered goods. If we hand over the goods to a logistics service provider, you will receive a shipping confirmation, which also represents the acceptance of your contract offer.
If you choose the payment method prepayment, your contract offer will be accepted by sending you the confirmation of receipt. When selecting the PayPal payment method, the contract is concluded by clicking on the "Buy Now" button.
(3) If individual products are not available at the time of the order, we reserve the right to reject the customer's order.
(4) You can select goods and / or services to buy in our online shop by clicking on the corresponding button in a shopping cart. If you want to complete the order, go to the shopping cart, where you will be guided through the further ordering process. After selecting the items in the shopping cart and specifying all the necessary order and address data, the essential item details including costs incurred are summarized again. Up to this point you can correct your entries or refrain from the contract declaration. A binding offer within the meaning of paragraph 2 is only made after clicking the "Buy Now" button.
§ 4 NOTICE OF CORRECTION
As part of the ordering process, you first place the desired goods or services in the shopping cart. There you can change the desired quantity at any time or remove selected goods or services entirely. If you have stored goods or services there, clicking on the "Continue to address entry" button will take you to a page where you can enter your data and then select the shipping and payment method. In the "Your order progress" overview, you can check and, if necessary, change the billing and delivery address, shipping method and payment method. If you want to cancel the order process completely, you can simply close your browser window. Before clicking the "Buy now" button, you must confirm by ticking a checkbox that you have read and accepted these terms and conditions and that you have been informed about your right of withdrawal. After clicking the "Buy Now" confirmation button, your declaration becomes inding within the meaning of Section 3 (2) of these Terms and Conditions.
§ 6 TERMS OF PAYMENT
(1) We offer the following payment options:
- Prepayment - PayPal - Payment on collection
(2) The purchase price is due immediately upon conclusion of the contract, unless otherwise agreed below.
(3) With prepayment by bank transfer, payment is due within 10 days of receipt of the order confirmation, unless a later due date has been agreed.
(4) If you have selected PayPal as the payment method, payment will be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"). In this case, PayPal's terms and conditions also apply. These can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the conditions for payments without a PayPal account, can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
§ 7 RESERVATION OF OWNERSHIP
The goods remain our property until full payment.
§ 8 DELIVERY
We deliver the goods according to the agreements made with you. Any shipping costs incurred are listed in the product description and will be shown separately on the invoice.
§ 9 RIGHT OF WITHDRAWAL
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods. In order to exercise your right of withdrawal, you must inform us (elaPorzellan - Rigipsstraße 10 - 71083 Herrenberg-Validstein Tel. 07032-786128 - EMail: firstname.lastname@example.org) by means of a clear statement (e.g. a letter sent by post or e- Mail) about your decision to cancel this contract. You can use the attached sample cancellation form (see below), but this is not mandatory. If you make use of this option, we will send you a confirmation of receipt of such a revocation immediately (e.g. by e-mail). To meet the cancellation deadline, it is sufficient for you to send your communication regarding your right of cancellation before the cancellation period expires.
Consequences of cancellation
If you cancel this contract, we have made all payments we have received from you, including delivery costs (with the exception of the additional costs that result from the fact that you chose a different type of delivery than the cheapest standard delivery we offer have) to repay immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We can refuse the repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us immediately and in any event no later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send off the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the nature, properties and functionality of the goods.
Model withdrawal form
(If you want to cancel the contract, please fill out this form and send it back.)
- At [elaPorzellan - Rigipsstraße 10 - 71083 Herrenberg-Validstein TelNr. 07032-786128 - email: email@example.com]:
- I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*)
- Ordered on (*) / received on (*)
- Name of the consumer (s)
- Address of the consumer (s)
- Signature of the consumer (s) (only for notification on paper)
(*) Delete where inapplicable.
§ 10 LIMITATION OF LIABILITY
(1) We are liable for intent and gross negligence. Furthermore, we are liable for the negligent violation of obligations, the fulfillment of which enables the proper execution of the contract in the first place, the violation of which jeopardizes the achievement of the purpose of the contract and on the observance of which you as the customer can regularly rely. In the latter case, however, we are only liable for the foreseeable, contract-typical damage. We are not liable for the slightly negligent breach of obligations other than those mentioned in the previous sentences. The above disclaimers do not apply to injuries to life, limb and health. Liability under the Product Liability Act remains unaffected.
(2) According to the current state of the art, data communication via the Internet cannot be guaranteed to be error-free and / or available at all times. In this respect, we are not liable for the constant and uninterrupted availability of our online trading system
§ 11 FINAL PROVISIONS
(1) The terms and conditions here are complete and final. Changes and additions to these terms and conditions should be made in writing in order to avoid ambiguities or disputes between the parties about the respectively agreed contractual content.
(2) If you were domiciled or habitually resident in Germany at the time the contract was concluded and either moved from Germany at the time the action was brought or if your domicile or habitual residence is unknown at this time, the place of jurisdiction for all disputes is our registered office Company in Jena.
(3) We would like to point out that in addition to the ordinary legal process, you also have the option of an out-of-court settlement of disputes in accordance with Regulation (EU) No. 524/2013. Details can be found in Regulation (EU) No. 524/2013 and at the Internet address: https://ec.europa.eu/consumers/odr. Our email address is firstname.lastname@example.org. According to § 36 VSBG, we point out that we are not obliged to participate in an extrajudicial dispute settlement procedure before a consumer arbitration board.
(4) Should individual provisions of this contract be ineffective, this does not affect the rest of the contract.