General Terms and Conditions (GTC)

General Terms and Conditions with Customer Information

1. Scope
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Conditions
6. Contract Duration and Termination in Subscription Contracts
7. Retention of Title
8. Liability for Defects (Warranty)
9. Redemption of Promotional Vouchers
10. Redemption of Gift Vouchers
11. Applicable Law
12. Alternative Dispute Resolution

1. Scope

1.1 These General Terms and Conditions (“GTC”) of Eleganto.eu | Michael Steinweber, Petzlberg 2, 84571 Reischach, info[youknowit]eleganto.eu (hereinafter “Seller”) apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter “Customer”) and the Seller regarding the goods presented in the Seller’s online shop. Any inclusion of the Customer’s own terms is hereby excluded unless otherwise agreed.

1.2 For contracts for the delivery of goods with digital elements, these GTC shall apply accordingly, unless otherwise stipulated. In such cases, the Seller is obliged not only to deliver the goods but also to provide digital content or digital services (hereinafter “Digital Products”) that are contained in or associated with the goods in such a way that the goods cannot fulfill their functions without them.

1.3 For contracts for the delivery of vouchers, these GTC shall apply accordingly, unless otherwise stipulated.

1.4 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly not attributable to their commercial or independent professional activity.

1.5 An entrepreneur within the meaning of these GTC is any natural or legal person or a legally capable partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

1.6 The subject matter of the contract may – depending on the Seller’s product description – be either the procurement of goods by way of a one-time delivery or the procurement of goods by way of continuous delivery (hereinafter “Subscription Contract”). In the case of a Subscription Contract, the Seller undertakes to deliver the contractually owed goods to the Customer for the duration of the agreed contract term at the contractually agreed intervals.

2. Conclusion of Contract

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers by the Seller but serve as an invitation for the Customer to submit a binding offer.

2.2 The Customer may submit the offer using the online order form integrated into the Seller’s online shop. By placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer, by clicking the button that finalizes the order process, submits a legally binding contractual offer with respect to the goods in the shopping cart. Furthermore, the Customer may also submit the offer via email, fax, online contact form, postal mail, or telephone.

2.3 The Seller may accept the Customer’s offer within five days by either:

– Sending the Customer a written order confirmation or an order confirmation in text form (fax or email), where the receipt of the order confirmation by the Customer is decisive, or
– Delivering the ordered goods to the Customer, where the receipt of the goods by the Customer is decisive, or
– Requesting payment from the Customer after the order is placed.

If several of the aforementioned alternatives occur, the contract is concluded at the time when the first of these alternatives occurs. The acceptance period begins on the day following the dispatch of the offer by the Customer and ends at the expiration of the fifth day following the dispatch. If the Seller does not accept the Customer’s offer within this period, it shall be deemed a rejection, whereby the Customer is no longer bound by their declaration of intent.

2.4 When selecting a payment method offered by PayPal, the payment processing is carried out 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”), subject to the PayPal User Agreement (available 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 (available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full). If the Customer pays using a payment method offered by PayPal during the online ordering process, the Seller hereby accepts the Customer’s offer at the moment the Customer clicks the button that finalizes the ordering process.

2.5 When selecting the payment method “Amazon Payments,” the payment processing is carried out via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter “Amazon”), subject to the Amazon Payments Europe User Agreement (available at https://payments.amazon.de/help/201751590). If the Customer selects “Amazon Payments” as the payment method during the online ordering process, by clicking the button that finalizes the ordering process, they simultaneously issue a payment order to Amazon. In this case, the Seller hereby accepts the Customer’s offer at the moment the Customer triggers the payment process by clicking the finalization button.

2.6 When an offer is submitted via the Seller’s online order form, the Seller stores the contract text after the contract is concluded and sends it to the Customer in text form (e.g., email, fax, or letter) after the Customer has submitted their order. No further provision of the contract text by the Seller is made. If the Customer has created a user account in the Seller’s online shop before submitting their order, the order data will be archived on the Seller’s website and can be retrieved free of charge by the Customer via their password-protected user account using the corresponding login details.

2.7 Before the Customer submits their order via the Seller’s online order form, any input errors can be detected by carefully reading the information displayed on the screen. A useful technical means for better detection of input errors can be the browser’s zoom function, which enlarges the display on the screen. The Customer can correct their inputs during the electronic ordering process using the usual keyboard and mouse functions until they click the button that finalizes the ordering process.

2.8 For the conclusion of the contract, both the German and the English language are available.

2.9 Order processing and contact are generally carried out via email and automated order processing. The Customer must ensure that the email address provided for order processing is correct so that emails sent by the Seller can be received at that address. In particular, if spam filters are used, the Customer must ensure that all emails sent by the Seller or by any third party commissioned by the Seller for order processing can be delivered.

3. Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information regarding the right of withdrawal can be found in the Seller’s withdrawal instruction.

3.3 The right of withdrawal does not apply to consumers who, at the time of the contract conclusion, do not belong to a member state of the European Union and whose sole residence and delivery address at that time are located outside the European Union.

4. Prices and Payment Terms

4.1 Unless otherwise specified in the Seller’s product description, the prices stated are total prices including the statutory VAT. Any additional delivery and shipping costs will be specified separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases, which the Seller is not responsible for and which must be borne by the Customer. These include, for example, bank transfer fees (e.g., transfer fees, exchange rate fees) or import duties/taxes (e.g., customs duties). Such costs may also arise for money transfers even if the delivery does not take place to a country outside the European Union but the Customer makes the payment from a country outside the European Union.

4.3 The available payment option(s) will be communicated to the Customer in the Seller’s online shop.

4.4 If advance payment by bank transfer is agreed, payment is due immediately after the conclusion of the contract, unless a later due date has been agreed upon by the parties.

4.5 When selecting a payment method offered via the payment service “PayPal,” payment processing is carried out via PayPal, which may also utilize the services of third-party payment providers. If the Seller also offers payment methods via PayPal in which the Seller advances payment to the Customer (e.g., invoice purchase or installment payment), the Seller assigns its payment claim to PayPal or to the payment service provider specifically designated by PayPal on behalf of the Customer. Prior to accepting the assignment declaration of the Seller, PayPal or the commissioned payment service provider conducts a credit check using the transmitted customer data. The Seller reserves the right to refuse the selected payment method to the Customer in the event of a negative credit check. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or in the agreed intervals. In this case, the Customer may only make payments to PayPal or the designated payment service provider with the effect of discharging the debt. However, even in the event of an assignment of the claim, the Seller remains responsible for general customer inquiries, for example regarding the goods, delivery time, shipping, returns, complaints, withdrawal declarations and returns, or credit notes.

4.6 When selecting a payment method offered via the payment service “Stripe,” payment processing is carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). The individual payment methods offered via Stripe will be communicated to the Customer in the Seller’s online shop. To process payments, Stripe may use additional payment services for which special payment conditions may apply and which will be communicated separately to the Customer if applicable. Further information on Stripe is available online at https://stripe.com/de.

5. Delivery and Shipping Conditions

5.1 If the Seller offers delivery of goods, the delivery is made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. For the processing of the transaction, the delivery address specified in the Seller’s order process is decisive.

5.2 For goods delivered by freight forwarders, delivery is made “free curbside,” i.e. up to the public curb closest to the delivery address, unless otherwise indicated in the shipping information in the Seller’s online shop and unless otherwise agreed.

5.3 If delivery of the goods fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply with respect to delivery costs if the Customer effectively exercises their right of withdrawal. For the return shipping costs, the regulation provided in the Seller’s withdrawal instruction shall apply in the event of the effective exercise of the right of withdrawal by the Customer.

5.4 If the Customer acts as an entrepreneur, the risk of accidental loss or accidental deterioration of the sold goods passes to the Customer as soon as the Seller delivers the goods to the freight forwarder, carrier, or other person or institution designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss or accidental deterioration of the sold goods generally passes to the Customer only upon delivery of the goods to the Customer or to a person authorized to receive them. Notwithstanding the foregoing, for consumers the risk may pass as soon as the Seller delivers the goods to the designated freight forwarder, carrier, or other person or institution, if the Customer has commissioned such service and the Seller has not previously named this service provider.

5.5 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only if non-delivery is not attributable to the Seller and the Seller has concluded a specific counter-contract with the supplier with due diligence. The Seller will make all reasonable efforts to procure the goods. In the event of unavailability or partial availability of the goods, the Customer will be informed immediately and any payment made will be refunded immediately.

5.6 If the Seller offers the goods for collection, the Customer may collect the ordered goods within the business hours specified by the Seller at the address provided by the Seller. In this case, no shipping costs will be charged.

5.7 Vouchers are provided to the Customer as follows:
– by email
– by post

6. Contract Duration and Termination in Subscription Contracts

6.1 The right to extraordinary termination for good cause remains unaffected. A good cause exists if, considering all circumstances of the individual case and balancing the interests of both parties, the continuation of the contractual relationship until the agreed termination or until the expiration of a notice period is unreasonable for the terminating party.

6.2 Terminations must be submitted in writing or in text form (e.g., by email).

7. Retention of Title

If the Seller advances performance, ownership of the delivered goods is retained until full payment of the purchase price is received.

8. Liability for Defects (Warranty)

8.1 Unless otherwise stated in the following provisions, the statutory warranty provisions apply. Notwithstanding the foregoing, for contracts for the delivery of goods:

8.2 If the Customer acts as an entrepreneur:
– The Seller may choose the method of subsequent performance;
– For new goods, the limitation period for defects is one year from delivery;
– For used goods, rights and claims regarding defects are excluded;
– The limitation period does not restart if a replacement delivery is made under warranty.

8.3 The above limitations of liability and reductions in time limits do not apply:
– To claims for damages and reimbursement of expenses by the Customer,
– In cases where the Seller has fraudulently concealed the defect,
– For goods that, in accordance with their usual purpose, have been used in the construction of a building and have caused its defectiveness,
– To any existing obligation of the Seller to provide updates for digital products in contracts for the delivery of goods with digital elements.

8.4 Furthermore, for entrepreneurs the statutory limitation periods for any statutory recourse claims remain unaffected.

8.5 If the Customer acts as a merchant within the meaning of § 1 HGB, the Customer is subject to the commercial duty to examine and notify defects according to § 377 HGB. If the Customer fails to comply with the notification obligations, the goods are deemed approved.

8.6 If the Customer acts as a consumer, they are requested to report any delivered goods with obvious transport damage to the carrier and notify the Seller. Failure to do so shall not affect the Customer’s statutory or contractual warranty claims.

9. Redemption of Promotional Vouchers

9.1 Promotional vouchers that are issued free of charge by the Seller as part of promotional campaigns with a specified validity period and that cannot be purchased by the Customer (hereinafter “Promotional Vouchers”) can only be redeemed in the Seller’s online shop and only within the specified period.

9.2 Individual products may be excluded from the voucher promotion if a corresponding limitation is stipulated in the promotional voucher.

9.3 Promotional vouchers can only be redeemed before the completion of the order process. A subsequent offsetting is not possible.

9.4 Only one promotional voucher may be redeemed per order.

9.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the Seller.

9.6 If the value of the promotional voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be used to pay the difference.

9.7 The balance of a promotional voucher will neither be paid out in cash nor accrue interest.

9.8 The promotional voucher will not be refunded if the Customer returns the goods, in whole or in part, that were paid for using the promotional voucher within the statutory right of withdrawal.

9.9 The promotional voucher is transferable. The Seller may, with discharge of liability, provide the goods to the respective holder who redeems the promotional voucher in the Seller’s online shop. This does not apply if the Seller is aware, or grossly negligently unaware, of the holder’s ineligibility, incapacity, or lack of authorization.

10. Redemption of Gift Vouchers

10.1 Gift vouchers that can be purchased via the Seller’s online shop (hereinafter “Gift Vouchers”) can only be redeemed in the Seller’s online shop, unless otherwise stated in the voucher.

10.2 Gift vouchers and any remaining balance on gift vouchers can be redeemed until the end of the third year following the year of purchase. Any remaining balance will be credited to the Customer until the expiration date.

10.3 Gift vouchers can only be redeemed before the completion of the order process. A subsequent offsetting is not possible.

10.4 Only one gift voucher may be redeemed per order.

10.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.

10.6 If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be used to pay the difference.

10.7 The balance of a gift voucher will neither be paid out in cash nor accrue interest.

10.8 The gift voucher is transferable. The Seller may, with discharge of liability, provide the goods to the respective holder who redeems the gift voucher in the Seller’s online shop. This does not apply if the Seller is aware, or grossly negligently unaware, of the holder’s ineligibility, incapacity, or lack of authorization.

11. Applicable Law

11.1 For all legal relationships between the parties, the law of the Federal Republic of Germany applies, excluding the provisions on the international sale of movable goods. For consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence is not withdrawn.

11.2 Furthermore, this choice of law does not apply with regard to the statutory right of withdrawal for consumers who, at the time of the contract conclusion, do not belong to a member state of the European Union and whose sole residence and delivery address are located outside the European Union.

12. Alternative Dispute Resolution

12.1 The EU Commission provides an online dispute resolution platform at the following link: https://ec.europa.eu/consumers/odr. This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

12.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.