General Business Terms and Conditions of the company ELMPIRE GmbH

  • 1 VALIDITY VIS-À-VIS ENTREPRENEURS AND DEFINITION OF TERMS

(1) The following general business terms and conditions are valid for all deliveries made by us to consumers, in the version valid at the time of placing the order.

(2) In these business terms and conditions, the term “consumer“ refers to any natural person who concludes a legal transaction that cannot be attributed to their commercial or independent professional activity.

  • 2 CONCLUSION OF A CONTRACT, STORAGE OF THE CONTRACT TEXT

(1) The following provisions regarding the conclusion of a contract apply for orders placed via our online store https://element-flair.com .

(2) In the event of conclusion of a contract, said contract is concluded with

ELMPIRE GmbH

Suedliche Hauptstr. 15

D-83700 Rottach-Egern

Business register number HRB 211419

Register court Munich.

(3) The presentation of the goods in our online store does not constitute a legally binding offer on our part, but represents a non-binding invitation to the consumer to order merchandise. On placing an order for the desired goods, the consumer submits a binding offer to enter into a purchase agreement.

(4) The following provisions apply on receipt of an order placed in our online store: The consumer submits a binding offer to enter into a contract by successfully completing the ordering procedure provided in our online store.

Orders are placed as follows:

1) Selection of the desired goods

2) See selected items by clicking the button “view cart”

3) Verification of the selected items by clicking the button  ”Proceed checkout“

4) Entry of the shipping details (shipping information) and billing information and click “Proceed to PayPal”

5) Renewed verification and if necessary correction of each data entry

6) Placing of a binding order by clicking the button “Buy”

7) Select payment method PayPal or credit card

After checking their entries and before sending a binding order, consumers can return to the internet page with their customer data by pressing the “Back“ key in their internet browser. They can then correct the data entered or abort the order process by closing the browser window. We confirm the receipt of an order immediately via an automatically generated e-mail (“order confirmation “). This e-mail confirms that we have accepted your offer.

(5) Storage of the contract text in the case of orders placed via our online store: We will send you the order data and our General Business Terms and Conditions by e-mail. Our General Business Terms and Conditions are also available online at https://element-flair.com/agb.html. For security reasons, your order data are no longer accessible online.

  • 3 PRICES, SHIPPING COSTS, PAYMENT, DUE DATE

(1) The prices quoted do not include the statutory sales tax or any shipping costs that may apply.

(2) The consumer has the option of effecting payment by PayPal or credit card (Visa, Mastercard, American Express ) .

  • 4 DELIVERY

(1) Unless expressly stated otherwise in the product description, all items offered by us can be shipped immediately.

  • 5 RETENTION OF TITLE

We retain the title to all goods until the purchase price has been paid in full.

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  • 6 RIGHT OF RETURN

Instructions on the return of goods

Right of return

You can return the goods received without stating any reason by sending them back within 14 days. The period begins on receipt of these instructions in text form (e.g. in a letter, fax, e-mail), but not before the goods have reached the consignee (in the case of recurring deliveries of similar goods, not before receipt of the first part-delivery) and also not before fulfillment of our obligation to provide information as defined in Article 246 § 2 in conjunction with § 1 par. 1 and 2 EGBGB and our obligations under § 312g par. 1 sentence 1 of the BGB in conjunction with Article 246 § 3 EGBGB. Only in the case of goods that cannot be dispatched as a parcel (e.g. bulky goods) can you return the goods by sending a request for return in text form. Dispatch of the goods or the request for return within the stipulated period will be deemed sufficient. In any case, goods are returned at our cost and risk.

The goods must be returned or the request for return sent to:

ELMPIRE GmbH

Suedliche Hauptstr. 15

D-83700 Rottach – Egern

E-mail info@element-flair.com

Consequences of the return of goods

In the case of returns accepted by us, any payments or services provided by either party must be returned and any profit drawn surrendered. In the case of deterioration of the item and profits (e.g. benefits of use) that cannot be surrendered or can only be surrendered in part or only in deteriorated condition, you are under obligation to compensate us accordingly for the depreciation in value. You are only under obligation to reimburse us for the deterioration of the item in as far as said deterioration is due to handling of the item above and beyond verification of its characteristics and functionality. ‘Verification of its characteristics and functionality’ is understood to refer to the testing and trying out of the respective merchandise as is possible and customary, for example, in stores. Obligations to reimburse payments must be met within 30 days. For you, this period begins with dispatch of the goods or the request for return, for us on receipt of the goods.

End of the instructions on returning goods

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  • 7 CONTRACT LANGUAGE

The contract is available exclusively in German.

STATUS OF THE GENERAL BUSINESS TERMS AND CONDITIONS MAY.2014