Terms of service
§ 1 Scope of application, applicable law (1) Within the business contact between ELOBRA GmbH & Co. KG and you, the following General Terms and Conditions shall apply exclusively. (2) Other terms and conditions shall not apply, even if we do not separately object to their application in individual cases, unless their application is expressly agreed in writing. (3) These terms and conditions and the entire legal relationship between the contracting parties shall be governed by the law of the Federal Republic of Germany to the exclusion of international uniform law, in particular the UN Convention on Contracts for the International Sale of Goods. § 2 Time of the conclusion of the contract (1) The mere presentation of ELOBRA GmbH & Co. KG products in the online shop does not constitute a binding offer. (2) Only by clicking the button "Order subject to payment" do you place a binding order for the goods contained in the shopping basket. With the submission of the offer you are bound to it for a fortnight. Your possible right of revocation according to § 3 remains unaffected. (3) Your order confirmation will be sent by an automated e-mail from email@example.com. Acceptance is not yet declared with this confirmation, unless acceptance is also expressly included in the order confirmation. A contract is only concluded when we expressly accept your offer or send you the ordered goods. § 3 Right of withdrawal (1) If you are a consumer (i.e. a natural person who places an order for a purpose which is predominantly neither commercial nor self-employed), you have a right of cancellation in accordance with the statutory provisions. (2) With regard to this right of revocation, we provide you with the following (pre-formulated by the legislator) Cancellation policy You have the right to cancel this contract within 90 days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods. To exercise your right of withdrawal, you must notify us, ELOBRA GmbH & Co. KG, Zum Hohen Schacht 1a, 09618 Brand-Erbisdorf, e-mail: firstname.lastname@example.org, of your decision to revoke this contract by means of a clear declaration (e.g. a letter or e-mail sent by post). To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period. Consequences of the revocation If you cancel this contract, we will refund to you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest one offered by us).standard delivery) without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse 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 without delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall 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 condition, properties and functioning of the goods. § 4 Prices, payment, due date (1) All prices quoted in our online shop within the EU are gross prices including the statutory value added tax. For orders outside the EU, net prices are stated. Deliveries to an address outside the EU may be subject to import duties and taxes, which become due when the delivery reaches the delivery address. (2) Shipping costs are indicated in our price quotations in our online shop. The price including VAT and applicable shipping costs is also displayed in the order mask before you submit the order. (3) Payment can be made either in advance (bank transfer), by credit card, Apple Pay, PayPal or on account (credit check via Klarna). In the case of payment by bank transfer or invoice, the full amount must be received by us no later than fourteen days after conclusion of the contract. (4) The invoice will be sent by e-mail. § 5 Delivery (1) Delivery will be made from the warehouse of ELOBRA GmbH & Co. KG to the delivery address specified by you when placing the order. (2) We generally assume that delivery of the goods to addresses within the Federal Republic of Germany will take approx. 2 to 4 working days from conclusion of the contract, unless otherwise agreed or stated in the description in our online shop. (3) In the case of dispatch outside the Federal Republic of Germany and within Europe, delivery of goods available for immediate delivery regularly takes 5 - 7 working days according to our experience. Additional restrictions may result from information from our online shop. (4) Please note that all information on shipping or delivery is non-binding and does not represent any contractual assurances. (5) Should we at ELOBRA GmbH & Co. KG are unable to deliver your ordered goods through no fault of our own because our supplier fails to fulfil his contractual obligations for more than a short period of time, we shall be entitled to withdraw from the contract with you. In this case you will be informed of this immediately; any payments or other consideration already made will be refunded by us without delay. (6) Your other rights remain unaffected by this. § 6 Retention of title (1) The delivered goods remain the property of ELOBRA GmbH & Co. KG UNTIL PAYMENT IS MADE IN FULL. § 7 Warranty (1) ELOBRA GmbH & Co. KG grants a guarantee of 24 months from the conclusion of the contract on luminaires sold by us. This is in addition to the statutory warranty claims. (2) Within the warranty period, we shall remedy all defects in the luminaires free of charge, provided they are due to material and manufacturing defects. In such cases, please contact email@example.com. We will try to contact you as soon as possible and find a solution to your problem. (3) The guarantee does not apply to: - Damage of any kind to the illuminant, - damage caused by improper handling and accidents - soiling after conclusion of the contract. (4) The warranty is void in the event of any technical manipulation (in particular opening of the lamp or attempts at repair) by you or any other person not expressly authorised by us to do so. The warranty period is not extended by making a claim under the warranty. (5) If your ELORBA luminaire should show any defects, please submit your invoice as proof when making a claim. § 8 Liability for defects (1) Unless otherwise stipulated below, our liability for damages is limited to grossly negligent and intentional conduct, irrespective of the type of breach of duty and including tortious acts. (2) In the event of a breach of material contractual obligations, we shall be liable for any negligence, but only up to the amount of the damage foreseeable at the time of conclusion of the contract according to the type of order. (3) All limitations and exclusions of liability do not apply to claims arising from fraudulent conduct. Furthermore, they do not apply to liability for characteristics guaranteed by us and to claims under the Product Liability Act, nor to claims for damages arising from injury to life, limb or health. (4) Insofar as our liability is excluded or limited, this shall also apply to our employees, workers, (statutory or legal) representatives or vicarious agents. (5) If you assert a claim for subsequent performance, we shall fulfil this claim exclusively by way of replacement delivery. § 9 Other provisions (1) As far as permissible, the exclusive, including international, place of jurisdiction for legal actions against us shall be Freiberg. We shall be at liberty to take legal action against the customer at any other place. (2) Claims against us may only be assigned with our prior written consent. (3) Offsetting against claims by us is only permissible if your counterclaims have been legally established, are undisputed or have been recognised by us. In addition, you are also entitled to offset against our claims if you assert notices of defects or counterclaims from the same purchase contract. (4) You shall only be entitled to a right of retention if your counterclaim arises from the same purchase contract. (5) Legally relevant declarations and notifications to be made by you to us after conclusion of the contract (e.g. setting of deadlines, notifications of defects, declaration of withdrawal or reduction) must be made in writing to be effective. (6) Should individual provisions of the contract with the customer, including these General Terms and Conditions, be or become invalid in whole or in part, or should a loophole become apparent, this shall not affect the validity of the remaining provisions. The ineffective contractual provision or the gap shall be replaced by a legally effective substitute provision which takes into account or comes as close as possible to the intention of the parties discernible from the contract and the General Terms and Conditions, the economic sense and the purpose of the omitted provision. (7) Amendments and supplements to these Terms and Conditions and/or the remaining contractual relationship must be made in writing; this also applies to the waiver of the written form requirement.