Terms of service

§ 1 Scope, applicable law

(1) Within the business relationship between ELOBRA GmbH & Co. KG and you, only the following General Terms and Conditions apply.

(2) Other terms and conditions do not apply, even if we do not explicitly object to their validity in individual cases, unless their validity is expressly agreed to in writing.

(3) For these terms and conditions and the entire legal relationship between the contracting parties, the law of the Federal Republic of Germany applies, excluding international uniform law, in particular the UN Sales Convention.

§ 2 Time of Conclusion of 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 "Place Order with Obligation to Pay" do you submit a binding order for the goods contained in the shopping cart. By submitting the offer, you are bound for two weeks. Your possible right of withdrawal according to § 3 remains unaffected.

(3) Your order confirmation will be sent via an automated email from shop@elobra.de. This confirmation does not yet constitute acceptance, unless the acceptance is explicitly included in the order confirmation. A contract is only concluded when we explicitly 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 the order for a purpose that is predominantly not attributable to their commercial or independent professional activity), you have a right of withdrawal in accordance with the statutory provisions.

(2) Regarding this right of withdrawal, we provide you with the following (formulated as required by law)

Cancellation Policy

You have the right to withdraw from this contract within 30 days without giving any reasons. The withdrawal period is 30 days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods. To exercise your right of withdrawal, you must inform us, ELOBRA GmbH & Co. KG, Zum Hohen Schacht 1a, 09618 Brand-Erbisdorf, Email: shop@elobra.de, by means of a clear statement (e.g. a letter sent by post or an email) about your decision to withdraw from this contract. To meet the withdrawal deadline, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the withdrawal period has expired. 

Consequences of Withdrawal

If you revoke this contract, we will refund you all payments we have received from you, including delivery costs (except for additional costs resulting from your choice of a different type of delivery than the cheapest standard delivery offered by us), without delay and at the latest within 30 days from the day we receive the notification of your revocation of this contract. For this refund, we will use the same payment method that you used for the original transaction, unless something else has been expressly agreed with you; in no case will you be charged fees for this refund. We may withhold the refund until we have received the goods back or until you have provided proof that you have sent the goods back, whichever is earlier. You must return the goods to us without delay and in any case no later than fourteen days from the day you inform us of the revocation of this contract. The deadline is met if you send the goods before the fourteen-day period 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 their nature, characteristics, and functioning.

§ 4 Prices, Payment, Due Date

 (1) All price indications in our online shop within the EU are gross prices including the statutory value-added tax. For orders outside the EU, net prices are indicated. Deliveries to an address outside the EU may be subject to import duties and taxes, which become due upon delivery at the delivery address.

(2) The shipping costs are indicated in our price listings in our online shop. The price including VAT and applicable shipping costs will also be displayed in the order form before you submit the order.

(3) Payment can be made optionally in advance (bank transfer), by credit card, Apple Pay, PayPal, or on account (credit check via Klarna). For payment by bank transfer or invoice, the full amount must be received by us no later than fourteen days after the conclusion of the contract.

(4) The invoice will be sent via email.

§ 5 Delivery

(1) The delivery is made from the warehouse of ELOBRA GmbH & Co. KG to the delivery address you provided when placing the order.

(2) We generally assume that delivery of goods to addresses within the Federal Republic of Germany will take approximately 2 to 4 business days from the conclusion of the contract, unless otherwise agreed or indicated in the description in our online store.

(3) For shipping outside the Federal Republic of Germany and within Europe, delivery for items available for immediate shipment usually takes 5 – 7 business days according to our experience. Additional restrictions may arise from information provided in our online shop.

(4) Please note that all information regarding shipping or delivery is non-binding and does not constitute contractual assurances.

(5) If we at ELOBRA GmbH & Co. KG are unable to deliver your ordered goods without our own fault, because our supplier does not fulfill its contractual obligations, even temporarily, we are entitled to withdraw from the contract. In this case, you will be informed immediately; any payments already made or other considerations will be refunded to you without delay.

(6) Your other rights remain unaffected.

§ 6 Retention of Title

(1) The delivered goods remain the property of ELOBRA GmbH & Co. KG until full payment is made.

§ 7 Garantie

(1) Die ELOBRA GmbH & Co. KG grants a warranty of 24 months from the conclusion of the contract on lights sold by us. This is in addition to the statutory warranty claims.

(2) Within the warranty period, we will rectify all defects of the lights free of charge, provided they are due to material and manufacturing defects. In such cases, please contact shop@elobra.de. We will try to get in touch with you as soon as possible and find a solution to your problem.

(3) The warranty does not apply in cases of:

• Damage of all kinds to the light source,
• Damage due to improper handling and accidents
• Contaminations after the conclusion of the contract. 

(4) The warranty is void in the event of any technical manipulation (especially opening the light or attempts at repair) by you or any other person not expressly authorized by us. The warranty period is not extended by the use of the warranty.

(5) If your ELORBA lamp should have defects, please include your invoice as proof when making a complaint.

§ 8 Liability for Defects

(1) Unless otherwise stipulated below, our liability for damages, regardless of the type of breach of duty and including unlawful acts, is limited to grossly negligent and intentional conduct.

(2) In the event of a breach of essential contractual obligations, we are liable for any negligence, but only up to the amount of damage that was foreseeable at the time of the conclusion of the contract, based on the nature of the order.

(3) All limitations and exclusions of liability do not apply to claims arising from fraudulent conduct. They also do not apply to liability for quality characteristics guaranteed by us and for claims under the Product Liability Act, as well as for claims due to damages resulting from injury to life, body, or health.

(4) To the extent that our liability is excluded or limited, this also applies to our employees, workers, (statutory or contractual) representatives, or agents and assistants in performance and execution.

(5) If you assert a claim for subsequent performance, we will fulfill this exclusively by means of a replacement delivery.

§ 9 Other Provisions

(1) As far as permissible, the exclusive, including international, jurisdiction for lawsuits against us is Freiberg. We reserve the right to file a lawsuit against the customer at another location as well.

(2) An assignment of claims against us is only permitted with prior written consent.

(3) Offsetting against our claims is only permissible if your counterclaims have been legally established, are undisputed, or have been acknowledged by us. Furthermore, you are also entitled to offset against our claims if you assert defects or counterclaims arising from the same purchase contract.

(4) You only have a right of retention if your counterclaim arises from the same purchase contract.

(5) Legal declarations and notifications that must be made by you to us after the conclusion of the contract (e.g. setting deadlines, notifying defects, declaring withdrawal or reduction) require written form to be effective.

(6) Should individual provisions of the contract with the customer, including these General Terms and Conditions, be or become wholly or partially ineffective, or should a gap become apparent, the validity of the remaining provisions shall not be affected. A legally effective substitute provision shall replace the ineffective contractual provision or fill the gap, which takes into account or comes as close as possible to the intent of the parties as discerned from the contract and the General Terms and Conditions, as well as the economic sense and purpose of the provision that has been removed.

(7) Changes and additions to these terms and conditions and/or the remaining contractual relationship must be in writing; this also applies to the waiver of the written form.