Terms of service
Conditions
(The following terms and conditions also contain legal information on your rights under the provisions on contracts in distance selling and electronic commerce.)
1. Scope
2. Offers and service descriptions
3. Ordering process and conclusion of contract
4. Prices and shipping costs
5. Delivery, availability of goods
6. Payment terms
7. Retention of Title
8. Warranty and guarantee for material defects
9. Liability
10. Storage of the contract text
11. Data protection
11. Place of jurisdiction, applicable law, contract language
12. Supplementary General Terms and Conditions
1. Scope
1.1. For the business relationship between ELMOX,Am Flootgarten 6 A, 29364 Langlingen, owner: Rick Bufe (hereinafter referred to as “Seller”) and the customer (hereinafter referred to as “Customer”) are exclusively subject to the following General Terms and Conditions in the version valid at the time of the order.
1.2. You can contact our customer service for questions, complaints and objections on weekdays from 9:00 a.m. to 5:00 p.m. by phone at: 05082 278 98 50 or by email at: info@elmox.de
1.3. A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for a purpose that can predominantly be attributed neither to their commercial nor to their independent professional activity (Section 13 of the German Civil Code).
1.4. Deviating terms and conditions of the customer will not be recognized unless the seller expressly agrees to their validity.
2. Offers and service descriptions
2.1. The presentation of products in the online shop does not constitute a legally binding offer, but rather an invitation to place an order. Descriptions of services in catalogs and on the seller's websites do not constitute a warranty or guarantee.
2.2. All offers are valid "while stocks last," unless otherwise stated for the products. Errors and omissions excepted.
3. Ordering process and conclusion of contract
3.1 The customer can select products from the seller's range without obligation and order them via the button [in den Warenkorb] in a so-called shopping cart. The customer can then use the button within the shopping cart to [Weiter zur Kasse] proceed to complete the ordering process.
3.2. Using the button [Kaufen] The customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and review the data at any time. Required information is marked with an asterisk (*).
3.3. The Seller will then send the Customer an automatic confirmation of receipt by email, in which the Customer's order is listed again and which the Customer can print using the "Print" function (order confirmation). The automatic confirmation of receipt merely documents that the customer's order has been received by the seller and does not constitute acceptance of the application. The purchase contract is only concluded when the seller has shipped or handed over the ordered product to the customer within 2 days, or has confirmed the shipment to the customer within 2 days with a second email, express order confirmation or sending of the invoice.
3.4. If the Seller allows payment in advance, the contract is concluded upon the provision of the bank details and the payment request. If payment is not received by the Seller within 10 calendar days of the order confirmation being sent, even after a further request, the Seller will withdraw from the contract, with the result that the order is void and the Seller is not obligated to deliver. The order is then completed without any further consequences for both buyer and seller. Therefore, the item is reserved for a maximum of 10 calendar days for advance payments.
4. Prices and shipping costs
4.1. All prices stated on the Seller's website include the applicable statutory value-added tax.
4.2. In addition to the stated prices, the Seller shall charge shipping costs for delivery. The shipping costs will be clearly communicated to the Buyer on a separate information page and during the ordering process.
5. Delivery, availability of goods
5.1 If advance payment has been agreed, delivery will take place after receipt of the invoice amount.
5.2. If not all ordered products are in stock, the Seller is entitled to make partial deliveries at its own expense, provided this is reasonable for the Customer.
5.3. If delivery of the goods fails due to the buyer's fault despite three delivery attempts, the seller may withdraw from the contract. Any payments made will be refunded to the customer immediately. 5.4. If the ordered product is not available because the seller is not supplied with this product by its supplier through no fault of its own, the seller may withdraw from the contract. In this case, the seller will notify the customer immediately and, if necessary, offer to deliver a comparable product. If no comparable product is available or the customer does not wish to receive a comparable product, the seller will immediately reimburse the customer for any consideration already paid.
5.5. Customers will be informed about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries) on a separate information page or within the respective product description.
6. Payment terms
6.1. The customer can choose from the available payment methods during and before completing the order process. Customers will be informed about the available payment methods on a separate information page.
6.2. If payment by invoice is possible, payment must be made within 30 days of receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.
6.3. If third-party providers, such as PayPal, are commissioned to process payments, their general terms and conditions apply.
6.4. If the payment is due according to the calendar date, the customer shall be in default simply by missing the due date. In this case, the customer shall pay statutory default interest.
6.5. The Customer's obligation to pay default interest does not exclude the Seller's right to claim further damages caused by default.
6.6. The customer is only entitled to a right of set-off if his counterclaims have been legally established or recognized by the seller. The customer may only exercise a right of retention if the claims arise from the same contractual relationship.
7. Retention of title
The delivered goods remain the property of the seller until full payment has been made.
8. Warranty and guarantee for material defects
8.1. The warranty is determined in accordance with statutory provisions.
8.2. A guarantee for goods delivered by the Seller only exists if this has been expressly stated. Customers will be informed of the guarantee conditions before initiating the order process.
9. Liability
9.1. The following exclusions and limitations of liability shall apply to the Seller's liability for damages, without prejudice to any other statutory requirements for claims.
9.2 The Seller shall be liable without limitation if the cause of the damage is based on intent or gross negligence.
9.3. Furthermore, the Seller shall be liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the Customer regularly relies. In this case, however, the Seller shall only be liable for foreseeable, contract-typical damages. The Seller shall not be liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
9.4. The above limitations of liability do not apply in cases of injury to life, body, or health, for defects after a guarantee has been given regarding the quality of the product, or for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
9.5 To the extent that the Seller's liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.
9.6NOTE: The use of electric scooters (e-scooters), e-skateboards, e-hoverboards, e-unicycles, etc. in areas covered by the StVO, public paths and squares, is not permitted and may result in a fine.
10. Storage of the contract text
10.1. The Customer may print the contract text before submitting the order to the Seller by using the print function of his browser in the last step of the order process.
10.2. The seller will also send the customer an order confirmation containing all order details to the email address provided by the customer. With the order confirmation, the customer will also receive a copy of the General Terms and Conditions, including the cancellation policy and information on shipping costs, delivery, and payment terms. If you have registered with our shop, you can view your placed orders in your profile area. We also save the contract text, but do not make it available online.
11. Data protection
11.1. The Seller processes the Customer's personal data for specific purposes and in accordance with the statutory provisions.
11.2. The personal data provided for the purpose of ordering goods (such as name, email address, address, payment details) will be used by the Seller to fulfill and process the contract. This data will be treated confidentially and will not be shared with third parties not involved in the ordering, delivery, and payment process.
11.3. The customer has the right, upon request, to receive information free of charge about the personal data stored about him or her by the seller. In addition, the customer has the right to correct inaccurate data, block, and delete his or her personal data, provided that no statutory retention period conflicts with this.
11.4. Further information about the nature, scope, location and purpose of the collection, processing and use of the required personal data by the seller can be found in the privacy policy.
12. Place of jurisdiction, applicable law, contract language
12.1. The place of jurisdiction and performance shall be the registered office of the Seller if the Customer is a merchant, a legal entity under public law or a special fund under public law.
12.2. The contract language is German.
13. Supplementary General Terms and Conditions for installment purchase by easyCredit
13.1.Scope and general terms of use
The following supplementary general terms and conditions (hereinafter referred to as "GTC") apply between you and the merchant for all contracts concluded with the merchant using the installment purchase by easyCredit (hereinafter referred to as "installment purchase"). In the event of a conflict, these supplementary general terms and conditions take precedence over any conflicting general terms and conditions of the merchant. Installment purchase is only available to customers who are consumers as defined by Section 13 of the German Civil Code (BGB) and who are at least 18 years old.
13.2. Installment purchase
For further details, please refer to the installment purchase privacy notice in the order process. If the installment purchase option is not possible due to insufficient creditworthiness or reaching the retailer's sales limit, the retailer reserves the right to offer you an alternative billing option. The installment purchase agreement is concluded between you and the retailer. With the installment purchase, you choose to pay the purchase price in monthly installments. Monthly installments are payable over a fixed term, whereby the final installment may differ from the previous installment amounts. Ownership of the goods remains until full payment is made. The claims arising from the installment purchase option are assigned by the retailer to Creditplus Bank as part of an ongoing factoring agreement. Payments can only be made to CreditPlus Bank with a debt-discharging effect.
13.3.Installment payment via SEPA direct debit
By issuing the SEPA direct debit mandate with your installment purchase, you authorize TeamBank AG to collect the payments due through the installment purchase from your current account specified during the ordering process at the credit institution specified therein via SEPA direct debit. TeamBank AG will notify you of the collection by email no later than one calendar day before the SEPA direct debit is due (pre-notification). The collection will take place no earlier than the date specified in the pre-notification. A later, more immediate collection is possible. If the purchase price is reduced between the pre-notification and the due date (e.g., through credit entries), the debited amount may differ from the amount stated in the pre-notification. Installment purchase by easyCredit - public - Page 2 of 2 You must ensure that your current account has sufficient funds at the due date. Your bank is not obligated to honor the direct debit if there are insufficient funds in the current account. If a direct debit is returned due to insufficient funds in the current account, due to an unjustified objection by the account holder, or due to the current account being closed, you will be in default even without a separate reminder, unless the returned direct debit is the result of circumstances for which you are not responsible. The fees charged by your bank to TeamBank AG in the event of a returned direct debit will be passed on to you and must be paid by you. If you are in default, CreditPlus Bank is entitled to charge a reasonable reminder fee or default interest for each reminder at a rate of five percentage points above the current base interest rate of the European Central Bank. Due to the high costs associated with a returned direct debit, we ask you not to object to the SEPA direct debit in the event of a withdrawal from the purchase contract, a return, or a complaint. In these cases, the payment will be reversed in consultation with the merchant by retransferring the corresponding amount or by issuing a credit note.