Conditions

(The following General Terms and Conditions also contain legal information about your rights under the regulations on 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 methods

7. Retention of title

8. Warranty for material defects and guarantee

9. Liability

10. Storage of the contract text

11. Data Protection

11. Place of jurisdiction, applicable law, contract language

12. Additional General Terms and Conditions

1. Scope
1.1. For the business relationship between ELMOX, owner Rick Bufe, Am Flootgarten 6 A, 29364 Langlingen (hereinafter “Seller”) and the customer (hereinafter “Customer”), the following General Terms and Conditions apply exclusively in the version valid at the time of the order.
1.2. You can reach our customer service for questions, complaints and objections on weekdays from 9:00 a.m. to 5:00 p.m. on the telephone number: 05082 278 98 50 and 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 cannot predominantly be attributed to their commercial or independent professional activity (§ 13 BGB).
1.4. Differing conditions from the customer will not be recognized unless the seller expressly agrees to their validity.

2. Offers and service descriptions
2.1. The presentation of the products in the online shop does not constitute a legally binding offer, but rather an invitation to place an order. Service descriptions in catalogs or on the seller's websites do not have the character of an assurance or guarantee.
2.2. All offers are valid “while stocks last”, unless otherwise stated for the products. Otherwise, errors remain.

3. Ordering process and conclusion of contract
3.1. The customer can select products from the seller's range without obligation and collect them in a so-called shopping cart using the [add to shopping cart] button. The customer can then proceed to complete the ordering process using the [Continue to checkout] button in the shopping cart.
3.2. Using the [Buy] button, the customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time. Necessary information is marked with an asterisk (*).
3.3. The seller then sends the customer an automatic confirmation of receipt by email, in which the customer's order is listed again and which the customer can print out using the "Print" function (order confirmation). The automatic confirmation of receipt only 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 dispatches, hands over or arranges for the dispatch of the ordered product to the customer within 2 days confirmed to the customer within 2 days with a second email, express order confirmation or sending of the invoice.
3.4. If the seller allows advance payment, the contract is concluded when the bank details and payment request are provided. If the payment is not received by the seller within 10 calendar days of sending the order confirmation despite being due, even after a renewed request, the seller withdraws from the contract with the result that the order is no longer valid and the seller is not obliged to deliver. The order is then completed without any further consequences for the buyer and seller. When paying in advance, the item is reserved for a maximum of 10 calendar days.

4. Prices and shipping costs
4.1. All prices stated on the seller's website include the applicable statutory sales tax.
4.2. In addition to the stated prices, the seller charges 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 his own expense, provided this is reasonable for the customer.
5.3. If the delivery of the goods fails due to the buyer's fault despite three delivery attempts, the seller can 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 his supplier through no fault of his own, the seller may withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, suggest delivery of a comparable product. If no comparable product is available or the customer does not request delivery of a comparable product, the seller will immediately reimburse the customer for any consideration already provided.
5.5. Customers will be informed about delivery times and delivery restrictions (e.g. limitation of deliveries to certain countries) on a separate information page or within the respective product description.

6. Payment methods
6.1. The customer can choose from the available payment methods as part of and before completing the ordering process. Customers are informed about the payment methods available 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 deductions.
6.3. Are third-party providers commissioned to process payments, e.g. Paypal. their general terms and conditions apply.
6.4. If the due date for payment is determined according to the calendar, the customer is already in default by missing the deadline. In this case, the customer must pay the statutory default interest.
6.5. The customer's obligation to pay default interest does not preclude the seller from claiming further damages due to default.
6.6. The customer only has the right to offset if his counterclaims have been legally established or recognized by the seller. The customer can only exercise a right of retention if the claims result 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 for material defects and guarantee
8.1. The warranty is determined by legal regulations.
8.2. A guarantee only exists for the goods delivered by the seller if this has been expressly provided. Customers will be informed about the warranty conditions before initiating the ordering process.

9. Liability
9.1. The following exclusions and limitations of liability apply to the seller's liability for damages, without prejudice to the other legal requirements for claims.
9.2. The seller is liable without limitation if the cause of the damage is due to intent or gross negligence.
9.3. Furthermore, the seller is liable for the slightly negligent violation of essential obligations, the violation of which jeopardizes the achievement of the purpose of the contract, or for the violation of obligations whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the customer regularly relies. In this case, however, the seller is only liable for foreseeable, contract-typical damage. The seller is not liable for the slightly negligent violation of obligations other than those mentioned in the previous sentences.
9.4. The above limitations of liability do not apply in the event of injury to life, body or health, for a defect after a guarantee has been given for the quality of the product and for defects that are fraudulently concealed. Liability under the Product Liability Act remains unaffected.
9.5. To the extent that the seller's liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
9.6 NOTE: The use of electric scooters (e-scooters), e-skateboards, e-hoverboards, e-unicycles, etc. in areas subject to the StVO, public paths and squares is not permitted and can be punished with a fine.

10. Storage of the contract text
10.1. The customer can print out the contract text before submitting the order to the seller by using the print function of their browser in the last step of the order.
10.2. The seller also sends the customer an order confirmation with all order details to the email address he provided. With the order confirmation, the customer also receives a copy of the general terms and conditions along with cancellation instructions and information on shipping costs as well as delivery and payment conditions. If you have registered in our shop, you can view the orders you have placed in your profile area. In addition, we store the text of the contract, but do not make it accessible on the Internet.

11. Data Protection
11.1. The seller processes the customer's personal data for a specific purpose and in accordance with legal regulations.
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 passed on to third parties who are not involved in the ordering, delivery and payment processes.
11.3. The customer has the right, upon request, to receive information free of charge about the personal data stored about him by the seller. In addition, he has the right to correct incorrect data, block and delete his personal data, unless there is a statutory retention requirement to the contrary.
11.4. Further information about the type, scope, location and purpose of the collection, processing and use of the necessary personal data by the seller can be found in the data protection declaration.

12. Place of jurisdiction, applicable law, contract language
12.1. The place of jurisdiction and place of performance is the seller's registered office 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. Additional general terms and conditions for installment purchase by easyCredit
13.1. Scope and general conditions of use
The following additional general terms and conditions (hereinafter General Terms and Conditions) apply between you and the dealer for all contracts concluded with the dealer in which the installment purchase by easyCredit (hereinafter installment purchase) is used. In the event of a conflict, the additional general terms and conditions take precedence over any other general terms and conditions of the dealer. Installment purchase is only possible for customers who are consumers in accordance with Section 13 of the German Civil Code (BGB) and have reached the age of 18.
13.2. Installment purchase
For further details, please refer to the installment purchase data protection notice in the ordering process. If it is not possible to use installment purchase due to insufficient creditworthiness or the retailer's sales limit being reached, the retailer reserves the right to offer you an alternative billing option. The contract for an installment purchase is concluded between you and the dealer. With installment purchase, you decide to pay off the purchase price in monthly installments. Monthly installments must be paid over a fixed term, although the final installment may differ from the previous installment amounts. Ownership of the goods remains reserved until full payment has been made. The claims arising from the use of installment purchase are assigned by the dealer to Creditplus Bank as part of an ongoing factoring agreement. Payments can only be made to CreditPlus Bank with debt-discharging effect.
13.3. Installment payments via SEPA direct debit
By issuing the SEPA direct debit mandate with the installment purchase, you authorize TeamBank AG to collect the payments to be made through the installment purchase from your current account specified in the ordering process at the credit institution specified there using a 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 move will take place at the earliest on the date specified in the advance notice. A later, more timely move-in can take place. If there is a reduction in the purchase price amount between the pre-notification and the due date (e.g. through credits), the amount debited 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 credit institution is not obliged to honor the direct debit if there are not sufficient funds in the checking account. If a return debit occurs due to insufficient funds in the current account, due to an unjustified objection by the account holder or due to the expiration of the current account, you will be in default even without a separate reminder, unless the return direct debit results from a circumstance for which you are not responsible . The fees charged by your TeamBank AG credit institution in the event of a return debit will be passed on to you and must be paid by you. If you are in default, CreditPlus Bank is entitled to charge an appropriate reminder fee or default interest of five percentage points above the respective base interest rate of the European Central Bank for each reminder. Due to the high costs associated with a return 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 coordination with the retailer by transferring the relevant amount back or by issuing a credit note.

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