Terms and Conditions
General terms and conditions and customer information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to all contracts that you conclude with us as the provider Wilhelm Hausner (Eloja) via the website www.eloja.de. Unless otherwise agreed, the inclusion of any terms and conditions used by you is hereby rejected.
(2) For the purposes of these provisions, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Formation of the contract
(1) The subject of the contract is the sale of goods.
(2) By placing the respective product on our website, we are submitting a binding offer to you to conclude a contract under the conditions specified in the product description.
(3) The contract is concluded via the online shopping cart system as follows:
The items you intend to purchase are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After accessing the "Checkout" page and entering personal data as well as payment and shipping conditions, all order details are displayed again on the order overview page.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Postpay, Sofort) as your payment method, you will either be taken to the order overview page in our online shop or you will first be redirected to the website of the instant payment system provider.
Once you are redirected to the respective instant payment system, please make the appropriate selection or enter your data there. Finally, you will be redirected back to the order overview page in our online shop.
Before submitting your order, you have the opportunity to review all the information again, change it (also via the "back" function of your internet browser) or cancel the purchase.
By submitting your order via the "order with obligation to pay" button, you legally declare your acceptance of the offer, thereby concluding the contract.
(4) Order processing and the transmission of all information required in connection with the conclusion of the contract are carried out partly automatically via email. You must therefore ensure that the email address you have provided to us is correct, that the receipt of emails is technically ensured, and in particular that it is not prevented by spam filters.
§ 3 Right of retention , reservation of title
(1) You may only exercise a right of retention insofar as it relates to claims arising from the same contractual relationship.
(2) The goods shall remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following also applies:
a) We retain title to the goods until all claims arising from the ongoing business relationship have been settled in full. Pledging or assigning the goods as security is not permitted before title has passed.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims arising from the resale up to the amount of the invoice; we accept this assignment. You remain authorized to collect the receivables. However, if you fail to meet your payment obligations, we reserve the right to collect the receivables ourselves.
c) In the event of combination or mixing of the goods subject to retention of title, we acquire co-ownership of the new item in proportion to the invoice value of the goods subject to retention of title to the other processed items at the time of processing.
d) We undertake to release the collateral held by us at your request to the extent that the realizable value of our collateral exceeds the secured claim by more than 10%. The selection of the collateral to be released is at our discretion.
§ 4 Warranty
(1) The statutory warranty rights apply.
(2) As a consumer, you are requested to inspect the goods immediately upon delivery for completeness, obvious defects, and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty rights.
(3) If you are an entrepreneur, the following applies in deviation from the above warranty provisions:
a) Only our own specifications and the manufacturer's product description are considered agreed upon as the quality of the goods, but not other advertising, public statements and pronouncements by the manufacturer.
b) In the event of defects, we will, at our discretion, provide a remedy by repair or replacement. If the remedy fails, you may, at your option, demand a reduction in price or withdraw from the contract. A remedy is deemed to have failed after a second unsuccessful attempt, unless the nature of the goods or the defect, or other circumstances, indicate otherwise. In the case of repair, we are not obligated to bear the increased costs incurred by transporting the goods to a location other than the place of performance, unless such transport is in accordance with the intended use of the goods.
c) The warranty period is one year from delivery of the goods. This reduction of the warranty period does not apply:
- damages attributable to us caused by negligence resulting in injury to life, body or health, and in the case of other damages caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or assumed a guarantee for the quality of the item;
- in the case of items that, according to their usual purpose, have been used for a building and have caused its defectiveness;
- in the case of statutory recourse claims that you may have against us in connection with warranty rights.
§ 5 Choice of law, place of performance, place of jurisdiction
(1) German law shall apply. In the case of consumers, this choice of law shall only apply to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence (principle of most favorable law).
(2) The place of performance for all services arising from our business relationship and the place of jurisdiction is our registered office, unless you are a consumer, but rather a merchant, a legal entity under public law, or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU, or if your domicile or habitual residence is unknown at the time the action is brought. This does not affect the right to bring an action before a court at another legally established place of jurisdiction.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) shall expressly not apply.
II. Customer Information
1. Seller's identity
Wilhelm Hausner
Eloja
Hermannstädter Str. 20
90765 Fürth
Germany
Telephone: 0911 561 4667
Email: info@eloja.de
Alternative dispute resolution:
The European Commission provides a platform for online dispute resolution (ODR platform), which can be accessed at https://ec.europa.eu/odr .
We are prepared to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on how the contract came about
The technical steps leading to the conclusion of the contract, the conclusion of the contract itself and the correction options are governed by the provisions of "Formation of the Contract" in our General Terms and Conditions (Part I).
3. Contract language, contract text storage
3.1. The contract language is German.
3.2. We do not store the complete contract text. Before submitting your order via the online shopping cart system, you can print or save the contract details electronically using your browser's print function. After we receive your order, the order details, the legally required information for distance selling contracts, and the General Terms and Conditions will be sent to you again by email.
4. Essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. Prices and payment terms
5.1. The prices listed in the respective offers, as well as the shipping costs, represent total prices. They include all price components, including all applicable taxes.
5.2. Shipping costs are not included in the purchase price. They can be viewed via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process, and must be borne by you in addition to the purchase price, unless free shipping is offered.
5.3. If delivery is made to countries outside the European Union, additional costs may be incurred that are beyond our control, such as customs duties, taxes, or money transfer fees (bank transfer or exchange rate fees), which you are responsible for bearing. You are also responsible for any money transfer costs incurred even if delivery is made to an EU member state but payment is initiated from outside the European Union.
5.4. The payment methods available to you are displayed under a correspondingly labeled button on our website or in the respective offer.
5.5. Unless otherwise stated for the individual payment methods, payment claims arising from the concluded contract are due immediately.
6. Delivery conditions
6.1. The delivery terms, the delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.
6.2. If you are a consumer, the law stipulates that the risk of accidental loss or damage to the goods during shipment passes to you only upon delivery, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by the seller or another person responsible for carrying out the shipment.
If you are an entrepreneur, delivery and shipment are at your own risk.
7. Statutory warranty rights
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
Last updated: November 19, 2018