Conditions of Use
§ 1Scope & Defense Clause
(1) The following general terms and conditions apply exclusively to the legal relationships between the operator of the shop (hereinafter "supplier") and its customers in the respective version at the time of the order.
(2) Deviating general terms and conditions of the customer will be rejected. These only become effective if they are expressly confirmed in writing by the provider.
§ 2
formation of the contract
(1) The presentation of the goods in the online shop does not represent a binding offer by the provider to conclude a purchase contract. The customer is only asked to submit an offer by placing an order.
(2) By sending the order in the online shop, the customer submits a binding offer aimed at concluding a purchase contract for the goods contained in the shopping cart. By sending the order, the customer also recognizes these terms and conditions as solely relevant for the legal relationship with the provider.
(3) The provider confirms receipt of the customer's order by sending a confirmation email. This order confirmation does not yet represent the acceptance of the contract offer by the provider. It only serves to inform the customer that the order has been received by the provider.
The declaration of acceptance of the contract offer is made by delivery of the goods or an express declaration of acceptance, each within a period of 5 days from receipt of the order.
§ 3
delivery times
The delivery times result from the product description. If non-compliance with a delivery or service deadline is due to force majeure, labor disputes, unforeseeable obstacles or other circumstances for which we are not responsible, the deadline will be extended appropriately. Claims for damages due to delay or impossibility or non-performance, including those that arose up to the withdrawal from the contract, are excluded, unless a legal representative or vicarious agent of the company "Emporio Petsas Handelsagentur U.G." acted intentionally or with gross negligence.
§ 4
packaging and shipping
Packaging and shipping are at the expense of the customer. Please refer to our shipping costs table for these costs. For free deliveries
shipping costs can be charged retrospectively if the final value of the order is below the free shipping limit due to returns.
§ 5
warranty
The customer's warranty rights are based on the general statutory provisions, unless otherwise specified below. The regulation in § 6 of these General Terms and Conditions applies to claims for damages by the customer against the provider.
(2) The limitation period for customer warranty claims is two years for consumers for newly manufactured items and one year for used items. The limitation period for entrepreneurs is one year. The above shortening of the limitation periods does not apply to claims for damages by the customer due to injury to life, limb, health or claims for damages due to a breach of essential contractual obligations. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract. The above shortening of the limitation periods also does not apply to claims for damages based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents.
(3) A guarantee is not given by the provider.
§ 6
Right of withdrawal
right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods.
In order to exercise your right of withdrawal, you must inform us
elanthi
Nikolaos Ganas e.K.
Bockumweg 5
59425 Unna
Telephone: +49 151 4636 4131
Email: info @eleanthi.de
by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you revoke this contract, we have paid 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 different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.
You have the goods immediately and in any case at the latest within fourteen days from the day on which you inform us about the cancellation of this contract
elanthi
Nikolaos Ganas e.K.
Bockumweg 5
59425 Unna
Telephone: +49 151 4636 4131
Email: info @eleanthi.de
to be returned or handed over.
The deadline is met if you send back the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
No right of withdrawal for special goods The right of withdrawal does not apply to distance contracts for the delivery of goods that are made to customer specifications or are clearly tailored to personal needs.
No right of withdrawal for entrepreneurs
If you are an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB) and are acting in the exercise of your commercial or self-employed professional activity when concluding the contract, the right of withdrawal does not exist.
§ 7
Return shipping costs when exercising the right of withdrawal
If the customer makes use of his right of withdrawal, he has to bear the regular costs of the return if the delivered goods correspond to those ordered and if the price of the item to be returned does not exceed an amount of 40 euros or if the customer has a higher price of the item at the the counter-performance or a contractually agreed partial payment has not yet been made at the time of revocation. Otherwise, the return for the customer is free of charge.
§ 8th
retention of title
The delivered goods remain the property of the provider until full payment has been made.
§ 9
Due date
The payment of the purchase price is due upon conclusion of the contract.
(In the case of purchase on account after delivery of the goods)
§ 10
Disclaimer
(1) Claims for damages by the customer are excluded unless otherwise specified below. The above exclusion of liability also applies to the legal representatives and vicarious agents of the provider if the customer asserts claims against them.
(2) Claims for damages due to injury to life, limb or health and claims for damages resulting from the breach of essential contractual obligations are excluded from the exclusion of liability specified in Section 1. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract. Also excluded from the exclusion of liability is liability for damages that are based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents.
(3) Provisions of the Product Liability Act (ProdHaftG) remain unaffected.
§ 11
Assignment and pledging prohibition
The assignment or pledging of the customer's claims or rights against the provider is excluded unless the provider agrees in writing. The provider is only obliged to give consent if the customer can prove a legitimate interest in the assignment or pledging.
§ 12
On Bill
The customer only has the right to offset if the claim made for offsetting has been legally established or is undisputed.
§ 13
Choice of Law & Jurisdiction
(1) The law of the Federal Republic of Germany applies to the contractual relationships between the provider and the customer. The application of the UN sales law is excluded.
(2) The place of jurisdiction for all disputes arising from the contractual relationship between the customer and the provider is the location of the provider, provided the customer is a merchant, a legal entity under public law or a special fund under public law.
§ 14
Severability Clause
Should a provision of these General Terms and Conditions be ineffective, this shall not affect the validity of the remaining provisions.
elanthi
Nikolaos Ganas e.K.
Bockumweg 5
59425 Unna
Germany
Email: info @eleanthi.de
Information on Online Dispute Resolution
The EU Commission provides a platform for online dispute resolution under the following link: http://ec.europa.eu/consumers/odr/
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
Status: 01/02/2020
