Terms of service
Table of Contents
- Scope of Application
- Conclusion of Contract
- Right of Withdrawal
- Prices and Payment Terms
- Delivery and Shipping Conditions
- Retention of Title
- Liability for Defects (Warranty)
- Redemption of Promotional Vouchers
- Redemption of Gift Vouchers
- Applicable Law
- Jurisdiction
- Alternative Dispute Resolution
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter "GTC") of ELBKONSTRUKT GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods displayed in the Seller’s online store. Any differing conditions of the Customer are hereby rejected unless otherwise agreed.
1.2 These GTC shall also apply accordingly to contracts for the delivery of vouchers, unless expressly regulated otherwise.
1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly not related to their commercial or independent professional activity.
1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a legal partnership that, when entering into a legal transaction, acts in the exercise of its commercial or self-employed professional activity.
2) Conclusion of Contract
2.1 The product descriptions in the Seller’s online store do not constitute binding offers by the Seller but are intended to submit a binding offer by the Customer.
2.2 The Customer can submit the offer using the online order form integrated into the Seller’s online store. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contract offer for the goods in the shopping cart by clicking the button that finalizes the order process.
2.3 The Seller may accept the Customer’s offer within five days by:
- sending a written or email order confirmation, with receipt of confirmation by the Customer being decisive; or
- delivering the ordered goods, with receipt of goods by the Customer being decisive; or
- requesting payment from the Customer after placing the order.
If several of the above alternatives apply, the contract is concluded when one of the alternatives first occurs. The acceptance period begins the day after the Customer submits the offer and ends at the close of the fifth day thereafter. If the Seller does not accept the Customer’s offer within this period, this shall be deemed a rejection, and the Customer is no longer bound by their declaration of intent.
2.4 If a PayPal payment method is selected, the transaction is processed by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), under PayPal’s terms of use: https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or—if the Customer does not have a PayPal account—under the terms for payments without a PayPal account: https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer chooses a PayPal payment method, the Seller accepts the offer at the moment the Customer clicks the button to complete the order process.
2.5 If "Amazon Payments" is selected, the payment is processed by Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (“Amazon”), under Amazon’s payment terms: https://payments.amazon.de/help/201751590. When selecting Amazon Payments, the Customer triggers the payment by clicking the final button, and the Seller accepts the offer at that moment.
2.6 When submitting an offer via the Seller’s online form, the contract text is saved and sent to the Customer in text form (e.g., email, fax, or letter) after the order is placed. Further access to the contract text is not provided. If the Customer has created a user account before placing the order, the order data is archived and can be accessed by the Customer through their password-protected account using the relevant login data.
2.7 Before submitting a binding order, the Customer can identify potential input errors by carefully reviewing the on-screen information. A useful technical tool is the browser’s zoom function. Entries can be corrected using the standard keyboard and mouse functions until the Customer clicks the final order button.
2.8 The contract is available in both German and English.
2.9 Order processing and contact usually take place by email and automated order systems. The Customer must ensure that the provided email address is correct and that emails sent by the Seller or third parties involved in the order process can be received. SPAM filters must not block such emails.
3) Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 More information about the right of withdrawal can be found in the Seller’s cancellation policy.
4) Prices and Payment Terms
4.1 Unless otherwise stated, the prices listed in the product descriptions are total prices including statutory VAT. Additional shipping costs, if applicable, are listed separately.
4.2 Available payment methods are listed in the Seller’s online store.
4.3 If prepayment is agreed upon by bank transfer, the payment is due immediately unless otherwise agreed.
4.4 If using PayPal, the Seller may assign claims to PayPal or a named third-party provider. A credit check may be conducted before accepting the payment method. Payment must be made directly to PayPal or the third party. The Seller remains responsible for general customer inquiries.
4.5 If “SOFORT” is selected, payment is processed by SOFORT GmbH. Customers need an online banking account and must verify and confirm the transaction. More info: https://www.klarna.com/sofort/
4.6 If “Shopify Payments” is selected, payments are processed by Stripe Payments Europe Ltd., Dublin, Ireland. Additional terms may apply depending on the payment method.
4.7 If “Klarna” is selected, the transaction is processed by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden. Details and terms are provided on the Seller’s website: www.platzhalter_klarna.de
5) Delivery and Shipping Conditions
5.1 Unless otherwise agreed, goods are delivered within the specified delivery area to the delivery address provided by the Customer. If using PayPal, the PayPal address is used.
5.2 If delivery fails due to Customer fault, the Customer shall bear the resulting reasonable costs. Exceptions apply if the Customer exercises their right of withdrawal. Return shipping costs are covered by the withdrawal policy.
5.3 Risk of accidental loss or deterioration transfers to entrepreneurs upon dispatch; for consumers, it transfers upon delivery unless they commissioned the carrier without prior selection by the Seller.
5.4 The Seller reserves the right to withdraw from the contract in cases of improper self-supply, provided they are not at fault and have made reasonable efforts. The Customer will be informed immediately and refunded if necessary.
5.5 Self-collection is not available for logistical reasons.
5.6 Vouchers are delivered:
- by email
- by postal mail
6) Retention of Title
If the seller makes an advance payment, they retain ownership of the delivered goods until the purchase price owed has been paid in full.
7) Liability for Defects (Warranty)
7.1 Unless otherwise provided for in the following regulations, the statutory provisions regarding liability for defects shall apply. The following deviations apply to contracts for the delivery of goods:
7.2 If the customer is a business,
- the seller has the choice of the type of subsequent performance;
- for new goods, the limitation period for defects is one year from delivery of the goods;
- for used goods, warranty claims are excluded;
- the limitation period does not start anew if a replacement is provided as part of the warranty.
7.3 The above limitations and shortening of time limits do not apply
- to claims for damages and reimbursement of expenses by the customer,
- if the seller has fraudulently concealed the defect,
- to goods that have been used in accordance with their usual purpose for a building and have caused its defectiveness,
- to any obligation of the seller to provide updates for digital products in contracts for the delivery of goods with digital elements.
7.4 Furthermore, for businesses, the statutory limitation periods for any statutory recourse claims remain unaffected.
7.5 If the customer is a merchant within the meaning of § 1 HGB (German Commercial Code), they are subject to the commercial duty to inspect and give notice of defects pursuant to § 377 HGB. If the customer fails to comply with the notification duties specified therein, the goods shall be deemed approved.
7.6 If the customer is a consumer, they are requested to report obvious transport damage to the carrier and notify the seller accordingly. Failure to do so will have no effect on the customer’s statutory or contractual warranty claims.
8) Redemption of Promotional Vouchers
8.1 Vouchers issued by the seller free of charge as part of promotional campaigns with a specific validity period and which cannot be purchased by the customer (hereinafter “promotional vouchers”) can only be redeemed in the seller’s online shop and only within the specified period.
8.2 Certain products may be excluded from the voucher promotion if such a restriction is stated in the content of the promotional voucher.
8.3 Promotional vouchers can only be redeemed before the ordering process is completed. Retroactive application is not possible.
8.4 Multiple promotional vouchers can be redeemed in one order.
8.5 The value of the goods must be at least equal to the value of the promotional voucher. Any remaining balance will not be refunded by the seller.
8.6 If the value of the promotional voucher is insufficient to cover the order, the difference can be paid using one of the other payment methods offered by the seller.
8.7 The credit of a promotional voucher is neither paid out in cash nor does it bear interest.
8.8 The promotional voucher will not be refunded if the customer returns goods paid for in whole or in part using the promotional voucher within the scope of their statutory right of withdrawal.
8.9 The promotional voucher is intended only for use by the person named on it. Transfer of the promotional voucher to third parties is excluded. The seller is entitled, but not obliged, to verify the material entitlement of the respective voucher holder.
9) Redemption of Gift Vouchers
9.1 Vouchers that can be purchased via the seller’s online shop (hereinafter “gift vouchers”) can only be redeemed in the seller’s online shop, unless otherwise stated on the voucher.
9.2 Gift vouchers and remaining balances of gift vouchers can be redeemed until the end of the third year following the year of the voucher purchase. Remaining balances will be credited to the customer until the expiry date.
9.3 Gift vouchers can only be redeemed before the ordering process is completed. Retroactive application is not possible.
9.4 Multiple gift vouchers can be redeemed in one order.
9.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of additional gift vouchers.
9.6 If the value of the gift voucher is insufficient to cover the order, the difference can be paid using one of the other payment methods offered by the seller.
9.7 The credit of a gift voucher is neither paid out in cash nor does it bear interest.
9.8 The gift voucher is intended only for use by the person named on it. Transfer of the gift voucher to third parties is excluded. The seller is entitled, but not obliged, to verify the material entitlement of the respective voucher holder.
10) Applicable Law
All legal relationships between the parties shall be governed by the law of the Federal Republic of Germany to the exclusion of the laws on the international sale of goods. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.
11) Jurisdiction
If the customer is a merchant, a legal entity under public law, or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive jurisdiction for all disputes arising from this contract shall be the seller’s place of business. If the customer is located outside the territory of the Federal Republic of Germany, the seller’s place of business shall be the exclusive jurisdiction for all disputes arising from this contract if the contract or claims fr...
However, in the above cases, the seller is also entitled to bring an action before the court at the customer’s place of business.
12) Alternative Dispute Resolution
12.1 The EU Commission provides an online dispute resolution platform at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.
12.2 The seller is not obligated but willing to participate in a dispute resolution procedure before a consumer arbitration board.