Terms & conditions of elysia GmbH

Our goods, services and offers shall be furnished exclusively on the basis of these Terms and Conditions. On placement of his/her order, the purchaser shall hereby agree to this contractual basis. The related service pages also contain additional information on the ordering procedure, our contract terms and further handling of the contract.

1 Purchaser's duty to supply information

1.1 The purchaser shall be obliged to provide only truthful information at the time of registration (login). The purchaser shall inform us immediately about any changes to important data relating to our business relations (e.g. name, address, email address, consumer status) in the case of a current order or otherwise prior to the next order. If the purchaser provides us with false information, we shall be entitled to with-draw from already concluded contracts and block access by this purchaser to our online shop.

1.2 The purchaser shall ensure that the email address which he/she provides is contactable. The rights stipulated in subparagraph 1 shall accrue to us if emails cannot be received due to their forwarding, cancellation of the email account or overfilling of the email in-box.

2 Conclusion of the contract

2.1 Our product offers shall be non-binding. On placing his/her order in our online store, the purchaser shall hereby declare with binding effect that he/she wants to purchase the contents of his/her goods basket (contract offer). The purchase contract shall come about through our express or implied declaration of acceptance insofar as this declaration suffices. We shall be under no obligation whatsoever to accept orders.

2.2 In the event of differences between the order and order confirmation, our declaration shall take precedence, unless the difference has to be regarded as a new contract offer.

2.3 If we make obvious mistakes, typographical errors, printing errors or miscalculations in the presentation of an offer or as part of an order confirmation, they shall not be binding upon our company.

2.4 We shall save the contract text and send you the order information and general terms and conditions via e-mail. You can view your past orders in our customer login area.

3 Prices

3.1 Unless otherwise agreed, the prices shown in the order shall apply.

3.2 The prices shall include the value-added tax applying in Germany at the time of the order plus the flat-rate freight costs shown in the order. In the case of deliveries to a country which is not a member of the European Union, the price shall be reduced by the amount of German value-added tax. In this case, however, the purchaser shall immediately pay the customs duties and import turnover tax occurring at the time of importation. The purchaser shall release us in this respect from any claims.

4 Deliveries, force majeure

4.1 We shall endeavor to comply with the expected delivery periods stipulated in our online offer. If the stipulated delivery periods are exceeded by more than two weeks, the purchaser shall be entitled to notify us of his/her order cancellation.

4.2 The delivery period shall be extended, without the need for us to indicate this, if and insofar as the purchaser has selected the Advance Payment mode, but does not make any payment.

4.3 Temporary impediments to delivery due to force majeure (e.g. war, trade restrictions, strikes, traffic disruptions) and other unforeseen events for which we are not responsible shall entitle us to not make the delivery until this impediment has been removed. We shall notify the purchaser immediately in the event of such an impediment. If the impediment lasts for more than two weeks beyond our regular delivery periods, both we and the purchaser shall be entitled to cancel the contract subject to a reasonable deadline.

5 Payment

5.1 Unless otherwise arranged, our invoices shall be paid depending on the agreement either by means of cash in advance, credit card or PayPal.

5.2 In the case of cash in advance, payment shall be made within two weeks after delivery of our confirmation of receipt of the order; otherwise we shall automatically cancel the order. The date on which we receive the money shall be the decisive factor. If payment is received late, a new goods order shall be necessary.

5.3 Payment shall only be deemed to have been made when we can dispose of the amount.

5.4 The purchaser may only exercise a right of retention if his/her counterclaim is based on the same contract. The purchase may only exercise a right of offsetting if his/her counterclaim is final and absolute or has been recognized by us.

6 Warranty

6.1 All pictures which we use to depict goods are merely specimen photos. They shall not represent a true-to-life reproduction of the respective product at any rate; they shall only serve as an illustration. The products may differ from the photo. The technical description of the product shall be the decisive factor.

6.2 Drawings, diagrams, technical data, weights, dimensions and performance descriptions shall be regarded as approximate values and shall only be binding if we expressly designate them as such in writing. Characteristics shall only be guaranteed within the meaning of § 443 of the German Civil Code (BGB) if we expressly issue a corresponding warranty in writing. We shall reserve the right to make changes to the characteristics of the products prior to delivery, provided they do not affect the quality of the goods or only affect their quality to a slight extent. The manufacturer's product description shall only be regarded as the agreed characteristics of the goods, but not a description in public statements, declarations or advertisements.

6.3 Our products shall only be suitable for normal private or commercial use, but not for use in critical security systems, nuclear power stations or medical equipment with a lifesaving function. We shall not be responsible for damage caused through such use or a comparable application.

6.4 If you receive a good that has obviously been damaged during transport, please complain about this directly to the shipping agent and also contact us as soon as possible. Not doing so will not void your warranty rights, but it will help us to claim from the shipping agency or the shipping insurance.

6.5 The warranty period shall be 24 months from the date of delivery of the goods.

6.6 We shall assume no warranty for damage which was caused due to unsuitable or improper use, incorrect installation or commissioning by the purchaser or third parties, natural wear and tear, incorrect or negligent handling, unsuitable operating resources, non-compliance with operating and maintenance instructions, and improper modifications or repair work by the purchaser or third parties.

6.7 If the purchaser carries on using the goods in spite of knowledge of a defect, we shall only be liable for the original defect, but not for any damage which was caused through further use.

7 Liability

We shall be liable to pay unlimited compensation on account of the infringement of contractual and non-contractual obligations in the case of malice, intent and gross negligence. If we infringe a material contractual obligation due to negligence, our liability for damages shall be limited to typical contractual, foreseeable damage. This provision shall also apply to infringements of obligations by our vicarious agents. Any further claims shall be excluded. Our liability under the Product Liability Act, from a guarantee, or on account of physical injury shall not be affected.


8 Reservation of ownership

Our goods shall remain our property until the purchase price has been paid in full. If the reserved goods are combined with other goods, we shall acquire joint ownership of the new product in the ratio between the invoice value of our goods and the invoice value of the other combined goods. The purchaser shall keep the reserved goods or our jointly owned product for us without remuneration. Pledges or assignments as security regarding our (jointly) owned goods shall not be permitted. In the case of attachments by third parties to the reserved goods, the purchaser shall make reference to our property and shall inform us immediately. The purchaser shall now assign to us by way of security all demands arising from resale or another legal reason (insurance, unauthorized handling) regarding the reserved goods.

9 Licenses

If software forms part of the scope of supply, the purchaser shall be entitled to use it in accordance with copyright restrictions. Apart from resale, the transfer of software to third parties shall not be permitted. At the latest when the software is used, the purchaser shall accept the license conditions of the particular manufacturer or licenser.

10 Prohibition of assignment

Assignment of any demands or claims against us to third parties shall be excluded, unless we agree expressly to assignment in writing. We shall be obliged to agree assignment if the purchaser can prove a justified interest in assignment. The prohibition of assignment shall also apply to warranty claims; they shall only accrue to the contract partner of elysia GmbH.

11 Data protection

11.1 We process and store the data necessary for processing orders in our online store. These include name, address and contact details of the buyer. We use personal information within the meaning of the Data Protection Act. If, in the context of order-data processing personal data is relayed to service providers, these are also bound to the BDSG Federal Data Protection Act and other statutory provisions.

11.2 By registration to the newsletter, your email address will be used with your consent for our promotional purposes, until you unsubscribe from our newsletter.

11.3 Registration is not absolutely necessary to use our online store, however, certain functions (such as tracking the parcel being delivered by the respective delivery service) are available only after registering and setting up a customer account.

11.4 We use cookies – small files with configuration information. These help in determining individual user settings and implementing special user functions. We do not use cookies to collect any personal data. All functions of the online store can also be used without cookies, but then some user-defined properties and settings are not available.

11.5 You have the option of calling up and printing the content of your consent (this text) at any time. Furthermore, you have the right to obtain or correct, without charge, information about the data that has been saved concerning your person.

11.6 You have the right to revoke your consent to the collection, saving, processing or transmission of your data at any time, effective for the future. You can send your written cancellation to us at the office address listed in the legal notice.

11.7 Modifications to this privacy policy are updated online at this location. They shall be regarded as acknowledged if you do not object to them in writing or via e-mail. The objection must be communicated to elysia GmbH within 14 days after the modifications have been made.

12 Revocation

Right of Withdrawal
You may cancel your contractual statement, without giving reasons, in writing (e.g. letter, fax, e-mail) or by returning the good within two weeks. This period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient (in the recurring supply of similar goods not before receipt of the first partial delivery) and also does not fulfill our obligations in accordance with Section 312C para 2 BGB in conjunction with § 1 para 1, 2 and 4 BGB-InfoV as well as our obligations under 312e para 1 sentence 1 BGB in conjunction with § 3 BGB-InfoV. In order to safeguard the withdrawal period it is sufficient to timely send the withdrawal or the cause. Please announce your withdrawal to:

elysia GmbH
Am Panneschopp 18
41334 Nettetal
Germany

Consequences of Withdrawal
In the case of an effective cancellation, each party shall return the received services; the compensation for capitalized use (if any) shall be reimbursed/returned. Compensation for loss of value is required, where applicable, if you are unable to return the received goods in whole or in part or only in a deteriorated state. This does not apply when surrendering goods if the deterioration of the good can be attributed solely to its inspection – such as that you could have conducted in a retail shop. Otherwise you can avoid the obligation to provide compensation for value for deterioration caused by intended use of the good by not using the good as a proprietor and by refraining from everything which can diminish its value. Goods which can be sent as parcels are to be returned at our risk. You must bear the cost of the return if the good delivered corresponds to your order and if the price of the good to be returned does not exceed 40 Euro, or if the price of the good is higher and you have not yet rendered the equivalent or a contractually agreed partial payment at the time of the cancellation. Otherwise the return is free of charge for you. Goods which cannot be sent as parcels are picked up by us. Obligations for refunding payments must be fulfilled within 30 days. For you, this period begins when you send off your notice of cancellation or the good; for us it begins when we receive the notice or good.

Limitations of Right of Withdrawal
Software does not come under the Right of Withdrawal if the data storage medium has been unsealed. If the software is distributed online or unlocked by activation codes, the Right of Withdrawal does also not apply. Goods that have been explicitly built corresponding to customer specifications do not come under the Right of Withdrawal.

Payments by credit card are refunded only to the corresponding credit card account. Transfers for advance payment orders will be refunded to an account to be specified by the customer.

Please call us at +49 2157 126040 or send an email to info@elysia.com before returning any goods. This is no precondition to withdraw from your purchase, but it helps us to improve our service quality and speed.

13 Final provisions

13.1 German law to the exclusion of the UN Convention on the International Sale of Goods shall apply to business relations with the purchaser.

13.2 The exclusive place of jurisdiction for business customers shall be the courts responsible at the business location of elysia GmbH.

13.3 If one of the clauses of these General Terms and Conditions is wholly or partially invalid, the validity of the other clauses shall not be affected.

Version: June 2009

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