§ 1 Scope and provider
(1) These General Terms and Conditions apply to all contracts, deliveries and other services between
elberry
Owner: Paul Walter
Oberbeckerstr. 3
44329 Dortmund
Germany
Telephone: +49 231 22 38 57 30
Email: info@elberry.de
VAT ID number: DE328409058
– hereinafter “Seller” – and its customers – hereinafter “Customer” – via the online shop www.elberry.de.
(2) The offer is aimed at both consumers and entrepreneurs. A consumer is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to their commercial or independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
(3) Differing terms and conditions of the customer do not apply unless the seller expressly agrees to their validity in writing.
(4) Individual agreements with the customer take precedence over these General Terms and Conditions.
§ 2 Subject of the contract
(1) The subject of the contract is the sale of new goods, in particular water systems, water filters, filter accessories, spare parts and comparable products.
(2) In addition, the seller offers - by separate agreement - consulting services as well as assembly, installation and maintenance services.
(3) Advice is provided exclusively by telephone and only upon request.
(4) Assembly, installation and maintenance are offered exclusively in Germany, unless otherwise expressly agreed in individual cases.
(5) The essential characteristics of the goods and services result from the respective product and service descriptions in the online shop or from individual offers.
§ 3 Conclusion of contract
(1) The presentation of goods and services in the online shop does not constitute a legally binding offer, but rather a non-binding invitation to place an order.
(2) By submitting the order via the online shop, the customer makes a binding offer to conclude a contract.
(3) The ordering process usually takes place via the following steps:
- Selection of the desired goods or services
- Add to cart
- Call up the order overview
- Entering or checking customer, invoice and delivery data
- Selection of payment method
- Confirmation of acknowledgment of general terms and conditions, cancellation policy and other mandatory information
- Submit the order by clicking the order button
(4) The contract is only concluded when the seller expressly confirms the order by email, ships the goods or begins to perform a service.
(5) The seller is entitled to accept orders within three working days.
§ 4 Storage of the contract text and contract language
(1) The contract language is German. Translations of the shop interface and legal texts help with understanding; selecting a language does not change the contract language. Consumers’ statutory rights remain unaffected.
(2) The contract text is saved by the seller after the contract is concluded, but is not permanently made available to the customer online.
(3) The customer receives the order data, these General Terms and Conditions and other legally required information by email.
(4) If a customer account exists, individual order data can be viewed there. The complete contract text will not be permanently made available in the customer account.
§ 5 Prices, shipping costs and payment conditions
(1) All prices stated in the online shop are in euros and include statutory VAT. Packaging and shipping are charged separately.
(2) Any additional shipping costs and, if applicable, assembly, installation, maintenance or other additional costs will be shown separately in the respective offer, in the shopping cart or as part of an individual agreement.
(3) The available payment methods are displayed in the ordering process. For individually created offers, the method of payment and time of payment depend on the respective agreement.
(4) The seller reserves the right to exclude individual payment methods in individual cases or to only offer them to certain customers.
(5) Unless otherwise agreed, the invoice amount is due immediately.
§ 6 Delivery, shipping area and service time
(1) The goods are delivered from our own warehouse to the delivery address specified by the customer.
(2) The goods are delivered exclusively within Germany.
(3) The delivery time for replacement filters ordered directly from the shop is 3 to 5 working days after the contract is concluded. For water systems, the delivery time agreed in the individual quotation before the contract is concluded applies.
(4) The delivery periods stated and agreed before the contract was concluded apply. Any change after the contract has been concluded requires agreement with the customer. Statutory rights in the event of a delivery delay remain unaffected.
(5) Appointments are agreed individually for assembly, installation and maintenance services. These services are provided exclusively in Germany, unless otherwise expressly agreed.
(6) Partial deliveries and partial services are permitted as long as they are reasonable for the customer.
(7) If additional costs arise because of incorrect address details, refusal to accept delivery or other circumstances for which the customer is responsible, the seller may claim reimbursement of these additional costs, unless the customer is not responsible for the circumstances or validly exercises the right of withdrawal.
§ 7 Transfer of risk
(1) If the customer is a consumer, the risk of accidental loss and accidental deterioration of the goods is generally only transferred when the goods are handed over to the customer or a recipient named by the customer.
(2) If the customer is an entrepreneur, the risk is transferred to the customer when the goods are handed over to the transport company, the freight carrier or another person designated for shipping.
§ 8 Retention of title
The delivered goods remain the property of the seller until full payment has been made.
§ 9 Right of retention and offsetting
(1) Statutory provisions apply to rights of retention.
(2) Statutory provisions apply to set-off.
§ 10 Right of withdrawal
(1) Consumers generally have a statutory right of withdrawal from distance selling contracts.
(2) The details of the right of cancellation can be found in the separate cancellation policy.
(3) For contracts concluded online that carry a statutory right of withdrawal, the electronic withdrawal function is available through the prominent “Withdraw from contract” link in the website footer. After entering their details, customers can submit the declaration using “Confirm withdrawal”. They will promptly receive an email acknowledgment containing the declaration and the date and time of its receipt. Other legally permitted methods of withdrawal remain available.
(4) There is no right of withdrawal in particular for:
- Goods that are not prefabricated and for the production of which an individual selection or determination by the customer is decisive or which are clearly tailored to the personal needs of the customer,
- sealed goods that are not suitable for return for health protection or hygiene reasons if their seal has been removed after delivery,
- other legally regulated exclusion cases.
§ 11 Customer’s obligation to cooperate with services
(1) If assembly, installation, maintenance or consulting services are owed, the customer must provide the necessary cooperation in a timely manner.
(2) The customer must ensure in particular that:
- agreed appointments can be adhered to,
- There is access to the relevant premises or facilities,
- the necessary technical, structural and organizational requirements are met,
- all required information is provided completely and accurately.
(3) If delays or additional expenses arise due to the customer's lack of or delayed cooperation, the customer will bear these additional costs to the extent that he is responsible for the circumstances.
§ 12 Warranty / liability for defects
(1) The statutory liability rights for defects apply, unless otherwise stipulated in these General Terms and Conditions.
(2) The statutory warranty rights apply to consumers without restriction.
(3) The statutory limitation periods apply to claims for defects.
(4) If the purchase is a commercial transaction for both parties, the statutory duties of inspection and notification of defects under § 377 HGB apply. Otherwise, these terms and conditions do not impose any additional duties of inspection or notification of defects.
(5) The customer should report any obvious transport damage to the deliverer as soon as possible and inform the seller immediately. Failure to provide such notification will have no impact on consumers' statutory warranty rights.
§ 13 Liability
(1) The seller is liable without limitation for intent and gross negligence as well as for damages resulting from injury to life, body or health.
(2) In the event of a slightly negligent breach of essential contractual obligations, the seller is only liable for foreseeable damage that is typical for the contract. Essential contractual obligations are those whose fulfillment is essential for the proper execution of the contract and on whose compliance the customer can regularly rely.
(3) Otherwise, liability is excluded in the event of slight negligence.
(4) Liability under the Product Liability Act remains unaffected.
(5) To the extent that the seller's liability is excluded or limited, this also applies to the benefit of his legal representatives, employees and vicarious agents.
§ 14 Choice of law and place of jurisdiction
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) For consumers, this choice of law only applies to the extent that it does not take away the protection of mandatory provisions of the law of the consumer's country of habitual residence.
(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is Dortmund.
§ 15 Consumer dispute resolution
The seller is neither obliged nor willing to take part in dispute resolution proceedings before a consumer arbitration board.