General terms and conditions of business
(1) ellabee, Denninger Straße 46, 81679 Munich, Management: Madeleine Treuleben, Tel. 089-889 806 03, Mail: email@example.com
(hereinafter referred to as "ellabee.de" or "we") operates an online shop at the Internet address www.ellabee.de (hereinafter referred to as "website"). For all orders that you (hereinafter also referred to as "customer") make via the website and for our deliveries and services, the following general terms and conditions apply exclusively in the version valid at the time of the order. We do not recognize deviating provisions of the customer unless we have agreed to their validity in writing.
(2) The presentation of the goods on our website does not constitute an offer by ellabee.de to conclude a purchase contract.
(3) By sending us the order form provided on our website, you make a binding offer to conclude a purchase contract with us. You make the offer by entering all the necessary information during the ordering process and finally sending the order form to us by clicking the "Buy" button. Before submitting the offer, you will receive an overview of the information you have provided and the opportunity to correct any input errors.
(4) After we have received your order, we will send you an e-mail confirming that we have received your order and listing the details of your order (hereinafter referred to as "order confirmation"). Please note that this order confirmation is not a declaration of acceptance of your contract offer, but is for information only.
(5) The purchase contract between you and ellabee.de is only concluded when we accept the offer by sending the ordered goods. In the case of advance payment, the delivery will only take place after the full amount has been credited to our account.
(6) ellabee.de is entitled to reject an offer on your part without giving reasons, in particular if there is reasonable suspicion that the goods purchased via the Internet are to be resold commercially without express written consent.
2. Cancellation policy
If you are a consumer within the meaning of § 13 BGB, you have the right to revoke your declaration of intent to conclude the purchase contract. A consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity.
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 last goods. To exercise your right of withdrawal, you must send us, ellabee.de, Denninger Straße 46, 81679 Munich, Germany, firstname.lastname@example.org, Tel. + 49 89-889 806 03 by means of a clear statement (e.g. a letter sent by post or email) about your decision to withdraw from this contract. 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.
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 must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired. 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
3. Voluntary right of return – returns
Irrespective of the right of cancellation to which you are entitled by law, ellabee.de grants you a voluntary right of return under the following conditions:
(1) All goods from ellabee.de can be returned to ellabee.de within 30 days of receipt of the goods.
(2) However, the right of return only applies to unused and undamaged goods from which the labels have not been removed.
(3) Methods of return
(a) The return of the goods takes place exclusively with the shipping service provider through which the goods were delivered (DHL or UPS).
(b) Please note that we can only accept returns from the respective delivery country. If the delivery was made to Austria, for example, the return may only be made from Austria.
(c) In the event of a return, a credit will be made to your account/card, any losses due to currency fluctuations will not be reimbursed.
(d) The return must be sent to: ellabee, Denninger Straße 46, 81679 Munich.
(4) If you have any questions about your right of return, please contact our office and print out the return slip available online: Available under Returns return slip.
Telephone: +49 89 889 806 03
This voluntary right of return does not limit your statutory rights and therefore also not your right of withdrawal as described above.
4. prices; goods display; Availability
(1) The prices stated on our website www.ellabee.de at the time of your order apply.
(2) The goods offered at www.ellabee.de are presented on the website in the form of digital photographs of the real goods. Minor deviations between the representation and reality do not constitute a defect in the goods ordered.
(3) If you have ordered several goods at the same time, the individual goods can be delivered at different times. § 266 BGB remains unaffected. Shipping costs are charged only once in this case.
(4) If you have ordered goods that are not available at the time of your order, you will be informed immediately by e-mail when your ordered goods will be available again and will be delivered.
5. Storage of the text of the contract
We store and use your order data to process the concluded contractual relationship. If you want a printout of your order, you have the option of printing out a "confirmation of receipt". This appears on your screen after you have sent the order to us by clicking on the "Complete order" button and your credit card details have been successfully checked.
You will also receive the order confirmation with all the data provided by email.
6. Order & Shipping
(1) Order around the clock, quickly and conveniently in our online shop. Simply select your favourite, click and order.
Your delivery will usually be made within two to five days by post or DHL. This only applies to goods that are immediately available.
If you pay in advance, delivery will only take place after the full purchase price has been credited to our account.
(2) Shipping Costs
We charge a shipping fee of €3.80 per order for orders up to €100. We charge €7.50 for goods with a value of between €100 and €500, and we deliver free of charge for goods with a value of €500 or more. The shipping fee is only charged once if we deliver several goods from one order to you in individual deliveries. The transport risk is borne by ellabee.de
Shipping costs to other European countries UPS Standard: €22
Shipping costs to Austria, UPS Standard: €15
Shipping costs to Czech Republic, UPS standard: 15,-€
Shipping costs to Poland, UPS Standard: €15
Shipping costs to Switzerland, up to 2kg:
by registered mail: €20
Shipping costs to Switzerland from 2-5kg, UPS standard: €25
(3) Payment Methods
You can use the following payment options:
(a) Pay by Invoice
Cashless payment within 14 days after receipt of the invoice by post or bank transfer to our following account:
Kreissparkasse München Starnberg, IBAN DE26 7025 0150 0027 8905 73,
BIC : BYLADEM1KMS
(b) Payment in advance
Cashless payment within 14 days after receipt of the advance payment invoice by post or bank transfer to our following account:
Kreissparkasse München Starnberg, IBAN DE26 7025 0150 0027 8905 73,
BIC : BYLADEM1KMS
(c) Pay by direct bank transfer
"Sofortüberweisung" is a new, innovative payment method with a TÜV certificate and TÜV-tested transaction security. Sofortüberweisung was developed by Sofort AG and is already being used in numerous online shops in Europe. Using the secure Sofort AG payment form, which is not accessible to retailers, Sofortüberweisung automatically and in real time places a transfer in your online bank account. The purchase amount is transferred immediately and directly to the retailer's bank account.
(d) Pay by PayPal
PayPal is an online payment service provided by PayPal (Europe) S.à.rL& Cie., SCA. To be able to use this payment method, you need a PayPal account. With PayPal you can pay simply by entering your email address and password. Your PayPal account will then be debited with the amount of your order.
(e) Payment by Gift Card
Payment by gift card is made by entering the gift card code in the field provided during the ordering process and then clicking on the "Apply code" button ("shopping cart" order step). If the order value exceeds the value of the Gift Card Code, you must also select one of the payment methods offered with which you want to pay the remaining amount. If the value of the Gift Card code is higher than the order value, you can use the same code again for your next purchases until the Gift Card balance is completely used up. A cash payment for the Gift Card is not possible.
Offsetting by the customer is excluded unless the counterclaim has been legally established or is undisputed or includes a claim for compensation for the costs of remedying defects from the same contractual relationship.
8. Right of retention in commercial transactions
In commercial dealings, the customer's right of retention and refusal of performance are excluded, unless these are based on undisputed or legally established counterclaims or on claims for the rectification of defects from the same contract.
9. Retention of Title
The delivered goods remain the property of ellabee.de until full payment has been made
10. Questions about the order or complaints
Questions about your order or complaints please contact our customer service:
Telephone: +49 89 889 806 03
The statutory provisions apply to claims due to defects in the delivered goods, with the exception that a claim for damages due to a defect only exists in accordance with the following Section 12.
(1) We have unlimited liability for intent and gross negligence. In the case of simple negligence, our liability in the event of a breach of a main obligation or an ancillary obligation, the breach of which jeopardizes the achievement of the purpose of the contract or the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer could rely ("essential obligation"), is foreseeable , contract-typical damages are limited. For the rest, liability is excluded subject to paragraph (2).
(2) Liability in the event of fraudulent concealment of defects or the assumption of a quality guarantee as well as liability for claims based on the Product Liability Act and for damage resulting from injury to life, limb or health remain unaffected. This does not involve a change in the burden of proof to the detriment of the customer.
(3) With the exception of claims arising from tortious acts, claims for damages by the customer, for which liability is limited according to this Section 12, shall become statute-barred one year from the start of the statutory limitation period.
(4) Insofar as the liability of ellabee.de is excluded or limited, this also applies to the personal liability of employees, employees, employees, representatives and vicarious agents.
13. Choice of Law, Effectiveness
(1) German law applies exclusively to all legal disputes arising from or in connection with the purchase contract, to the exclusion of the UN Sales Convention.
(2) Should one or more provisions of these general terms and conditions be ineffective, this does not affect the validity of the remaining provisions.