I. General Terms and Conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to all contracts that you conclude with us as the provider (Elektrowelt Zwickau GmbH) via the website www.elektrowelt-zwickau.de. Unless otherwise agreed, the inclusion of any of your own terms and conditions is hereby expressly rejected.

(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor related to their self-employed professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

§ 2 Conclusion of the Contract

(1) The subject matter of the contract is the sale of goods.

(2) All information, such as images and technical descriptions, as well as details regarding the usability of the goods, constitute general product descriptions. It is expressly pointed out that colors in reality may differ from those shown in photos. The presentation of products in the online shop does not constitute a legally binding offer, but a non-binding online catalog.

(3) The contract is concluded via the online shopping cart system as follows:

The goods intended for purchase are placed in the “shopping cart.” You can access the “shopping cart” at any time via the corresponding button in the navigation bar and make changes there.

After accessing the “checkout” page and entering your personal data as well as payment and shipping conditions, all order details are displayed once again on the order overview page.

If you use an instant payment system (e.g., PayPal / PayPal Express / PayPal Plus, Amazon Payments, Postpay, Sofortüberweisung), you will either be directed to the order overview page in our online shop or first redirected to the website of the provider of the instant payment system.

If you are redirected to the respective instant payment system, you make the appropriate selection or enter your data there. Finally, you will be redirected back to our online shop to the order overview page.

Before submitting the order, you have the opportunity to review all information once again, change it (also via the “back” function of your internet browser), or cancel the purchase.

By submitting the order via the button “order with obligation to pay,” you declare your legally binding acceptance of the offer, by which the contract is concluded. The purchase contract is only concluded upon our acceptance of the order or shipment of the goods, not upon the automatically generated order confirmation. The order confirmation merely confirms receipt of your binding purchase offer in an automated manner.

(4) Your inquiries regarding the preparation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g., by email), which you can accept within 5 days.

(5) The order processing and transmission of all information required in connection with the conclusion of the contract take place partly automatically by email. You must therefore ensure that the email address you have provided is correct, that receipt of emails is technically ensured, and in particular that it is not prevented by SPAM filters.

§ 3 Individually Designed Goods

(1) You must provide us with the suitable information, texts or files required for the individual design of the goods via the online ordering system or by email without delay after conclusion of the contract. Any specifications regarding file formats must be observed.

(2) You undertake not to transmit any data whose content violates the rights of third parties (in particular copyrights, name rights, trademark rights) or violates applicable laws. You expressly indemnify us against all claims asserted by third parties in this context, including the costs of any necessary legal representation.

(3) We do not check the transmitted data for content accuracy and assume no liability for errors in this respect.

(4) If we create texts, images, graphics or designs for you as part of individual customization, these are subject to copyright protection.

Without our express consent, the use, reproduction or modification of individual parts or entire content is not permitted.

Unless otherwise agreed, we grant you a non-limited right of use to the copyrighted works created for you. You are expressly prohibited from making the protected works or parts thereof available to third parties, whether for private or commercial purposes.

The transfer of the right of use is subject to the condition precedent of full payment of the agreed purchase price.

§ 4 Right of Retention, Retention of Title

(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

(3) If you are an entrepreneur, the following additionally applies:

a) We retain ownership of the goods until all claims arising from the ongoing business relationship have been fully settled. Prior to the transfer of ownership of the reserved goods, pledging or transfer by way of security is not permitted.

b) You may resell the goods in the ordinary course of business. In this case, you hereby already assign to us all claims arising from the resale up to the amount of the invoice; we accept this assignment. You remain authorized to collect the claims, but we reserve the right to collect them ourselves if you fail to properly meet your payment obligations.

c) In the event of combination or mixing of the reserved goods, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.

d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is at our discretion.

§ 5 Warranty

(1) The statutory warranty rights for defects apply.

(2) If you are an entrepreneur, the following deviations from paragraph 1 apply:

a) Only our own specifications and the manufacturer’s product description shall be deemed agreed as the quality of the goods, but not other advertising, public promotions, or statements made by the manufacturer.

b) You are obliged to inspect the goods immediately and with due care for deviations in quality and quantity and to notify us of obvious defects within 2 days of receiving the goods in text form (e.g., by email). This also applies to hidden defects discovered later from the time of discovery. In case of violation of the obligation to inspect and give notice of defects, the assertion of warranty claims is excluded.

c) In the event of defects, we shall provide warranty at our discretion by repair or replacement. If the rectification fails, you may choose to demand a reduction in price or withdrawal from the contract. Rectification is deemed to have failed after the second unsuccessful attempt, unless the nature of the goods or defect or other circumstances indicate otherwise. In the case of repair, we shall not bear increased costs caused by transporting the goods to a location other than the place of performance, unless such transport corresponds to the intended use of the goods.

d) The warranty period is one year from delivery of the goods. The shortened warranty period does not apply to damages attributable to us arising from injury to life, body or health, or from gross negligence or intent, nor in cases of fraud, or recourse claims pursuant to §§ 478, 479 BGB.

§ 6 Liability

(1) We are liable without limitation in cases of intent and gross negligence, fraudulent concealment of defects, assumption of a guarantee for the condition of the item, and in all other cases regulated by law.

(2) Liability for defects within the framework of statutory warranty is governed by the corresponding provisions in our customer information (Part II) and these General Terms and Conditions (Part I).

(3) If essential contractual obligations are affected, our liability in cases of slight negligence is limited to the typical, foreseeable damage. Essential contractual obligations are those fundamental duties arising from the nature of the contract whose breach would jeopardize the purpose of the contract, as well as duties the fulfillment of which is essential for the proper execution of the contract and on whose compliance you may regularly rely.

(4) In the case of breach of non-essential contractual obligations, liability for slight negligence is excluded.

(5) Data communication over the Internet cannot be guaranteed to be error-free and/or available at all times according to the current state of technology. We are therefore not liable for the constant or uninterrupted availability of the website and the services offered therein.

§ 7 Choice of Law

(1) German law applies. In the case of consumers, this choice of law applies only insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country of their habitual residence (principle of favorability).

(2) The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) shall expressly not apply.