Terms and Condition

Terms and Condition

 

General1.1 Scope

These general terms and conditions apply in the version valid at the time of conclusion of the contract for all business relations between us Elly Lash, Mr. Nawid Waziri, Elligersweg 61, 22307 Hamburg and you. If you use conflicting terms and conditions, this is hereby expressly prohibited.1.2 contract

Contract language is German.

The display option in other languages ​​is only for assistance.

 

1.3 Registration

To use the full extent of our website, it is initially possible to create a customer account. Here, the data required for the provision of services by us are queried. The entries are confirmed by clicking on the button “Register”. You will receive a confirmation email with the information required for a login. Only when you have logged in for the first time with this information on our website, the registration is completed.

The password, which gives you access to the personal area, is to be kept strictly confidential and must never be passed on to third parties. You take appropriate and appropriate measures to prevent third parties from being aware of your password. A customer account can not be transferred to other users / customers or other third parties.

1.4 Conclusion of contract

The presentation of the assortment in our online shop is initially non-binding. The ordering process consists of a total of four steps. In the first step you select the desired goods. In the second step, enter your data, including billing address and, if applicable, different delivery address, if you have not already stored these in your customer account. In the third step, select the desired payment method. In the fourth step, you have the opportunity to review all information (for example, name, address, method of payment, ordered items) again and correct any input errors before you confirm your order by clicking on the button “order with payment”. By placing an order, you bindingly declare your contract offer. We will confirm the receipt of the order immediately. The confirmation of receipt does not represent a binding acceptance of the order. We are entitled to accept the contractual offer contained in the order within two days after receipt of the order by e-mail, fax, telephone, by post or by notifying the dispatch of the goods. Only with the assumption the contract comes off.

The contract text will be stored by us and sent to you after sending your order together with the present GTC and customer information in text form (eg e-mail, fax or post). However, the contract text can no longer be retrieved from you after sending your order via the website. You can use the print function of the browser to print out the relevant website with the contract text.

2. delivery

2.1 Partial deliveries

We are entitled to partial deliveries if this is reasonable for you. In the case of partial deliveries, however, you will not incur any additional shipping costs.

2.2 Delivery and service delays

Delivery and performance delays due to force majeure and due to extraordinary and unforeseeable events, which can not be prevented by utmost care from us (this includes in particular strikes, official or court orders and cases of improper or improper self-supply despite pending coverage business) we are not responsible. They entitle us to postpone the delivery for the duration of the obstructing event.

2.3 Resignation

In case of unavailability for reasons mentioned above, we can withdraw from the contract. We undertake to inform you immediately about the unavailability and to reimburse immediately any compensation already paid.

2.4 Exclusion of delivery

PO Box addresses are not supplied.

2.5 Acceptance delay

If you fall into arrears with the acceptance of the ordered goods, we are entitled, after setting a reasonable grace period, to withdraw from the contract and claim damages for delay or non-performance. During the default of acceptance you carry the risk of accidental loss or accidental deterioration.

2.6 Performance time

Unless expressly agreed otherwise, the delivery will be made by us within 5 days. The deadline for the delivery of advance payment is the day after the payment order is sent to the referring bank or, in the case of cash on delivery or purchase, the day after the conclusion of the contract. The deadline ends on the following fifth day. If the last day of the period falls on a Saturday, Sunday or a general public holiday recognized at the place of delivery, the deadline ends on the next working day.

3. payment

3.1 Prices and shipping costs

All prices include VAT. In addition, there are the separately reported costs for packaging and shipping, unless collection is agreed by you at our place of business.

3.2 Late payment

You will be in default of payment if the payment is not received within two weeks of receipt of the invoice. In the event of late payment, interest shall be charged at 5 percentage points above the base rate of the European Central Bank, or 9 percentage points above the base rate of the European Central Bank for legal transactions in which a consumer is not involved. If you fall into arrears with your payments, we reserve the right to charge reminder fees in the amount of 2.50 euros. The assertion of a further compensation remains at liberty. You have the opportunity to prove that we have incurred no or less damage.

3.3 Right of retention

The assertion of a right of retention only applies to such counterclaims that are due and based on the same legal relationship as your obligation.

  1. Cancellation policy for consumers in distance contracts

Cancellation

Withdrawal

You have the right to revoke this contract within fourteen days without giving any reason. The revocation period is fourteen days from the date on which you or a third party named by you, who is not the carrier, the goods / the last In order to exercise your right of withdrawal, you must (Elly Lash, Mr Nawid Waziri, Elligersweg 61, 22307 Hamburg, Phone: 015214760722, E-mail: info@ellylash.com) by means of a clear statement ( eg a letter sent by post or e-mail) about your decision to withdraw from this contract. You can use the enclosed model withdrawal form for this, which is not obligatory. In order to maintain the cancellation period, it is sufficient that you send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.Consequences of the withdrawalIf you revoke this contract, we have you all payments we have received from you, including delivery charges (excluding any additional costs arising from choosing a different delivery method than the most favorable standard delivery we offer), immediately and no later than fourteen days from the day on which the notification of your withdrawal of this contract has been received by us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees. We may refuse the repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You have the goods immediately and in any event no later than fourteen days from the day you inform us of the cancellation of this contract, to return it to us or to hand it over to us. The deadline is met if you send the goods before the deadline of fourteen days. You bear the direct costs of returning the goods. You only have to pay for a possible loss in value of the goods, if this loss of value is due to a non-necessary to examine the nature, characteristics and functioning of the goods dealing with them.- End of the cancellation policy –

Exclusion of the right of withdrawal

The right of withdrawal does not apply to contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. Likewise, there is no right of withdrawal for contracts for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded.

Special instructions for premature termination of the right of withdrawal

In the case of contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene, your right of revocation expires prematurely if the sealing of the goods has been removed after delivery. For contracts for the delivery of sound or video recordings or computer software in a sealed packaging, your right of withdrawal expires prematurely if the seal has been removed after delivery.

  1. Retention of title

The delivered goods remain our property until full payment of the purchase price. You have to treat the goods under simple retention of title at any time with care. You assign to us a claim or replacement that you receive for the damage, destruction or loss of the delivered goods. If you behave in breach of contract, especially in case of default, we are entitled to take back the purchased item. In the withdrawal of the thing in this case is no resignation from the contract, unless we explain this explicitly in writing.

  1. Warranty

6.1 Warranty claim

There are statutory warranty rights. A warranty claim can only arise with regard to the condition of the goods, reasonable deviations in the aesthetic properties of the goods are not subject to the warranty claim. In particular with regard to the descriptions, representations and information in our offers, brochures, catalogs, on the website and other documents may lead to technical and design differences (eg color, weight, dimensions, design, scale, positioning, etc.), as far as these changes are reasonable for you. Such reasonable reasons for change may arise from commercial fluctuations and technical production processes. Insofar as guarantees are given in addition to the warranty claims, you will find their exact conditions in each case with the product. Possible guarantees do not affect the warranty rights.

6.2 Guarantee to consumers

The risk of accidental loss or deterioration of the goods sold is only transferred to you upon delivery of the goods. If you realize that the outer packaging arrives damaged or notice damage on receipt of the goods, we ask you to inform us. However, there is no obligation to make such a notification, nor are the warranty rights affected by any failure to do so. If the goods are defective, you can optionally demand supplementary performance in the form of repair or subsequent delivery. If defects are not remedied even after two attempts at rectification, you are entitled to withdraw or reduce the price.

6.3 Warranty to entrepreneurs

Contrary to the legal warranty regulations, it applies to contractors that in the event of a defect we provide the supplementary performance in the form of the elimination of the defect or the new delivery. The risk of accidental loss or deterioration of the thing is already transferred to the person destined for transport to you. Entrepreneurs must immediately report obvious defects and non-obvious defects immediately upon discovery in writing; Otherwise the assertion of warranty claims is excluded. Deadline is sufficient for the timely dispatch. The entrepreneur bears the full burden of proof for all conditions of the claim, in particular for the defect itself, for the time of the discovery of the defect and for the timeliness of the complaint.

6.4 Rights with insignificant defect

If there is only an insignificant defect, you have the exclusive right to reasonably reduce the purchase price to the exclusion of the right of withdrawal.

6.5 Compensation for defects

No warranty is given for damages resulting from improper handling or use. The following disclaimer is expressly indicated.

6.6 Statute of limitations

For used goods the warranty is 1 year. As far as you are an entrepreneur, the warranty for used goods is excluded and for new goods, this is 1 year. Excluded from this is the recourse claim under § 478 BGB. The shortening of the statute of limitations expressly excludes the liability for damages resulting from injury to life, limb or health or in case of intent or gross negligence. The provisions of the Product Liability Act remain unaffected.

  1. Liability

7.1 Disclaimer

We and our legal representatives and vicarious agents are liable only for intent or gross negligence. Insofar as essential contractual obligations (as a consequence of which such obligations are of particular importance for the achievement of the purpose of the contract) are also affected, slight negligence is also liable. The liability is limited to the foreseeable, contract-typical damage. In the case of a grossly negligent breach of non-essential contractual obligations, we are liable to contractors only in the amount of the foreseeable, contract-typical damage.

7.2 Liability

The above disclaimer of liability does not cover liability for damage resulting from injury to life, limb or health. The provisions of the Product Liability Act remain unaffected by this disclaimer.

  1. Final provisions

 

8.1 Jurisdiction

Our place of business is the exclusive place of jurisdiction for all legal disputes arising from this contract, provided that you are a merchant, a legal entity under public law or a special fund under public law or if you have no place of jurisdiction in the Federal Republic of Germany.

8.2 Choice of law

Insofar as mandatory statutory provisions in accordance with your home law do not preclude, German law shall apply under exclusion of the UN Sales Convention.

8.3 Consumer Dispute Resolution

The EU Commission has created an Internet platform for the online settlement of disputes regarding contractual obligations arising from online contracts (OS platform). You can access the OS platform at the following link: http://ec.europa.eu/consumers/odr/. We are not willing and obliged to participate in a dispute settlement procedure before a consumer arbitration board.

8.4 Severability clause

The invalidity of individual provisions does not affect the validity of the remaining terms and conditions.