General Terms and Conditions

1. Scope
2. Contracting party, conclusion of contract, correction options
3. Contract language, storage of the contract text
4. Subject matter of the contract
5. Requirements and handling of customer content
6. Delivery conditions
7. Payment
8. Right of withdrawal
9. Retention of title
10. Transport damage
11. Warranty and guarantees
12. Liability
13. Code of conduct
14. Dispute resolution
15. Final provisions

1. Scope

The following Terms and Conditions apply to all orders placed via our online shop by consumers and entrepreneurs.

A consumer is any natural person who concludes a legal transaction for purposes that are predominantly outside their trade, business or profession. An entrepreneur is a natural or legal person or a partnership with legal capacity that acts in the exercise of its trade, business or profession when concluding a legal transaction.

With regard to entrepreneurs, the following applies: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they only become part of the contract if we have expressly agreed to this.

2. Contracting party, conclusion of contract, correction options

The purchase contract is concluded with Elke Plastic GmbH.

By placing the products in the online shop, we make a binding offer to conclude a contract for these products. You can initially place our products in the shopping basket without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained for this purpose during the order process. The contract is concluded when you accept the offer for the products contained in the shopping basket by clicking the order button. Immediately after submitting the order, you will receive a confirmation by email once more.

3. Contract language, storage of the contract text

The language(s) available for the conclusion of the contract: German

We store the contract text and send you the order data and our Terms and Conditions in text form. You can view the contract text in our customer login.

4. Subject matter of the contract

4.1 Product description

We point out that the respective product description applies as an essential part of the contract.

4.2 Product images

Notwithstanding your statutory warranty rights, we would like to point out the following particularities. If in doubt, please contact us:

Due to individual screen configurations (e.g. resolution and brightness), slight deviations between the displayed and the actual product colours are possible.

4.3 Right of use

Any sketches, drafts, preliminary products etc. created by us to fulfil the order are legally protected. We grant you a simple, non-exclusive right to use them for the purpose of fulfilling the order to the contractually agreed extent.

5. Requirements and handling of customer content

5.1 Requirements

Insofar as it is necessary for the fulfilment of the order that you transmit content to us (e.g. texts, data, files), the existing technical possibilities and any applicable requirements are governed by the respective product description.

You are solely responsible for the content, including the legality and accuracy of the content you transmit. We do not carry out any editorial review of the content before executing the order.

5.2 Compliance with applicable law

The content as well as the products to be created from it must always comply with the respective applicable legal provisions. In particular, they must not infringe any rights and claims of third parties (in particular copyright, trademark or other protective rights) and must not contain or serve any content glorifying violence, discriminatory, racist, xenophobic or other immoral or anti-constitutional content or purposes.

5.3 Indemnification

You indemnify us against claims by third parties that they may assert in connection with an infringement of their rights through the contractual use by us. In this regard, you also assume the necessary costs of legal defence, including all court and lawyer costs at the statutory level. The indemnification does not apply insofar as the infringement is not attributable to you. In the event of a claim by third parties, you are obliged to provide us immediately, truthfully and completely with all information required for the examination of the claims and a defence.

5.4 Reservation of withdrawal

We reserve the right to refuse the order or to withdraw from the contract if the content provided by you for this purpose violates legal or official prohibitions or public morality, or if there is a justified suspicion thereof. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, insulting, youth-endangering and/or violence-glorifying content.

6. Delivery conditions

6.1 Shipping costs

Standard shipping within Germany is free of charge from an order value of 200 euros including VAT.

6.2 Delivery options

We ship the products to the delivery address specified during the order process.

We only deliver by shipping. Self-collection of the goods is unfortunately not possible.

We do not deliver to parcel lockers.

7. Payment

7.1 Prices

The prices stated at the time of the order apply. These are total prices and include statutory VAT.

7.2 Due date and default of payment

The price is due upon conclusion of the contract, unless a later date results from the following payment conditions.

For consumers, the following applies: In the event of default of payment, we reserve the right to charge you a fee of 1.50 euros per reminder for the second and each subsequent reminder. You reserve the right to prove that a lower loss has been incurred. Further claims remain unaffected.

For entrepreneurs, the following applies: In the event of default of payment, we reserve the right to charge you the statutory default interest of nine percentage points above the base interest rate as well as a flat rate of 40 euros. Further claims remain unaffected.

7.3 Payment methods

The following payment methods are generally available in our shop.

Advance payment
If you select the advance payment method, we will provide you with our bank details in a separate email and deliver the goods after receipt of payment.

Credit card
During the order process, you provide your credit card details.
Your card is charged immediately after placing the order.

Apple Pay
In order to pay the invoice amount via the payment service provider Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA (“Apple”), you must use the “Safari” browser, be registered with Apple, have activated the Apple Pay function, authenticate yourself with your access data and confirm the payment instruction. The payment transaction is carried out immediately after placing the order. You will receive further information during the order process.

giropay
In cooperation with the payment service provider paydirekt GmbH, Stephanstr. 14-16, 60313 Frankfurt a. M, we offer the payment method giropay. In order to pay the invoice amount via giropay, you must have a bank account activated for online banking, authenticate yourself accordingly and confirm the payment instruction. Your account is charged immediately after placing the order. You will receive further information during the order process.

giropay may offer registered giropay customers selected according to its own criteria further payment modalities in the customer account. However, we have no influence on the offering of these modalities; further individually offered payment modalities concern your legal relationship with giropay. You can find further information on this in your giropay account.

Google Pay
In order to pay the invoice amount via the payment service provider Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland (“Google”), you must be registered with Google, have activated the Google Pay function, authenticate yourself with your access data and confirm the payment instruction. The payment transaction is carried out immediately after placing the order. You will receive further information during the order process.

Klarna
In cooperation with the payment service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden (“Klarna”), we offer you the following payment options. Payment via Klarna is only available for consumers. Unless otherwise stipulated below, payment via Klarna requires a successful address and credit check and is made directly to Klarna. You will receive further information with the respective payment option and during the order process.

Purchase on account via Klarna
The invoice amount is due 30 days after dispatch of the goods and receipt of the invoice.

Klarna may offer registered Klarna customers selected according to its own criteria further payment modalities in the customer account. However, we have no influence on the offering of these modalities; further individually offered payment modalities concern your legal relationship with Klarna. You can find further information on this in your Klarna account.

Klarna credit card
During the order process, you provide your credit card details. Your card is charged by Klarna immediately after placing the order. No address and credit check takes place.

Klarna direct debit
You grant Klarna a SEPA direct debit mandate. Klarna will inform you of the date of the account debit (so-called prenotification). The account is debited after dispatch of the goods.

Instalment purchase via Klarna
You can pay the invoice amount in monthly instalments of at least 1/24 of the total amount. The minimum instalment is 6.95 euros.

Klarna may offer registered Klarna customers selected according to its own criteria further payment modalities in the customer account (e.g. interest-free instalment plans). However, we have no influence on the offering of these modalities; further individually offered payment modalities concern your legal relationship with Klarna. You can find further information on this in your Klarna account

PayPal, PayPal Express
In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), you must be registered with PayPal, authenticate yourself with your access data and confirm the payment instruction.
The payment transaction is carried out by PayPal immediately after placing the order. You will receive further information during the order process.

PayPal may offer registered PayPal customers selected according to its own criteria further payment modalities in the customer account. However, we have no influence on the offering of these modalities; further individually offered payment modalities concern your legal relationship with PayPal. You can find further information on this in your PayPal account.

PayPal
In cooperation with the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), we offer you the following payment options as PayPal Services. Unless otherwise stipulated below, payment via PayPal does not require registration with PayPal. You will receive further information with the respective payment option and during the order process.

PayPal, PayPal Express
In order to pay the invoice amount via the PayPal payment option, you must be registered with PayPal, authenticate yourself with your access data and confirm the payment instruction.
The payment transaction is carried out by PayPal immediately after placing the order.

PayPal may offer registered PayPal customers selected according to its own criteria further payment modalities in the customer account. However, we have no influence on the offering of these modalities; further individually offered payment modalities concern your legal relationship with PayPal. You can find further information on this in your PayPal account.

Credit card via PayPal
Your card is charged by PayPal after dispatch of the goods.

Direct debit via PayPal
Payment by direct debit via PayPal requires an address and credit check and is made directly to PayPal. By confirming the payment instruction, you grant PayPal a direct debit mandate. PayPal will inform you of the date of the account debit (so-called prenotification). The account is debited before dispatch of the goods.

Purchase on account via PayPal
Purchase on account via PayPal requires an address and credit check and is made directly to PayPal.

Sofort by Klarna
In order to pay the invoice amount via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, you must have a bank account activated for online banking, authenticate yourself accordingly and confirm the payment instruction. Your account is charged immediately after placing the order. You will receive further information during the order process.

Invoice
The invoice amount is due 30 days after receipt of the invoice and the goods by bank transfer to the bank account specified in the invoice. We reserve the right to offer purchase on account only after a successful credit check.

8. Right of withdrawal

You have the statutory right of withdrawal as described in the withdrawal policy.

9. Retention of title

The product remains our property until full payment.
For entrepreneurs, the following applies in addition: We retain title to the product until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale – regardless of any combination or mixing of the goods subject to retention of title with a new item – in the amount of the invoice amount, and we accept this assignment. You remain authorised to collect the claims, but we may also collect claims ourselves if you fail to meet your payment obligations. At your request, we will release the securities to which we are entitled insofar as the realisable value of the securities exceeds the value of the outstanding claims by more than 10%.

10. Transport damage

For consumers, the following applies: If goods are delivered with obvious transport damage, please complain about such defects to the deliverer as soon as possible and contact us without delay. Failure to make a complaint or get in touch has no consequences whatsoever for your statutory claims and their enforcement, in particular your warranty rights. However, you help us to assert our own claims against the carrier or the transport insurance.

For entrepreneurs, the following applies: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment.

11. Warranty and guarantees

11.1 Liability for defects

Unless expressly agreed otherwise below, the statutory law on liability for defects applies.

The following limitations and shortened deadlines do not apply to claims based on damage caused by us, our legal representatives or vicarious agents

• in the event of injury to life, body or health
• in the event of intentional or grossly negligent breach of duty as well as malice
• in the event of breach of essential contractual obligations, the fulfilment of which is what makes the proper performance of the contract possible in the first place and on whose compliance the contractual partner may regularly rely (cardinal obligations)
• within the scope of a guarantee promise, insofar as agreed, or
• insofar as the scope of application of the Product Liability Act is opened.

Limitations with regard to entrepreneurs

With regard to entrepreneurs, only our own information and the manufacturer's product descriptions that have been incorporated into the contract are deemed to be an agreement on the condition of the goods; we accept no liability for public statements by the manufacturer or other advertising claims. For entrepreneurs, the limitation period for claims for defects in the case of newly manufactured items is one year from the transfer of risk. The previous sentence does not apply to an item that has been used in accordance with its customary use for a building and has caused its defectiveness.

The statutory limitation periods for the right of recourse under § 445a of the German Civil Code (BGB) remain unaffected.

Note for merchants

Among merchants, the duty of inspection and notification regulated in § 377 of the German Commercial Code (HGB) applies. If you fail to give the notification regulated there, the goods are deemed to be approved, unless the defect is one that was not recognisable during the inspection. This does not apply if we have fraudulently concealed a defect.

11.2 Guarantees and customer service

Information on any additional guarantees that may apply and their exact conditions can be found with the respective product and on special information pages in the online shop.

12. Liability

For claims based on damage caused by us, our legal representatives or vicarious agents, we are always liable without limitation

• in the event of injury to life, body or health,
• in the event of intentional or grossly negligent breach of duty,
• in the event of a guarantee promise, insofar as agreed, or
• insofar as the scope of application of the Product Liability Act is opened.

In the event of a breach of essential contractual obligations, the fulfilment of which is what makes the proper performance of the contract possible in the first place and on whose compliance the contractual partner may regularly rely (cardinal obligations), through slight negligence by us, our legal representatives or vicarious agents, liability is limited in amount to the foreseeable damage typical of the contract, the occurrence of which must typically be expected.
In all other respects, claims for damages are excluded.

13. Code of conduct

We have subjected ourselves to the following codes of conduct:

• Trusted Shops (https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf)

14. Dispute resolution

To settle disputes arising from a contractual relationship with a consumer, or as to whether such a contractual relationship exists at all, we are obliged to participate in dispute resolution proceedings before a consumer arbitration body. The competent body is the Universalschlichtungsstelle des Bundes am Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, Germany, https://www.universalschlichtungsstelle.de/. We will participate in dispute resolution proceedings before this body.

15. Final provisions

If you are an entrepreneur, German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our registered office.

If individual clauses of these Terms and Conditions are wholly or partly invalid, the contract otherwise remains valid. Insofar as individual clauses are invalid, the content of the contract is governed by the statutory provisions.