Terms of service

General Terms and Conditions

1. Scope of application

The following General 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 can predominantly be attributed neither to their commercial nor their self-employed 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 self-employed professional activity.

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

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 cart without obligation and correct your entries at any time before submitting your binding order, using the correction aids 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 cart by clicking the order button. Immediately after submitting the order, you will receive a confirmation by email once again.

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 General 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 draw your attention to the following particularities. In case of uncertainty, 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

The sketches, drafts, preliminary products, etc. that we may create 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 (e.g. texts, data, files) to us, the technical possibilities existing for this purpose as well as 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 transmitted by you. 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 respectively applicable legal provisions. In particular, they must not infringe any rights and claims of third parties (in particular copyrights, trademarks or other intellectual property rights) and must not contain or serve any content that glorifies violence or is discriminatory, racist, xenophobic or otherwise immoral or unconstitutional.

5.3 Indemnification

You indemnify us against claims of 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's fees in the statutory amount. 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 promptly, truthfully and completely with all information necessary for the examination of the claims and a defence.

5.4 Reservation of the right to withdraw

We reserve the right to refuse the order or to withdraw from the contract if the content provided by you for this purpose violates statutory or official prohibitions or good morals, or if there is a reasonable suspicion to this effect. This applies in particular to the provision of unconstitutional, 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 stations (Packstationen).

7. Payment

7.1  Prices

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

7.2 Due date and default of payment

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

The following applies to consumers: 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 lesser loss has been incurred. Further claims remain unaffected.

The following applies to entrepreneurs: 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 fee of 40 euros. Further claims remain unaffected.

7.3 Payment methods

In principle, the following payment methods are available to you in our shop.

Prepayment
If you select the payment method prepayment, 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 will be charged immediately after submitting 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 the Apple Pay function activated, legitimise yourself with your access data and confirm the payment instruction. The payment transaction is carried out immediately after submitting the order. You will receive further information during the order process.

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 the Google Pay function activated, legitimise yourself with your access data and confirm the payment instruction. The payment transaction is carried out immediately after submitting 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. Unless otherwise stated 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 invoice via Klarna
The invoice amount is due 30 days after dispatch of the goods and receipt of the invoice. Payment by invoice can only be used by consumers.

Klarna may offer further payment modalities in the customer account to registered Klarna customers selected according to its own criteria. 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.

Credit card via Klarna
During the order process you provide your credit card details. Your card will be charged by Klarna immediately after submitting the order. An address and credit check does not take place.

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

Instalment purchase via Klarna
You can pay the invoice amount in up to 36 monthly instalments. A down payment may be required for some orders. The due date is governed by Klarna's payment plan. The payment method instalment purchase via Klarna can only be used by consumers.

Klarna may offer further payment modalities in the customer account to registered Klarna customers selected according to its own criteria (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

Pay now via Klarna
In order to pay the invoice amount via Sofort through Klarna, you must have a Klarna account and a bank account enabled for online banking, legitimise yourself accordingly and confirm the payment instruction. No credit check is carried out when paying via Pay now. Your account will be charged immediately after submitting the order. You will receive further information during the order process.

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, legitimise yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after submitting the order. You will receive further information during the order process.

PayPal may offer further payment modalities in the customer account to registered PayPal customers selected according to its own criteria. 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 stated 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 payment option PayPal, you must be registered with PayPal, legitimise yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after submitting the order.

PayPal may offer further payment modalities in the customer account to registered PayPal customers selected according to its own criteria. 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 will be 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 debit takes place before dispatch of the goods.

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

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 invoice only after a successful credit check.

8. Right of withdrawal

You are entitled to the statutory right of withdrawal as described in the cancellation policy.

9. Retention of title

The product remains our property until full payment has been made.
The following applies additionally to entrepreneurs: 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 hereby assign to us in advance – irrespective of any combination or mixing of the goods subject to retention of title with a new item – all claims arising from this resale in the amount of the invoice amount, and we accept this assignment. You remain authorised to collect the claims; however, we may also collect claims ourselves, insofar as 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

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

The following applies to entrepreneurs: 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 shortening of deadlines do not apply to claims due to 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 fraudulent intent
• in the event of breach of essential contractual obligations whose fulfilment 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 (Produkthaftungsgesetz) is opened.

Limitations in relation to entrepreneurs

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

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

Notice in relation to merchants

Among merchants, the duty to examine and give notice of defects regulated in § 377 HGB (German Commercial Code) applies. If you fail to give the notice regulated there, the goods shall be deemed approved, unless the defect was one that was not recognisable during the examination. 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 due to 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 guarantee promises, insofar as agreed, or
• insofar as the scope of application of the Product Liability Act (Produkthaftungsgesetz) is opened.

In the event of breach of essential contractual obligations whose fulfilment 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 on the part of us, our legal representatives or vicarious agents, liability is limited in amount to the foreseeable damage typical for the contract at the time of conclusion of the contract.
Otherwise, 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

For the settlement of 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 board. The competent body is the Universalschlichtungsstelle des Bundes am Zentrum für Schlichtung e.V. (Universal Arbitration Board of the Federal Government at the Centre for Arbitration), 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 person 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 place of business.

Should individual clauses of these General Terms and Conditions be wholly or partially invalid, the contract shall otherwise remain effective. Insofar as individual clauses are invalid, the content of the contract shall be governed by the statutory provisions.