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General Terms & Conditions with Customer Information

List of contents:

  • 1. Scope
  • 2. Conclusion of Contract
  • 3. Right of Withdrawal
  • 4. Prices & Terms of Payment
  • 5. Terms of Delivery and Shipment
  • 6. Retention of Title
  • 7. Liability for Defects (Warranty)
  • 8. Liability
  • 9. Applicable Law
  • 10. Jurisdiction
  • 11. Code of Conduct
  • 12. Information for Online Settlement of Dispute
  • 1. Geltungsbereich
    • 1.1 These General Purchasing Terms (GPT) of Elektron Berlin GmbH (consecutively named “Seller”) are applicable for all contracts the consumer or enterpreneur (consecutively named “Customer”) will close with the Seller regarding the products and/or services offered in the online shop of the Seller. Herewith the inclusion of the Customer’s own terms and conditions is rejected, except expressly agreed upon by Seller and Customer.

    • 1.2 Regarding contracts for the delivery of vouchers, these general terms and conditions apply accordingly, unless explicitly regulated otherwise.

    • 1.3 The object of the contract is specified by the respective product description of the Seller. The object of the contract can be either the purchase of goods by way of a one-time delivery as also the purchase of goods in the form of a permanent delivery (consecutively named „subscription contract”). In the subscription contract, the Seller undertakes to deliver to the Customer, the contractually owed goods for the duration of the contract term and in contractually stipulated time intervals.

  • 2. Conclusion of Contract
    • 2.1 The product descriptions in the Seller’s online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Customer.

    • 2.2 The Customer may submit the offer by the online order form integrated into the Seller’s online shop. In doing so, after having placed the selected goods and/or services in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the Customer submits a legally binding offer of contract with regard to the goods and/or services contained in the shopping cart. The Customer may also submit his offer to the Seller by e-mail and telephone.

    • 2.3 The Seller may accept the Customer’s offer within five days,
      • indem er dem Kunden eine schriftliche Auftragsbestätigung oder eine Auftragsbestätigung in Textform (Fax oder E-Mail) übermittelt, wobei insoweit der Zugang der Auftragsbestätigung beim Kunden maßgeblich ist, oder
      • by transferring a written order confirmation or an order conformation in written form (fax or e-mail); insofar receipt of order confirmation by the Customer is decisive, or
      • by delivering ordered goods to the Customer; insofar receipt of goods by the customer is decisive, or

    • by requesting the Customer to pay after he placed his order. Provided that several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. Should the Seller not accept the Client’s offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that the Client is no longer bound by his statement of intent.

    • 2.4 If the Customer, as part of the online ordering process, selects “PayPal Express” as the payment method, he grants at the same time, a payment order to his payment service provider by clicking the final ordering. In this case, the Seller, by way of derogation of point 2.3, thereby declares the acceptance of the offer of the Customer at the point, in which the Customer raises the payment process by clicking the final button.

    • 2.5 The period for acceptance of the offer shall start on the day after the client has sent the offer and ends on expiry of the fifth day following the sending of the offer.

    • 2.6 In case of an order via the Seller’s online order form, the contract’s content will be stored by the Seller and will be sent to the Customer in writing including these Terms and Conditions (for example via e-mail, fax or letter) after the Customer has submitted his order. In addition, the contract’s content will be stored on the Seller’s website and can be found by the Customer via the password-protected customer account by entering the respective login information, provided that the Customer has created a customer account in the Seller’s online shop prior to submitting his order.

    • 2.7 The Customer can correct all the data entered via the usual keyboard and mouse function prior to submitting his binding order via the Seller’s online order form. In addition, prior to submitting a binding order, all data entered will be once again displayed in a confirmation window and can be corrected here as well, via the usual keyboard and mouse function.

    • 2.8 The German language is exclusively available for the conclusion of the contract.

    • 2.9 Order processing and contacting usually takes place via e-mail and automated order processing. It is the Customer’s responsibility to ensure that the e-mail address he provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address.

    • 2.10 Particularly, it is the Customer`s responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.

  • 3. Right of Withdrawal
    • 3.1 Detailed informations about the right of cancellation are provided in the Seller’s instruction on cancellation.

    • 3.2 The right to cancel does not apply to Customers, who are not nationals of a member state of the European Union at the time of concluding the contract und whose exclusive domicile and delivery address is located outside of the European Union at the time of concluding the contract.

  • 4. Prices & Terms of Payment
    • 4.1 Unless otherwise stated in the product descriptions, prices indicated are total prices and include the statutory value-added tax. Any possible additional delivery and dispatch costs are specified separately in the respective product description.

    • 4.2 In case of delivery to countries outside the European Union, additional costs may occur in individual cases for which the Seller is not responsible and which have to be borne by the Customer This includes for example transfer fees charged by banking institutes (transfer charges, exchange fees) or import duties or taxes (customs). Such costs regarding money transfer may also incur, if delivery is not made in a country outside the European Union and the Customer carries out the payment from a country outside the European Union.

    • 4.3 Payment can be made using one of the methods mentioned in the Seller’s online shop.

    • 4.4 If prepayment has been agreed upon, payment shall be due immediately upon conclusion of the contract.

    • 4.5 When choosing the payment method “PayPal” , the handling of payments is done via the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449, subject to the conditions of use which can viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full This would require, among other things that the Customer has opened a PayPal account or he already has such an account.

  • 5. Terms of Delivery and Shipment
    • 5.1 Goods are generally delivered on dispatch route and to the delivery address indicated by the Customer, unless agreed otherwise. During the processing of the transaction, the delivery address indicated in the Seller’s order processing is decisive. However, in case the Customer selects the payment method PayPal, the delivery address deposited with PayPal at the date of payment shall be decisive.

    • 5.2 Should the assigned transport company return the goods to the Seller, because delivery to the Customer was not possible, the Customer bears the costs for the unsuccessful dispatch. This shall not apply if the delivery cannot be made due to circumstances beyond the Customer’s control or if he has been temporarily impeded to receive the offered service, unless the Seller has notified the Customer for a reasonable time in advance about the service.

    • 5.3 In case the Customer is an entrepreneur, the risk of accidental destruction and accidental deterioration of the sold goods shall be transferred to the Customer upon delivery of the goods to the freight forwarder, carrier or other person or institution designated with the task of performing shipment. In case the Customer is a consumer, the risk of accidental destruction and accidental deterioration of the sold goods shall in principle be transferred to the Customer upon delivery of the goods to the Customer or to an authorized recipient. Deviating from this, even in case the Customer is a consumer, the risk of the risk of accidental destruction and accidental deterioration of the sold goods is transferred to the Customer upon delivery of the goods to the freight forwarder, carrier or other person or institution designated with the task of performing shipment, if the Customer has instructed the freight forwarder, carrier or other person or institution designated with the task of performing shipment to carry out the delivery of the goods and if the choice of this person or institution was not previously offered by the Seller.

    • 5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the Seller is not responsible for the non-supply and if he has concluded a concrete hedging transaction with the supplier. The Seller shall make all reasonable efforts to obtain the goods. In case of non-availability or partial availability of the goods he shall immediately inform the Customer and grant him immediately counterperformance.

    • 5.5 Personal collecting the goods by the Customer is not possible due to logistical reasons.

  • 6. Retention of Title
    • 6.1 In case the Customer is a consumer, the Seller retains title of ownership to the delivered goods until the purchase price owed has been paid in full.

    • 6.2 In case the Customer is an entrepreneur, the Seller reserves title to the goods delivered until the fulfillment of all claims arising out of the current business relationship.

    • 6.3 In case the Customer is an entrepreneur, he is entitled to resell the reserved goods in the course of regular business operations. All claims resulting from such course of business against a third party shall herewith be assigned in advance to the Seller in the amount of the respective invoice value (including VAT). This assignment of claims shall be valid regardless whether the reserved goods are processed prior to or following resale or not. The Customer remains entitled to collect the claims even after assignment.. However, the Seller shall refrain from collecting the claims as long as the Customer meets his payment obligations, is not in default and no application has been lodged to open insolvency proceedings.

  • 7. Liability for Defects (Warranty)
    • Should the object of purchase be deficient, statutory provisions shall apply. Deviating hereof, the following shall apply:

    • 7.1 For traders,
      • a marginal defect shall generally not constitute warranty claims defects,
      • the Seller may choose the type of subsequent performance,
      • for new goods, the limitation period for defects shall be one year from transfer of risk,
      • for used goods, rights and claims for defects are generally excluded,
      • the limitation period shall not recommence, if a replacement delivery is carried out within the scope of liability for defects.

    • 7.2 The aforementioned limitations of liability and the restrictions of limitation periods do not apply
      • for a product, which was not used, in accordance with its usual application, for building construction and which was the cause of the building’s defectiveness,
      • for damages arising out of injuries to life, body or health, which result from intentional or negligent violation of the Seller’s duties or the intentional or negligent violation of duties by the legal representative or the vicarious agent of the user,
      • for other damages resulting from intentional or grossly negligent violation of the Seller’s duties or the intentional or grossly negligent violation of duties by the legal representative or the vicarious agent of the user,
      • if the Seller has fraudulently concealed the defect.

    • 7.3 Furthermore, for entrepreneurs the statuary limitation periods for recourse claims pursuant to Section 478 of the German Civil Code (BGB) remain unaffected.

    • 7.4 If the Customer is a businessperson pursuant to Section 1 of the German Commercial Code (HGB) he/she has the commercial duty to examine and notify defects pursuant to Section 377 HGB. Should the Customer neglect the obligations of disclosure specified therein, the goods shall be deemed approved.

  • 8. Liability
    • The Seller shall be liable to the Customer for any contractual and quasi-contractual claims and for claims of liability in tort regarding damages and effort compensation as follows:

    • 8.1 The Seller shall face unlimited liability regardless of the legal ground
      • in case of intent or gross negligence,
      • in case of injuries of life, body or health resulting from intent or negligence,
      • in case of a promise of guarantee, unless otherwise provided,
      • in case of liability resulting from mandatory statutory provisions such as the product-liability-law.

    • 8.2 Provided that the Seller negligently infringes an essential contractual duty, the liability to pay damages shall be limited to the foreseeable, typically occurring damage, unless unlimited liability applies pursuant to the aforementioned Section. Essential significant contractual obligations are obligations the contract imposes on the Seller according to its content to meet the purpose of the contract and whose fulfillment is essential for the due and proper implementation of the contract and on the fulfillment of which the Customer can regularly rely.

    • 8.3 For the rest the Seller’s liability is excluded.

    • 8.4 The aforementioned provisions on liability apply also for the Seller’s liability regarding his legal representatives and vicarious agents.

  • 9. Applicable Law
    • 9.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country, in which the consumer has his habitual residence.

    • 9.2 Furthermore, this choice of law regarding the right to cancel does not apply to consumers, who are not nationals of a member state of the European Union at the time of concluding the contract and whose exclusive domicile and delivery address is located outside of the European Union at the time of concluding the contract.

  • 10. Jurisdiction
    • If the Client is a businessman, a legal entity of public law or a separate estate under public law with its seat in the territory of the Federal Republic of Germany, the Seller’s place of business shall be the solely place of jurisdiction for all legal disputes arising from this contract.. If the Client is domiciled outside the territory of the Federal Republic of Germany, the Seller’s place of business shall be the solely place of jurisdiction for all legal disputes arising from this contract provided that the contract or claims from the contract can be assigned to the Client’s professional or commercial activities. In any event however, regarding the aforementioned cases the Seller is entitled to call the court responsible for the seat of the Client.

  • 11. Code of Conduct
  • 12. Information for Online Settlement of Dispute
    • 12.1 The EU Commission provides on its website the following link to the ODR platform: http://ec.europa.eu/consumers/odr This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.

    • 12.2 The Seller is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.