Terms and Conditions with Customer Information

Table of Contents

1. Scope
2. Conclusion of the contract
3. Right of withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Terms
6. Retention of title
7. Liability for Defects (Warranty)
8. Liability
9. Redeeming promotional coupons
10. Alternative Dispute Resolution

1) Scope

1.1These General Terms and Conditions (hereinafter “GTC”) of ElaMirror (hereinafter “Seller”) apply to all contracts for the delivery of goods that a consumer or business (hereinafter “Customer”) enters into with the Seller regarding the goods displayed by the Seller in its online store. The inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed.

1.2For the purposes of these Terms and Conditions, a “consumer” is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their independent professional activity.

1.3For the purposes of these Terms and Conditions, a “business operator” means a natural person, a legal entity, or a partnership with legal capacity that, when entering into a legal transaction, acts in the course of its commercial or independent professional activities.

2) Conclusion of the Contract

2.1The product descriptions contained in the Seller’s online store do not constitute binding offers on the part of the Seller, but are intended to enable the Customer to submit a binding offer.

2.2The customer may submit an offer using the online order form integrated into the seller’s online store. After adding the selected items to the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding offer to enter into a contract for the items in the shopping cart by clicking the button that finalizes the order process.

2.3The seller may accept the customer’s offer within five days,

• by sending the customer a written order confirmation or an order confirmation in text form (fax or email), in which case the date the customer receives the order confirmation is decisive, or
• by delivering the ordered goods to the customer, in which case the date the goods are received by the customer is decisive, or
• by requesting payment from the customer after the customer has placed an order.

If more than one of the aforementioned alternatives applies, the contract is concluded at the time the first of these alternatives occurs. The period for accepting the offer begins on the day after the customer sends the offer and ends at the close of the fifth day following the sending of the offer. If the seller does not accept the customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the customer is no longer bound by their declaration of intent.

2.4If you select a payment method offered by PayPal, payment processing is handled by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Service, available athttps://www.paypal.com/de/webapps/mpp/ua/useragreement-fullor—if the customer does not have a PayPal account—subject to the Terms for Payments Without a PayPal Account, available athttps://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller hereby declares acceptance of the customer’s offer at the moment the customer clicks the button that completes the ordering process.

2.5When a customer submits an offer via the Seller’s online order form, the Seller will save the contract text after the contract is concluded and send it to the customer in writing (e.g., via email, fax, or letter) after the customer submits their order. The Seller will not make the contract text available in any other way. If the Customer has created a user account in the Seller’s online store prior to submitting their order, the order data will be archived on the Seller’s website and can be accessed by the Customer free of charge via their password-protected user account by entering the corresponding login credentials.

2.6Before submitting a binding order via the Seller’s online order form, the Customer can identify any input errors by carefully reading the information displayed on the screen. An effective technical tool for better identifying input errors can be the browser’s zoom function, which enlarges the display on the screen. During the electronic ordering process, the customer can correct their entries using standard keyboard and mouse functions until they click the button that completes the ordering process.

2.7The contract can be concluded in various languages. The specific language options are displayed in the online store.

2.8Order processing and communication generally take place via email and automated order processing. The customer must ensure that the email address provided for order processing is accurate so that emails sent by the seller can be received at that address. In particular, if the customer uses spam filters, they must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3) Right of Withdrawal

3.1Consumers generally have the right to cancel.

3.2Further information regarding the right of withdrawal can be found in the seller’s cancellation policy.

3.3The right of withdrawal does not apply to consumers who, at the time the contract is concluded, are not citizens of a Member State of the European Union and whose sole place of residence and delivery address are located outside the European Union at the time the contract is concluded.

4) Prices and Payment Terms

4.1Unless otherwise stated in the seller’s product description, the prices listed are total prices that include the applicable sales tax. Any additional delivery and shipping costs will be listed separately in the respective product description.

4.2For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs associated with money transfers through financial institutions (e.g., transfer fees, exchange rate fees) or import duties and taxes (e.g., customs duties). Such costs may also arise in connection with the transfer of funds even if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3The available payment options are listed for the customer in the seller’s online store.

4.4If payment in advance by bank transfer has been agreed upon, payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.

4.5If a payment method offered via the “PayPal” payment service is selected, payment processing is handled by PayPal, which may also use the services of third-party payment service providers for this purpose. If the Seller also offers payment methods via PayPal in which the Seller makes an advance payment to the Customer (e.g., purchase on account or installment payments), the Seller assigns its payment claim in this respect to PayPal or to the payment service provider commissioned by PayPal and specifically named to the Customer. Prior to accepting the seller’s assignment declaration, PayPal or the payment service provider commissioned by PayPal conducts a credit check using the transmitted customer data. The seller reserves the right to deny the customer the selected payment method in the event of a negative credit check result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or in the agreed payment installments. In this case, the customer may only make payment to PayPal or the payment service provider commissioned by PayPal with discharging effect. However, even in the event of an assignment of claims, the seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery time, shipping, returns, complaints, notices of withdrawal and related correspondence, or credit notes.

4.6If the “SOFORT” payment method is selected, payment processing is handled by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter “SOFORT”). To pay the invoice amount via “SOFORT,” the customer must have an online banking account activated for participation in “SOFORT,” authenticate themselves during the payment process, and confirm the payment instruction to “SOFORT.” The payment transaction is executed immediately thereafter by “SOFORT” and the customer’s bank account is debited. The customer canfindmore detailed information about the “SOFORT” payment method online athttps://www.klarna.com/sofort/.

4.7If a payment method offered via the "Shopify Payments" payment service is selected, payment processing is handled by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The specific payment methods offered via Shopify Payments are communicated to the customer in the seller’s online store. To process payments, Stripe may use additional payment services, which may be subject to specific payment terms and conditions that the customer may be notified of separately. Further information on "Shopify Payments" isavailableonline athttps://www.shopify.com,/legal, and/terms-payments-de.

4.8If you select the “Purchase on Invoice” payment method, the purchase price becomes due after the goods have been delivered and invoiced. In this case, the purchase price must be paid in full within 30 days of the invoice date to Klarna AB, Sveavägen 46, 11134 Stockholm, Sweden (www.klarna.de), unless otherwise agreed. The “purchase on account” payment method requires a successful credit check by Klarna AB. If the customer is approved for the “purchase on account” payment method following the credit check, the payment will be processed in cooperation with Klarna AB, to whom the seller assigns its payment claim. In this case, the customer may only make payment to Klarna AB with discharging effect. In all other respects, the General Terms and Conditions of Klarna AB apply, which the customer can access during the ordering process. The seller reserves the right to offer the “purchase on account” payment method only up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of such a payment restriction in the payment information provided in the online store.

4.9If you select credit card as the payment method, the invoice amount is due immediately upon conclusion of the contract. Credit card payments are processed in cooperation with PAYONE GmbH, Lyoner Str. 9, 60528 Frankfurt/Main, which the seller authorizes to collect the payment on its behalf. PAYONE GmbH collects the invoice amount from the customer’s specified credit card account. The credit card is charged immediately after the customer submits their order in the online store. Even when the credit card payment method is selected via PAYONE GmbH, the seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery time, shipping, returns, complaints, notices of withdrawal and related correspondence, or credit notes.

4.10If the credit card payment method is selected, the invoice amount is due immediately upon conclusion of the contract. Credit card payments are processed in cooperation with secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.ag), to which the provider assigns its payment claim. secupay AG will collect the invoice amount from the customer’s specified credit card account. In the event of such assignment, payment may only be made to secupay AG with debt-discharging effect. The credit card will be charged immediately after the customer’s order is submitted in the online store. Even when the payment method selected is credit card payment via secupay AG, the provider remains responsible for general customer inquiries, e.g., regarding returns, complaints, notices of withdrawal and related shipments, or credit notes.

5) Delivery and Shipping Terms

5.1If the Seller offers to ship the goods, delivery will be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. For the purposes of processing the transaction, the delivery address specified in the Seller’s order processing system shall be decisive.

5.2If delivery of the goods fails for reasons attributable to the customer, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of the initial shipment if the customer effectively exercises their right of withdrawal. If the customer effectively exercises their right of withdrawal, the provisions set forth in the seller’s cancellation policy shall apply to the costs of returning the goods.

5.3If the customer is acting as a business, the risk of accidental loss or accidental deterioration of the goods sold passes to the customer as soon as the seller has delivered the goods to the shipping agent, the carrier, or any other person or entity designated to carry out the shipment. If the customer is a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes only upon delivery of the goods to the customer or an authorized recipient. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer—even in the case of consumers— as soon as the seller has delivered the goods to the forwarding agent, the carrier, or any other person or entity designated to carry out the shipment, if the customer has commissioned the forwarding agent, the carrier, or any other person or entity designated to carry out the shipment, and the seller has not previously named this person or entity to the customer.

5.4The Seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to the Seller. This applies only if the Seller is not responsible for the non-delivery and has entered into a specific covering transaction with the supplier with due diligence. The Seller will make every reasonable effort to procure the goods. In the event that the goods are unavailable or only partially available, the Customer will be notified immediately and the purchase price will be refunded without delay.

5.5For logistical reasons, pickup is not possible.

6) Retention of Title

If the seller delivers the goods in advance, the seller retains title to the delivered goods until the purchase price owed has been paid in full.

7) Liability for Defects (Warranty)

Unless otherwise provided in the following provisions, the statutory provisions regarding liability for defects shall apply. Notwithstanding the foregoing, the following shall apply to contracts for the delivery of goods:

7.1If the customer is acting as a business,

• the seller may choose the method of subsequent performance;
• For new goods, the statute of limitations for defects is one year from the date of delivery;
• For used goods, rights and claims arising from defects are excluded;
• the statute of limitations does not start anew if a replacement delivery is made under the warranty for defects.

7.2The limitations of liability and shortened time limits set forth above do not apply

• for the customer's claims for damages and reimbursement of expenses,
• in the event that the seller fraudulently concealed the defect,
• for goods that have been used in a building in accordance with their normal intended use and have caused defects in the building,
• regarding any obligation the seller may have to provide updates for digital products, in contracts for the delivery of goods with digital elements.

7.3Furthermore, with respect to business customers, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.4If the customer is acting as a consumer, they are requested to file a complaint with the delivery service regarding any goods delivered with obvious transport damage and to notify the seller of this. Failure to do so shall have no effect on the customer’s statutory or contractual claims for defects.

8) Liability

The Seller shall be liable to the Customer for all contractual, quasi-contractual, and statutory claims, including tortious claims, for damages and reimbursement of expenses as follows:

8.1The seller shall be fully liable on any legal grounds

• in cases of willful misconduct or gross negligence,
• in the event of intentional or negligent injury to life, body, or health,
• based on a warranty promise, unless otherwise specified in this regard,
• due to mandatory liability, such as under the Product Liability Act.

8.2If the Seller negligently breaches a material contractual obligation, liability is limited to foreseeable damages typical for this type of contract, unless unlimited liability applies in accordance with the preceding paragraph. Material contractual obligations are obligations that the contract imposes on the Seller, based on its content, to achieve the purpose of the contract; the fulfillment of which is essential for the proper performance of the contract and on the observance of which the Customer may regularly rely.

8.3In all other respects, the seller’s liability is excluded.

8.4The foregoing liability provisions also apply with respect to the Seller’s liability for its agents and legal representatives.

9) Redeeming promotional coupons

9.1Vouchers issued free of charge by the Seller as part of promotional campaigns with a specific validity period, which cannot be purchased by the Customer (hereinafter “Promotional Vouchers”), may only be redeemed in the Seller’s online store and only during the specified period.

9.2Certain products may be excluded from the coupon promotion if such a restriction is specified in the terms of the promotional coupon.

9.3Promotional coupons can only be redeemed before the order process is completed. They cannot be applied retroactively.

9.4You can redeem multiple promotional coupons with a single order.

9.5The value of the merchandise must be at least equal to the amount of the promotional voucher. The seller will not refund any remaining balance.

9.6If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller may be selected to pay the remaining balance.

9.7The value of a promotional voucher will not be paid out in cash nor will it accrue interest.

9.8The promotional voucher will not be refunded if the customer returns goods paid for in whole or in part with the promotional voucher under their statutory right of withdrawal.

9.9The promotional voucher is intended solely for use by the person named on it. The promotional voucher may not be transferred to third parties. The seller is entitled, but not obligated, to verify the eligibility of the respective voucher holder.

10) Alternative Dispute Resolution

10.1The European Commission provides an online dispute resolution platform at the following link:https://ec.europa.eu/consumers/odr

This platform serves as a point of contact for the out-of-court resolution of disputes arising from online sales or service contracts involving a consumer.

10.2The Seller is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.