General terms and conditions of business
General terms and conditions with customer information
1. scope of application
2. conclusion of contract
3. prices and terms of payment
4. delivery and shipping conditions
5. right of withdrawal
6. retention of title
7. liability for defects
8. indemnification in case of infringement of third party rights
9. redemption of gift vouchers
10. redemption of promotional vouchers
11 Applicable law
12. information on online dispute resolution
1. scope of application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of "Carolina Hürlimann", trading as "Ellies Favorites, Owner Hürlimann" (hereinafter referred to as "Seller"), apply to all contracts that a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller regarding the goods offered by the Seller in his online shop. The inclusion of the customer's own terms and conditions is contradicted, unless otherwise agreed.
1.2 These General Terms and Conditions shall apply accordingly to the purchase of vouchers if and to the extent that nothing to the contrary has been expressly agreed.
1.3 A consumer is any natural person who enters into a legal transaction for a purpose that is predominantly neither commercial nor self-employed.
1.4 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 his commercial or independent professional activity.
2. conclusion of contract
2.1 The presentation of the goods, in particular in the online shop, does not constitute a binding offer by the seller.
2.2 First, the customer places the selected goods in the shopping cart. In the following step, the ordering process begins, in which all necessary data for order processing are recorded.
At the end of the ordering process, a summary of the order and contract data appears. Only after confirming this order and contract data by clicking on the button concluding the order process, the customer submits a binding offer to purchase the goods contained in the shopping cart.
The customer may also submit this offer to the seller by fax, email, post or telephone.
2.3 The seller accepts the offer of the customer by the following possible alternatives:
- Sending of a written order confirmation or an order confirmation in text form (fax or e-mail)
or
- Request for payment to the customer after submission of the order
or
- Delivery of the ordered goods
The decisive factor for the time of acceptance is the first alternative that has occurred.
The period for acceptance of the offer begins on the day following the dispatch of the offer by the customer and ends with the expiry of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall constitute a rejection of the offer. The customer is then no longer bound by his declaration of intent.
2.4 The text of the contract concluded between the Seller and the Customer shall be stored by the Seller. The text of the contract is stored on the Seller's internal systems. The customer can view the general terms and conditions at any time on this page. The order data, the cancellation policy and the general terms and conditions will be sent to the customer by email. After completion of the order, the contract text is accessible to the customer free of charge via his customer login, provided that he has opened a customer account.
2.5 All entries made are displayed before clicking the order button and can be viewed by the customer before sending the order and corrected by pressing the back button of the browser or the usual mouse and keyboard functions. In addition, buttons for correction are available to the customer, if available, which are labeled accordingly.
2.6 The contractual language is German.
2.7 It is the responsibility of the customer to provide a correct email address for contacting and processing the order, as well as to set the filter functions so that emails concerning this order can be delivered.
3. prices and terms of payment
3.1 The prices shown are final prices, unless otherwise agreed.
The seller is a small businessman in the sense of § 19 paragraph 1 UStG and therefore does not show the sales tax.
If additional shipping costs are incurred, this can be found in the product description.
3.2 If the delivery is made to a non-EU country, further customs duties, taxes or fees may have to be paid by the customer to the customs or tax authorities responsible there or to credit institutions.
The customer is advised to check the details with the respective institutions or authorities before placing the order.
3.3 The customer can select the payment methods available in the online shop.
3.4 In the case of advance payment by bank transfer, payment is due immediately after conclusion of the contract, unless otherwise agreed.
3.5 In the case of payment on account, the purchase price is due after delivery of the goods and invoicing. The purchase price must be paid within 14 days of receipt of the invoice.
The seller reserves the right to carry out a credit check and to reject the purchase on account in the event of a negative credit check. The buyer is free to choose other methods of payment.
4. delivery and shipping conditions
4.1 The delivery of goods by mail order shall be made to the delivery address specified by the customer.
4.2 If the Seller incurs additional costs due to the provision of an incorrect delivery address or an incorrect addressee or other circumstances that lead to the impossibility of delivery, these shall be reimbursed by the Customer, unless he is not responsible for the incorrect information or impossibility. The same applies in the event that the customer was temporarily prevented from accepting the service, unless the seller has given him reasonable prior notice of the service. Excluded from this regulation are the costs of the Hinsendung, if the customer exercised its right of revocation effectively. Here it remains with the legal or the regulation made by the seller.
4.3 Self-collection is not offered.
4.4 Vouchers shall be provided to the customer in the following form:
5. right of withdrawal
5.1 If the customer is a consumer, he is generally entitled to a right of withdrawal.
5.2 The seller's cancellation policy applies to the right of cancellation.
6. retention of title
If the seller makes advance payment, the goods remain the property of the seller until the purchase price has been paid in full.
7. liability for defects
7.1 With regard to the warranty, the provisions of the statutory liability for defects shall apply, unless otherwise agreed in these GTC.
7.2 The customer is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the seller of this. Failure to do so shall have no effect on the customer's statutory or contractual claims for defects.
8. indemnification in case of infringement of third party rights
Insofar as the Seller owes the Customer under the contract, in addition to the delivery of the goods, also the processing of the goods in accordance with certain specifications of the Customer, the Customer must ensure that the content provided to the Seller by the Customer for this purpose does not infringe the rights of third parties. The contracting parties agree that the Customer shall indemnify the Seller against claims of third parties in this context, unless the Customer is not responsible for the infringement. The indemnification shall also include the assumption of the reasonable costs of the necessary legal defence, including all court costs and lawyers' fees in the statutory amount. In the event of a claim by a third party, the customer is obliged to provide the seller immediately, completely and truthfully with all information required for the examination of the claims and a defence.
9. redemption of gift vouchers
9.1 Vouchers that have been purchased via the Seller's online shop ("Gift Vouchers") can also only be redeemed in the Seller's online shop.
9.2 Gift vouchers and remaining balances of gift vouchers can be redeemed until the end of the third year after the year of the voucher purchase. Any remaining balances will be credited to the customer's gift voucher account until the expiry date.
9.3 Gift vouchers can only be redeemed before the order process is completed. A subsequent redemption does not take place.
9.4 Only one gift voucher can be redeemed per order. The redemption of multiple gift vouchers in one order is not possible.
9.5 Gift vouchers can only be redeemed for the purchase of goods.
The purchase of additional gift vouchers cannot be paid for by voucher.
9.6 If the value of a gift voucher is not sufficient to pay for the respective order, one of the other payment methods offered can be used to settle the difference.
9.7 Credit balances on gift vouchers are not paid out and do not bear interest.
9.8 Gift vouchers are generally transferable.
The seller may make payment with discharging effect to the customer redeeming the respective gift voucher. This does not apply if the seller has knowledge or grossly negligent ignorance of the possible ineligibility, legal incapacity or lack of representative authority of the respective holder.
10. redemption of promotional vouchers
10.1 Vouchers which the Seller issues free of charge as part of (promotional) campaigns with a specific period of validity and which the Customer cannot purchase ("promotional vouchers") can only be redeemed in the Seller's online shop and only during the period specified by the Seller.
10.2 Promotion vouchers can only be redeemed by consumers.
10.3 Individual products may be excluded from the voucher promotion.
The specific restrictions, if any, can be found in the promotional voucher.
10.4 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting does not take place.
10.5 Only one promotional voucher can be redeemed per order. The redemption of several promotional vouchers in one order is not possible.
10.6 The value of the goods of the respective order must be at least the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
10.7 If the value of a promotional voucher is not sufficient to pay for the respective order, one of the other payment methods offered can be used to settle the difference.
10.8 The credit balance of a promotional voucher is neither paid out nor does it earn interest.
10.9 The promotional voucher will also not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the framework of his statutory right of withdrawal.
10.10. The promotional gift voucher is personal and may only be redeemed by the person named on it. A transfer of the gift voucher to third parties is excluded. The seller has the right, but not the obligation, to check the material eligibility of the respective voucher holder.
11 Applicable law
The law of the Federal Republic of Germany shall apply to the exclusion of the laws on the international purchase of movable goods.
The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the customer has his habitual residence as a consumer, shall remain unaffected.
12. information on online dispute resolution
The platform for online dispute resolution of the EU Commission can be accessed on the Internet at the following link: https://ec.europa.eu/odr
We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
1. scope of application
2. conclusion of contract
3. prices and terms of payment
4. delivery and shipping conditions
5. right of withdrawal
6. retention of title
7. liability for defects
8. indemnification in case of infringement of third party rights
9. redemption of gift vouchers
10. redemption of promotional vouchers
11 Applicable law
12. information on online dispute resolution
1. scope of application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of "Carolina Hürlimann", trading as "Ellies Favorites, Owner Hürlimann" (hereinafter referred to as "Seller"), apply to all contracts that a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller regarding the goods offered by the Seller in his online shop. The inclusion of the customer's own terms and conditions is contradicted, unless otherwise agreed.
1.2 These General Terms and Conditions shall apply accordingly to the purchase of vouchers if and to the extent that nothing to the contrary has been expressly agreed.
1.3 A consumer is any natural person who enters into a legal transaction for a purpose that is predominantly neither commercial nor self-employed.
1.4 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 his commercial or independent professional activity.
2. conclusion of contract
2.1 The presentation of the goods, in particular in the online shop, does not constitute a binding offer by the seller.
2.2 First, the customer places the selected goods in the shopping cart. In the following step, the ordering process begins, in which all necessary data for order processing are recorded.
At the end of the ordering process, a summary of the order and contract data appears. Only after confirming this order and contract data by clicking on the button concluding the order process, the customer submits a binding offer to purchase the goods contained in the shopping cart.
The customer may also submit this offer to the seller by fax, email, post or telephone.
2.3 The seller accepts the offer of the customer by the following possible alternatives:
- Sending of a written order confirmation or an order confirmation in text form (fax or e-mail)
or
- Request for payment to the customer after submission of the order
or
- Delivery of the ordered goods
The decisive factor for the time of acceptance is the first alternative that has occurred.
The period for acceptance of the offer begins on the day following the dispatch of the offer by the customer and ends with the expiry of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall constitute a rejection of the offer. The customer is then no longer bound by his declaration of intent.
2.4 The text of the contract concluded between the Seller and the Customer shall be stored by the Seller. The text of the contract is stored on the Seller's internal systems. The customer can view the general terms and conditions at any time on this page. The order data, the cancellation policy and the general terms and conditions will be sent to the customer by email. After completion of the order, the contract text is accessible to the customer free of charge via his customer login, provided that he has opened a customer account.
2.5 All entries made are displayed before clicking the order button and can be viewed by the customer before sending the order and corrected by pressing the back button of the browser or the usual mouse and keyboard functions. In addition, buttons for correction are available to the customer, if available, which are labeled accordingly.
2.6 The contractual language is German.
2.7 It is the responsibility of the customer to provide a correct email address for contacting and processing the order, as well as to set the filter functions so that emails concerning this order can be delivered.
3. prices and terms of payment
3.1 The prices shown are final prices, unless otherwise agreed.
The seller is a small businessman in the sense of § 19 paragraph 1 UStG and therefore does not show the sales tax.
If additional shipping costs are incurred, this can be found in the product description.
3.2 If the delivery is made to a non-EU country, further customs duties, taxes or fees may have to be paid by the customer to the customs or tax authorities responsible there or to credit institutions.
The customer is advised to check the details with the respective institutions or authorities before placing the order.
3.3 The customer can select the payment methods available in the online shop.
3.4 In the case of advance payment by bank transfer, payment is due immediately after conclusion of the contract, unless otherwise agreed.
3.5 In the case of payment on account, the purchase price is due after delivery of the goods and invoicing. The purchase price must be paid within 14 days of receipt of the invoice.
The seller reserves the right to carry out a credit check and to reject the purchase on account in the event of a negative credit check. The buyer is free to choose other methods of payment.
4. delivery and shipping conditions
4.1 The delivery of goods by mail order shall be made to the delivery address specified by the customer.
4.2 If the Seller incurs additional costs due to the provision of an incorrect delivery address or an incorrect addressee or other circumstances that lead to the impossibility of delivery, these shall be reimbursed by the Customer, unless he is not responsible for the incorrect information or impossibility. The same applies in the event that the customer was temporarily prevented from accepting the service, unless the seller has given him reasonable prior notice of the service. Excluded from this regulation are the costs of the Hinsendung, if the customer exercised its right of revocation effectively. Here it remains with the legal or the regulation made by the seller.
4.3 Self-collection is not offered.
4.4 Vouchers shall be provided to the customer in the following form:
- via email
- by download
- postal
5. right of withdrawal
5.1 If the customer is a consumer, he is generally entitled to a right of withdrawal.
5.2 The seller's cancellation policy applies to the right of cancellation.
6. retention of title
If the seller makes advance payment, the goods remain the property of the seller until the purchase price has been paid in full.
7. liability for defects
7.1 With regard to the warranty, the provisions of the statutory liability for defects shall apply, unless otherwise agreed in these GTC.
7.2 The customer is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the seller of this. Failure to do so shall have no effect on the customer's statutory or contractual claims for defects.
8. indemnification in case of infringement of third party rights
Insofar as the Seller owes the Customer under the contract, in addition to the delivery of the goods, also the processing of the goods in accordance with certain specifications of the Customer, the Customer must ensure that the content provided to the Seller by the Customer for this purpose does not infringe the rights of third parties. The contracting parties agree that the Customer shall indemnify the Seller against claims of third parties in this context, unless the Customer is not responsible for the infringement. The indemnification shall also include the assumption of the reasonable costs of the necessary legal defence, including all court costs and lawyers' fees in the statutory amount. In the event of a claim by a third party, the customer is obliged to provide the seller immediately, completely and truthfully with all information required for the examination of the claims and a defence.
9. redemption of gift vouchers
9.1 Vouchers that have been purchased via the Seller's online shop ("Gift Vouchers") can also only be redeemed in the Seller's online shop.
9.2 Gift vouchers and remaining balances of gift vouchers can be redeemed until the end of the third year after the year of the voucher purchase. Any remaining balances will be credited to the customer's gift voucher account until the expiry date.
9.3 Gift vouchers can only be redeemed before the order process is completed. A subsequent redemption does not take place.
9.4 Only one gift voucher can be redeemed per order. The redemption of multiple gift vouchers in one order is not possible.
9.5 Gift vouchers can only be redeemed for the purchase of goods.
The purchase of additional gift vouchers cannot be paid for by voucher.
9.6 If the value of a gift voucher is not sufficient to pay for the respective order, one of the other payment methods offered can be used to settle the difference.
9.7 Credit balances on gift vouchers are not paid out and do not bear interest.
9.8 Gift vouchers are generally transferable.
The seller may make payment with discharging effect to the customer redeeming the respective gift voucher. This does not apply if the seller has knowledge or grossly negligent ignorance of the possible ineligibility, legal incapacity or lack of representative authority of the respective holder.
10. redemption of promotional vouchers
10.1 Vouchers which the Seller issues free of charge as part of (promotional) campaigns with a specific period of validity and which the Customer cannot purchase ("promotional vouchers") can only be redeemed in the Seller's online shop and only during the period specified by the Seller.
10.2 Promotion vouchers can only be redeemed by consumers.
10.3 Individual products may be excluded from the voucher promotion.
The specific restrictions, if any, can be found in the promotional voucher.
10.4 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting does not take place.
10.5 Only one promotional voucher can be redeemed per order. The redemption of several promotional vouchers in one order is not possible.
10.6 The value of the goods of the respective order must be at least the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
10.7 If the value of a promotional voucher is not sufficient to pay for the respective order, one of the other payment methods offered can be used to settle the difference.
10.8 The credit balance of a promotional voucher is neither paid out nor does it earn interest.
10.9 The promotional voucher will also not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the framework of his statutory right of withdrawal.
10.10. The promotional gift voucher is personal and may only be redeemed by the person named on it. A transfer of the gift voucher to third parties is excluded. The seller has the right, but not the obligation, to check the material eligibility of the respective voucher holder.
11 Applicable law
The law of the Federal Republic of Germany shall apply to the exclusion of the laws on the international purchase of movable goods.
The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the customer has his habitual residence as a consumer, shall remain unaffected.
12. information on online dispute resolution
The platform for online dispute resolution of the EU Commission can be accessed on the Internet at the following link: https://ec.europa.eu/odr
We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
