General Terms and Conditions ⋆ Ella Brantë

1. SCOPE
For all orders via this online shop, the following General Terms and Conditions (GTC) apply in their version valid at the time of the order. The Customer’s deviating conditions shall not be recognised unless the marketing partner Agentur für Verkaufsförderung GmbH (the Vendor) expressly agrees to their validity in writing.

2. CONTRACTUAL PARTNER, CUSTOMER SERVICE
The sales contract is concluded with the Vendor. Further information about the Vendor can be found in the Legal Notice. The Customer can reach the customer service for questions, complaints and objections at the telephone number +49 (0)6173 9252 20.

3. CONTRACT CONCLUSION
The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalogue. The Customer can select products from the Vendor’s assortment and collect them in a virtual shopping cart via the “Add to Shopping Cart” button. By pressing “Buy Now” the Customer submits a binding request to purchase the goods in the Shopping Cart. Before sending the order, the Customer can change and view the data at any time.
The Vendor will then send the Customer an automatic email confirming receipt with the subject “Confirmation of your order with Ella Brantë”, in which the Customer’s order is again listed and which the Customer can print using the “Print” function. The Customer’s order constitutes an offer to conclude a contract with the respective contents of the Shopping Cart. The confirmation of receipt (order confirmation) constitutes the acceptance of the offer by the Vendor. The content of the order is summarised therein. In this email or in a separate email, but at the latest upon delivery of the goods, the Vendor shall send the Customer the contract text (consisting of order, GTC and order confirmation) on a durable data carrier (email or paper printout). The text of the contract is stored in compliance with data protection regulations.
The contract is concluded in the languages: German.

4. PRICES
All prices stated on the Vendor’s website are inclusive of the applicable statutory value-added tax. By way of derogation from this, all prices in the shop for customers in Switzerland are displayed as net prices and contain neither the legal German nor the Swiss value-added tax. Any value-added tax that may be due under Swiss law is levied at the border by the Swiss Federal Tax Administration and must be paid by the Customer upon delivery or collection. In this case, the net prices are only displayed during the payment process.

5. DELIVERY TIME
Delivery times indicated by the Vendor are calculated from the time of order confirmation, provided that the purchase price has already paid. Orders within Germany and to Austria are usually delivered within one to three working days. Deliveries to Switzerland, Liechtenstein and other EU countries take two to seven working days.

6. PAYMENT
Payment can be made by PayPal, direct debit, credit card, purchase on account or prepayment. Payments for sales outside Germany can currently be made with the payment methods PayPal and credit card. Payment of the purchase price is due immediately upon conclusion of the contract. If the payment deadline is set according to the calendar, then the Customer is already in default by exceeding this deadline.

PayPal
After confirming the purchase, the Customer will be redirected to PayPal where they will be asked to make payment. Only then does the purchase take place.

Direct debit
The Customer’s EC card is debited when the order is placed. The payment is processed via PayPal. The Customer does not need a PayPal account.

Credit card
The Customer’s credit card account will be debited upon completion of the order. The payment is processed via PayPal. The Customer does not need a PayPal account.

Purchase on account
The Customer receives an invoice together with their delivery. The invoice amount must be transferred within 14 days to the account stated in the invoice.
The Vendor has assigned the claim against the Customer to PayPal (Europe) S.àr.l. et Cie, S.C.A. as part of an ongoing factoring agreement. Payments with discharging effect can only be made to PayPal (Europe) S.àr.l. et Cie, S.C.A..

The Customer should contact PayPal directly, by telephone at 0800 723 4730 or by email at rechnung@paypal.de., if they have any questions about bank transfers or outstanding payments. Paypal’s General Terms and Conditions can be viewed here: https://www.paypal.com/de/webapps/mpp/ua/legalhub-full?locale.x=en_US

7. SELF-COLLECTION
The Vendor only supplies goods via dispatch. Unfortunately, self-collection is not possible.

8. PACKSTATION
The Vendor delivers to Packstations.

9. QUALITY GUARANTEE
The Vendor is liable for material defects in accordance with the applicable statutory provisions, in particular Sections 434 et seq. of the German Civil Code (BGB). For business customers, the warranty period for items delivered by the Vendor is 12 months.

10. LIABILITY
The Customer’s claims for damages are excluded. Exempted from this are the Customer’s claims for damages arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the Vendor, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
In the event of a breach of essential contractual obligations, the Vendor shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless the damage is a claim for damages by the Customer arising from injury to life, limb or health.
The restrictions of (1) and (2) also apply in favour of the Vendor’s legal representatives and vicarious agents if claims are asserted directly against them.
The provisions of the German Product Liability Act remain unaffected.

11. REVOCATION POLICY
Revocation policy for consumers
Consumers are entitled to a right of revocation in accordance with the following provision, whereby a consumer is any natural person who concludes a legal transaction for purposes which can predominantly be attributed to neither their commercial nor their self-employed professional activity:

Right of revocation
The customer has the right to revoke the contract within fourteen days without giving reasons.
The revocation period is fourteen days from the day on which the customer or a third party named by the customer who is not the carrier has taken possession of the last goods.

In order to exercise their right of revocation, the Customer must inform
(marketing partner Agentur für Verkaufsförderung GmbH, Westerbachstr. 30, 61476 Kronberg, Tel: +49 (0) 6173 925220 , Fax: +49 (0) 6173 925225 , email: ella@ellabrante.com)
of this by means of a clear statement (e.g. a letter sent by post, email or fax) regarding the decision to withdraw from this contract, The Customer can use the attached sample revocation form, although this is not mandatory.

In order to comply with the revocation period, it is sufficient for the Customer to send notification of their intention to exercise the right of revocation before the expiry of the revocation period.

Consequences of revocation
If the Customer revokes the contract, the Vendor shall repay all payments received from the Customer, including delivery charges (excluding additional charges resulting from the Customer’s choice of a method of delivery other than the cheapest standard delivery offered by the Vendor), promptly and no later than fourteen days from the date on which the Vendor receives notice of revocation of the contract. The Vendor shall use the same means of payment used in the original transaction for the repayment, unless expressly agreed otherwise with the Customer; in no event shall charges be levied to the Customer for such repayment.

The Vendor may refuse to refund payment until it has received the goods back or until the Customer has provided proof that they have returned the goods, whichever is earlier.
The Customer must return or hand over the goods to the Vendor immediately and in any case within fourteen days of the date on which they inform us of the revocation of this contract at the latest. This period shall be deemed to have been observed if the Customer sends the goods before the expiry of the fourteen-day period.

The Customer bears the direct costs of returning the goods.

The Customer shall only be liable for any loss in value of the goods if such loss in value is attributable to handling of the goods which is not necessary for testing their condition, properties and functionality.

End of the revocation policy

12. CONTRACT TEXT STORAGE
The contract text is not stored by the Vendor.

13. RETENTION OF TITLE
The Vendor retains title to the delivered item until all claims arising from the contract have been paid in full. If ownership has not yet passed to the buyer, the buyer is obliged to treat the object of sale with care.

Alternative dispute resolution pursuant to Art. 14 (1) of the EU Regulation on consumer ODR and Section 36 of the German Consumer Dispute Resolution Act (VSBG):
The European Commission provides a platform for online dispute resolution available at http://ec.europa.eu/consumers/odr/. We are not prepared to participate in dispute resolution proceedings before a consumer arbitration body