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General terms

1. Scope of Application, Definitions

(1) These Standard Terms and Conditions (STCs) apply to any and all contracts, which are concluded between you, as customer, and us, as the operator of the EL ESCAPARATE e-store. In the course of the ordering process, you recognize and acknowledge the version of the STCs that apply at the time the order is placed.

(2) The operator of the EL ESCAPARATE E-Store and your contracting partner is:

EL ESCAPARATE UG Gottvaterberg 17, 91275 Auerbach
Commercial Registry No. HRB 5115
E-Mail: info@el-escaparate.com.

(3) The STCs govern the details of the contractual relationship and also contain important and legally binding consumer information. Through links on the EL ESCAPARATE e-store website, you may, at the time you conclude the contract, download the STCs, store them on your computer and/or print them out. We will also, however, separately email you, no later than when the product is delivered, the STCs that apply to your purchase order.

(4) Our product presentation in the EL ESCAPARATE e-store targets only consumers, who have their habitual residence (invoice address) in one of the following countries or who can specify a delivery address in that same country: Germany, Austria, Great Britain, Ireland, France, Belgium, Netherlands, Luxembourg, Spain, Italy, Monaco.

(5) According to the statutory definition, consumers are any natural persons who enter into legally binding transactions for purposes that, for the most part, cannot be attributed either to their trade or to their independent professional work.

2. Contract Formation

(1) Our product presentation in the EL ESCAPARATE e-store does not constitute a binding offer of sale. As the customer, you initiate the offer to enter into a purchase agreement when you click the “Buy Now” button after completely filling out the purchase order page. Prior to that purchase, you may at any time view or modify your purchase order by clicking the “Shopping Bag” button. You will be bound by your purchase order for a period of 7 days; i.e., the contract will become legally binding if we accept your purchase order within that period of time.

(2) The minimum purchase order value (gross value of the ordered product including value added tax but excluding incidental costs) is EUR 25.00 and the maximum purchase order value is EUR 10,000.00. No more than 3 units of the same article (in the same color and in the same size) may be ordered on each purchase order. Purchase orders will be accepted only in amounts considered customary for consumer households. The invoice address and delivery address must be in the same country.

(3) After sending the purchase order, you will receive an automated email confirming our receipt of your purchase order (order confirmation), which will not yet, however, constitute a contractual acceptance. We shall communicate the contractual acceptance through a separate email as soon as the product leaves our warehouse (shipping confirmation = contract confirmation). The shipping confirmation contains a shipment number with a tracking link through which you can follow the status of your order at any time via your personal customer account.

(4) If the purchase order covers numerous articles, then your contract will be formed only with respect to those products that are expressly listed in our shipping confirmation.

(5) The foregoing will apply even if, based on the type of payment you selected, you pay (or direct the payment of) the purchase price before the contract is formed. If, in that case, the contract is still not formed for whatever reason, then we shall notify you thereof via email (if there is a partial contractual acceptance, then via shipping confirmation for the deliverable articles) and shall refund the advance payment without undue delay immediately.

(6) The foregoing provisions do not impact your statutory right of withdrawal (see § 6).

(7) The contract will be formed pursuant to the language selected in our EL ESCAPARATE e-store (currently German or English). The contractual text (consisting of the purchase order, STCs and shipping confirmation) will be saved by us in accordance with the data protection rules and will be sent to you via email. You may also view your purchase orders through your personal customer account

3.Prices, Delivery Options, Incidental Costs

(1) The purchase prices listed in our EL ESCAPARATE e-store include the statutory value added tax and all other price components. These prices are shown in amounts, to which the incidental costs as set forth below are added, and are shown either in euro or in a currency that we may from time to time specify.

(2) We deliver only to the delivery addresses that are located in countries listed in our shipping informations. The shipping costs will also be disclosed to you (unless we have temporarily waived those charges) immediately before the placement of your purchase order in the EL ESCAPARATE e-store.

(3) Based on the payment method you select (see § 4), there may be additional costs, which could be charged to you by third parties and over which we have no influence (e.g., credit card fees for use out of the country). We will be unable to reimburse you for those types of costs.

4.Payment and Reservation of Title

(1) There are several methods of payment that may be selected - pursuant to more detailed information in the EL ESCAPARATE e-store: immediate payment transfer (Belgium, Netherlands, Great Britain, Italy), credit cards (e.g., Visa, MasterCard, American Express) or electronic payment service (PayPal). In some cases, you may also utilize a gift or credit coupon to make (partial) payment by entering the relevant coupon code.

(2) In the event of a late payment, we have the right to charge a late payment fee (late fee) in the amount of EUR 5.50 starting with the second reminder notice. You reserve the right to prove that we did not incur any damages or incurred only significantly lower damages. We reserve the right to enforce all our other statutory remedies (e.g., default interest, rescission, and additional compensatory damages).

(3) In any case, we reserve title to the delivered goods until the invoiced amount of a delivery is fully paid (final and unconditional credit, including incidental costs, made to our account).

5.Delivery and Transfer of Risk

(1) Goods will be delivered to the agreed address (for the delivery options and shipping costs, see § 3 (2)) in accordance with the statutory provisions. We agree to bear the risk of any loss or damage to the goods during the transport to you and will cover such risk through a suitable insurance policy.

(2) The delivery periods or times, which we have indicated, are calculated from the date of our shipping confirmation. If no delivery period or a different delivery period is indicated for a particular article in the EL ESCAPARATE e-store, then the delivery period will be determined according to § 3 (2) above.

(3) If all the goods under a purchase order cannot be delivered simultaneously, then we are entitled to make installment deliveries at our own expense and in accordance with the agreed delivery periods or the delivery periods indicated in the shipping confirmation and in accordance with what is reasonable for you.

(4) If we are unable to deliver within a binding delivery period due to reasons for which we are not responsible (unavailability of the good based on, e.g., a failed delivery by one of our suppliers or the occurrence of a force majeure), then we shall indicate this fact to you without undue delay and specify the new expected delivery period. If the new delivery period is unacceptable to you or if the goods are either completely unavailable or unavailable within the new delivery period as well, then both contracting parties will be entitled to rescind the contract with respect to the good in question. In that case, we shall without undue delay refund the consideration already provided. The statutory rights of the contracting parties will remain unaffected thereby.

(5) If the delivery of the goods fails despite multiple attempts and based on reasons for which we are not responsible, then we may rescind the contract. Any payments, which may have already been made by you, will be refunded to you without undue delay. The statutory rights of the contracting parties shall remain unaffected thereby.

6. Right of Withdrawal

(1) When entering into a distance transaction, consumers have a statutory right of withdrawal, about which we are required by law to inform you and do so as follows:

INSTRUCTIONS ON WITHDRAWAL

Inside the EU you have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period equals fourteen days from the day on which you or a third person appointed by you (who is not the carrier), took possession of the goods or a partial shipment of your purchase order. In order to exercise your right of withdrawal, you must inform us (EL ESCAPARATE UG, Gottvaterberg 17, 91275 Auerbach, E-Mail: info@el-escaparate.com) of your decision to withdraw from this contract by an unequivocal statement (e.g., letter sent by post, fax or email). You may use the attached model withdrawal form, but it is not obligatory. You may also exercise your right of withdrawal by sending back to us within the withdrawal period the relevant goods together with the return slip enclosed with the delivery; in that case, a separate statement will not be necessary. To meet the withdrawal duty, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of the Withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, excluding the costs of delivery, without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We shall carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed with us otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may refuse to provide the reimbursement until we have received back the goods or until you can provide evidence that you returned the goods, whatever is sooner. You are obligated to send back the goods or hand them over to us (EL ESCAPARATE UG, Gottvaterberg 17, 91275 Auerbach) without undue delay and in any event no later than within fourteen days from the day on which you communicate your withdrawal. The deadline will be deemed to have been met if you send off the goods before the fourteen day period has expired or cause the goods to be retrieved from your place of business in accordance with the information in our online shop. You shall bear the direct costs for the return shipment of the goods. You will be liable for any diminished value of the goods only if the diminished value is attributable to the handling of the goods and such handling was not necessary to establish the nature, characteristics and functioning of the goods.

Exclusion of the Right of Withdrawal

The right of withdrawal does not apply, inter alia, to contracts for the delivery of goods, which have not been prefabricated and for the production of which an individual selection or specification by the consumer is required, or to contracts for the delivery of goods which are clearly tailored to the personal needs of the consumer (e.g., for customized products).

(2) In accordance with the statutory provisions, we are obligated to inform you about the model withdrawal form. The form does not need to be used, however download modal withdrawal form (complete and return this form only if you wish to withdraw from the contract).

(3) As a supplement to the statutory provisions, the following applies:
You may also exercise your right of withdrawal by returning to us within the withdrawal period the relevant goods; a separate statement will not be necessary. You yourself shall bear the direct costs for the return shipment of the goods.  

7. Customer Rights in the Event of Defects

(1) Your rights in the event there are defects in quality and title will be based on the statutory provisions, unless otherwise provided below.

(2) The product descriptions in our EL ESCAPARATE e-store and, in some cases, the product details and instructions, which are delivered together with the goods, will be deemed agreements on the condition and characteristics [Beschaffenheit] of the goods. Please note those instructions before you decide whether to keep the goods.

(3) We shall not be liable for any statements about conditions and characteristics made by third parties, including customer evaluations that are published by customers in our EL ESCAPARATE e-Store.

(4) We shall be liable for compensatory damages solely on the basis of § 8. Your statutory right of withdrawal (see § 6) remains unaffected thereby.

8.Liability for Compensatory Damages

(1) We shall be liable for compensatory damages based on the statutory provisions, unless otherwise provided below.

(2) With respect to any breaches of duty - based on whatever legal grounds - we shall be responsible for intentional acts or omissions and for gross negligence. Where there has been simple negligence [einfache Fahrlässigkeit], we will be liable only:
– for damages resulting from death, physical injury or impairment to health, and
– for damages resulting from the breach of a material contractual duty (i.e., a duty, the fulfillment of which makes it even possible to duly perform the contract and the adherence to which the other contracting party does or may routinely rely upon); in this case, however, the liability will be limited to compensating the foreseeable damages that typically occur.

(3) The foregoing limitations on liability do not apply to any statutory claims you may have under the Product Liability Act.

9. Choice of Law and Judicial Forum

(1) These STCs and the contractual relationship are governed by the laws of the Federal Republic of Germany to the exclusion of any uniform laws, including the UN Conventions on Contracts for the International Sale of Goods. The statutory provisions limiting a choice of law and requiring the application of mandatory laws and regulations, above all those of the state in which you as consumer have your habitual residence, remain unaffected thereby.

(2) The statutory provisions on jurisdiction and venue will apply.

October 2016