Terms of service

General Terms and Conditions with customer information

Scope
Conclusion of contract
Right of cancellation
Prices and payment terms
Delivery and shipping terms
Retention of title
Liability for defects
Redemption of promotional vouchers
Redemption of gift vouchers
Applicable law
Place of jurisdiction
Alternative dispute resolution

1. Scope

These General Terms and Conditions of ELYSEE Uhren GmbH, hereinafter referred to as the seller, apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur, hereinafter referred to as the customer, with the seller regarding the goods presented in the seller's online store. The inclusion of the customer's own terms and conditions is rejected unless otherwise agreed.

These Terms and Conditions apply accordingly to contracts for the delivery of vouchers, unless expressly regulated otherwise.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is a natural or legal person or a partnership with legal capacity who acts in the exercise of a commercial or self-employed professional activity when concluding a legal transaction.

2. Conclusion of contract

The product descriptions contained in the seller's online store do not constitute binding offers by the seller, but serve to enable the customer to submit a binding offer.

The customer can submit the offer via the online order form integrated into the seller's online store. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contractual offer for the goods contained in the cart by clicking the button that completes the order process.

The 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, by delivering the ordered goods to the customer, or by requesting payment from the customer after the order has been placed. If several of these alternatives apply, the contract is concluded at the time when one of the alternatives occurs first. If the seller does not accept the customer's offer within this period, this is deemed to be a rejection of the offer and the customer is no longer bound by the declaration of intent.

If payment is made using a payment method offered by PayPal, payment processing is carried out via PayPal (Europe) S.a r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, under the applicable PayPal terms of use. If the customer selects a PayPal payment method in the online ordering process, the seller declares acceptance of the customer's offer at the time the customer clicks the button that completes the order process.

If the payment method Amazon Payments is selected, payment processing is carried out via Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg, under the applicable Amazon Payments Europe user agreement. If the customer selects Amazon Payments during the online ordering process, the customer also issues a payment order to Amazon by clicking the button that completes the order process. In this case, the seller declares acceptance of the customer's offer at that time.

When an offer is submitted via the seller's online order form, the contract text is stored by the seller after conclusion of the contract and sent to the customer in text form, for example by email, fax or letter. No further access to the contract text is provided by the seller. If the customer has created an account in the online store before submitting the order, the order data is archived on the website and can be accessed free of charge via the password-protected customer account using the relevant login data.

Before submitting a binding order via the online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. The customer can correct entries during the electronic ordering process using the usual keyboard and mouse functions until clicking the button that completes the order process.

The language available for conclusion of the contract is German.

Order processing and contact usually take place by email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller or third parties commissioned with order processing can be received.

3. Right of cancellation

Consumers generally have a statutory right of cancellation. More detailed information on the right of cancellation can be found in the seller's cancellation policy.

4. Prices and payment terms

Unless otherwise stated in the seller's product description, the prices stated are total prices including statutory value added tax. Any additional delivery and shipping costs are stated separately in the respective product description.

For 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 for money transfers by credit institutions or import duties and taxes. Such costs may also arise in relation to money transfers if the delivery is not made to a country outside the European Union but the customer makes payment from a country outside the European Union.

The available payment options are communicated to the customer in the seller's online store.

For payment methods offered via Shopify Payments, payment processing is carried out via Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland. The individual payment methods offered via Shopify Payments are communicated to the customer in the online store. Stripe may use additional payment service providers for payment processing, for which special payment terms may apply. Further information on Shopify Payments is available at https://www.shopify.com/legal/terms-payments-de.

5. Delivery and shipping terms

Goods are delivered by shipping to the delivery address provided by the customer, unless otherwise agreed. The delivery address stated in the seller's order processing is decisive.

If delivery of the goods fails for reasons attributable to the customer, the customer bears the reasonable costs incurred by the seller as a result. This does not apply to the costs of the original shipment if the customer effectively exercises the right of cancellation. For return shipping costs, the regulation in the seller's cancellation policy applies.

The seller reserves the right to withdraw from the contract if self-supply is incorrect or improper. This applies only if the non-delivery is not attributable to the seller and the seller has concluded a specific covering transaction with the supplier with due care. In the event of non-availability or only partial availability of the goods, the customer will be informed without delay and any consideration already paid will be refunded without delay.

Collection by the customer is not possible for logistical reasons.

Vouchers are provided to the customer by download, by email or by post.

6. Retention of title

If the seller provides goods in advance, the seller retains ownership of the delivered goods until the purchase price owed has been paid in full.

7. Liability for defects

If the purchased item is defective, the statutory provisions on liability for defects apply.

If the customer acts as a consumer, the customer is asked to complain to the carrier about goods delivered with obvious transport damage and to inform the seller accordingly. Failure to do so has no effect on the customer's statutory or contractual claims for defects.

8. Redemption of promotional vouchers

Vouchers issued free of charge by the seller as part of promotional campaigns with a specific validity period and which cannot be purchased by the customer, referred to as promotional vouchers, can only be redeemed in the seller's online store and only within the specified period.

Individual products may be excluded from a voucher campaign if the content of the promotional voucher indicates such a restriction. Promotional vouchers can only be redeemed before completion of the order process. Subsequent offsetting is not possible. Several promotional vouchers may be redeemed in one order if permitted by the campaign.

The value of the goods must at least equal the amount of the promotional voucher. Any remaining balance will not be refunded by the seller. If 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 difference.

The credit balance of a promotional voucher is neither paid out in cash nor bears interest. The promotional voucher will not be refunded if the customer returns goods paid for in whole or in part with the promotional voucher within the scope of the statutory right of cancellation. The promotional voucher is transferable. The seller may render performance with discharging effect to the respective holder who redeems the promotional voucher in the online store, unless the seller has knowledge or grossly negligent ignorance of the holder's lack of entitlement, incapacity or lack of authority to represent.

9. Redemption of gift vouchers

Vouchers that can be purchased via the seller's online store, referred to as gift vouchers, can only be redeemed in the seller's online store unless otherwise stated on the voucher.

Gift vouchers and remaining balances of gift vouchers can be redeemed until the end of the third year after the year in which the voucher was purchased. Remaining balances are credited to the customer until the expiry date.

Gift vouchers can only be redeemed before completion of the order process. Subsequent offsetting is not possible. Several gift vouchers may be redeemed in one order. Gift vouchers can only be used to purchase goods and cannot be used to purchase additional gift vouchers.

If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller may be selected to pay the difference. The credit balance of a gift voucher is neither paid out in cash nor bears interest.

The gift voucher is transferable. The seller may render performance with discharging effect to the respective holder who redeems the gift voucher in the online store, unless the seller has knowledge or grossly negligent ignorance of the holder's lack of entitlement, incapacity or lack of authority to represent.

10. Applicable law

All legal relationships between the parties are governed by the law of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has habitual residence.

11. Place of jurisdiction

If the customer acts as a merchant, legal entity under public law or special fund under public law with registered office in Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract. If the customer is domiciled outside Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the preceding cases, however, the seller is also entitled to bring proceedings before the court at the customer's registered office.

12. Alternative dispute resolution

The European Commission provides a platform for online dispute resolution at https://ec.europa.eu/consumers/odr.

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

The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.