General Terms and Conditions

§ 1 Scope of Application, Customer Information

The following General Terms and Conditions (GTC) govern the contractual relationship between Eleganz Atelier (www.eleganz-ateliers.de) and consumers and entrepreneurs who purchase goods through our shop. Any conflicting terms or conditions that deviate from our General Terms and Conditions will not be recognized by us. The contractual language is English.

§ 2 Conclusion of Contract

• (1) The offers presented on the internet represent a non-binding invitation for you to purchase goods.
• (2) You may add one or more products to your shopping cart. During the checkout process, you will enter your data and preferences regarding payment method, delivery terms, etc. You submit a binding offer to conclude a purchase contract only by clicking the order placement button. You may also place a binding order by telephone.
• (3) The acknowledgment of receipt, which is sent immediately via email, simultaneously declares acceptance of the offer, thereby concluding the purchase contract. In the case of a telephone order, the purchase contract is concluded if we accept your offer immediately. If the offer is not accepted immediately, you are no longer bound by it.

§ 3 Customer Information: Storage of the Contract Text

Your order details along with the specifics of the concluded contract (e.g., type of product, price, etc.) will be stored by us. However, you do not have access to your past orders via the internet. We will send the GTC to you, but you can also access the GTC at any time via our website. If you wish to save the product description on our shop page for your own purposes, you can, for example, take a screenshot at the time of ordering or, alternatively, print the entire page.

§ 4 Customer Information: Correction Notices

You can correct your entries at any time before submitting the order by using the delete key. We will inform you about further correction options throughout the ordering process. You can also completely terminate the ordering process at any time by closing your browser window.

§ 5 Retention of Title

The purchased item remains our property until full payment has been received.

§ 6 Statutory Liability for Defects and Shortening of the Limitation Period

• (1) Statutory Warranty Rights: Statutory liability rights for defects apply to our goods.
• (2) Shortening of the Limitation Period for Used Goods regarding Consumers: Excluded from this agreement are claims for damages, claims based on defects that we have fraudulently concealed, and claims arising from a warranty that we may have assumed for the quality of the item. For these excluded claims, the statutory limitation periods shall apply. If a warranty period exists, the longer period shall apply in favor of the warranty beneficiary.
• (3) Restriction of Warranty Rights regarding Entrepreneurs: Your warranty claims due to defects in the purchased item shall expire one year after the transfer of risk. The following claims are excluded from this provision:
  • for damages
  • due to fraudulently concealed defects
  • arising from any warranty given
  • for recourse under §§ 445a, 478 of the German Civil Code (BGB)
  • due to defects in building materials and components that have been used for a building in accordance with their customary purpose and have caused its defectiveness.
  For these excluded claims, the statutory limitation periods shall apply. In the case of any given warranty duration, the longer period shall apply in favor of the buyer.

§ 7 Limitation of Liability

We exclude liability for minor negligent breaches of duty, provided that these do not concern essential contractual obligations, damages resulting from injury to life, body, or health, warranties, or claims under the Product Liability Act (ProdHaftG). The same applies to breaches of duty by our vicarious agents and our legal representatives. Essential contractual obligations include, in particular, the obligation to hand over the item to you and to grant you ownership of it. Furthermore, we must provide you with the item free of material and legal defects.

§ 8 Commercial Jurisdiction

The exclusive place of jurisdiction for all disputes arising from this contract is our place of business, provided that you are a merchant.

§ 9 Right of Withdrawal, Returns & Exchanges

• (1) Right of Withdrawal: Consumers have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period is 14 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 goods.
  
  To exercise the right of withdrawal, a clear declaration (e.g., via email to info@eleganz-ateliers.de) stating your decision to withdraw from the contract is sufficient. To meet the deadline, it is sufficient that you send the notification before the withdrawal period has expired.
• (2) Return Shipment & Costs: The customer shall bear the direct costs of returning the goods, provided that the delivered goods correspond to those ordered. We will only cover the return costs if the return is due to an error on our part (e.g., incorrect item, damaged goods).
• (3) Exchange & Voucher Policy: Upon receipt and inspection of the returned shipment, compensation will generally be made by exchanging the item for other goods or by issuing a voucher equivalent to the value of the goods. A cash refund of the purchase price will not be granted unless it involves an error caused by us (e.g., incorrect delivery, defective item).
• (4) Exclusion of the Right of Withdrawal for Personalized Items: Items that are manufactured according to customer specifications, engraved, or clearly tailored to personal needs are completely excluded from the right of withdrawal (§ 312g Abs. 2 Nr. 1 BGB).
• (5) Refund in Event of Faulty Delivery: If an error occurs on our part (e.g., wrong or faulty item, transport damage), we will naturally refund the full purchase price including shipping costs or deliver a replacement. In this case, we will also bear the return shipping costs.
• (6) Condition of Returned Items: Personalized items are excluded from exchange unless there is a material defect in the product. For non-personalized products: Returns will only be accepted if the goods are in an unworn, undamaged condition and, where possible, in their original packaging. In the event of depreciation due to usage, we reserve the right to claim compensation for value reduction.

Eleganz Atelier
Wasserburgerland Str. 3
85591 Vaterstetten
Germany

Phone: (+49) 176 15767513
WhatsApp: Send message
Email: info@eleganz-ateliers.de