General Terms and Conditions

General Terms and Conditions (GTC) for emilelise.com.

 

• § 1 Contractual partners, scope of these GTC, definitions

(1) For contracts for the delivery of goods and services presented and offered in this webshop between the provider of the store, the

(2) furor per fumum GmbH, Im Teelbruch 118, 45219 Essen, vertreten durch die Geschäftsführer Hans-Peter Lorenz und Annabelle Schuster, Tel.: +49 2054 872 66 47, E-Mail: shop@emilelise.com, Handelsregister: Amtsgericht Essen, HRB 25516, Ust. ID: DE297 057 588 (nachfolgend „Emil Élise“ oder „wir“),

(3) and you as our customer (hereinafter "Customer"), the following General Terms and Conditions shall apply exclusively in the version valid at the time of the order. Deviating general terms and conditions of the customer are not recognized unless Emil Élise expressly agrees to their validity in writing.

(4) These General Terms and Conditions apply irrespective of whether the customer is a consumer, entrepreneur or merchant. The customer is a consumer insofar as the purpose of the ordered goods and services cannot be predominantly attributed to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, is acting in the exercise of their commercial or independent professional activity.

 

• § 2 Conclusion of contracts

(1) The presentation and advertising of goods and vouchers does not constitute a binding offer to conclude a purchase contract, but rather an invitation to the customer to order the products described in the webshop.

(2) The customer can select goods and vouchers from the Emil Élise range and collect them in a so-called shopping basket by clicking the "Add to basket" button. By clicking on the "Continue to order" button, the customer is taken to a page for entering shipping, payment and invoice details. The customer guarantees the accuracy of the data entered. For payment, the customer can enter voucher codes ("coupons"), the equivalent value of which will be deducted from the order total. By clicking on "Continue", the customer is taken to the order summary.

(3) By clicking on the "Order with obligation to pay" button, the customer submits a binding application to purchase the goods and/or vouchers in accordance with the order summary. Before submitting the order by clicking on the "Order with obligation to pay" button, the customer can change and view the data at any time. The application can only be submitted and transmitted if the customer has accepted these contractual conditions by clicking the checkbox "I accept the general terms and conditions and have taken note of the cancellation policy and data protection declaration" and has thereby included them in his application.

(4) Emil Élise will then send the customer an automatic confirmation of receipt by e-mail, in which the customer's order is listed again and which the customer can print out using the "Print" function. The automatic confirmation of receipt merely documents that the customer's order has been received by Emil Élise and does not constitute acceptance of the application to conclude the contract.

(5) The contract is only concluded when a separate order confirmation is sent or, at the latest, when a dispatch notification is sent by e-mail (in the case of digital vouchers, by sending the voucher by e-mail). With the order confirmation or in a separate e-mail, but at the latest upon delivery of the goods, the contract text (consisting of order, GTC and order confirmation) is sent to the customer by us on a permanent data carrier (e-mail or paper printout) (contract confirmation). The text of the contract is stored in compliance with data protection regulations.

(6) The contract is concluded exclusively in German.

 

• § 3 Delivery, delivery restrictions, availability of goods

(1) Delivery is made in Germany, Austria, France, Italy, Spain, Portugal, the Netherlands, Belgium, Luxembourg, Denmark, Finland, Sweden, Poland, the Czech Republic, Greece, Bulgaria, Hungary, Croatia, Romania, Slovakia and Slovenia to the delivery address specified by the customer.

(2) Delivery times stated by Emil Élise are calculated from the time of order confirmation, subject to prior payment of the purchase price (except in the case of purchase on account). If no or no deviating delivery time is specified for the respective goods in our online shop, the delivery time within the Federal Republic of Germany is 1-3 working days. The delivery time may vary for deliveries outside Germany.

(3) If no copies of the product selected by the customer are available at the time of the customer's order, Emil Élise shall inform the customer of this immediately in the order confirmation. If the product is permanently unavailable, Emil Élise will refrain from issuing a declaration of acceptance. In this case, a contract is not concluded.

(4) If the product designated by the customer in the order is only temporarily unavailable, Emil Élise will also inform the customer of this immediately in the order confirmation.

(5) Emil Élise is entitled to make partial deliveries.

(6) In the case of special promotions or gift campaigns, these will only be delivered while stocks last.

 

• § 4 Retention of title

The delivered goods remain the property of Emil Élise until full payment has been received.

 

• § 5 Prices and shipping costs

(1) All prices stated on the Emil Élise website include the applicable statutory value added tax. The prices stated at the time of ordering apply.

(2) We deliver to the following countries: Germany, Austria, France, Italy, Spain, Portugal, Netherlands, Belgium, Luxembourg, Denmark, Finland, Sweden, Poland, Czech Republic, Greece, Bulgaria, Hungary, Croatia, Romania, Slovakia and Slovenia.

(3) Within Germany, shipping is free of charge regardless of the order value. If the customer does not collect the order or provides incorrect information, shipping costs will still be charged.

The shipping costs for shipping outside Germany depend on the order value:

- Order value 0-50€ = shipping costs 10€

- Order value 51-100€ = shipping costs 8€

- Order value 101+€ = shipping costs 0€

 

(4) Physical goods (including voucher cards) are dispatched by post. Digital vouchers are dispatched by separate e-mail after confirmation of receipt. Emil Élise bears the shipping risk if the customer is a consumer.

(5) In the event of cancellation, the customer shall bear the direct costs of returning the goods.

 

• § 6 Terms of payment, offsetting restriction

(1) The following payment options offered by the payment service provider PayPal are available to customers: PayPal payment (an account with PayPal is required for this), payment by credit card (VISA, MasterCard, American Express), direct debit (SEPA-compliant). Restrictions on the payment methods available to the customer may arise as a result of a check by the payment service provider PayPal. In addition, customers can use the payment method bank transfer independently of the payment service provider PayPal.

(2) If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.

(3) If a payment method offered via the payment service "mollie" is selected, the payment will be processed via the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, Netherlands (hereinafter: "mollie"). The individual payment methods offered via mollie are communicated to the customer in the seller's online store. In order to process payments, mollie may use other payment services for which special payment terms may apply, to which the Customer may be informed separately. Further information on "mollie" is available on the Internet at https://www.mollie.com/de/.

(4) The customer can change the payment method saved in their user account at any time.

(5) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of payment is determined according to the calendar, the customer is already in default by missing the deadline. In this case, the customer shall pay Emil Élise default interest of 5 percentage points above the base interest rate for the year.

(6) The customer's obligation to pay default interest does not preclude Emil Élise from claiming further damages caused by default.

(7) The customer is not entitled to offset against claims of Emil Élise unless the customer's counterclaims have been recognised by declaratory judgement or are undisputed. The customer is also entitled to set-off against claims of Emil Élise if the customer asserts complaints or counterclaims arising from the same purchase contract.

 

• § 7 Warranty for material defects, guarantee

(1) Emil Élise is liable for material defects in accordance with the applicable statutory provisions. The warranty period for goods delivered by Emil Élise to entrepreneurs is 12 months.

(2) If subsequent fulfilment is effected by way of a replacement delivery, the customer is obliged to return the previously delivered, rejected goods to Emil Élise at Emil Élise's expense within 30 days of receipt of the replacement delivery.

(3) An additional guarantee only exists for the goods delivered by Emil Élise if this was expressly stated in the order confirmation for the respective article.

 

• § 8 Liability

(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer 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 Emil Élise, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.

(2) In the event of a breach of material contractual obligations, Emil Élise shall only be liable for the foreseeable damage typical for the contract if this was caused by simple negligence, unless the customer's claims for damages are based on injury to life, body or health.

(3) The restrictions of paragraphs 1 and 2 also apply in favour of the legal representatives and vicarious agents of Emil Élise if claims are asserted directly against them.

(4) The limitations of liability resulting from paragraphs 1 and 2 do not apply if Emil Élise has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies if Emil Élise and the customer have reached an agreement on the quality of the goods. The provisions of the Product Liability Act remain unaffected.

 

• § 9 Emil Élise vouchers / gift cards ("coupons")

(1) The customer has the option of purchasing Emil Élise vouchers as a gift card (sent by post) or digital voucher (sent by e-mail).

(2) When ordering a personalised gift card, the customer undertakes not to use any texts or images that infringe the rights of third parties (in particular copyrights, trademark rights or personal rights) or otherwise violate applicable laws or morality. With regard to protected third-party texts and images, the customer undertakes to indemnify Emil Élise against all third-party claims and to bear all costs incurred as a result, including the costs of legal defence against such claims.

(3) To use the Emil Élise gift card, the customer must enter the voucher code printed on the gift card during the order process on the "Enter delivery, payment and invoice details" page. The voucher amount will be deducted from the invoice total after the voucher card balance has been checked. The voucher card will not be debited until you click on "Order with obligation to pay".

 

• § 10 Cancellation

Please refer to the cancellation policy.

 

• § 11 Non-purchasable promotional vouchers and their redemption

(1) Promotional vouchers are vouchers that cannot be purchased but are issued by Emil Élise as part of advertising campaigns with a specific period of validity.

(2) Promotional vouchers can only be redeemed during the specified period and only once as part of an order process.

(3) The value of the goods must be at least equal to the amount of the promotional voucher. A difference to a higher value of goods can be settled with the payment options offered. The value of a promotional voucher is neither paid out in cash nor does it bear interest. The promotional voucher will not be refunded if goods are returned in whole or in part (withdrawal or voluntary return).

(4) Promotional vouchers can only be redeemed before the order process is completed. Subsequent crediting is not possible. The promotional voucher cannot be transferred to third parties. Several promotional vouchers cannot be combined with each other unless the parties have agreed otherwise.

(5) If the customer has used a promotional voucher for a purchase, Emil Élise reserves the right to charge the customer the original price of the goods that the customer retains if - due to a cancellation - the total value of the order falls below or corresponds to the respective value of the promotional voucher.

 

• § 12 Final provisions

(1) The law of the Federal Republic of Germany shall apply to contracts between Emil Élise and the customer to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the country in which the customer as a consumer has his habitual residence, remain unaffected.

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and Emil Élise is the registered office of Emil Élise.

(3) The contract shall remain binding in its remaining parts even if individual points are legally invalid. The ineffective points shall be replaced by the statutory provisions, if any. However, if this would constitute an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.

(4) The European Commission provides a platform for online dispute resolution (OS): https://ec.europa.eu/consumers/odr. You can find our email address in the legal notice. We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.