Terms of service
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to all contracts that you conclude with us as the provider (Nueraminamu Böhm & Konstantin Böhm) via the website https://www.elan-brandy.com/. Unless otherwise agreed, the inclusion of any terms and conditions you may use is hereby rejected.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject matter of the contract is the sale of goods. Our offers on the Internet are non-binding and do not constitute a binding offer to conclude a contract.
(2) You can submit a binding purchase offer (order) via the online shopping cart system. The goods intended for purchase are placed in the “shopping cart.” You can access the “shopping cart” via the corresponding button in the navigation bar and make changes there at any time. After calling up the “Checkout” page and entering your personal data as well as the payment and shipping conditions, all order data will be displayed again on the order overview page. Before submitting the order, you have the opportunity to check all the details again, change them (also using the “back” function of your Internet browser) or cancel the purchase. By submitting the order via the “Place order” button, you are making a binding offer to us. You will first receive an automatic email confirming receipt of your order, which does not yet lead to the conclusion of a contract. The offer is accepted (and the contract concluded) within 2 days by means of a written confirmation (e.g., email) confirming the execution of the order or delivery of the goods (order confirmation). If you do not receive such a message, you are no longer bound to your order. Any services already rendered will be refunded immediately in this case.
(4) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by email. You must therefore ensure that the email address you have provided us with is correct, that the receipt of emails is technically ensured and, in particular, that it is not prevented by spam filters.
§ 3 Right of retention, retention of title
(1) You may only exercise a right of retention if it relates to claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 4 Warranty
(1) The statutory rights of liability for defects apply.
(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects, and transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty claims.
§ 5 Choice of law
(1) German law applies. For consumers, this choice of law only applies insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the country of their habitual residence (principle of favorability).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
§ 6 Protection of minors
(1) When selling goods that are subject to the provisions of the Youth Protection Act, we only enter into contractual relationships with customers who have reached the minimum age required by law. Existing age restrictions are indicated in the respective item description.
(2) By submitting your order, you confirm that you have reached the minimum age required by law and that your name and address details are correct. You are obliged to ensure that only you or persons authorized by you to receive the delivery who have reached the minimum age required by law receive the goods.
(3) Insofar as we are obliged by law to carry out an age check, we instruct the logistics service provider responsible for the delivery to only hand over the delivery to persons who have reached the minimum age required by law and, in case of doubt, to ask the person receiving the goods to show their identity card for age verification purposes.
(4) If we indicate in the respective item description that you must be at least 18 years of age to purchase the goods, the above paragraphs 1-3 shall apply with the proviso that you must be of legal age instead of the minimum age prescribed by law.
II. Customer information
1. Identity of the seller
ÉLAN GbR
Nueraminamu Böhm and Konstantin Böhm
Allensteiner Weg 5
65191 Wiesbaden, Germany
Phone: 015171134433
Email: info@elan-brandy.com
Alternative dispute resolution: The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at https://ec.europa.eu/odr.
2. Information on the conclusion of the contract
The technical steps for concluding the contract, the conclusion of the contract itself, and the options for correction are carried out in accordance with the provisions of “Conclusion of the contract” in our General Terms and Conditions (Part I).
3. Contract language, contract text storage
3.1. The contract language is German.
3.2. We do not store the complete contract text. Before submitting the order via the online shopping cart system, the contract data can be printed out or saved electronically using the browser's print function. After we receive the order, the order data, the information required by law for distance contracts, and the General Terms and Conditions will be sent to you again by email.
4. Essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. Prices and payment terms
5.1. The prices and shipping costs listed in the respective offers represent total prices. They include all price components, including all applicable taxes.
5.2. The shipping costs incurred are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process, and are to be borne by you in addition, unless free shipping has been promised.
5.3. The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective offer.
5.4. Unless otherwise specified for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
6. Delivery conditions
6.1. The delivery conditions, the delivery date, and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.
6. 2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment is only transferred to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by the entrepreneur or another person designated to carry out the shipment.
7. Statutory liability for defects
Liability for defects is governed by the “Warranty” provision in our General Terms and Conditions (Part I).
These General Terms and Conditions and customer information were created by the Händlerbund's lawyers specializing in IT law and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. For more information, please visit: https://www.haendlerbund.de/agb-service
III. Payment and Shipping
1. Shipping conditions
The following conditions apply: Delivery is only available within Germany.
2. Shipping costs
We charge a flat shipping fee of €6.00 per order (including VAT). Shipping is free for orders over €80.00.
3. Delivery times
Unless otherwise specified in the respective offer, goods will be delivered in Germany within 3-5 days after conclusion of the contract (in the case of agreed prepayment, after the time of your payment instruction). Please note that there are no deliveries on Sundays and public holidays. If you have ordered items with different delivery times, we will ship the goods in a single shipment, unless we have made other arrangements with you. In this case, the delivery time is determined by the item with the longest delivery time that you have ordered.
4. Terms of payment
5. Cancellation policy
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day
- on which you or a third party named by you, who is not the carrier, took possession of the goods, provided that you ordered one or more goods as part of a single order and these are delivered as a single shipmen
- on which you or a third party designated by you, who is not the carrier, took possession of the last partial shipment or the last item, provided that you ordered several goods as part of a single order and these are delivered separately.
To exercise your right of withdrawal, you must inform us:
ÉLAN GbR
Allensteiner Weg 5
65191 Wiesbaden, Germany
Email address: info@elan-brandy.com
by means of a clear statement (e.g., a letter sent by post or email) of your decision to withdraw from this contract. You can use the attached sample withdrawal form (point 9 below), but this is not mandatory.
To comply with the withdrawal period, it is sufficient that you send the notification of your exercise of the right of withdrawal before the expiry of the withdrawal period.
6. Consequences of revocation
If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we receive notification of your withdrawal from this contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.
We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you notify us of your withdrawal from this contract. The deadline is met if you send the goods before the fourteen-day period expires.
You shall bear the direct costs of returning the goods.
You shall only be liable for any loss in value of the goods if this loss in value is attributable to handling of the goods that is not necessary for testing their condition, properties, and functionality.
7. Reasons for exclusion or expiry
The right of withdrawal does not apply to contracts
- for the delivery of goods that are not prefabricated and for whose manufacture an individual selection or determination by the consumer is decisive or that are clearly tailored to the personal needs of the consumer
- for the delivery of goods that can spoil quickly or whose expiration date would quickly be exceeded.
The right of withdrawal expires prematurely in the case of contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene (e.g., bottles with a seal band above the cap) if their seal has been removed after delivery.
8. Sample withdrawal form
If you wish to withdraw from the contract, please fill out this form and return it to us. However, the use of this sample withdrawal form is not mandatory. You can also inform us of your decision to withdraw from the contract by means of a clear statement (e.g., a letter sent by post or email).
To:
ÉLAN GbR
Allensteiner Weg 5
65191 Wiesbaden, Germany
Email address: info@elan-brandy.com
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*) / the provision of the following service (*)
Ordered on (*) / received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only for paper notifications)
Date
(*) Delete as appropriate.