The following Terms & Conditions refer to online sales of the ELLIMA onlineshop www.ellimaofficial.com

(1) All offers, sales contracts, deliveries and services based on orders placed by our customers (hereinafter referred to as customers) via our online shop www.ellimaofficial.com/ (hereinafter referred to as the "onlineshop") are subject to these General Terms & Conditions.

(2) The product range in our onlineshop is aimed equally at consumers and entrepreneurs, but only at end buyers. For the purposes of these General Terms and Conditions, (i) a consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity (§ 13 of the German Civil Code - BGB) and (ii) an "entrepreneur" is a natural or legal person or a partnership with legal capacity who, when entering into the contract, acts in the exercise of his commercial or independent professional activity (§ 14 para. 1 BGB).

(3) The customer's terms and conditions shall not apply, even if we do not separately object to their validity in individual cases.

(1) Our offers in the online shop are non-binding.

(2) By placing an order in the online shop, the customer makes a binding offer to purchase the product in question. We can accept the offer until the end of the third working day following the day of the offer.

(3) We will send the customer a confirmation of receipt of the offer immediately after receipt of the offer, which does not constitute acceptance of the offer. The offer shall only be deemed accepted by us as soon as we declare acceptance to the customer (by e-mail) or dispatch the goods. The purchase contract with the customer shall only be concluded upon our acceptance.

(4) Any customer who is a consumer shall be entitled to revoke the offer and return the goods in accordance with the special revocation and return instructions provided to the customer on our website as part of the order.

(1) As a small entrepreneur in the sense of § 19 para. 1 UStG no sales tax is charged (Als Kleinunternehmer im Sinne von § 19 Abs. 1 UStG wird keine Umsatzsteuer berechnet). Our prices do not include shipping costs. Customs duties and similar charges shall be borne by the customer.

(2) We only accept the payment methods displayed to the customer during the order process.

(3) Payment of the purchase price is due immediately upon conclusion of the contract.

(4) The customer has no right of set-off or retention unless the counterclaim is undisputed or has been legally established.

(1) If the ordered goods are not available, we will inform the customer immediately. If the goods are not available for the foreseeable future, we shall be entitled to withdraw from the purchase contract. In the event of withdrawal, we shall immediately reimburse the customer for any payments made to us. The customer's statutory rights due to delayed delivery shall not be affected by the above provisions, whereby the customer may only claim damages in accordance with the special provisions of part 8 (Liability) of these General Terms and Conditions.

(2) The delivery costs will be determined during checkout.

(3) The customer bears the shipping costs for the return of any item purchased from our online shop www.ellimaofficial.com. Any customs duties, fees, taxes and other public charges shall be borne by the buyer.

(1) Unless expressly agreed otherwise, we shall determine the appropriate mode of dispatch and the transport company at our reasonable discretion.

(2) Deliveries both within Germany and abroad are always made with the transport company DHL. The respective shipment status can be viewed at www.dhl.de.

(3) We only owe the timely, proper delivery of the goods to the transport company and are not responsible for delays caused by the transport company. A shipping time stated by us is therefore non-binding.

(4) If the customer is a consumer, the risk of accidental destruction, accidental damage or accidental loss of the delivered goods shall pass to the customer at the time the goods are delivered to the customer or the customer is in default of acceptance. In all other cases, the risk shall pass to the customer upon delivery of the goods to the transport company.

(1) We retain title to the goods delivered by us until full payment of the purchase price (including VAT (if applicable) and shipping costs) for the goods in question.

(2) The customer is not entitled to resell the goods delivered by us and still subject to retention of title without our prior written consent.

(1) If the delivered goods have a material defect, the customer may first demand that we remedy the defect or deliver defect-free goods. However, if the customer is an entrepreneur, we may choose between rectification of the defect or delivery of defect-free goods, whereby notification of the defect can only be made by means of a notification in text form (also by e-mail) to the customer within three working days of receipt of the notification of the defect. We may refuse the type of subsequent performance chosen by the customer if this is only possible at disproportionate cost.

(2) If the subsequent performance pursuant to § 7 (1) fails or is unreasonable for the customer or if we refuse the subsequent performance, the customer shall be entitled in each case in accordance with the applicable law to withdraw from the purchase contract, to reduce the purchase price or to claim damages or reimbursement of its futile expenses. The special provisions of § 8 of these General Terms and Conditions shall also apply to the customer's claims for damages.

(3) The warranty period is two years from delivery if the customer is a consumer, otherwise twelve months from delivery.

(4) The following applies only to entrepreneurs: The customer must carefully inspect the goods immediately after delivery. The delivered goods shall be deemed to have been approved by the customer if a defect is not reported to us (i) in the case of obvious defects within five working days after delivery or (ii) otherwise within five working days after discovery of the defect.

(5) All warranty claims of the customer shall expire if the customer has modified the goods or interfered with the goods in any other way. This shall not apply if the customer proves that the intervention or modification was not the cause of the defect.

(1) Our liability for delay in delivery is - except in the case of intent or gross negligence - limited to an amount of 5% of the respective purchase price (including VAT if applicable).

(2) We shall not be liable (irrespective of the legal grounds) for damage which is not typically to be expected in the normal use of the goods. Our liability is also excluded for damages from loss of data if the recovery is not possible or is made more difficult due to missing or insufficient data backup. The above limitations of liability do not apply in the event of intent or gross negligence.

(3) The limitations of this § 8 do not apply to our liability for guaranteed quality features within the meaning of § 444 BGB. § 444 BGB (German Civil Code), for injury to life, body or health or under the Product Liability Act.

Consumers have a thirty-day right of revocation.

Right of withdrawal

You have the right to cancel this contract within thirty days without giving any reason. The revocation period is thirty days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.

For digital content, the withdrawal period is thirty days from the day the contract is concluded.

To exercise your right of withdrawal, you must inform us (ELLIMA, Katharina Hogenkamp, Paul-Robeson-Str. 11, 10439 Berlin, Germany, hello@ellima-atelier.com) by means of a clear declaration (e.g. a letter sent by post or email) of your decision to withdraw from this contract.

To comply with the revocation period, it is sufficient for you to send the notification of the exercise of the right of revocation before the expiry of the revocation period.

Consequences of the revocation

If you withdraw from this contract, we must refund all payments we have received from you, excluding delivery costs, without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return the goods immediately and in any case no later than thirty days from the day on which you notify us of the cancellation of this contract to us. The deadline is met if you send the goods before the expiry of the period of thirty days. You shall bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.

The right of withdrawal does not apply to the following contracts:

Contracts for the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.

The right of withdrawal shall also expire in the case of a contract for the supply of digital content not on a tangible medium if we have commenced performance of the contract after you have expressly consented to us commencing performance of the contract before the expiry of the withdrawal period and have confirmed your knowledge that by consenting you lose your right of withdrawal upon commencement of performance of the contract.

Deviating return costs regulation for Germany

We bear the direct costs of returning the goods if the return takes place within Germany.

Return labels

Without prejudice to your statutory rights, we will provide you with free return labels for your return within Germany. We will send you a link for a return label. You can hand in the return shipment at a parcel shop of the respective provider in Germany.

(1) We may process and store the data relating to the respective purchase contracts insofar as this is necessary for the execution and processing of the purchase contract and for as long as we are obliged to store this data by law.

(2) We reserve the right to transmit personal data of the customer to credit agencies insofar as this is necessary for the purpose of a credit check, provided that the customer expressly agrees to this in the individual case. We will also not otherwise pass on personal customer data to third parties without the customer's expressly declared consent, except insofar as we are legally obliged to hand it over.

(3) We are not permitted to collect, transmit or otherwise process the customer's personal data for purposes other than those specified in this § 1 (Data protection).

(1) The purchase contract existing between us and the customer shall be governed by the law of the Federal Republic of Germany, subject to mandatory international private law provisions, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

(2) For consumers with habitual residence in a state that is neither a member of the European Union nor of the European Economic Area, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods and German consumer protection law. Irrespective of this choice of law, the mandatory consumer protection law of the state in which they have their habitual residence at the time of conclusion of the contract shall always also apply to consumers.

(3) If the customer is a merchant within the meaning of. § (3) If the customer is a merchant within the meaning of Section 1 (1) of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the courts in Berlin shall have exclusive jurisdiction for all disputes arising from or in connection with the relevant contractual relationship. In all other cases, we or the customer may bring an action before any court having jurisdiction on the basis of statutory provisions.

Alternative dispute resolution:

The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/odr.

Alternative Streitbeilegung:

Die Europäische Kommission stellt eine Plattform für die außergerichtliche Online-Streitbeilegung (OS-Plattform) bereit, aufrufbar unter https://ec.europa.eu/odr.