Terms of service
General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
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The following terms and conditions apply to contracts concluded between you and us, the provider (FLEXILOW®), via the website www.elfbar.shopping. Unless otherwise agreed, the inclusion of any terms you may use is expressly rejected.
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A consumer, within the meaning of these terms and conditions, is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession. An entrepreneur is any natural or legal person or a legally responsible partnership that acts in the course of its independent professional or commercial activities when concluding a legal transaction.
§ 2 Conclusion of the Contract
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The subject of the contract is the sale of goods.
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By listing a product on our website, we are making a binding offer to conclude a contract under the terms described in the item description via the online shopping cart system.
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The contract is concluded via the online shopping cart system as follows:
- The goods intended for purchase are placed in the shopping cart. You can review the shopping cart and make changes at any time via the appropriate button in the navigation bar.
- After clicking the "Checkout" or "Proceed to Order" button (or a similarly named button), entering personal information, and selecting payment and shipping methods, you will be shown an order summary with all relevant details.
If you choose an instant payment method (e.g., PayPal, Amazon Pay, Sofort, giropay), you may either be directed to the order summary page on our online store or to the instant payment provider’s website. You will complete the necessary information on the payment provider's site. After returning to our online store or completing the payment, your order summary will be displayed.
Before submitting the order, you have the option to check and modify the order details or cancel the order using the "back" button in your browser.
By submitting the order via the corresponding button ("order with obligation to pay," "buy now," "purchase," "pay now," or a similar label), you legally accept the offer, and the contract is concluded.
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Inquiries for an offer are non-binding. We will provide you with a binding offer in writing (e.g., via email), which you can accept within 5 days (or another period specified in the offer).
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The processing of the order and all related information will be sent via email, in part automatically. You must ensure that the email address provided is correct and that receipt of emails is technically possible and not prevented by SPAM filters.
§ 3 Right of Retention, Retention of Title
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You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.
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The goods remain our property until the full payment of the purchase price.
§ 4 Warranty
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Statutory defect liability rights apply.
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As a consumer, you are requested to check the goods upon delivery for completeness, obvious defects, and transport damage and to report any complaints as soon as possible to us and the carrier. Failure to do so does not affect your statutory warranty rights.
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If a characteristic of the goods deviates from the objective requirements, this deviation is only deemed agreed upon if you were informed about it before submitting your contractual declaration and the deviation was explicitly agreed upon between the contracting parties.
§ 5 Choice of Law, Place of Performance, Jurisdiction
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German law applies. For consumers, this choice of law applies only insofar as it does not deprive them of protection granted by mandatory provisions of the law of the country of their habitual residence.
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The place of performance for all services from the business relationships with us and the place of jurisdiction is our registered office, provided you are not a consumer but a merchant, legal entity under public law, or special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU, or if your residence or habitual place of residence is unknown at the time of filing the lawsuit. The right to invoke another legal jurisdiction remains unaffected.
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The provisions of the UN Convention on Contracts for the International Sale of Goods do not apply.
II. Customer Information
1. Identity of the Seller
Details in accordance with § 5 TMG
Website Operator:
Flexilow / Brandsetter Agency
Neumarkt Galerie
Richmond Str. 6
/Co. Regus
50667 Cologne, Germany
Contact person:
Marco Erbs
+49(0)178/8062163
hello(at)brandsetter.agency
VAT Identification Number according to § 27 a of the German Value Added Tax Act:
DE267582642
Alternative Dispute Resolution:
The European Commission provides a platform for online dispute resolution (ODR), accessible at: https://ec.europa.eu/odr.
2. Information on Contract Conclusion
The technical steps leading to contract conclusion, the contract conclusion itself, and the correction options follow the provisions described in "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 your order through the online shopping cart system, you can print the contract data using the browser’s print function or save it electronically. Once we receive your order, we will send the legally required information and the general terms and conditions by email.
3.3. For requests made outside the online shopping cart system, you will receive all contract data in the form of a binding offer, which you can print or save electronically.
4. Essential Features of the Goods or Services
The essential features of the goods and/or services can be found in the respective offer.
5. Prices and Payment Terms
5.1. The prices listed in the respective offers and the shipping costs represent total prices. They include all price components, including all applicable taxes.
5.2. Shipping costs are not included in the purchase price. They can be viewed via a designated button on our website or in the respective offer, and they are added to the total during the order process unless free shipping is promised.
5.3. Available payment methods are displayed via a designated button on our website or in the respective offer.
5.4. Unless otherwise stated, payment claims from the concluded contract are due immediately.
6. Delivery Terms
6.1. Delivery times are individually agreed upon or indicated at the time of order acceptance. If no time is specified, delivery is approximately 14 days from the contract conclusion. Delivery deadlines and dates are met if the goods leave our warehouse by their due date.
6.2. If you are a consumer, it is legally regulated that the risk of accidental loss or damage to the goods during shipment passes to you upon delivery, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently hired a transport company not named by us.
6.3. Events of force majeure entitle us to postpone deliveries for the duration of the hindrance and a reasonable start-up period.
7. Statutory Warranty Rights
The defect liability is governed by the "Warranty" provisions in our General Terms and Conditions (Part I).