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General Terms and Conditions (GTC)

GTC of Elfenfunke

1. Area of application

The following General Terms and Conditions (GTC) apply to all orders placed via our website. The offer on this website is directed to consumers worldwide (hereinafter referred to as "customer").

A consumer is a natural person who has a business relationship with Elfenfunke that is neither commercial nor self-employed. Orders in quantities that are not usual for a household can be rejected without justification.

Elfenfunke reserves the right to change these GTC at any time. The version of these GTC valid at the time of the order is decisive and cannot be changed unilaterally for this order. Conflicting or deviating terms and conditions of the customer will not be accepted.

The operator of this website is Elfenfunke (www.elfenfunke-shop.com/imprint).

 

2. Information on this website

Elfenfunke contains information about products and services. Price and assortment changes as well as technical changes are reserved. All information on (product descriptions, images, illustrations, films, dimensions, weights, technical specifications, accessory relationships and other information) are for illustrative purposes and are to be understood as approximate values and are not binding. In particular, they do not represent any assurance of properties or guarantees, unless explicitly stated otherwise. Elfenfunke makes every effort to ensure that all details and information on this website are correct, complete, up-to-date and clearly arranged, but Elfenfunke can neither explicitly nor implicitly guarantee this.

All offers on this website are subject to change and are not to be understood as a binding offer.

Elfenfunke cannot guarantee that the products listed will be available at the time the order is placed. Therefore, all information about availability and delivery times are without guarantee and can change at any time and without notice.

 

3. Prices

The sales prices stated on Elfenfunke are final prices and include, if not stated otherwise, the legal value added tax and possible further legal charges such as advanced recycling fees (VRG) or copyright fees for electronic devices. Prices are quoted net in US-Dollars (USD).

Shipping costs, if any, will be charged additionally and are to be paid by the customer. Shipping costs are shown separately in the order process.

Elfenfunke reserves the right to make technical changes, errors and misprints. In particular, Elfenfunke may change prices at any time and without prior notice. Consulting and support services are not included in the sales prices.

 

4. Conclusion of contract

The products and prices on this website are non-binding offers.

By placing an order via this website including the acceptance of these GTC, the customer submits a legally binding offer to conclude a contract. Elfenfunke then sends an automatic order confirmation by email, which confirms that the offer of the customer has been received by Elfenfunke. Placed orders are binding for the customer. Unless otherwise stated, there is no right of return or withdrawal.

The contract is concluded as soon as Elfenfunke sends a declaration of acceptance by email, in which the dispatch of the ordered products or services is confirmed.

Orders will only be shipped after full payment has been received (exception: delivery against invoice) and if the goods are available. If it turns out that the ordered goods cannot be delivered or cannot be delivered completely, Elfenfunke is entitled to not or only partially accept or execute the order. In such a case Elfenfunke will inform the customer by email. If the customer's payment has already been received by Elfenfunke, the payment will be refunded to the customer. If no payment has been made yet, the customer will be released from the payment obligation.

 

5. Payment options and retention of title

The customer can choose from the payment options stated in the order process.

Elfenfunke reserves the right to exclude customers from individual payment options without giving reasons or to insist on prepayment.

Elfenfunke is entitled to charge default interest of 5% per year and a reminder fee of maximum USD 20.- per reminder if the customer is in default of payment.

The products delivered to the customer remain the property of Elfenfunke until full payment.

 

6. Delivery, obligation to check, notice of defects and return

Deliveries are sent by mail or courier service to the address indicated by the customer in the order.

Elfenfunke tries to keep delivery times as short as possible. However, any delivery periods stated in the order confirmation are non-binding. Elfenfunke is entitled to make partial deliveries. In this case the shipping costs will be charged to the customer only once.

The dispatch of the invoice, as far as delivery against invoice is offered, is carried out by e-mail or by post, at Elfenfunke's choice.

If the delivery cannot be delivered or if the customer refuses the acceptance of the delivery, Elfenfunke can cancel the contract after a notification by email to the customer and under observance of a reasonable period of grace as well as charge the costs for the handling.

The customer is obliged to check the delivered goods immediately after receipt of the delivery and to notify Elfenfunke immediately in writing by letter or email to the address in the imprint (www.elfenfunke-shop.com/imprint) of any defects for which Elfenfunke is liable.

Returns to Elfenfunke are at the expense and risk of the customer. The customer has to send the goods in their original packaging, complete with all accessories and together with the delivery bill and a detailed description of the defects to the return address given by Elfenfunke imprint (www.elfenfunke-shop.com/imprint).

If the inspection by Elfenfunke shows that the goods do not have any detectable defects or that the goods are not covered by the manufacturer's warranty, Elfenfunke can charge the customer for the efforts, the return shipment or the possible disposal.

 

7. Right of withdrawal

There is basically no right of withdrawal for digital products. 

Physical products: The customer is granted a right of withdrawal for 14 calendar days after receipt of the goods. The deadline is considered to be met if the customer sends the written revocation by email or letter (address according to imprint, www.elfenfunke-shop.com/imprint) to Elfenfunke within the deadline. The revocation does not require any justification.

The exercise of the right of revocation leads to a reversal of the contract. The customer must return the goods within 14 calendar days in their original packaging, complete with all accessories and together with the delivery bill to the return address specified by Elfenfunke in the imprint (www.elfenfunke-shop.com/imprint). Returns to Elfenfunke are on account and risk of the customer. Any payment already made will be refunded to the customer within 20 calendar days, provided Elfenfunke has already received the goods back or the customer can provide proof of dispatch.

Elfenfunke reserves the right to claim reasonable compensation for damages, excessive wear and tear or loss of value due to improper handling and to deduct the reduction in value from the purchase price already paid or to invoice the customer.

No right of cancellation is granted in the following cases:

(i) If the contract has an element of chance, namely because the price is subject to fluctuations over which the supplier has no control;

(ii) If the subject of the contract is a movable item which, due to its nature, is not suitable for return or may spoil quickly;

(iii) If the subject of the contract is a movable item that is manufactured according to the customer's specifications or clearly tailored to personal needs;

(iv) If the subject matter of the contract is digital content and this content is not provided on a fixed data carrier or if the contract is to be performed in full by both contracting parties immediately;

(v) If the subject matter of the contract is a service and the contract is to be performed in full by the provider with the prior express consent of the customer before the withdrawal period has expired.  

(vi) In the areas of accommodation, transportation, delivery of food and beverages, and recreation, if the provider undertakes at the conclusion of the contract to provide the services at a specific time or within a specified period.

 

8. Warranty

Elfenfunke endeavors to deliver goods in perfect quality. In case of defects notified in time, Elfenfunke warrants the goods purchased by the customer to be free of defects and to be in working order during the statutory warranty period of generally two years from the date of delivery. It is at Elfenfunke's discretion to provide the warranty by free repair, equivalent replacement or by refund of the purchase price. Further warranty rights are excluded.

Normal wear and tear as well as the consequences of improper handling or damage by the customer or third parties as well as defects caused by external circumstances are not covered by the warranty. Likewise, the warranty for consumable and wear parts (e.g. batteries, accumulators, etc.) is excluded.

Elfenfunke is not able to give assurances or guarantees for the actuality, completeness and correctness of the data as well as for the permanent or undisturbed availability of the website, its functionalities, integrated hyperlinks and further contents. In particular, it is neither assured nor guaranteed that the use of the website does not violate the rights of third parties not owned by Elfenfunke.

 

9. Liability

Elfenfunke excludes any liability, regardless of its legal basis, as well as claims for damages against Elfenfunke and against any auxiliary persons and vicarious agents. Elfenfunke is especially not liable for indirect damages and consequential harm caused by a defect, loss of profit or other personal injuries, material damages and pure financial losses of the customer. Any further mandatory legal liability, for example for gross negligence or unlawful intent, remains reserved.

Elfenfunke uses hyperlinks only for the simplified access of the customer to other web offers. Elfenfunke can neither know the content of these web offers in detail, nor assume liability or other responsibility for the content of these websites.

 

10. Data protection and privacy

Elfenfunke is allowed to process and use the data recorded in the course of the conclusion of the contract for the fulfillment of the obligations resulting from the purchase contract as well as for marketing purposes. The data necessary for the fulfillment of the service can also be passed on to commissioned service partners (logistics partners) or other third parties.

The privacy policy is available in detail at the following link: (www.elfenfunke-shop.com/privacy)

 

11. Partial invalidity

Should individual provisions of these GTC prove to be invalid or unenforceable or become invalid or unenforceable, this shall not affect the validity of the remaining provisions.

 

12. Further provisions

Elfenfunke expressly reserves the right to change these GTC at any time and to put them into effect without notice.

In case of disputes, exclusively substantive Swiss law shall apply, excluding conflict of laws rules. The UN Convention on Contracts for the International Sale of Goods (CISG, Vienna Sales Convention) is explicitly excluded.

Place of jurisdiction is 6048 Horw, Switzerland.

 

Contact

If you have any questions about these terms and conditions, please contact: www.elfenfunke-shop.com/contact

 

(Version 22. September 2022)

 

Refund policy

What you need to know

There is basically no right of withdrawal for digital products. 

Physical products: The customer is granted a right of withdrawal for 14 calendar days after receipt of the goods. The deadline is considered to be met if the customer sends the written revocation by email or letter (address according to imprint, www.elfenfunke-shop.com/imprint) to Elfenfunke within the deadline. The revocation does not require any justification.

The exercise of the right of revocation leads to a reversal of the contract. The customer must return the goods within 14 calendar days in their original packaging, complete with all accessories and together with the delivery bill to the return address specified by Elfenfunke in the imprint (www.elfenfunke-shop.com/imprint). Returns to Elfenfunke are on account and risk of the customer. Any payment already made will be refunded to the customer within 20 calendar days, provided Elfenfunke has already received the goods back or the customer can provide proof of dispatch.

Elfenfunke reserves the right to claim reasonable compensation for damages, excessive wear and tear or loss of value due to improper handling and to deduct the reduction in value from the purchase price already paid or to invoice the customer.

No right of cancellation is granted in the following cases:

(i) If the contract has an element of chance, namely because the price is subject to fluctuations over which the supplier has no control;

(ii) If the subject of the contract is a movable item which, due to its nature, is not suitable for return or may spoil quickly;

(iii) If the subject of the contract is a movable item that is manufactured according to the customer's specifications or clearly tailored to personal needs;

(iv) If the subject matter of the contract is digital content and this content is not provided on a fixed data carrier or if the contract is to be performed in full by both contracting parties immediately;

(v) If the subject matter of the contract is a service and the contract is to be performed in full by the provider with the prior express consent of the customer before the withdrawal period has expired.  

(vi) In the areas of accommodation, transportation, delivery of food and beverages, and recreation, if the provider undertakes at the conclusion of the contract to provide the services at a specific time or within a specified period.