General Terms and Conditions (GTC) of ili elua GmbH
Terms and conditions in the context of contracts concluded via the platform https://www.ilielua.com between ili elua GmbH, Mühlenstraße 8A, 14167 Berlin, +49 (0)3089206122 (Managing Director: Ms. Britt Janina Heinker, Register Court: Amtsgericht Berlin Charlottenburg Register Number: HRB 237916 B, Sales Tax Identification Number according to §27 a, Umsatzsteuergesetz: DE350875350) - hereinafter referred to as "Provider" - and the users of this platform designated in § 2 (2) of these GTC - hereinafter referred to as "Customer".
(1) The following General Terms and Conditions apply exclusively to the business relationship between the Provider and the Customer in the version valid at the time of the order. The offer is directed exclusively to end consumers in the sense of § 13 BGB. Contractual terms and conditions with customers who are not acting as consumers will be communicated separately and upon request.
(2) All agreements concluded between the customer and the supplier regarding the delivery of goods result in particular from these General Terms and Conditions, our written order confirmation and our declaration of acceptance. Conflicting, deviating or supplementary general terms and conditions of the customer are not recognized.
(3) Insofar as the female form is used in the provisions of these General Terms and Conditions, this is merely done for linguistic simplification. The regulations apply equally to male participants.
2 Conclusion of Contract
(1) The customer can select products from the ili elua series from the provider's product range on the www.ilielua.com website. By clicking on the button provided for this purpose, products are placed in the shopping cart.
(2) At any time before placing an order, the Customer has the opportunity to check the product selection and the data provided (e.g. delivery address or payment method) and to change them if necessary. By clicking the "Buy Now" button, the customer makes a binding offer to purchase the products in the shopping cart.
(3) The Provider shall confirm receipt of the order to the Customer electronically without delay. The order confirmation does not constitute an acceptance of the offer by the provider, but merely documents the receipt of the order and its content. The contract is concluded only by the acceptance of the provider transmitted by separate e-mail. The ordered goods or the ordered voucher is not intended for resale. Therefore, only orders in household quantities are accepted.
(4) In the declaration of acceptance or in a separate e-mail, but no later than upon delivery of the goods, the text of the contract (consisting of order confirmation, order, tracking number of the goods, invoice, link to GTC) will be sent by us to the customer on a durable medium and in printable form. Separately to the declaration of acceptance, the customer receives another e-mail when the goods are shipped.
(5) All information provided by the customer in the order process must be current and truthful. The customer password may not be disclosed to third parties and must be kept inaccessible to unauthorized persons. Any loss or disclosure must be reported to the Provider in text form without delay. The customer is liable for misuse, for example when ordering with your customer password by third parties according to the legal provisions.
(6) The contract is concluded in the languages: German.
(7) The legal right of withdrawal applies. The provider refers the customer in this respect to the below, after the end of the GTC located instruction on the statutory right of withdrawal for consumers.
3 Electronic Communication
(1) The customer agrees that the contract-related communication can take place in electronic form.
(2) Order processing and contacting usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address she has provided for order processing is functional so that the e-mails sent by the provider can be received at this e-mail address. In particular, when using SPAM filters, the Customer must ensure that all e-mails sent by the Provider or by third parties commissioned by the Provider to process the order can be delivered.
(3) Registration with ili elua GmbH via Facebook is only permissible if you use your correct first and last name on Facebook as well as complete and accurate contact data for the purpose of order processing or communicate this to ili elua GmbH in text form immediately after completing the registration.
4 Availability of goods, delivery, prices, payment modalities
(1) The pictorial representations and descriptions used in the web store are non-binding unless they are expressly designated as binding. Minor deviations from the same shall not be detrimental to the fulfillment of the contract unless they are unreasonable.
(2) If the product designated by the Customer in the order is only temporarily unavailable, the Supplier shall also notify the Customer of this without delay. In the event of a delay in delivery of more than two weeks, the customer has the right to withdraw from the contract. In this case, the supplier is also entitled to withdraw from the contract. In this case, he will immediately refund any payments already made by the customer. The statutory right of withdrawal to which the Customer is entitled remains unaffected.
(3) Delivery times are calculated from the time the goods leave the warehouse and require prior payment of the purchase price. The following delivery restrictions apply: The Provider shall only deliver to Customers who can provide a delivery address within the delivery area shown on the Website.
(4) The Customer can make the payment via PayPal, Klarna, Shop Pay, Google and Apple Pay, prepayment via bank transfer or credit card (Mastercard, Visa).
(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 (next order/debit), the customer is already in default by missing the deadline.
(6) The Customer is only entitled to offset if counterclaims have been legally established, recognized by the Provider or are undisputed.
5 Contract term and termination modalities
(1) In the case of contractual relationships with a fixed term or concerning a fixed number of agreed deliveries, the contract shall end upon expiry of the term or upon delivery of the agreed deliveries. A separate notice of termination is not required in these cases. An automatic renewal of the contract is excluded.
6 Retention of title
(1) Until full payment of the purchase price ordered or delivered products remain the property of the provider.
7 Prices and shipping costs
(1) All prices stated on the website of the Provider are inclusive of the applicable statutory value-added tax and, unless otherwise agreed, exclusive of the stated shipping costs. The shipping costs depend on the delivery area.
8 Delivery and non-acceptance
(1) The Provider regularly ships the goods after receipt of the Customer's payment. The delivery time is 1 to 4 working days in Germany and 3 to 7 working days abroad. The delivery times apply from the moment the order has left the shipping warehouse.
(2) The Provider delivers only to addresses capable of delivery service within the delivery area indicated on the Website. If the purchase contract refers to a voucher, the delivery will be made by e-mail.
(3) The Provider shall deliver to the delivery address specified by the Customer when placing the order.
(4) The Customer undertakes to ensure that the personal handover of the goods at the delivery address specified by her is possible at the delivery time specified by her. Should the shipment not be accepted, not be picked up, or be resent to us due to an address error for which the customer is responsible, the customer shall bear the costs of further delivery attempts if these are requested by the customer.
(5) Operational disruptions - both in the Supplier's business and in that of a supplier or service provider - such as Covid, strike, lockout and all other cases of force majeure shall only entitle the Customer to terminate the contract if the Customer cannot reasonably be expected to wait any longer, otherwise the delivery period shall be extended by the duration of the delay.
(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 the provider, his legal representatives or vicarious agents. Material contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In the event of a breach of material contractual obligations, the Provider shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless the Customer's claims for damages are based on injury to life, body or health. Liability for damage caused by the delivery item to the customer's legal assets, e.g. damage to other property, is however completely excluded.
(3) The restrictions of paragraphs 1 and 2 shall also apply in favor of the legal representatives and vicarious agents of the Supplier if claims are asserted directly against them.
(4) The provisions of the Product Liability Act shall remain unaffected.
(5) If the customer is an entrepreneur, the liability of ili elua GmbH is limited to the contract-typical, foreseeable damage, even in cases of gross negligence, if damage is caused by the delivery item to the customer's legal assets, e.g. other property, and due to injury to life, body or health.
(6) In all cases of improper use of the services offered, the Customer undertakes to hold the Provider harmless. In any case, the provider reserves the right to block user accounts without notice as soon as there is an indication of improper or abusive use. Furthermore, the Customer shall indemnify the Provider against all claims asserted by third parties against the Provider for reasons attributable to the Customer.
10 Warranty for material defects, guarantee
(1) The Provider shall be liable for material defects in accordance with the applicable statutory provisions.
(2) An additional warranty exists for the goods delivered by the provider only if this was expressly stated in the order confirmation for the respective article.
11 Notes on data processing
(1) The provider collects data of the customer in the context of the processing of contracts. In particular, he observes the provisions of the Federal Data Protection Act and the Telemedia Act. Without the customer's consent, the provider will only collect, process or use the customer's inventory and usage data to the extent that this is necessary for the processing of the contractual relationship and for the use and billing of telemedia.
(2) Without the consent of the customer, the provider will not use the customer's data for purposes of advertising, market research or opinion polling. All further details are regulated in our data protection agreement, which is permanently available here.
12 Dispute resolution for consumers
(1) The European Commission maintains a platform for online dispute resolution (OS) with further information, which is available on the Internet at the link (https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=DE).
(2) Notwithstanding the foregoing, the Provider shall not participate in any dispute resolution proceedings before a consumer arbitration body within the meaning of the Consumer Dispute Resolution Act.
13 Final Provisions
(1) Contracts between the Provider and the Customer shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods and international private law.
(2) The remaining parts of the contract shall remain binding even if individual points are legally invalid. The invalid points shall be replaced by the statutory provisions, if any. However, if this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.
(3) The Provider reserves the right to amend these General Terms and Conditions for objective reasons (e.g. due to changes in the legal situation or the Provider's own offer, technical developments, etc.). This applies in particular if new offers from ili elua GmbH require new regulations. The changed GTC will be sent to the customer in advance by e-mail. If the customer does not object to the amended GTC within six weeks, they are considered accepted. In the event of an objection, ili elua GmbH may terminate the contract with the customer. ili elua GmbH will point out these legal consequences separately in the e-mail with the amended GTC.