Terms of service

General Terms and Conditions

 

Scope of Applicability 

These General Terms and Conditions (GTC) shall apply to all deliveries by Éléphisse e.K. (hereinafter “Éléphisse”) to companies and consumers. The term “consumer” shall refer to all natural persons who effect a transaction primarily for a purpose that cannot be attributed to either their commercial or independent professional activities. By placing an order with Éléphisse, you agree that these terms of sale will be applied to your order.

 

Contracting Party

The purchase agreement is concluded with Éléphisse e.K., represented by Steeve Burkhalter, with registered offices in:

Schillerstr. 91,

71336 Waiblingen

Germany

 

Conclusion of a Purchase Agreement

The presentation of the products in the online shop is not a legally binding offer, but rather an invitation to place an order. By clicking the buttons [Buy it now/Confirm purchase], you are placing a binding order for the goods listed on the order page. Your purchase agreement is concluded when we accept your order by sending an order confirmation by e-mail directly after the receipt of your order. If your order is dispatched in more than one parcel, you may receive a separate shipping confirmation for each parcel. In this case, a separate purchase agreement shall be concluded between us for the products listed in each individual shipping confirmation. 

Éléphisse does not offer products for sale to minors. Our products can only be purchased by adults. If you are under the age of 18, you may only place orders through our online portal with the consent of a parent or guardian.

 

Right of Cancellation

If the Buyer is not acting in a commercial capacity, they are entitled to a right of cancellation in accordance with the legal provisions. If they exercise their consumer’s right of cancellation, they must cover the costs of returning the goods.

Cancellation Instructions



Right of Cancellation and Cancellation Deadline

The Buyer has the right to cancel this agreement within fourteen days without providing any reasons.

The cancellation period is fourteen days from the day on which the buyer or a third party named by you, but who is not the carrier, has taken possession of the goods.


In order for the Buyer to exercise their right of cancellation, they must make a clear declaration (e.g. by letter or e-mail) to Éléphisse of their decision to revoke this agreement.

To comply with the cancellation deadline, you simply need to notify Éléphisse before the deadline expires that you intend to exercise your right of cancellation.

 

Cancellation Policy

Should the Buyer cancel this agreement, Éléphisse shall promptly return to the Buyer all payments (including standard shipping costs, but not the additional costs of express shipping) that Éléphisse has received from the Buyer no later than fourteen days after the day Éléphisse received notification of the cancellation of this agreement. For this repayment, Éléphisse will use the same means of payment that the Buyer used in the original transaction, unless a different arrangement has been expressly agreed with the Buyer. Éléphisse may refuse repayment until the goods have been returned or until the Buyer has provided proof that the goods have been sent back.

The Buyer shall send back or deliver the goods to Éléphisse, or to the person authorised by Éléphisse to receive the goods, without delay and in any case no later than fourteen days after the day when the Buyer has notified Éléphisse of the cancellation of this agreement. The deadline is met if the buyer dispatches the goods before expiry of the fourteen-day period.

The Buyer shall bear the costs of returning the goods.

The Buyer shall only be liable for any loss in value of the goods if such loss in value is attributable to a handling of the goods by the Buyer that is unnecessary for the purpose of inspecting the quality, characteristics and functioning of the goods.

The right of cancellation is excluded for purchases made in the commercial sector (delivery by Éléphisse to companies).

If goods are returned for a reason other than a defect, e.g. if the goods are not to the customer’s liking, Éléphisse is entitled to issue a voucher instead of refunding the purchase price.

 

Prices and Shipping Costs

The prices stated on the product pages include value-added tax and other price components.  In addition to the prices shown, we charge a flat rate for. The shipping costs are clearly indicated on the product pages, in the shopping basket view and on the order page. 

Invoices to companies in other EU countries are issued without VAT according to section 13b of the German VAT Act and the invoice shall note the reversal of the tax liability in accordance with section 13b (2) no. 7 in conjunction with (5).

Import duties and other taxes may apply for deliveries outside the EU. These additional costs shall be borne exclusively by the buyer.

 

Delivery Time

The delivery time is 2-3 days. For international orders, the delivery time can be 5-10 days.

 

Transport Risk

If the Buyer is a commercial business, the transport risk for all shipping agreements becomes the responsibility of the commercial Buyer in accordance with section 447 of the German Civil Code (BGB) as soon as the online retailer, Éléphisse, has delivered the goods to the forwarding company.

 

Payment conditions

  • Payment can be made using one of the methods mentioned in the Seller’s online shop.
  • If prepayment by bank transfer has been agreed upon, payment is due immediately after conclusion of the contract, unless the parties have arranged a later maturity date
  • Credit card payment via Stripe. When selecting the payment method credit card, the invoice amount is due immediately upon conclusion of the contract. Payment by credit card is processed in cooperation with Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as “Stripe”). Stripe reserves the right to carry out a credit assessment and to refuse this payment method if the credit check is negative.
  • When choosing a payment method offered via the payment service "Shopify Payments", payment will be processed via the payment service provider Shopify International Limited, Victoria Buildings, 2nd floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland (hereinafter referred to as "Shopify"). The individual payment methods offered via Shopify are communicated to the Client in the Seller's online shop. Shopify may use other payment services to process payments, which may be subject to special payment terms, to which the Client customer is separately referred. Further information on "Shopify Payments" can be found at https://www.shopify.com/payments.
  • If a payment method offered via the payment service "PayPal" is selected, the payment shall be processed via PayPal, whereby PayPal may also use the services of third-party payment service providers for this purpose. If the seller also offers payment methods via PayPal that involve advance payments to the client (e.g., purchase on account or payment by instalments), he shall assign his payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the client. Before accepting the seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal shall carry out a credit check using the transmitted client data. The seller reserves the right to refuse the client the selected payment method in the event of a negative check result. If the selected payment method is approved, the client must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, he can only make payment to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the case of assignment of claims, the seller remains responsible for general customer enquiries, e.g., about the goods, delivery time, dispatch, returns, complaints, cancellation declarations and deliveries or credit notes.

 

Retention of Title

The goods remain our property until full payment has been made.

 

Limitation

If the Buyer is a commercial business, the limitation period for claims made by the commercial Buyer against the Seller, i.e. Éléphisse, arising from the contractual relationship shall be reduced from 3 years to 1 year.

 

Applicable Law

This Agreement is governed by German law and excludes the provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict of laws provisions.

 

Amendments to the Terms and Conditions

We reserve the right to make changes at any time to our website and to these general conditions of sale. Your order will be subject to the terms and conditions of sale, contract terms and general conditions in force at the time of your order, unless a change to these terms and conditions is required by law or government order.  If any provision of these terms and conditions of sale is invalid or null and void, that provision shall not affect the validity and enforceability of the remaining provisions.

 

Legal Venue

The legal venue for commercial Buyers shall be the court responsible for the registered office of the Éléphisseonline shop operator in Stuttgart.

 

Alternative dispute resolution

  • The EU Commission provides on its website the following link to the ODR platform: https://ec.europa.eu/consumers/odr This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.
  • The Seller is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.