General Terms And Conditions

machine translated from the German original

Part A = Consumers
Part B = Companies, self-employed persons and public institutions

A. General terms and conditions of elotronics GmbH for consumers (private customers)

§ 1 General, scope of the terms and conditions

(1) The following terms and conditions apply to contracts with consumers that you (hereinafter also referred to as "buyer") conclude with elotronics GmbH, Hagenaustr. 17, 85410 Haag as a provider (hereinafter referred to as "we" or "seller") via the trading platform www.elotronics.com.
(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that can predominantly not be attributed to their commercial or independent professional activity.
(3) Deviating terms and conditions are not valid unless we expressly acknowledge them in writing. They do not become part of the contract even if we do not expressly object to them.

§ 2 Conclusion of the contract

(1) Our product offers do not represent legally binding offers to conclude a purchase contract, but a non-binding online catalog. You can submit your purchase offer via the ordering system integrated in our online shop. By clicking the order button you place a binding order for the goods in your shopping cart.
(2) After we receive your binding order, you will immediately receive an order confirmation from us by email, in which we document receipt of your order. This confirmation of receipt does not constitute acceptance of the contract.
(3) The contract is concluded when we accept the order. This acceptance of the contract occurs at the latest when the goods are delivered. Acceptance can also be made by an order confirmation or a notification of the dispatch of the ordered goods by means of a separate email to you. The time of conclusion of the contract is determined by the receipt of the respective declaration by you.
(4) We use the personal data and information that you make available to us to process orders, deliver goods and process payments. The goods you have ordered are delivered by a transport company commissioned by us. For this purpose, we can send your email address and/or telephone number to this transport company so that the transport company can, if necessary, provide you with information about the status of your shipments, the delivery modalities and a specific delivery date by email or telephone.

§ 3 Contract language and storage of the contract text

(1) The contract language is German.
(2) We save the contract text and send you the order data by email. You can view the General Terms and Conditions at any time at www.elotronics.com. You can view your previous orders in the "Order History" area if you have registered as a customer and logged in to the website with your access data. For previous guest orders that were made without registration, you CANNOT access your previous orders via www.elotronics.com.

§ 4 Right of withdrawal and cancellation policy

Consumers have the following right of withdrawal:

Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.

The cancellation period is fourteen days from the day on which you or a third party other than the carrier designated by you,

- have taken possession of the goods, provided that you have ordered one or more goods as part of a single order and these are delivered as a single item;
- have taken possession of the last item, provided that you have ordered several items as part of a single order and these are delivered separately;
- the last partial shipment or the last item in have taken possession of the goods, if you have ordered goods that are delivered in several partial deliveries or pieces;
- have taken possession of the first goods, if goods are delivered as part of an order for the regular delivery of goods over a specified period of time.

To exercise your right of withdrawal, you must inform us (elotronics GmbH, Hagenaustr. 17, 85410 Haag, Tel.: +49 8167 31408-0, Fax: +49 8167 314 08-99, E-Mail: support@elotronics.com) by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample withdrawal form for this purpose, but this is not mandatory.
To safeguard the Cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.

Consequences of cancellation

If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. 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 earlier.

You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period. You will bear the direct cost of returning the goods. You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.

Note on non-existence of the right of withdrawal

The right of withdrawal does not apply to the following contracts

- Contracts for the delivery of goods which are not prefabricated and for whose production an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
- Contracts for the delivery of goods which can spoil quickly or whose expiration date would be quickly exceeded,
- Contracts for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal was removed after delivery,
- Contracts for the delivery of goods if, after delivery, they were inseparably mixed with other goods due to their nature,
- Contracts for the delivery of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery,
- contracts where the consumer has explicitly requested the trader to visit him to carry out urgent repairs or maintenance; this does not apply to other services provided during the visit that the consumer has not expressly requested, or to goods supplied during the visit that are not necessarily required as spare parts for maintenance or repair.

Sample cancellation form

(If you want to cancel the contract, please fill out this form and send it back.)

- To elotronics GmbH, Hagenaustraße 17, 85410 Haag an der Amper, email address: support@elotronics.com :

- I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/
the provision of the following service (*)

- Ordered on (*)/received on (*)

- Name of the consumer(s)

- Address of the consumer(s) Consumer(s)

- Signature of the consumer(s) (only if notification is on paper)

- Date

(*) Delete as appropriate.

§ 5 Delivery and shipping costs

(1) We deliver within Germany and to the countries listed on our platform under "Shipping information".
(2) The shipping costs are generally not included in the product price. Information can be found on the "Shipping information" page. The amount of the shipping costs can also be found in the respective item description.
(3) We endeavour to deliver as quickly as possible. The goods will be dispatched within 1-3 working days after order confirmation, unless otherwise stated in individual cases.
(4) If part of the order cannot be delivered immediately because we were not delivered on time through no fault of our own, the remaining goods will be delivered without recalculating the flat rate shipping fee, provided this is reasonable for you.
(5) Products for which a surcharge is to be charged as bulky goods will only be delivered to the curb.

§ 6 Prices and payment terms

(1) If you are ordering as a consumer, the prices listed in the respective offers represent total prices in euros plus shipping costs. They include all price components except shipping costs, including all applicable taxes, in particular statutory VAT (gross end consumer prices).
(2) If you have chosen PayPal, credit card, Google Pay or Apple Pay as your payment method, you will be automatically redirected to the PayPal payment form after submitting your order. There you will be asked to log in if you already have a PayPal account. If you do not yet have one, you must click on "Open PayPal account" and follow the further instructions.
(3) If you pay by bank transfer / advance payment, you will receive / be shown account details in the confirmation email and on the confirmation page of your order. Please transfer the total amount within 7 days. The goods will be dispatched accordingly after receipt of payment. If we do not receive payment within 7 days, we will release the ordered and reserved goods for general sale. Please note that in such cases we reserve the right to make an interim sale, which may require the goods to be re-purchased and the delivery time may be extended in line with the re-purchase time.

§ 7 Retention of title

We retain title to these goods until the goods delivered have been paid for in full.

§ 8 Warranty

(1) The statutory liability for defects applies to the delivery of new goods.
(2) When purchasing used goods (or "demonstration goods" or marked as "refurbished"), the warranty period is limited to 1 year from the time of delivery. The above restrictions do not apply in the case of intentional or grossly negligent breaches of contract or fraudulent intent, nor in the case of culpable damage to life, health or body, or within the scope of a quality and/or durability guarantee, insofar as we have given such a guarantee with regard to the goods delivered, or insofar as the scope of application of the Product Liability Act is open.

§ 9 Manufacturer guarantees

If manufacturers of the products you have purchased offer a manufacturer guarantee, this only obliges the manufacturers and not us, unless we have expressly given you a guarantee.

§ 10 Data backup

Please note the following before returning or handing over devices with storage media (e.g. hard drives, USB sticks, cell phones, etc.):

You are generally responsible for backing up your data yourself. Please make appropriate backup copies or delete any personal data contained therein. This is particularly important if personal data of third parties is stored.

If deletion is not possible due to a defect, we ask you to expressly inform us of the existence of personal data. Please note this clearly on the return slip.

§ 11 Liability

(1) We are only liable for damages, regardless of the legal basis, in the event of intent or gross negligence.
(2) We are also liable for the negligent breach of essential contractual obligations (cardinal obligations), i.e. those obligations whose breach endangers the achievement of the purpose of the contract and on whose compliance a contractual partner (you) can regularly rely. In the event of negligent breach of cardinal obligations, however, we are only liable for the damage that was foreseeable at the time the contract was concluded and is typical for the contract. An exclusion or limitation of our liability also applies to the personal liability of legal representatives, employees and other vicarious agents.
(3) The above limitations of liability according to paragraph 1 and paragraph 2 do not apply in the event of injury to life, body or health, fraudulent intent, lack of a guaranteed property or assumption of a guarantee. Liability under the Product Liability Act also remains unaffected.
(4) Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times given the current state of technology. In this respect, we are not liable for the constant or uninterrupted availability of the website and the services offered there.
(5) We are not liable for damage caused by improper handling and/or operation and/or connection of the products purchased, including or especially due to a lack of specialist knowledge.

§ 12 Data protection

All personal data is treated as strictly confidential. We use your personal data to establish a contractual relationship with you. to establish, design, change or terminate the content in order to fulfil our contractual obligations, to optimally process the order, to deliver the goods, to provide services and to process the payment. For this purpose, we pass on your data to commissioned service providers and, if applicable, to affiliated companies.

For the purpose of payment processing, the data required for this is stored both on our server and on the servers of the companies commissioned by us to process the payment.

§ 13 Notes on battery disposal

In connection with the sale of batteries or rechargeable batteries or with the delivery of devices that contain batteries or rechargeable batteries, we are obliged to inform you of the following in accordance with the Battery Act: As an end user, you are legally obliged to return used batteries. You can return used batteries to our shipping address free of charge.

The symbols shown on the batteries have the following meaning:
Symbol with a crossed-out garbage can = Battery must not be disposed of in household waste
Pb = Battery contains more than 0.004 percent lead by weight
Cd = Battery contains more than 0.002 percent cadmium by weight
Hg = Battery contains more than 0.0005 percent mercury by weight
§ 14 Alternative dispute resolution in accordance with Art. 14 Paragraph 1 ODR-VO and § 36 VSBG

The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr/. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

§ 15 Final provisions

(1) German law applies, excluding the UN Convention on Contracts for the International Sale of Goods, insofar as this does not deprive you of the protection afforded by mandatory provisions of the law of the state in which you are habitually resident (favorability principle).
(2) The place of performance for all services arising from the business relationship with you is 85410 Haag.
(3) The exclusive place of jurisdiction is Freising if you are a merchant within the meaning of the German Commercial Code, a corporation under public law or a special fund under public law.
(4) If one or more provisions of these General Terms and Conditions are invalid, the remaining contractual provisions shall remain valid.

B. General Terms and Conditions of Elotronics GmbH for entrepreneurs (business customers)

§ 1 General, scope of the General Terms and Conditions

(1) The following terms and conditions apply to contracts with entrepreneurs or legal entities under public law that you (hereinafter also referred to as "buyer") conclude with Elotronics GmbH, Hagenaustr. 17, 85410 Haag as the provider (hereinafter referred to as "we" or "seller") via the steckerteufel.de trading platform. They also apply to all future deliveries, services or offers to you, even if they are not separately agreed again.
(2) An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity. A partnership with legal capacity is a partnership that is endowed with the ability to acquire rights and incur liabilities.
(3) A legal entity under public law is a legally independent association of persons or a special purpose fund with legal independence. Legal entities under public law include, in particular, corporations, institutions and foundations under public law.
(4) Deviating terms and conditions are not valid unless we expressly acknowledge them in writing. They do not become part of the contract even if we do not expressly object to them. The exclusion of validity also applies in the event that we accept and execute your order without reservation despite knowing that your conditions are different.

§ 2 Formation of the contract

(1) Our product offers do not represent legally binding offers to conclude a purchase contract, but a non-binding online catalog (invitatio ad offerendum). You can submit your purchase offer via the ordering system integrated in our online shop. By clicking the order button in our online shop, you place a binding order for the goods that are in your shopping cart.
(2) After receiving your binding order, you will immediately receive an order confirmation from us by email in which we document the receipt of your order. This confirmation of receipt does not constitute acceptance of the contract.
(3) The contract is concluded when we accept the order. You waive on receipt of a declaration of acceptance in accordance with Section 151 Sentence 1 of the German Civil Code (BGB). Acceptance of the contract takes place at the latest with the delivery of the goods. Acceptance can also be made by an order confirmation or a notification of the dispatch of the ordered goods by separate e-mail to you. The time of conclusion of the contract is decisive for the time of conclusion of the contract.
(4) Even after conclusion of the contract, we are entitled to levy price surcharges at our reasonable discretion if calculation components of the price have changed between your order and delivery; in addition to fees of all kinds, this includes public charges, taxes and customs duties, freight surcharges, price increases by our suppliers and the like. If the above-mentioned conditions that lead to an increased price calculation for us are met, the increased price is deemed to have been agreed. If the calculation components have changed in such a way that this leads to a price surcharge for the affected items of more than 5%, both we and you are entitled to withdraw from the contract with regard to the products concerned (partial withdrawal). With the announcement of corresponding price changes, all previously mentioned prices lose their validity.
(5) The data and information you provide to us are used by us to process orders, deliver goods and process payments. The goods you order are delivered by a transport company commissioned by us. For this purpose, we can send this transport company your email address so that the transport company can, if necessary, send you information about the status of your shipments, the delivery modalities and a specific delivery date by email.

§ 3 Contract language and storage of the contract text

(1) The contract language is German.
(2) We save the contract text and send you the order data by email. You can view the terms and conditions at any time on steckerteufel.de. You can view your previous orders as a registered user in the "Order history" area.

§ 4 Delivery and shipping costs

(1) We deliver within Germany and to the countries listed on our platform under "Shipping information".
(2) The shipping costs are generally not included in the product price. Information can be found on the "Shipping information" page. The amount of the shipping costs can also be found in the respective item description.
(3) We endeavor to deliver as quickly as possible. The goods will be dispatched within 1-3 working days after order confirmation, unless otherwise stated in individual cases.
(4) If part of the order cannot be delivered immediately because we ourselves were not delivered on time through no fault of our own, the remaining goods will be delivered later without recalculating the flat rate shipping fee, provided this is reasonable for you.
(5) Products for which a surcharge is to be charged as bulky goods will only be delivered to the curb.

§ 5 Lack of availability of ordered goods, force majeure

(1) You can see the availability of the goods during the ordering process thanks to the merchandise management system, which is connected to our trading platform via an interface. On the respective product pages, the merchandise management system shows whether and how many items of the product called up are available and can be shipped as quickly as possible.
(2) If, after receiving the order, we discover that the ordered goods are no longer available from us or can only be delivered with a delay, we will inform you of this immediately. You are entitled to withdraw your offer. We will refund any payments already made immediately after withdrawal.
(3) In cases of force majeure, such as war or the threat of war, industrial action, pandemics, legal or regulatory general orders that hinder our business activities and that are unforeseeable and unavoidable for us, we are entitled to postpone the fulfillment of the contract by up to two weeks from receipt of the order. You will be informed of this immediately. If even delivery within two weeks is not possible, we are entitled to withdraw from the contract. If you do not agree to the postponement of delivery for more than two weeks, you are entitled to withdraw from the contract. We will refund any payments already made immediately after withdrawal. Claims for damages are excluded in the event of force majeure.

§ 6 Prices and payment terms

(1) If you order as an entrepreneur or legal entity under public law and have also clicked the "Business Customer" button, the prices listed in the respective offers represent net prices without VAT in euros, to which the respective statutory VAT must be paid in addition.
(2) If you purchase on account, we will send you a proper invoice by email or post. Unless otherwise agreed, the stated invoice amount is due upon delivery of all ordered goods and receipt of the invoice. The invoice amount must be transferred within ten days of the invoice date. Different payment terms can be agreed upon request and are only valid if they have been confirmed by us in writing (usually via an offer letter) before the contract is concluded. For new customers or customers with payment difficulties, we reserve the right to refuse payment by invoice or to request an appropriate advance payment / partial payment.
(3) When paying by bank transfer / advance payment, you will receive / see account details in the confirmation email and also on the confirmation page of your order. Please transfer the total amount within 7 days. The goods will be dispatched accordingly after receipt of payment. If we do not receive payment within the 7-day period, we will release the ordered and reserved goods for general sale again. Please note that in such cases, the right to prior sale remains reserved, which may make it necessary to purchase new goods and the delivery time may be extended in line with the replenishment time.
(4) If payment is made by invoice after delivery, we must receive payment no later than 10 days after receipt of the goods.

§ 7 Retention of title

(1) We retain title to the goods until all claims arising from the respective contract have been settled in full. Before ownership of the reserved goods has been transferred, pledging or transferring them as security is not permitted.
(2) You can resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that arise from the resale. We hereby accept the assignment. You are also authorized to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.
(3) If the reserved goods are combined or mixed, you acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
(4) We undertake to release the securities to which we are entitled at your request to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is our responsibility.

§ 8 Warranty

(1) We guarantee that the goods are free from material and legal defects in accordance with §§ 434, 435 BGB at the time of transfer of risk.
(2) After delivery of the ordered goods, you must immediately inspect them for completeness and/or any defects and immediately, at the latest within two weeks of receipt of the goods, notify us of any incompleteness or any defects by means of a formal notification of defects in text form (email to support@elotronics.com, fax: +49 8167 31408-99). In the case of hidden defects, notification must be made immediately after the hidden defect has been identified.
(3) The warranty period is 1 year from receipt of the goods.

§ 9 Manufacturer's guarantees

(1) Should manufacturers of the products you have purchased offer a manufacturer's guarantee, this only obliges the manufacturers and not us, unless we have expressly given you a guarantee.
(2) If there is a manufacturer's guarantee for the goods we supply, your assertion of warranty claims against us requires that you have previously made a written and unsuccessful claim against the manufacturer. This does not apply if the scope of the manufacturer's guarantee is less or its duration is shorter than the warranty claims according to these terms and conditions, or if we have given a more extensive guarantee of properties than the manufacturer in individual cases.

§ 10 Liability

(1) We are liable for damages, regardless of the legal basis, only in the event of intent or gross negligence.
(2) We are also liable for the negligent breach of essential Vcontractual obligations (cardinal obligations), i.e. those obligations the violation of which endangers the achievement of the purpose of the contract and on whose compliance a contractual partner (you) can regularly rely. In the event of negligent violation of cardinal obligations, however, we are only liable for damages typical of the contract that were foreseeable at the time the contract was concluded. An exclusion or limitation of our liability also applies to the personal liability of legal representatives, employees and other vicarious agents.
(3) The above limitations of liability according to paragraphs 1 and 2 do not apply in the event of injury to life, limb or health, fraudulent intent, lack of a guaranteed property or assumption of a guarantee. Liability under the Product Liability Act also remains unaffected.
(4) In the event of data loss, we are only liable if you can prove that you have carried out regular data backups (at least once a day). If a backup copy exists, our liability is limited to the cost of restoring the data. This restriction does not apply in the case of intent or gross negligence.
(5) Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times given the current state of technology. In this respect, we are not liable for the constant or uninterrupted availability of the website and the services offered there.
(6) We are not liable for damage caused by improper handling and/or operation and/or connection of the purchased products, including or especially due to a lack of specialist knowledge.

§ 11 Buyer's inspection obligations

Our goods can pose a variety of unforeseeable risks if used improperly or not for their intended purpose. We would therefore like to point out that the images, drawings and technical data reproduced in our catalog and on our website are subject to ongoing changes by the product manufacturers as is customary in the industry. Product photos do not necessarily show the scope of delivery, but merely symbolize the object of purchase and may differ from the goods delivered. You are obliged to carefully and precisely check the goods you receive to ensure that the specified components, data and values ​​match your order and are suitable for your intended purpose. You must carefully check that the goods ordered are functional before using them further and ensure that the items delivered are suitable for your intended use.

§ 12 Data backup

Please note the following before returning or handing over devices with storage media (e.g. hard drives, USB sticks, cell phones, etc.):

You are generally responsible for backing up your data yourself. Please make appropriate backup copies or delete any personal data contained therein. This is particularly important if personal data of third parties is stored.

If deletion is not possible due to a defect, we ask you to expressly inform us of the existence of personal data. Please note this clearly on the return slip.

§ 13 Data protection

All personal data is treated as strictly confidential. We use your personal data to establish a contractual relationship with you, to design its content, to change or to terminate it, to fulfill our contractual obligations, to optimally process the order, to deliver the goods, to provide services and to process the payment. For this purpose, we pass on your data to commissioned service providers and, if applicable, to affiliated companies.

For the purpose of payment processing, the data required for this purpose is stored both on our server and on the servers of the companies commissioned by us to process payments.

§ 14 Final provisions

(1) German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) The place of performance for all services arising from the business relationship with you is 85410 Haag.
(3) The exclusive place of jurisdiction is Freising if you are a merchant within the meaning of the German Commercial Code, a corporation under public law or a special fund under public law.
(4) If one or more provisions of these General Terms and Conditions are ineffective, the contractual provisions otherwise remain effective.

As of: March 2021

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