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nelsbonifer

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General Terms and Conditions

1. Scope

The following General Terms and Conditions (GTC) apply to all orders placed through our online shop by consumers and entrepreneurs.

A consumer is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity that, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

For entrepreneurs, the following applies: If the entrepreneur uses conflicting or supplementary General Terms and Conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly agreed to them.

2. Contractual Partners, Conclusion of Contract

The purchase contract is concluded with Nels Bonifer, Elephant Marketing.

By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the ordering process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking the order button. Immediately after submitting the order, you will receive another confirmation by email.

3. Contract Language, Storage of Contract Text

The available language(s) for the conclusion of the contract is German.

We store the contract text and send you the order data and our GTC in text form. For security reasons, the contract text is no longer accessible via the internet.

4. Delivery Conditions

We deliver free of shipping costs within Germany.

We only deliver by shipping. Unfortunately, self-collection of the goods is not possible.

We do not deliver to packing stations.

5. Payment

The following payment methods are available in our shop:

  • Credit Card: When placing the order, you provide your credit card details. After your legitimation as the legitimate cardholder, the payment transaction will be carried out automatically and your card will be charged.
  • PayPal, PayPal Express: During the ordering process, you will be redirected to the website of the online provider PayPal. To pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data, and confirm the payment instruction to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. The payment transaction is carried out automatically by PayPal immediately afterward. You will receive further information during the ordering process.
  • Giropay: After placing the order, you will be redirected to your bank’s website. To pay the invoice amount via Giropay, you must have an online banking account activated for Giropay, legitimize yourself accordingly, and confirm the payment instruction to us. You will receive further information during the ordering process. The payment transaction will be carried out immediately afterward and your account will be charged.
  • Apple Pay: To pay the invoice amount via Apple Pay, you must use the „Safari“ browser, be registered with the service provider Apple, have Apple Pay activated, legitimize yourself with your access data, and confirm the payment instruction. The payment transaction will be carried out immediately after placing the order. You will receive further information during the ordering process.
  • Paydirekt: After placing the order, you will be redirected to the website of the online provider paydirekt. To pay the invoice amount via paydirekt, you must have an online banking account activated for participation in paydirekt, be registered there or first register, legitimize yourself with your access data, and confirm the payment instruction to us. Immediately after the order, we request paydirekt to initiate the payment transaction. The payment transaction will be carried out automatically by paydirekt. You will receive further information during the ordering process.
  • Purchase on Account via Klarna: In cooperation with Klarna AB (www.klarna.de), Sveavägen 46, Stockholm, Sweden, we offer you purchase on account as a payment option. Please note that Klarna invoice is only available for consumers and that payment must be made to Klarna. When purchasing on account with Klarna, you always receive the goods first and always have a payment period of 14 days. The complete GTC for purchase on account can be found here.

6. Right of Withdrawal

Consumers are entitled to the statutory right of withdrawal as described in the withdrawal policy. Entrepreneurs are not granted a voluntary right of withdrawal.

7. Warranty and Guarantees

Unless otherwise expressly agreed below, the statutory liability for defects applies.

For consumers, the following applies to the purchase of used goods: if the defect occurs after one year from the delivery of the goods, claims for defects are excluded. Defects that occur within one year from the delivery of the goods can be claimed within the statutory limitation period of two years from the delivery of the goods.

For entrepreneurs, the limitation period for defect claims for newly manufactured goods is one year from the transfer of risk. The sale of used goods takes place under the exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.

Only our own information and the product descriptions of the manufacturer, which were included in the contract, are deemed to be an agreement on the quality of the goods vis-à-vis entrepreneurs; we assume no liability for public statements of the manufacturer or other advertising statements.

If the delivered item is defective, we initially provide a warranty to entrepreneurs at our discretion by eliminating the defect (rectification) or by delivering a defect-free item (replacement delivery).

The above limitations and shortened terms do not apply to claims based on damages caused by us, our legal representatives, or vicarious agents:

  • in case of injury to life, body, or health
  • in case of intentional or grossly negligent breach of duty as well as fraudulent intent
  • in case of breach of essential contractual obligations, whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the contractual partner may regularly rely (cardinal obligations)
  • within the scope of a guarantee promise, if agreed
  • as far as the scope of application of the Product Liability Act is opened.

Information on any additional warranties that may apply and their exact conditions can be found with the product and on special information pages in the online shop.

Customer service: For questions, please contact service@elephantmarketing.de

8. Liability

We are always fully liable for claims based on damages caused by us, our legal representatives, or vicarious agents:

  • in case of injury to life, body, or health
  • in case of intentional or grossly negligent breach of duty
  • in case of guarantee promises, if agreed, or
  • as far as the scope of application of the Product Liability Act is opened.

In case of breach of essential contractual obligations, whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the contractual partner may regularly rely (cardinal obligations) due to slight negligence by us, our legal representatives, or vicarious agents, the liability is limited to the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected.

Otherwise, claims for damages are excluded.

Elephant Marketing cannot be held liable if deletions, blocks, or penalties on entries, profiles, or company presences of the customer occur on the respective platforms. Furthermore, Elephant Marketing is not liable for negative impacts on search engine rankings or other undesirable side effects of the service. This risk is to be borne by the customer, which he explicitly accepts by purchasing the service.

9. Dispute Resolution

The European Commission provides a platform for online dispute resolution (OS), which you can find