Terms of service

General Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Basic Provisions

(1)The following terms and conditions apply to contracts that you conclude with us as the provider(CALM ELEPHANT GmbH)via the website www.calmelephant.com. Unless otherwise agreed, the inclusion of your own terms and conditions, if any, is hereby rejected.

(2)A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a legally capable partnership who acts in the exercise of their independent professional or commercial activity when concluding a legal transaction.

§ 2 Conclusion of the Contract

(1)The subject of the contract is the sale of goods .

(2)By listing the respective product on our website, we already make you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the product description. 

(3)The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart." You can access the "shopping cart" at any time via the corresponding button in the navigation bar and make changes there.
After clicking the "Checkout" or "Proceed to Order" button (or similar designation) and after entering your personal data as well as the payment and shipping conditions, the order details will finally be displayed to you as an order summary.

If you use an instant payment system as a payment method (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort), you will either be directed to the order overview page in our online shop or redirected to the website of the instant payment system provider.
If you are redirected to the respective Sofort payment system, please make the appropriate selection or enter your data there. Finally, the order details will be displayed as an order summary on the website of the Sofort payment system provider or after you have been redirected back to our online shop.

Before submitting the order, you have the option to review the information in the order summary again, make changes (also using the "back" function of the web browser), or cancel the order.

(4)Your requests for a quote are non-binding for you. We will provide you with a binding offer in text form (e.g., by email), which you can accept within 5 days (unless a different deadline is specified in the respective offer).

(5)The processing of the order and the transmission of all information required in connection with the conclusion of the contract are carried out by e-mail, partly automatically. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured, and in particular, that it is not blocked by spam filters.

§ 3 Special Agreements on Offered Payment Methods

(1)Payment via "PayPal" / "PayPal Checkout"
When selecting a payment method offered via "PayPal" / "PayPal Checkout," the payment processing is carried out by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" are displayed to you under a correspondingly labeled button on our website as well as during the online ordering process. For payment processing, "PayPal" may use additional payment services; if special payment conditions apply for this, you will be specifically informed. Further information about "PayPal" can be found athttps://www.paypal.com/de/webapps/mpp/ua/legalhub-full.

(2)Payment via "Stripe"
When selecting a payment method offered via "Stripe," the payment processing is carried out by the payment service provider Stripe Payments Europe Limited (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland; "Stripe"). The individual payment methods via "Stripe" are displayed to you under a correspondingly labeled button on our website as well as during the online ordering process. For payment processing, "Stripe" may use additional payment services; if special payment conditions apply for these, you will be separately informed. Further information about "Stripe" can be found athttps://stripe.com/de.

§ 4 Right of Retention, retention of title

(1)You can only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.

(2)The goods remain our property until full payment of the purchase price has been made.

(3)If you are an entrepreneur, the following applies additionally:

a) We reserve ownership of the goods until all claims arising from the ongoing business relationship have been fully settled. Prior to the transfer of ownership of the reserved goods, pledging or transfer of ownership as security is not permitted.

b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims arising from the resale in the amount of the invoice total, and we accept the assignment. You are still authorized to collect the claim. However, if you do not properly fulfill your payment obligations, we reserve the right to collect the claim ourselves.

c) In the event of the connection and mixing of the reserved goods, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods relative to the other processed items at the time of processing.

d) We commit to releasing the securities due to us at your request to the extent that the realizable value of our securities exceeds the secured claim by more than 10%. The selection of the securities to be released is at our discretion.

§ 5 Warranty

(1)The statutory warranty rights for defects apply.

(2)As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects, and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so will have no effect on your statutory warranty claims.

(3)As far as a characteristic of the goods deviates from the objective requirements, the deviation shall only be considered agreed upon if you were informed about it by us before submitting the contractual declaration and the deviation was expressly and separately agreed upon between the contracting parties.

(4)Insofar as you are an entrepreneur, the following warranty provisions shall apply instead of the above:

a)As the condition of the goods, only our own information and the manufacturer's product description shall be deemed agreed upon, but not any other advertising, public endorsements, or statements by the manufacturer.

b)In the event of defects, we shall, at our discretion, provide warranty by way of repair or replacement delivery. If the defect remediation fails, you may demand a reduction or withdraw from the contract at your discretion. The defect remediation is considered to have failed after an unsuccessful second attempt, unless otherwise indicated by the nature of the goods or the defect or other circumstances. In the case of repair, we are not obliged to bear the increased costs arising from transporting the goods to a location other than the place of performance, provided that the transport does not correspond to the intended use of the goods.

c)Die Gewährleistungsfrist beträgt ein Jahr ab Ablieferung der Ware. Die Fristverkürzung gilt nicht:

- for damages culpably caused by us attributable to injury to life, body, or health, and for other damages caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the condition of the item;
- in the case of items that have been used for a building according to their usual manner of use and have caused its defectiveness;
- in the case of statutory recourse claims that you have against us in connection with warranty rights.

§ 6 Choice of Law, Place of Performance, Jurisdiction

(1)law applies. For consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn (principle of favorability).

(2)The place of performance for all services arising from our business relationships as well as the place of jurisdiction is our registered office, provided you are not a consumer but a merchant, a legal entity under public law, or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU, or if your place of residence or habitual abode is unknown at the time the action is brought. The right to also call upon the court at another statutory place of jurisdiction remains unaffected.

(3)The provisions of the UN Sales Convention shall expressly not apply.

II. Customer Information

1. Identity of the seller

CALM ELEPHANT GmbH
Heronger Str. 24
41334 Nettetal
Germany
Phone: +4921578949106
E-Mail: info@calmelephant.com


Alternative Dispute Resolution:
Die Europäische Kommission stellt eine Plattform für die außergerichtliche Online-Streitbeilegung (OS-Plattform) bereit, aufrufbar unterhttps://ec.europa.eu/consumers/odr.

We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.

2. Information on the Conclusion of the Contract

The technical steps leading to the conclusion of the contract, the conclusion of the contract itself, and the correction options are carried out in accordance with the provisions on the "Conclusion of the Contract" in our General Terms and Conditions (Part I).

3. Contract Language, Contract Text Storage

3.1. The contract language is German.

3.2. The complete contract text is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser's print function. After we receive the order, the order data, the legally required information for distance selling contracts, and the General Terms and Conditions will be sent to you again by email.

3.3. For requests for quotations outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g., by email, which you can print out or save electronically.

4. Essential characteristics of the goods or services

The essential features of the goods and/or services can be found in the respective offer.

5. Prices and Payment Terms

5.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components, including all applicable taxes.

5.2. The applicable shipping costs are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, are separately indicated during the ordering process, and must be borne by you in addition, unless free shipping has been promised.

5.3. Costs incurred for the transfer of money (transfer or exchange rate fees of the credit institutions) are to be borne by you in cases where the delivery is made to an EU member state, but the payment was initiated outside the European Union.

5.4. The payment methods available to you are indicated under a correspondingly labeled button on our website or in the respective offer.

5.5. Unless otherwise specified for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.

6. Delivery Conditions

6.1. The delivery conditions, the delivery date, as well as any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.

6.2. As far as you are a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a carrier or another person designated to carry out the shipment who was not named by the entrepreneur.

If you are a business owner, delivery and shipping are at your risk.

7. Statutory Warranty Rights for Defects

Die Mängelhaftung richtet sich nach der Regelung "Gewährleistung" in unseren Allgemeinen Geschäftsbedingungen (Teil I).

These terms and conditions and customer information were created by the IT law specialists of the Händlerbund and are continuously checked for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. For more information, please visit:https://www.haendlerbund.de/de/services/legal-certainty/terms-and-conditions-service.

last updated: 22.10.2024