Terms of service

1. General
2. Conclusion of contract
3. Prices, VAT, shipping costs
4. Payment types
5. Conditions for delivery and shipping, cancellation and return costs
6. Customer Ratings
7. Limitation of liability and warranty rights
8. Retention of title
9. Copyright and image rights
10. Privacy
11. Applicable law, place of jurisdiction
12. Severability clause
13. Final provisions

1. General

1.1 These General Terms and Conditions (GTC) apply to all business relationships, including all orders via telephone, internet (www.ellenity.com and any other sales channels), e-mail or letter regarding all contracts for the purchase of goods and services between Ellenity GmbH, Albisblick 51, 6319 Allenwinden, Switzerland (hereinafter referred to as "Ellenity GmbH", "Ellenity" or "we") and their customer (hereinafter also referred to as "orderer" or "buyer" or with the second person singular (“you”) addressed). The female form is always meant in the male form.

1.2 The version of the General Terms and Conditions of Ellenity GmbH valid at the time of the order is always decisive. This also applies to all future terms and conditions, even if they are not expressly agreed again. By placing the order, the customer accepts the following terms and conditions.

1.3 Pre-formulated conditions of the customer, which deviate from the present terms and conditions, do not become part of the contract, even if Ellenity GmbH should be aware of them. Contradictory confirmations from the customer with reference to his business or purchasing conditions are hereby expressly excluded. The only exception is if Ellenity GmbH agrees to the validity of deviating conditions, either contractually or at least by binding email.

1.4 The information on products (illustrations, drawings, dimensions, weights, product descriptions, contents, effects, prices and other services) on www.ellenity.com, social media (Instagram, Tik Tok, Pinterest, Facebook, etc.) and all other sales channels (Google Shop, Instagram Shop, etc.) are to be understood as guidelines only and do not represent any guarantee of properties, unless because they are expressly designated as binding in writing.

1.5 The GTC only apply if the customer purchases our products as a private consumer, i.e. the purpose of the ordered products and services cannot be attributed to his commercial or self-employed professional activity and the purchased products are not intended for resale.

1.6 If a customer wishes to purchase our products or services as an entrepreneur, i.e. in the exercise of his commercial or self-employed professional activity or for resale, he is obliged to notify us separately in advance on info@ellenity.com. Our products may not be purchased by entrepreneurs without the express consent of Ellenity GmbH. Ellenity GmbH reserves the right to withdraw from the purchase contract if a buyer buys products without the explicit consent of Ellenity GmbH in order to resell them or such a resale has already taken place.In this case, Ellenity GmbH reserves the right to assert claims for damages

1.7 Ellenity GmbH reserves the right to limit the order quantity for each product to normal household quantities.

2. Conclusion of contract

2.1 Ellenity GmbH only concludes contracts with persons of unrestricted legal capacity who have reached the age of 18. If it turns out that the customer is not of legal age and/or not legally competent, Ellenity GmbH is entitled to withdraw from the contract.

2.2 Ellenity GmbH is also entitled to withdraw from the contract if it is not supplied correctly and/or on time by its suppliers. The customer will be informed immediately about the non-availability of the goods. Payments already made by the customer will be refunded immediately.

2.3 The customer can initially place the products in our virtual shopping cart without obligation. After pressing the "Checkout" button , the customer can enter delivery and billing data and select the desired payment method. He has the option of correcting his details at any time before sending his binding order by navigating back. By clicking the "Kaufen" button, the customer places a binding order for all products in the shopping cart. He will receive an e-mail from Ellenity shortly after the order has been received to confirm his order. Ellenity GmbH thus confirms to the customer that we have received his offer to conclude a purchase contract.

2.4 When the contract with Ellenity GmbH comes about (acceptance of the offer) depends on the payment method selected by the customer:

Amazon Pay

Before completing the ordering process on our website, the customer is forwarded to the website of the online provider Amazon. There he can choose his delivery address and payment method and confirm the payment order to Amazon. He can then complete the ordering process on our website. We then accept his offer by asking Amazon to initiate the payment transaction.

Apple Pay

Before completing the ordering process on our website, the customer is forwarded to the website of the online provider Apple. There he can choose his delivery address and payment method and confirm the payment order to Apple. He can then complete the ordering process on our website. We then accept his offer by asking Apple to initiate the payment transaction.

Google Pay

Before completing the ordering process on our website, the customer is forwarded to the website of the online provider Google. There he can choose his delivery address and payment method and confirm the payment order to Google. He can then complete the ordering process on our website. We then accept his offer by asking Google to initiate the payment transaction.

Twint (only for Switzerland)

After the ordering process, the customer is forwarded to the website of the online provider Twint. There he can initiate the payment order to Twint. With our request for a payment transaction to Twint, we accept the customer's offer.

Paypal

After the ordering process, the customer is forwarded to the website of the online provider PayPal. There he can initiate the payment order to PayPal.With our request for a payment transaction to PayPal, we accept the customer's offer

Credit card

When ordering, the customer sends us their credit card details. We accept his offer by asking his credit card company to initiate the payment transaction after he has legitimized himself as the legitimate cardholder.

Klarna immediate transfer

After the ordering process, the customer is forwarded to the website of the payment service provider Klarna Bank AB. As soon as he has executed his payment order there, the contract with us is concluded.

Klarna invoice and hire purchase

Here we accept the customer's offer by sending the goods within two working days.

3. Prices, VAT, shipping costs

3.1 All our prices already include the applicable statutory VAT.

3.2 Any delivery and shipping costs incurred are not included in the purchase price, they will be shown separately during the ordering process and added to the final price to be paid. Delivery and shipping costs may have to be paid additionally.

3.3 ​​Our information on products and prices within each order process is not fixed. This means that the prices are non-binding and can be adjusted at any time (also during the ordering process). The latest prices always apply.

3.4 Discounts and other promotions cannot be claimed later. As soon as the order has been placed by the customer, there is no entitlement to any unused discounts or promotions. In addition, there is no entitlement to discounts or promotions that are granted by Ellenity GmbH at a later point in time after the order has been placed by the customer.

4. Payment methods

4.1 The following payment methods are generally available to the customer for deliveries:

• Thanks to the cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, Ellenity GmbH can Offer the customer the following payment options, with payment being made to Klarna in each case:
  • Invoice: The payment period is 14 days from the dispatch of the products. The full invoicing terms of a selection of countries where Klarna invoice is available can be found here: Germany, Austria , Switzerland.

• • Sofortüberweisung: Sofortüberweisung is now available in the following European countries: Belgium, Germany, Italy, the Netherlands, Austria, Poland, Switzerland and Spain. The customer's account is debited immediately after placing the order.

• In order to be able to offer the purchaser the payment method invoice, we need a positive credit check. Therefore, we forward the necessary data of the customer to Klarna Bank AB for the purpose of address and creditworthiness checks as part of the processing of the purchase contract. We ask for your understanding that we can only offer those payment methods that are permissible based on the credit check. Klarna Bank AB reserves the right to exclude individuals / customers from purchasing on account without giving reasons. The exclusion is displayed on the website.
• Klarna payment methods require adulthood.
• If the customer has problems paying for a Klarna payment method available on our website (invoice, immediate transfer) - for example, the message is displayed: "Unfortunately, we cannot process this purchase via Klarna. Please select an alternative payment option to complete your order." - we recommend that the customer contact Klarna directly. Email: kundendienst@klarna.de; Web/ Chat: https://www.klarna.com/de/smoooth-mehrzuklarna/
• Klarna also offers a mobile app and the MyKlarna portal, where all information about your orders can be viewed.
• Here you can find Klarna's terms of use and other information to which Ellenity GmbH and its customers are bound. In addition, in Klarna's data protection regulations you can find precise information on how personal information is treated by Klarna in accordance with the applicable data protection regulations.
• Amazon Pay
• Apple Pay
• Google Pay
• Credit card
• Invoice
• PayPal
• Twint (Switzerland)
  
  

4.2 Unless explicitly stated otherwise in the individual payment methods, payment claims from the concluded contract are due for payment immediately.

5. Conditions for delivery and shipping, cancellation and return costs

5.1 The products are delivered to the delivery address specified by the customer in the ordering process by DHL or Post.

5.2 In addition to local VAT, there should be no additional duty or local tax. If this is the case, they must be borne by the customer himself.

5.3 Deliveries are made according to the shipping conditions valid at the time of the order (see footer “Shipping costs”). The ordered goods will be delivered to the address specified by the customer. The delivery times are non-binding. Fixed delivery dates must be explicitly confirmed in writing by Ellenity GmbH (e-mail is sufficient).

5.4 The ordered goods are usually shipped 1 - 2 working days after receipt of the purchase price (in the case of advance payment). It is not possible to cancel an order that has been made. However, the customer can send back the ordered goods after he has received them, following the "Cancellation" process, which is part of these General Terms and Conditions and can be accessed in the footer of our website. In addition, a change of address after receipt of an order is not possible.

5.5 If the customer is in default of acceptance or culpably violates other obligations to cooperate, Ellenity GmbH is entitled to demand reasonable compensation for the damage incurred, including any additional expenses (at least CHF 10, EUR 10). Further claims remain reserved. After the 1st delivery attempt, the risk of transport and the risk of the goods spoiling pass to the customer, since delays in acceptance can result in spoilage or damage to the goods.

5.6 The risk of accidental loss or accidental deterioration of the purchased item passes to the customer at the point in time at which he accepted the goods or defaulted on acceptance.

5.7 Ellenity GmbH is entitled to make partial deliveries and partial services at any time. These must be justifiable to a reasonable extent for the customer. The customer only bears the shipping costs incurred for the entire delivery of the ordered goods.

5.8 Delivery and service delays due to force majeure and due to events that make delivery significantly more difficult or impossible for Ellenity GmbH (strike, lockout, official orders, epidemics, pandemics, natural disasters, etc.), even if they occur in the deliveries for Ellenity GmbH or Ellenity GmbH is not responsible for their sub-suppliers, even in the case of bindingly agreed deadlines and dates. You entitle Ellenity GmbH to postpone the delivery or service for the duration of the hindrance plus a reasonable grace period or to withdraw from the contract in whole or in part due to the part that has not yet been fulfilled. If the hindrance lasts longer than 5 working days, Ellenity GmbH is entitled, after a reasonable period of grace, to withdraw from the part of the contract that has not yet been fulfilled. If the delivery time is extended or if Ellenity GmbH is released from its obligation, the customer cannot derive any claims for damages from this.

5.9 The shipping costs incurred when purchasing Ellenity products are as follows:

Ellenity currently ships to all EU countries and Switzerland under the following conditions:

5.10 If the products are opened or no longer in the original packaging, the buyer will be charged up to 100% of the purchase price upon return.

5.11 The customer has the right to cancel the contract entered into with Ellenity GmbH within 14 days without giving reasons. The cancellation period is 14 days from the day on which the customer or a third party named by him who is not the carrier took possession of the last goods. Details can be found in the “Revocation” section, which is part of these terms and conditions and can be accessed in the footer of our website.

5.12 ​​In the event of cancellation and proper return of the goods (goods are new, in their original packaging and unopened, any hygiene seal is completely intact and undamaged, the return has been properly received at the relevant warehouse), Ellenity GmbH has to make all payments to the customer , which Ellenity GmbH received from the customer, including any delivery costs (with the exception of the additional costs resulting from the fact that the customer chose a different type of delivery than the cheapest standard delivery offered by Ellenity), within 14 days at the latest on the day on which Ellenity GmbH received notification of your cancellation of this contract.Details can be found in the “Revocation” section, which is part of these GTC and can be accessed in the footer of our website

5.13 The return costs, i.e. the costs incurred for returning the goods from the customer to Ellenity within the scope of the right of withdrawal, are to be borne in full by the customer. Details can be found in the "Revocation" section, which is part of these General Terms and Conditions and can be accessed in the footer of our website is.

6. Customer reviews

6.1 If a customer review, product review, or similar is written on www.ellenity.com or on other publicly accessible sites, the author grants the evaluation of Ellenity GmbH the exclusive and unrestricted license for their further use.

6.2 We reserve the right to display customer ratings after they have been checked without comment, not or only for a period selected by Ellenity GmbH, shortened or changed or to omit them entirely.

6.3 Customer ratings or product ratings only reflect the opinion of the customer and do not or only coincidentally match the opinion of Ellenity GmbH.

7. Limitation of liability and defect rights

7.1 If there is a defect in the ordered goods, the statutory provisions (warranty / liability for defects) apply, unless otherwise regulated below or insofar as the statutory provisions apply are mandatory.

7.2 If the delivery item is defective, the defect must be reported to Ellenity GmbH immediately after receipt of the goods via orders@ellenity.com. Access to Ellenity GmbH is decisive for compliance with the deadline. A breach of the above obligations excludes any warranty claim against Ellenity GmbH. If the delivery item is defective or if it lacks guaranteed properties, the guarantee is provided exclusively through replacement delivery. Multiple rectifications are permitted. The rectification takes place without acknowledgment of a legal obligation and does not lead to a new start of the limitation period. Further claims of the buyer are excluded, unless the (possibly multiple) replacement delivery fails after a reasonable period of time (possibly several times). The customer can then either demand a reduction in the purchase price or cancellation of the contract and reimbursement of the purchase price.

7.3 If Ellenity GmbH is liable under the statutory provisions for damage to the customer due to simple negligence, the following applies: Liability for simple negligence only exists in the event of delay or impossibility or breach of an essential contractual obligation and is limited to the reasonably foreseeable typical damage (contract-typical average damage) is limited. Furthermore, liability is limited to the respective order value. Liability is explicitly excluded for any lost profits. Liability for any direct and indirect damage as well as consequential damage is excluded.

7.4 Otherwise, the legal liability of Ellenity GmbH remains unaffected, in particular liability for intent, fraudulent concealment of a defect, gross negligence and any no-fault liability. Any liability arising from the assumption of a guarantee that has been explicitly recorded in writing also remains unaffected.

7.5 The legal representatives, employees and vicarious agents of Ellenity GmbH are not more liable than Ellenity GmbH itself

7.6 To the extent permitted by law, Ellenity GmbH rejects any liability for damage caused to the buyer by technical errors, harmful computer programs, business interruptions, disruptions of any kind, failure of the internet connection, etc will.

7.7 In the context of improper action and disregard of the risks on the part of the buyer or third parties, improper use and/or unsuitable equipment of the buyer or third parties, force majeure, environmental influences, interventions by the buyer or disturbances by third parties, infestation by harmful Ellenity GmbH is not liable for programs such as viruses, etc.

8. Retention of title

All deliveries are subject to retention of title. Title to all products delivered to Buyer shall remain with Ellenity GmbH until full payment has been received. Ownership of the goods is only transferred to the buyer upon receipt of full payment.

9. Copyright and image rights

All copyright and image rights for all content on www.ellenity.com and all content shared on behalf of Ellenity (e.g. on social media) exist for Ellenity GmbH. If this is not the case, Ellenity GmbH is entitled to use the corresponding content or image material (e.g. through licenses). The use of copyrighted or otherwise protected content is not permitted without the express consent of Ellenity GmbH.

10. Privacy

The use of the offer on www.ellenity.com is subject to the Privacy Policy of Ellenity GmbH, which is part of these terms and conditions and in the footer of our website is available.

11. Applicable law, place of jurisdiction

11.1 Swiss law applies to these GTC and to all disputes arising from these GTC, to the exclusion of the UN Sales Convention, even if ordered from abroad (outside Switzerland) or shipped abroad (outside Switzerland). ) is delivered.

11.2 The place of jurisdiction for any disputes arising from all business relationships of Ellenity GmbH is – to the extent permitted by law – the registered office of Ellenity GmbH in Baar, Canton Zug, Switzerland.

12. Severability clause

Should individual provisions of these General Terms and Conditions be or become wholly or partially invalid, invalid or unenforceable, this shall not affect the validity of the remaining provisions of these General Terms and Conditions. The parties agree to replace the invalid or unenforceable provision with a valid and enforceable provision that most closely approximates the parties' intent economically. The same applies in the event of a gap. If the parties do not agree, the statutory regulation applies.

13. Final Provisions

13.1 Ellenity GmbH endeavors to describe the goods offered as precisely as possible using illustrations and information. The majority of the products are of natural origin and not mass-produced, therefore slight (e.g. seasonal) deviations from images and text descriptions may occur.

13.2 These GTC represent the entire agreement between Ellenity GmbH and the customer.Ancillary agreements, changes and additions to these GTC (including this clause) must be in writing to be legally effective (e-mail is sufficientnot)

13.3 We would like to point out that we are neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board.

13.4 Contract language is German. In the event of contradictions between the German, English, French and possibly other language content of the website www.ellenity.com the version in German is binding.

13.5 This version of the General Terms and Conditions represents the current status of the General Terms and Conditions; all previous General Terms and Conditions have been canceled and superseded by the present General Terms and Conditions.

Baar, December 30, 2022