Terms and Conditions Delta Kitchen UG (limited liability)

The following terms and conditions apply to all orders via our online shop by consumers and entrepreneurs.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. 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.

These terms and conditions also apply to future business relationships with entrepreneurs, without us having to refer to them again. 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 this.

The purchase contract is concluded with Delta Kitchen UG (limited liability).
The presentation of the products in the online shop does not represent a legally binding offer, but a non-binding online catalogue. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained in the ordering process. By clicking the order button, you place a binding order for the goods contained in the shopping cart. The confirmation of the receipt of your order is sent by e-mail immediately after sending the order

We reserve the right to name items that are currently not available immediately after receipt of your order. These items are not automatically delivered, a purchase contract is not concluded for these items.

When the contract is concluded with us depends on the payment method you have chosen:

Invoice
We accept your order by sending a declaration of acceptance in a separate email or by delivering the goods within two days.

Credit card
When you place your order, you send us your credit card details at the same time. After your legitimation as the legitimate cardholder, we request your credit card company to initiate the payment transaction and thereby accept your offer.

PayPal
During the ordering process you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment order to PayPal. After placing the order in the shop, we request PayPal to initiate the payment transaction and thereby accept your offer.

The language available for the conclusion of the contract is German.
The text of the contract will not be saved by us.

The following payment methods are available in our shop:

Credit card
When you place your order, you send us your credit card details at the same time. After your legitimation as the legitimate cardholder, we will request your credit card company to initiate the payment transaction immediately after the order has been placed. The payment transaction is carried out automatically by the credit card company and your card is charged.

PayPal
During the ordering process you will be redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there.register first, legitimize with your access data and confirm the payment order to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction. The payment transaction is carried out automatically by PayPal immediately afterwards. You will receive further information during the ordering process.

Invoice (Klarna)
Successful credit check required. You will receive the invoice with the goods. If you select the "Invoice" payment method, the invoice amount must be transferred to the bank account specified there after receipt of the invoice in accordance with the agreements with Klarna. We reserve the right to prepayment.

Apple Pay, Google Pay, Sofort, Amazon Pay
During the ordering process you will be forwarded to the website of the respective provider. In order to be able to pay the invoice amount via the provider, you must be registered there or first register, identify yourself with your access data and confirm the payment order to us. After placing the order in the shop, we ask the provider to initiate the payment transaction. The payment transaction is carried out automatically by the provider immediately afterwards. You will receive further information during the ordering process.

According to §312g Abs. 2 BGB, there is no right of revocation.

The goods remain our property until they have been paid for in full.

For entrepreneurs, the following also applies: We reserve title to the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; You assign all claims arising from this resale to us in advance - regardless of whether the reserved goods are combined or mixed with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations.

If goods are delivered with obvious transport damage, please report such errors to the deliverer as soon as possible and contact us immediately. The omission of a complaint or contact has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance company.

The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment. The obligation to examine and give notice of defects regulated in Section 377 of the German Commercial Code (HGB) applies to merchants. If you omit the notification regulated there, the goods are deemed to have been approved, unless there is a defect that was not recognizable during the inspection. This does not apply if we have fraudulently concealed a defect.

Unless otherwise expressly agreed below, the statutory right to liability for defects shall apply. For consumers, the limitation period for claims for defects in used items is one year from delivery of the goods.For entrepreneurs, the limitation period for claims for defects is one year from the transfer of risk; the statutory limitation periods for the right of recourse according to § 478 BGB remain unaffected

With regard to entrepreneurs, only our own information and the product descriptions of the manufacturer that were included in the contract apply as an agreement on the quality of the goods; We assume no liability for public statements by the manufacturer or other advertising statements. If the delivered item is defective, we initially provide a warranty to entrepreneurs, at our discretion, by remedying the defect (repair) or by delivering a defect-free item (replacement delivery). The above restrictions and shortening of deadlines do not apply to claims based on damage caused by us, our legal representatives or vicarious agents

   •       in case of injury to life, limb 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, the fulfillment of which is essential for the proper execution of the contract and on compliance with which the contractual partner may regularly trust (cardinal obligations)
   •   within the framework of a guarantee promise, if agreed
   •     as far as the scope of application of the Product Liability Act is open.

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

Customer service: You can reach our customer service by email at info@elevant.berlin.

For claims based on damage caused by us, our legal representatives or vicarious agents, we are always liable without limitation
  •   in the event of injury to life, limb or health,
    •    in the event of intentional or grossly negligent breach of duty ,
   •   in the case of guarantee promises, if agreed, or
     •   if the area of ​​application of the Product Liability Act is open.

In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and the observance of which the contractual partner may regularly rely on (cardinal obligations) due to slight negligence on the part of us, our legal representatives or vicarious agents, the liability is the amount limited to the foreseeable damage at the time of conclusion of the contract, the occurrence of which must typically be expected. For the rest, claims for damages are excluded.

The European Commission provides a platform for online dispute resolution (OS), which you can find herehttps://ec.europa.eu/consumers/odr/.
We are willing to take part in an out-of-court arbitration procedure before a consumer arbitration board.
The general consumer arbitration board of the Center for Arbitration e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www. Verbraucher-schlichter.de.

Orders can only be accepted from customers who have reached the age of 18.

If you are an entrepreneur, then German law applies to the exclusion of the UN Sales Convention.
If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business