General Terms and Conditions

1. validity General Terms and Conditions (GTC)

The business relationship between ELEWA Natural – Karoline Smit (hereinafter referred to as “we”) and customers (hereinafter referred to as “customer” or “you”) applies exclusively to orders placed in this online store.

Conflicting or deviating terms and conditions of customers are not recognized. Unless otherwise agreed, the GTC apply regardless of whether you are a consumer, entrepreneur or merchant. The version of the GTC valid at the time of conclusion of the contract shall apply.

2 Conclusion of contract, contract text storage, contract language

(1) The items displayed in our online store do not constitute a binding offer to conclude a purchase contract.

(2) By placing an order via the online store by clicking on the “Order for a fee” button, you submit a legally binding offer. You are bound to the order for a period of two weeks after placing the order. Your statutory right of withdrawal remains unaffected by this.

(3) We will immediately confirm receipt of your order by e-mail. Such an e-mail does not constitute a binding acceptance of the order unless, in addition to the confirmation of receipt, acceptance is also declared.

(4) A contract is only concluded when we expressly accept your order by means of a declaration of acceptance or by delivering the ordered items.

(5) If delivery of the goods ordered by you is not possible, you will not receive a confirmation of acceptance of the order. In this case, a contract is not concluded. We

will inform you immediately and refund any payments already received without delay.

6) As a customer, you can call up the order form via the corresponding button in the navigation bar and make changes there at any time. Before submitting the order, you have the option of checking the details again, changing them or canceling the purchase completely. The order is only considered complete once you have completed the payment process via PayPal.

7) The text of the contract is not saved by us. The customer can save the text of the contract by printing out the offer using the browser’s print function. The customer himself must arrange for the contract text to be saved in a reproducible form (e.g. by taking a screenshot of the respective offer).

8) The contract language is German.

3 Prices and shipping costs

(1) All prices quoted in our online store are gross prices including statutory VAT plus any shipping costs incurred.

(2) The price including VAT and shipping costs is displayed in the order form before you send the order.

(3) If you effectively revoke your contractual declaration, you will receive the delivery costs of the goods (shipping costs) subject to the statutory requirements.

4 Terms of payment, offsetting and right of retention

(1) The purchase price plus shipping costs is due within 2 weeks after conclusion of the contract at the latest.

(2) You can pay the purchase price and shipping costs by Pay Pal.

(3) You are not entitled to offset against our claims unless your counterclaims have been legally established or are undisputed. You are also entitled to offset against our claims if you assert notices of defects or counterclaims from the same purchase contract.

(4) As the buyer, you may only exercise a right of retention if your counterclaim arises from the same purchase contract.

(5) Retention of title The delivered goods shall remain our property until the purchase price has been paid in full.

6. right of revocation and consequences of revocation for transactions with consumers according to § 13 BGB

Customers who purchase goods as consumers within the meaning of § 13 BGB have a right of withdrawal in accordance with the statutory provisions. The provisions of the following cancellation policy apply in detail

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reason.

The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.

To exercise your right of withdrawal, you must inform us

ELEWA Natural – Karoline Smit

Mühlenweg 15, 57399 Kirchhundem

+49 (0) 151 4646 5876 www.elewabeauty.de info@elewanatural.com

of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You can use the attached sample withdrawal form, but this is not mandatory. To comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of withdrawal:

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.

You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.- End of the withdrawal policy –

Exclusion of the right of withdrawal The right of withdrawal does not apply to contracts

for the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer, for the delivery of goods which can spoil quickly or

whose expiration date would be quickly exceeded, for the supply of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after

delivery of goods if they have been inseparably mixed with other goods after delivery due to their nature, for the delivery of alcoholic beverages, the price of which was agreed upon conclusion of the contract, but which can be delivered at the earliest 30 days after conclusion of the contract and whose current value depends on fluctuations in the market over which the entrepreneur has no influence, for the delivery of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery for the delivery of newspapers, magazines or magazines with the exception of subscription contracts.

7 Delivery conditions and advance payment Delivery takes place within five working days of receipt of payment within Germany at the latest.

If collection of the goods by the customer has been agreed, the customer must collect the goods at the agreed time. We shall only be liable to the customer for goods not collected on time in accordance with the statutory provisions on default of acceptance. For customers who are entrepreneurs in accordance with § 14 BGB (German Civil Code), all deliveries shall be made at the customer’s expense and risk, unless expressly agreed otherwise. The risk shall pass to the customer upon handover to the commissioned shipping company. The provision of partial services and partial deliveries to customers who are entrepreneurs in accordance with § 14 of the German Civil Code (BGB) is permitted, insofar as this is reasonable for the customer. There are no additional shipping costs for this.

8 Warranty

(1) Warranty rights shall be governed by the general statutory provisions, unless otherwise specified below.

(2) The limitation period for warranty claims of the customer is 2 years for new items for consumers according to § 13 BGB, and 1 year for used items. For entrepreneurs in accordance with § 14 BGB, the limitation period is 1 year for new items and 6 months for used items. This does not apply to claims for damages by the customer due to injury to life, limb or health or to claims for damages due to a breach of material contractual obligations. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract. The shortening of the limitation periods also does not apply to

claims for damages that are based on an intentional or grossly negligent breach of duty by us, our legal representatives or vicarious agents.

(3) Warranty claims of the customer, who is an entrepreneur within the meaning of § 14 BGB, presuppose that he has properly fulfilled his obligations to inspect and give notice of defects in accordance with § 377 HGB.

(4) We are not responsible for material defects in the delivery, which we obtain from third parties and deliver unchanged to the customer, vis-à-vis entrepreneurs in accordance with § 14 BGB. Liability for intent or negligence remains unaffected. In this case, we assign any claims we have against our suppliers to the customer.

9 Liability

1) We shall be liable in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.

(2) In other cases, we shall only be liable – unless otherwise stipulated in paragraph 3 – in the event of a breach of a contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer could regularly rely, limited to compensation for foreseeable and typical damage. In all other cases, our liability is excluded, subject to the provision in paragraph 3.

(3) Liability for damages resulting from injury to life, body or health and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.

10 Copyrights

Use of the images and texts is not permitted without our express consent. We hold the copyright to all images and texts.

11 Applicable law

(1) German law shall apply exclusively. This choice of law shall only apply to a consumer insofar as it does not restrict any mandatory statutory provisions of the country in which the consumer is domiciled or habitually resident.

(2) If the customer is an entrepreneur within the meaning of § 14 BGB, the place of jurisdiction for all disputes arising from the contractual relationship between the customer and us shall be Cologne.

(3) Should one or more clauses of these terms and conditions be wholly or partially invalid, this shall not affect the validity of the remaining provisions.

12. data protection

(1) Customer data is only collected in the context of processing contracts. The statutory provisions, in particular the German Telemedia Act (TMG) and the German Federal Data Protection Act (BDSG), shall be observed. The customer’s inventory and usage data is only collected, processed or used insofar as this is necessary for the execution of the contractual relationship.

(2) If you merely visit our website, the IP address currently used by your internet-enabled device, the date and time, the browser type and operating system of your internet-enabled device and the pages you view will be logged. However, this does not allow us to draw any conclusions about personal data.

(3) When using the contact form for inquiries, we only collect personal data to the extent provided by you. We only use your email address to process your request. Your data will then be deleted unless you have consented to further processing and use.

(4) When initiating, concluding, processing and reversing a purchase contract, we collect, store and process data in accordance with the statutory provisions. Once the contract has been fully processed, all personal data will initially be stored in accordance with tax and commercial retention periods (up to 10 years) and then deleted after this period has expired, unless you have consented to further processing and use.

(5) The customer’s data will not be used for the purposes of advertising, market or opinion research unless the customer has expressly consented to this.

(6) Your data will not be passed on to third parties without your express consent. The only exceptions to this are our service partners, who we need to process the contractual relationship. In order to process payments, we pass on your payment data to the credit institution commissioned with the payment. In these cases, we strictly observe the provisions of the Federal Data Protection Act.

(7) If you no longer agree to the storage of your personal data or if it has become incorrect, we will arrange for the deletion, correction or blocking of your data within the framework of the statutory provisions. Upon request, you will receive information free of charge about all personal data that we have stored about you. If you have any questions regarding the collection, processing or use of your personal data, for information, correction, blocking or deletion of data, please contact: info@elewanatural.com or ELEWA Natural, Mühlenweg 15, 57399 Kirchhundem