Ts&Cs
General terms and conditions
(The following GTCs also contain legal information on your rights under the regulations on distance contracts and electronic commerce).
1. Scope
These General Terms and Conditions (GTC) shall apply to all deliveries made by Elbenwald GmbH (hereinafter: Elbenwald) to consumers pursuant to Section 13 of the German Civil Code (BGB). A consumer is any natural person who enters into a legal transaction for purposes which can predominantly be attributed neither to his commercial nor to his independent professional activity.
2. Time of the conclusion of the contract
The presentation of the products in the online shop does not constitute a legally binding offer, but an invitation to order. Errors excepted. By clicking the "Order" button, you place a binding order for the goods listed on the order page. The purchase contract is concluded when we accept your order by sending an order confirmation by e-mail immediately after receiving your order. The text of the contract is not stored by us and cannot be retrieved after the order process has been completed. However, you can print out the order data immediately after submitting the order.
3. Be a good person
By accepting these TOS, you further agree to be a good person. This includes, but is not limited to, behaviour such
as the following:
Be polite. Do not use too many exclamation or question marks in written conversation. Or even uppercase
letters!!!!!!1111. Hold the door open for others. Unless the person in question is still very far away, in which
case holding the door would only make you rush. Find something that makes you happy and stay true to that thing, no
matter what others think about it. Unless your passion has a negative impact on others. Pay attention to your gut
feeling and never ignore what is called "common sense". Don't just stop at the end of escalators. Throw your rubbish
in the bin, not on the floor.
4. Prices and shipping costs
The offered prices are gross prices and include statutory VAT plus shipping costs. VAT is shown separately on the invoice. The agreed prices are ex-warehouse from the delivery centre selected by Elbenwald. For packaging and shipping, Elbenwald charges a flat fee of EUR 4.90 within Germany for orders under EUR 70.00. From an order value of EUR 70.00, Elbenwald does not charge any additional costs for packaging and shipping within Germany. For packaging and express shipping within Germany, Elbenwald charges a flat fee of EUR 13.90. For packaging and shipping to Belgium, France, Italy, the Netherlands, Spain, and Austria, Elbenwald charges a flat fee of EUR 5.90. Elbenwald charges a flat fee of EUR 10.00 for packaging and shipping to the following countries: Switzerland, Bulgaria, Denmark, Estonia, Finland, Greece, Ireland, Croatia, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, Norway, Poland, Portugal, Romania, Sweden, Slovakia, Slovenia, Czech Republic, Hungary, United Kingdom, Cyprus. For oversized shipments, such as swords or bows, we charge a flat fee of EUR 20.00. This surcharge is indicated in the shopping cart before the order is completed.
5. Delivery
The delivery time within Germany is 1 to 3 working days, for shipments abroad four to seven working days. For bulky goods, the delivery time can take up to 14 days. We will indicate any deviating delivery times on the respective product page. You agree that we will send you an e-mail with tracking information for your shipment.
6. 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, has taken possession
of the last partial shipment or the last item. To exercise your right of withdrawal, you must inform us (Elbenwald
GmbH - Retouren, Am Seegraben 9-10, 03051 Cottbus, Germany, Tel.: +49-355-121010, Fax: +49-355-1210199,
info@elbenwald.de) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to
withdraw from this contract. You may use the enclosed model withdrawal form for this
purpose, which is, however, not
mandatory.
You can also fill in and submit the model withdrawal form or another clear declaration electronically on our website. If you make use of this option, we will send you a
confirmation of receipt of such revocation without delay
(e.g. by e-mail).
In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of
the right of revocation before the expiry of the revocation period.
Consequences of revocation
If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal 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; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us without delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. We shall bear the costs of returning the goods for returns from Germany, otherwise you shall bear the direct costs of returning the goods. You will 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 the condition, properties and functioning of the goods.
7. Retention of title
The delivered goods shall remain the property of Elbenwald until payment has been made in full.
The customer shall notify Elbenwald without delay if Elbenwald's rights to the delivered goods are impaired or
endangered by seizure or other measures by third parties, sending a copy of the seizure report and all other
documents required for an objection to seizure with the assurance that or to what extent the seized items are
identical to the delivered goods. In addition, the customer shall immediately notify the attachment creditor or
other third parties in writing of Elbenwald's right of ownership. Even before the secured claims have been satisfied
in full, Elbenwald is obliged to release the securities to which it is entitled to the customer in whole or in part
upon request, insofar as the realisable value of all securities exceeds 110 % of the secured claims not only
temporarily.
8. Warranty
All goods from our shop are subject to statutory warranty rights.
9. Payment by invoice
We offer purchase on account as a payment option. When paying by invoice, you never have to provide your account
details and you only pay when you have received the goods.
With the invoice payment method, delivery to a delivery address that differs from the invoice address is not
possible. We ask for your understanding in this matter.
With purchase on account, you always receive the goods first and you always have a payment period of 14 days after
invoicing. The invoice will be sent to you by e-mail at the same time as the goods are dispatched.
We check and evaluate your data and, if there is a justified reason, exchange data with other companies and credit
agencies (credit assessment). If your creditworthiness is not guaranteed, we can refuse you the invoice payment
method and you have the option of using alternative payment methods. Your personal details will be treated in accordance
with the Data Protection Act and will not be passed on to third parties for advertising purposes.
Additional terms and
conditions of our service provider apply to invoice and instalment purchases.
10. Society for the Promotion of Elfish Welfare
By accepting these terms and conditions, you automatically join the Society for the Promotion of Elfish Welfare (S.P.E.W.) and commit to standing up for the rights of house-elves at all times and places, to the best of your knowledge and conscience. Please send the one-time membership fee of two Sickles via owl to:
Elbenwald GmbH
Department for All Things Magical
Online Dispute Resolution Platform
Out-of-court dispute resolution
The European Union has established an online platform ("ODR platform") for the out-of-court settlement of consumer
disputes. The ODR platform is intended to serve as a contact point for the out-of-court settlement of disputes
concerning contractual obligations arising from online sales contracts. The platform can be found at
http://ec.europa.eu/consumers/odr.
Consumer dispute resolution in accordance with the Consumer Dispute Resolution Act (VSBG):
As a matter of principle, we are not willing or obliged to participate in dispute resolution proceedings before a
consumer arbitration board.