Terms & Conditions
General Terms and Conditions with Customer Information Table of Contents
1. Provider, Customer Group and Scope
Paul Wötzel, Theo Wötzel
elk market development gmbh
mathiesenstrasse 16 b
+49 341 124 89 84
2. Conclusion of Contract
Die Produktpräsentationen im Webshop von Elk Market Development GmbH stellen noch kein verbindliches Angebot dar. Die Produktpräsentationen dienen zur Abgabe eines verbindlichen Kaufangebotes durch Sie.2.2
You can change your offer
- in written form,
- by email,
- by phone,
- online using the shopping cart system integrated in the Elk Market Development GmbH web shop.
By clicking on the "Buy now" button via the shopping cart system to complete the ordering process and thereby sending your order to Elk Market Development GmbH, you are making a binding offer (§ 145 BGB) to purchase the goods.
Elk Market Development GmbH can change your offer
- within one working day by sending a written order confirmation or an order confirmation in text form by email, whereby in this case the receipt of the order confirmation by you is decisive,
- or by delivering the ordered goods within five working days, in which case the receipt of the goods by you is decisive,
- or by requesting payment.
If there are several of the above alternatives, the contract is concluded at the point in time at which one of the above alternatives occurs first.
3. Right of Withdrawal
In principle, consumers are entitled to a right of withdrawal. Further information on the right of withdrawal can be found in the cancellation policy of Elk Market Development GmbH.
4. Prices, shipping costs and terms of payment
Payment can be made either:
- by direct debit,
- cash on delivery.
Unless otherwise stated, the prices stated on the product pages include statutory sales tax and other price components.
The individual payment options offered by Elk Market Development GmbH result from the information in the web shop.
Ist Vorauskasse vereinbart, ist die Zahlung sofort nach Vertragsschluss fällig.
If direct debit is agreed, Elk Market Development GmbH is revocably authorized to collect the invoice amount from the account you specified. The direct debit takes place when the ordered goods leave the warehouse of Elk Market Development GmbH. If the direct debit is not redeemed due to insufficient funds in the account or because you have provided incorrect bank details, or if you object to the debit although you are not entitled to do so, you must bear the fees incurred by the respective bank if you are responsible for this.
If delivery on account has been agreed, the invoice amount is due for payment within 14 (fourteen) days of complete delivery without deduction, unless otherwise agreed. You will be informed of the account details upon receipt of the invoice.
If delivery on account by cash on delivery has been agreed, the invoice amount is due when the goods are handed over to you plus a cash on delivery fee of EUR 5.00. The amount is to be paid in cash to an authorized recipient appointed by Elk Market Development GmbH.
5. Terms of delivery and shipping, reservation of self-supply
Elk Market Development GmbH ships its goods within Germany and Austria. For deliveries to other countries, please contact us.
The delivery time is, unless otherwise stated in the offer,
- if payment in advance has been agreed, 3 working days calculated from the following working day after receipt of payment;
- otherwise 5 working days after the working day following the conclusion of the contract.
Unless expressly agreed otherwise, Elk Market Development GmbH shall determine the appropriate mode of dispatch and the transport company at its reasonable discretion.
Goods will be delivered to the delivery address specified by you.
If delivery to the delivery address you have specified is not possible and the transport company therefore sends the shipped goods back to Elk Market Development GmbH, you will bear the costs for the unsuccessful shipment. This does not apply if you are not responsible for the circumstance that led to the impossibility of delivery or if you were temporarily prevented from accepting the service offered, unless Elk Market Development GmbH has given you the service a reasonable time in advance had announced.
If the ordered product is not available because Elk Market Development GmbH is not supplied with this product by the supplier through no fault of their own, Elk Market Development GmbH can withdraw from the contract. In this case, Elk Market Development GmbH will inform you immediately and reimburse you for any consideration you have already provided.
It is not possible to collect items from Elk Market Development GmbH's registered office.
Unless otherwise expressly agreed, your warranty claims are based on the statutory provisions of sales law (§§ 433 ff. BGB). In addition, the statutory provisions apply to the warranty.
The limitation period for claims for defects is two years from the delivery of the goods to you. This does not apply to claims for damages and expenses that can be asserted in accordance with Section 8 of these General Terms and Conditions.
If the supplementary performance has taken place by way of a replacement delivery, you are obliged to return the defective goods to Elk Market Development GmbH within 30 days at Elk Market Development GmbH's expense. You have to send back the defective goods according to the legal regulations.
7. Retention of title, Right of retention
Elk Market Development GmbH behält sich gegenüber Verbrauchern bis zur vollständigen Bezahlung des Kaufpreises das Eigentum an der gelieferten Ware vor.7.2
You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
Unlimited liability: Elk Market Development GmbH has unlimited liability for intent and gross negligence as well as in accordance with the Product Liability Act. In the case of slight negligence, Elk Market Development GmbH is liable for damage resulting from injury to life, limb and health.
The following limited liability also applies: In the case of slight negligence, Elk Market Development GmbH is only liable in the event of a breach of a material contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which you can regularly rely (cardinal obligation). The amount of liability for slight negligence is limited to the damage that was foreseeable at the time the contract was concluded and the occurrence of which must typically be expected.
The above liability regulations also apply with regard to the liability of Elk Market Development GmbH for its vicarious agents and legal representatives.
9. Code of Conduct
Elk Market Development GmbH has submitted to the Trusted Shops quality criteria, which can be accessed on the Internet at http://www.trustedshops.de/guetesiegel/ individual criteria.html.
10. Final Provisions
The purchase contract concluded between you and Elk Market Development GmbH is subject to the law of the Federal Republic of Germany, subject to mandatory international private law regulations, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
Should one or more provisions of these General Terms and Conditions be or become invalid, this shall not affect the validity of the other provisions.
Last update: 01.08.2023