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Summary
1. Terms and definitions
For the purposes of these GTC, the terms hereinafter shall have the following meaning:
2. Scope
2.1 These GTC of the Seller apply to all contracts for the supply of goods that a Customer concludes with the Seller regarding the goods presented by the Seller in his online shop.
2.2 The inclusion of the Customer’s own terms and conditions is hereby rejected unless otherwise agreed in writing between the Parties.
2.3 These GTC also apply correspondingly to contracts for the supply of vouchers unless otherwise stipulated.
3. Offer and Conclusion of Contract
3.1 The product descriptions contained in the Seller's online shop do not constitute binding offers by the Seller but are intended as an invitation to the Customer to submit a binding offer.
3.2 The Customer can submit an offer via the online order form of the Seller's online shop. In doing so, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding purchase or contract offer regarding the goods contained in the shopping cart by clicking the button that completes the ordering process.
3.3 The Seller may accept the Customer's offer at its full discretion within five business days:
If more than one of the aforementioned alternatives occur, the contract shall be regarded ad concluded as soon as the first of the aforementioned alternatives occur. The period for accepting the offer begins on the day the Customer's offer is received by the Seller and ends upon expiry of the fifth day following the receipt of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, then this offer is considered as rejected and the Customer is no longer bound by its initial offer.
4. Online Ordering Process
4.1 When submitting an offer via the Seller's online order form, the contract text is sent by the Seller to the Customer via e-mail after the Customer's order has been sent. No further availability of the contract text shall be provided by the Seller. If the Customer has set up a user account in the Seller's online shop before submitting its order, the order data will be archived on the Seller's website and can be accessed by the Customer free of charge via its password-protected user account, provided the appropriate login data is entered.
4.2 Before submitting a binding order via the Seller's online order form, the Customer can identify any input errors by carefully reading the information displayed on the screen. The Customer can correct its entries during the electronic ordering process until he/she clicks the button that completes the ordering process.
4.3 The contract language available for the conclusion of the contract is German.
4.4 The order processing and contact usually take place via e-mail and automated order processing. The Customer must ensure that the e-mail address he/she provided for order processing is correct so that the e-mails sent by the Seller can be received at this address. In particular, the Customer must ensure that all e-mails sent by the Seller or third parties commissioned by the Seller to process the order can be delivered when using SPAM filters.
5. Prices and Payment Terms
5.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices that include statutory VAT. Any additional delivery and shipping costs that may be incurred will be calculated and shown separately during the checkout process.
5.2 The payment options are communicated to the Customer in the Seller's online shop. These payment options include:
- PayPal
- Credit card
- Klarna
- iDeal
- Apple Pay
- Google Pay
5.3 If the Customer selects one of the payment methods listed above, the payment will be processed via the respective payment service provider, subject to their applicable terms of use, which can be accessed at the following links:Â Â
5.4 If the purchase is made using a credit card, the Customer must enter their credit card details during the ordering process. The Customer's credit card will be charged immediately after the order has been completed. Â
6. Redemption of Gift Vouchers
6.1 Vouchers that can be purchased through the Seller's online shop (hereinafter referred to as "Gift Vouchers") can only be redeemed in the Seller's online shop unless otherwise stated on the voucher.
6.2 Gift Vouchers and remaining balances of Gift Vouchers can be redeemed until the end of the third year following the year of the voucher purchase. Remaining balances will be credited to the Customer until the expiry date.
6.3 Gift Vouchers can only be redeemed before completing the order process. Subsequent crediting is not possible.
6.4 Multiple Gift Vouchers can be redeemed in one order.
6.5 Gift Vouchers can only be used to purchase goods and not to buy additional Gift Vouchers.
6.6 If the value of the Gift Voucher is insufficient to cover the order, the difference can be paid using one of the other payment methods offered by the Seller.
6.7 The balance of a Gift Voucher will not be paid out in cash, nor will it accrue interest.
6.8 The Gift Voucher is transferable. The Seller can provide services with discharging effect to the respective holder who redeems the Gift Voucher in the Seller's online shop. This does not apply if the Seller is aware of, or is grossly negligent in failing to be aware of, the ineligibility, legal incapacity, or lack of authorization of the respective holder.
7. Redemption of Promotional Vouchers
7.1 Vouchers issued by the Seller free of charge as part of promotional campaigns with a specific validity period, which cannot be purchased by the Customer (hereinafter referred to as "Promotional Vouchers"), can only be redeemed in the Seller's online shop and only within the specified period.
7.2 Certain products may be excluded from the voucher promotion if such a restriction is evident from the content of the Promotional Voucher.
7.3 Promotional Vouchers can only be redeemed before completing the order process. Subsequent crediting is not possible.
7.4 Only one Promotional Voucher can be redeemed per order.
7.5 The value of the goods must be at least equal to the amount of the Promotional Voucher. Any remaining balance will not be refunded by the Seller.
7.6 If the value of the Promotional Voucher is insufficient to cover the order, the difference can be paid using one of the other payment methods offered by the Seller.
7.7 The balance of a Promotional Voucher will not be paid out in cash, nor will it accrue interest.
7.8 The Promotional Voucher will not be refunded if the Customer returns the goods paid for in whole or in part with the Promotional Voucher under their statutory right of withdrawal.
7.9 The Promotional Voucher is transferable. The Seller can provide services with discharging effect to the respective holder who redeems the Promotional Voucher in the Seller's online shop. This does not apply if the Seller is aware of or is grossly negligent in failing to be aware of, the ineligibility, legal incapacity, or lack of authorization of the respective holder.
8. Delivery and Shipping Conditions
8.1 If the Seller offers shipment of the goods, delivery will be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed between the Parties. To this purpose reference shall be made to the delivery address provided during the Seller's order processing.
8.2 If the delivery of the goods fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller. This does not apply to the costs of the initial shipment if the Customer effectively exercises its right of withdrawal. For the return shipping costs, the provisions of the Seller's cancellation policy shall apply if the Customer effectively exercises its right of withdrawal.
8.3 If the Customer:
- acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the goods to the carrier, freight forwarder, or other person or institution designated to execute the shipment;
- acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally does not pass to the Customer until the goods are handed over to the Customer or an authorized recipient. However, if the Customer commissions the carrier, freight forwarder, or other person or institution designated to execute the shipment, and the Seller has not previously entrusted this person or institution to the Customer, the risk passes to the Customer as soon as the Seller hands over the goods to the designated person or institution.
8.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies if the non-delivery is not attributable to the Seller and the Seller has exercised due care in securing a specific covering transaction with the supplier. The Seller will make all reasonable efforts to procure the goods. If the goods are unavailable or only partially available, the Customer will be informed immediately, and any consideration will be promptly refunded.
8.5 The Seller delivers exclusively to the following countries: EU Countries . Self-collection is not possible due to logistical reasons.
8.6 Vouchers are provided to the Customer via email.
9. Retention of Title
9.1 If the Seller provides advance performance, the Seller retains title to the delivered goods until full payment of the purchase price owed.
9.2 For entrepreneurs, the following also applies: the Seller retains title to the goods until full settlement of all claims arising from an ongoing business relationship. The Customer may resell the goods subject to retention of title in the ordinary course of business; all claims arising from such resale shall be assigned to the Seller in advance in the amount of the invoice value, regardless of any combination or commingling of the goods subject to retention of title with a new item, and the Seller hereby accepts such assignment. The Customer remains authorized to collect the claims, but the Seller may also collect the claims on his own to meet Customer’s payment obligations. The Seller will release the securities to which he is entitled at Customer’s request to the extent that the realizable value of the securities exceeds the claims to be secured by more than 10%.
10. Liability for Defects (Warranty)
10.1 Unless otherwise provided below, the statutory provisions for defect liability shall apply.
10.2 Notwithstanding the above, the following applies to contracts for the delivery of goods where the Customer acts as an entrepreneur:
10.3 The liability limitations and shortened periods specified above do not apply to claims for damages and reimbursement of expenses made by the Customer or in cases where the Seller has fraudulently concealed the defect.
10.4 Furthermore, for entrepreneurs, the statutory limitation periods for any recourse claims under applicable law remain unaffected.
10.5 If the Customer:
- acts as a merchant (Kaufmann) under § 1 HGB, he is subject to the commercial obligation to inspect and notify defects in accordance with § 377 HGB. If the Customer fails to comply with the notification obligations stipulated therein, the goods shall be deemed as approved;
- acts as a Consumer, he is requested to report any goods delivered with obvious transport damage to the delivery service and inform the Seller accordingly. Failure to do so does not affect the Customer's statutory or contractual claims for defects.
11. Right of Withdrawal
11.1 Consumers generally have a right of withdrawal.
11.2 Detailed information on the right of withdrawal can be found in the Seller's cancellation policy, which can be accessed via the following link:
https://erinora.com/right-of-withdrawal/
12. Applicable Law and Venue
12.1 All legal relationships between the Parties are governed by the laws of the Federal Republic of Germany, excluding the laws governing the international sale of goods.
12.2 For Consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the State in which the Consumer has its habitual residence.
12.3 If the Customer is an Entrepreneur, German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
12.4 If the Customer is a merchant (Kaufmann) as defined by §1 HGB, a legal entity under public law, or a special fund under public law, the exclusive jurisdiction for all disputes arising from contractual relationships between the Customer and the Seller is the latter’s place of business.
13. Alternative Dispute Resolution
13.1 The EU Commission provides a platform for online dispute resolution at the following link:
https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
13.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
14. Final Provision
Should any individual clauses of these GTC be wholly or partially invalid or ineffective the remaining clauses of the GTC shall remain fully valid and effective to the maximum extent permitted by law. Insofar as individual clauses are invalid, the content of the contract shall be governed by statutory provisions.