General Terms and Conditions and Customer Information
General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts you enter into with us as the provider (yvolve GmbH) via the website ellinger-clothing.com/. Unless otherwise agreed, the inclusion of any terms and conditions you may use is hereby excluded.
(2) A “consumer” within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their independent professional activity. A “business” is any natural or legal person, or a partnership with legal capacity, that acts in the course of its independent professional or commercial activity when entering into a legal transaction.
§ 2 Accessibility
(1) Pursuant to § 14(1)(2) in conjunction with Annex 3(1) of the BFSG, we provide information on how our website and our e-commerce services comply with the accessibility requirements of the relevant regulation (BFSGV). This information is accessible via a separate, appropriately labeled button (e.g., “Accessibility Statement” or a similar label) on our website and includes, in particular, the following points:
- a description of the applicable accessibility requirements;
- a general description of the service in an accessible format;
- descriptions and explanations necessary for understanding how the service is provided;
- a description of how the service meets the relevant accessibility requirements.
(2) The contact information for the competent market surveillance authority is as follows:
State Market Surveillance Agency for the Accessibility of Products and Services – Public-Law Institution (MLBF AöR)
Carl-Miller-Str. 6
39112 Magdeburg
Phone: +49 391 567 6970
Email: kontakt@mlbf-barrierefrei.de
(3) We may use artificial intelligence (AI) and specialized tools to implement accessibility requirements on our website. This is intended to accommodate a wide range of potential disabilities, including visual, auditory, physical, speech, cognitive, and neurological impairments. Further details can be found by clicking the separate, appropriately labeled button on our website mentioned in paragraph 1.
(4) Our website and our e-commerce services are considered accessible if they can be found, accessed, and used by people with disabilities in the manner generally expected, without undue difficulty, and, in principle, without the need for assistance from others.
(5) Measures to implement accessibility requirements include, for example, clearly recognizable font sizes and sufficient color contrast, navigability via mouse and keyboard, alternative text for images, captions, and audio descriptions in videos (to the extent that videos are embedded on the website), easy-to-read and understandable language, compatibility with all common screen readers (screen-reading aids), and customizable display options for various devices (smartphones, tablets, desktop computers, etc.).
§ 3 Formation of the Contract
(1) The subject matter of the contract is the sale of goods.
(2) By listing the respective product on our website, we are making you a binding offer to enter into a contract via the online shopping cart system under the terms specified in the product description.
(3) The contract is formed via the online shopping cart system as follows:
The goods you intend to purchase are placed in the “Shopping Cart.” You can access the “Shopping Cart” via the corresponding button in the navigation bar and make changes there at any time.
After clicking the “Checkout” or “Proceed to Order” button (or similar label) and entering your personal information as well as the payment and shipping details, the order details will be displayed to you as an order summary.
If you use an instant payment system (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as your payment method, you will either be directed to the order summary page in our online store or redirected to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, you will make the appropriate selections or enter your information there. Finally, the order details will be displayed as an order summary on the website of the instant payment system provider or after you have been redirected back to our online store.
Before submitting the order, you have the option to review the information in the order summary once more, make changes (including by using your web browser’s “Back” button), or cancel the order.
By submitting the order via the corresponding button (“Place Order with Obligation to Pay,” “Buy” / “Buy Now,” “Order with Obligation to Pay,” “Pay” / “Pay Now,” or a similar label), you legally and bindingly accept the offer, thereby entering into the contract.
(4) The processing of the order and the transmission of all information required in connection with the conclusion of the contract are carried out via email, in part automatically. You must therefore ensure that the email address you have provided to us is correct, that receipt of the emails is technically ensured, and, in particular, that it is not blocked by spam filters.
§ 4 Special Provisions Regarding Offered Payment Methods
(1) Payment via “PayPal” / “PayPal Checkout”
If you select a payment method offered via “PayPal” / “PayPal Checkout,” payment processing is handled by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; “PayPal”). The individual payment methods available through “PayPal” are displayed under a corresponding button on our website as well as during the online ordering process. “PayPal” may use additional payment services to process payments; if special payment terms apply in this regard, you will be notified of them separately. For more information about “PayPal,” please visit https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
(2) Payment via “Shopify Payments”
If you select a payment method offered via “Shopify Payments,” the Shopify Payments service provided by Shopify International Limited (2nd Floor Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland), payment processing is handled by the payment service provider Stripe Payments Europe, Ltd. (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland; “Stripe”). The individual payment methods available through Shopify Payments are displayed under a corresponding button on our website as well as during the online ordering process. Stripe may use additional payment services to process payments; if special payment terms apply in this regard, you will be notified of them separately. For more information about Shopify Payments, please visit https://www.shopify.com/de/legal/terms-payments/de.
Section 5 Right of Retention, Retention of Title
(1) You may exercise a right of retention only to the extent that it relates to claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 6 Warranty
(1) The statutory rights regarding liability for defects apply.
(2) As a consumer, you are asked to inspect the goods immediately upon delivery for completeness, obvious defects, and shipping damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so shall not affect your statutory warranty claims.
(3) To the extent that a characteristic of the goods deviates from objective requirements, such deviation shall be deemed agreed upon only if we informed you of it prior to your submission of the contractual declaration and the deviation was expressly and separately agreed upon between the contracting parties.
§ 7 Governing Law, Place of Performance, Jurisdiction
(1) German law applies. For consumers, this choice of law applies only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country where the consumer has their habitual residence (principle of favorability).
(2) The place of performance for all obligations arising from business relationships with us, as well as the venue, is our registered office, provided that you are not a consumer but rather a merchant, a legal entity under public law, or a special fund under public law. The same applies if you do not have a general venue in Germany or the EU, or if your domicile or habitual residence is unknown at the time the action is filed. The right to bring an action before a court at another statutory place of jurisdiction remains unaffected by this provision.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are expressly excluded.
II. Customer Information
1. Identity of the Seller
yvolve GmbH
Schwanenborg 9
49835 Wietmarschen-Lohne
Germany
Phone: +49 5908 2209570
Email: service@ellinger-clothing.com
We are neither willing nor obligated to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on the Formation of the Contract
The technical steps leading to the conclusion of the contract, the conclusion of the contract itself, and the options for correction are governed by the provisions titled “Formation of the Contract” in our General Terms and Conditions (Part I).
3. Contract Language, Storage of the Contract Text
3.1. The contract language is German.
3.2. We do not store the complete text of the contract. Before submitting the order via the online shopping cart system, the contract details can be printed using the browser’s print function or saved electronically. Once we receive the order, the order details, the information required by law for distance sales contracts, and the General Terms and Conditions will be sent to you again via email.
4. Essential Characteristics of the Goods or Services
The essential characteristics of the goods and/or services are specified in the respective offer.
5. Prices and Payment Terms
5.1. The prices listed in the respective offers, as well as the shipping costs, represent total prices. They include all price components, including all applicable taxes.
5.2. The applicable shipping costs are not included in the purchase price. They can be accessed via a button labeled accordingly on our website or in the respective offer, are shown separately during the ordering process, and must be paid by you in addition to the purchase price, unless free shipping has been promised.
5.3. If delivery is made to countries outside the European Union, additional costs beyond our control may apply, such as customs duties, taxes, or money transfer fees (bank transfer or exchange rate fees charged by financial institutions), which you are responsible for paying.
5.4. Any costs incurred for the money transfer (bank transfer or exchange rate fees charged by financial institutions) are your responsibility in cases where the delivery is made to an EU member state but the payment was initiated from outside the European Union.
5.5. The payment methods available to you are listed under a corresponding button on our website or in the respective offer.
5.6. Unless otherwise specified for individual payment methods, payment obligations arising from the concluded contract are due immediately.
6. Delivery Terms
6.1. The delivery terms, the delivery date, and any applicable delivery restrictions can be found under a button labeled accordingly on our website or in the respective offer.
6.2. If you are a consumer, the law provides that the risk of accidental loss or accidental deterioration of the item sold during shipment does not pass to you until the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a carrier not designated by the merchant or any other person designated to carry out the shipment.
7. Statutory Liability for Defects
Liability for defects is governed by the “Warranty” provisions in our General Terms and Conditions (Part I).
These General Terms and Conditions and customer information were drafted by lawyers at Händlerbund specializing in IT law and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal validity of the texts and assumes liability in the event of cease-and-desist letters. For more information, please visit: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.