Terms of service

  1. Scope
    These general terms and conditions (AGB) apply to all orders via the web shop at ellinger-clothing.com. The contractual partner for all orders will yvolve GmbH. The current version of the terms and conditions applies at the time of the order. The contract is concluded exclusively in German.

  2. Conclusion of the contract
    1. Ordering
      In the web shop you can put articles in the shopping cart with the "In Cart" button. You can view the shopping cart at any time and remove individual items. You can start the ordering process with the "Go to the cash register" button.
      You can create a customer account or log in to your customer account as a registered customer. Then you have to select a payment method (see section 4). On the "Submit order" page you will see your entries again. You can jump back at any time and correct your entries or cancel the ordering process by leaving our website or closing the browser. Only when you click on the "Buy now" button will you submit a binding order. We will send you an input confirmation by email immediately after receipt of your order. A contract does not yet come about. Your contract text (the content of your order and this terms and conditions) will be saved and sent to you in the confirmation of receipt.
    2. Creating of the contract
      You can find out the duration of our action offers, which can also be limited in quantity, where they are shown in the shop.
      Despite careful storage, it can happen that an article is sold out faster than intended. Therefore, we do not guarantee delivery. The following applies: only while stocks last. This applies especially to special offers/action titles!
      The display of articles in the web shop is therefore not a binding contract offer from our website, but only a request to submit orders. A contract is only concluded if we expressly accept your order or carry out the delivery, to the corresponding scope.
    3. Special articles (youth protection)
      If you order films and games that do not have a age rating or are marked with "from 18", you have to be of legal age. Such articles are only delivered to Germany with the age and identity examination of Deutsche Post to Germany. Unfortunately, delivery abroad is therefore not possible. According to Germany, decoration weapons are also only delivered with age and identity examination. The details of the procedure can be found under Section 9.

  3. International customer service
    We provide you with a simple, comfortable and comprehensive customer service. However, we do not offer separate customer service for international customers. You can also go to the well -known service@yvolve.Shop also send an English -language request.
    This also applies to all subsidiaries and shops for which we only take over the processing (so-called white label shops).
    Depending on whether you in Ellinger-Shop, a subsidiary or a white label shop have placed your order, your data will always be sent to the yvolve GmbH transmit so that they have access to your order data in the service.

  4. Prices, shipping costs and payment
    There is no minimum order value!
    For a better overview, we have again listed all costs for postage, packaging and all offerings offered separately on an overview page. In our web shop, the prices mentioned in euros including VAT (currently 19% or 7% for books and magazines) are calculated. Added to this are postage and packaging as well as separate fees, depending on payment methods (e.g. cash on delivery).
    You can see all costs again before the final order completion, in the shopping cart checkout on the order confirmation page.

  5. Disposal and environmental protection
    Our suppliers have fulfilled their reporting obligations at the Federal Environment Agency.
    Notes on battery disposal:
    Batteries do not belong in household waste. As a consumer, you are legally obliged to return used batteries. You can hand over your old batteries to your place of residence at the public collection points or wherever batteries are sold. Of course, you can send the batteries available from us even after use with the note "used batteries" to the following address:

    yvolve GmbH
    - used batteries -
    Schwanenborg 9
    49835 Wietmarschen
    Germany

    The symbols shown on the batteries have the following meaning:
    PB = battery contains more than 0.004 mass percent lead
    CD = battery contains more than 0.002 mass percent cadmium
    HG = battery contains more than 0.0005 mass percent mercury

    The symbol of the crowded garbage can means that the battery must not be put in household waste.
    1. Electrical and electronic devices:
      Electrical and electronic devices must not be disposed of via household waste! As a consumer, you can hand in old electrical appliances free of charge at a public collection point of your place of residence.

  6. Complaints
    Online dispute resolution in accordance with Art. 14 Para. 1 ODR-VO:
    The European Commission provides a platform for online dispute settlement (OS) that you are under http://ec.europa.eu/consumers/odr/Find.
    Dispute settlement in front of a consumer dispute settlement body (§36 VSBG):
    We are neither ready nor obliged to participate in a dispute settlement procedure in front of a consumer arbitration board.

    Provider identification and accessibility of customer service: You can find our postal addresses, telephone/fax numbers and email addresses in our imprint.

  7. Delivery & delivery time
    Please refer Shipping conditions.

  8. Warranty and liability
    Attention: We are not liable for the suitability of the goods for a specific purpose. What does that mean? A T-shirt is made to put on, a CD to listen etc. If you want to do something completely different with the articles (for example, make a hammock from T-shirts), then this is not our fault if it doesn't work and you do it and you falls on the nose.
    For services of other providers such as vouchers or tickets, we are only mediators (see section 8.1). Warranty claims are to be addressed to the respective contractual partner.
    We are liable for damage from the culpable violation of life, body or health as well as according to the Product Liability Act. We are only liable for other damage if the damage by us or a legal representative, employee or vicarious agent was caused intentionally or grossly negligent. We are also liable in the event of slightly negligent violations of essential contractual obligations (such obligations, the fulfillment of which enable the proper execution of the contract in the first place and that the contractual partner can regularly trust).

  9. Protection
    1. Exam by the postman
      Your data will be checked by the postman at the front door and must exactly meet what you have specified, so keep the ID ready! The delivery and billing address must correspond exactly to the address that is noted on the ID card! The same applies to the name to which the order was made. The name of the customer must match the holder of the ID card! The presentation of a driver's license or the like is not sufficient to hand it over to the shipment.
      Conclusion: A delivery to mailbox and packing station addresses is not possible. You also cannot authorize anyone to accept or pick up the package.
    2. Recipient not encountered
      What happens if the delivery cannot be delivered? As a rule, the postman leaves a notification in the mailbox. With this notification you can pick up your order at the nearest post office. The age and identity examination is then carried out there. Alternatively, you can fill out the notification card to apply for a new delivery attempt.
    3. Exam failed
      If either your identity cannot be clearly determined, your information was wrong or if you are not yet of legal age, delivery is not possible. In this case, the program will be returned to us. We will then reimburse the invoice amount (including the additional fee; the shipping costs will be reimbursed if the entire delivery goes back to us).
    4. Age and identity examination for films, computers and video games
      A delivery of films, computer and video games that are marked according to § 14 JuschG (Youth Protection Act) "from 18" or have not yet received an aging approval is not possible to minors. Ellinger send such articles exclusively with the age and identity examination of the Deutsche Post. This is necessary due to legal provisions for articles "from 18" within Germany to ensure that no delivery to minors is handed over. An age and identity examination can only be carried out in Germany. Luxembourg is excluded from this service.
    5. Additional information on the ordering process
      If there is a title "from 18" in your shopping cart, you will be asked to provide data from a valid ID card or passport during the ordering process. In order to carry out an age and identity examination, specifying the type of ID, ID number and exhibition authority is imperative. The data is treated according to the Federal Data Protection Act and deleted after 90 days. The delivery and billing address must correspond exactly to the address that is noted on the ID card! The name of the customer must also correspond exactly to the information on the ID card.
    6. Process procedure expiry
    7. Pre -order not yet certified by the USK or FSK
      In computer and video games, the age marking is only carried out by the USK (entertainment software self-control) shortly before the release date. However, you can pre -order the article before the classification is made. The same applies to films, the labeling of which is still pending from the FSK (voluntary self -control of the film industry). In such a case, please note that if a classification by the FSK or USK "from 18" takes place afterwards, the shipping method changes automatically. The age and identity examination is due (but not the additional fee of € 4.95). In this case, we will inform you about the change by email. With your order, you agree that shipping with age and identity examination may take place.
    8. Age and identity test for decorative weapons (swords, daggers and similar articles)
      If you want to order a decorative weapon, you have to be at least 18 years old, there is nothing to be done underneath. The swords we offer are decorative pieces, which are only available freely from the age of 18. In Germany, as with films, video and computer games, an age and identification test is carried out and the additional fee is incurred.
      Unfortunately, shipping abroad is not dispatched.
    9. Note on decorative weapons
      Dealing with the decorative pieces we have sold is subject to the restrictions of the German Weapons Act. In particular, the owner has to take the necessary precautions to prevent these objects from being lost or third parties take them unauthorized. With a few exceptions, leading the decorations offered is completely prohibited in public. We do not accept any liability for damage to the goods and/or people or things, caused by the improper use of the products we deliver or through misuse.

  10. Ordering tickets and vouchers
    1. Tickets and vouchers for services from other providers
      If tickets for events are offered in the web shop, we would like to point out that we are not an organizer, i.e. we sell the ticket, but the event is carried out by another person/company. The organizer is usually noted on the ticket. We are not responsible for the ordinary implementation of the event. The contract for the implementation of the event is concluded with the organizer. The same applies to vouchers for services from other providers: your contractual partner is the provider of the service called on the voucher. If you have any questions about the event, please contact the organizer directly. You can refer to the organizer. Ordered tickets are excluded from the right of withdrawal! Every order of tickets is binding immediately after confirmation and obliges to accept and pay the order. We can cancel the ticket purchase if you violate a condition of the organizer or from us, to which the pre -sale was pointed out, or try to bypass them (e.g. violation of the limitation of ticket quantities per customer, circumventing attempt by registration and use of several user profiles, Referral prohibitions etc.). The cancellation/withdrawal can also be explained by credit of the amounts paid.

  11. Final provisions
    These conditions and all purchase contracts concluded in accordance with these conditions are subject to German law, excluding the UN sales law.

    As a private end consumer, if you have no residence within the European Union, our place of jurisdiction is a place of jurisdiction. Otherwise, your residence is a place of jurisdiction, but you can also assert claims against us at our business.

  12. Provider identification according to the Telemedia Act (§5 TMG)

    Address:
    yvolve GmbH
    Schwanenborg 9
    49835 Wietmarschen
    Germany

    Postal address for returns:
    yvolve Logistics - return service
    Schwanenborg 9
    49835 Wietmarschen
    Germany

    VAT-IDNr.: DE292319660
    Commercial register: entered at the Osnabrück District Court, HRB 207774
    Managing Director: Ronny Lethmate and Florian Drees

    Contact from Germany:
    Phone: +49 5908 2209570
    Mon-Fri 9 a.m. to 5 p.m. (except public holidays)
    E-mail:service@yvolve.Shop

    Online dispute resolution in accordance with Art. 14 Para. 1 ODR-VO:
    The European Commission provides a platform for online dispute settlement (OS), which it http://ec.europa.eu/consumers/odr/ Find.

    Dispute settlement in front of a consumer dispute settlement body (§36 VSBG):
    We are neither ready nor obliged to participate in a dispute settlement procedure in front of a consumer arbitration board.