General Terms and Conditions of Elephant Network GmbHwww.elephant-network.com
1. Scope of application
The following General Terms and Conditions (GTC) apply to the mediation of services and products by Elephant Network GmbH (hereinafter referred to as "Elephant Network"). The General Terms and Conditions are part of all contracts concluded by buyers (meaning both consumers in the sense of § 13 BGB and entrepreneurs in the sense of § 14 BGB, see section 5.8 of these General Terms and Conditions) - hereinafter referred to as "buyers" - via the portal elephant-network.com (hereinafter referred to as "marketplace") with the sellers mentioned in section 3.
(1) A registration by the buyer is not a mandatory requirement for mediation via Elephant Network, but it is necessary in order to be able to use all advantages of the platform. Only single, fully contractually capable natural persons, legal entities and partnerships can register.
(2) When registering a customer account, complete address data, an e-mail address and a user name and password must be provided. These details must be true and complete. In case of incorrect and incomplete information Elephant Network is entitled to cancel or delete the customer account. The buyer commits himself to inform Elephant Network about future changes of his data unsolicited and immediately.
(3) There is no right to registration.
(4) The buyer can cancel the registration via the account registration at any time without notice and without giving reasons.
3. Contracting party
(1) The contractual partner of the buyer at the conclusion of the sales contract is in any case the respective seller. For marketplace dealers who offer products on Elephant Network, the marketplace only provides a mediation portal that brings together prospective buyers and marketplace dealers. With each offer the seller is explicitly identified. Via the marketplace different articles can be ordered by one or more sellers.
(2) In the course of the ordering process, it is displayed with which seller the buyer concludes the purchase contract.
4. product descriptions
(1) The essential features of the services offered are derived from the product descriptions of the respective marketplace merchant. The marketplace assumes no responsibility for the accuracy and completeness of the product descriptions.
(2) The prices defined in the product descriptions can be (a) fixed prices that the seller will charge the customer in the event of a sale, possibly with adjustments to VAT or (b) so-called guide prices for offers that are only available after consultation with can be determined in full for the customer. Normally, guide prices indicate daily or hourly rates or fees for the respective service provider; these usually include travel costs, license costs, material costs, etc. The final product price is coordinated and offered by the seller with the customer on this basis for the specific customer project. For providers of the Elephant Network marketplaces, the ultimately calculated unit rate may not deviate by more than 15% from the stated marketplace target price.
5. Conclusion of the contract
(1) The presentation of the goods in the internet shop does not constitute a binding offer by the seller to conclude a sales contract. The buyer is hereby merely requested to submit an offer by placing an order.
(2) The buyer can find an article at Elephant Network and put the article into the shopping cart without obligation. A binding offer will only be made at Elephant Network after the buyer has gone through the ordering process on the marketplace (elephant-network.com) by entering the required information and in the last step clicks on the corresponding clearly labelled "Buy" button. When the buyer has completed the order, the buyer will be informed by e-mail that his order has been received. This confirmation of receipt does not constitute an acceptance of the offer by the seller, but is only intended to inform the buyer that an order has been received.
(3) The seller confirms the receipt of the buyer's order by sending a confirmation e-mail. This order confirmation does not yet represent the acceptance of the contract offer by the seller.
(4) A sales contract is only concluded when the seller accepts the buyer's offer by sending an order confirmation or when the buyer receives the ordered goods.
(5) The concrete order data as well as the purchase conditions, legal information and general terms and conditions and the data protection declaration are sent to the buyer by e-mail, whereby the marketplace for sellers in the sense of section 3 case 2 exclusively assumes the role of a messenger.
(6) The buyer's orders are stored by the seller after conclusion of the contract. Should the buyer lose the documents relating to his order, he is requested to contact the seller immediately by e-mail. The seller will gladly send a copy of the data.
(7) By placing an order, the purchaser agrees that contract-related communication can be made in electronic form (by e-mail).
(8) The goods offered by Elephant Network are only sold to consumers as defined by § 13 BGB and/or entrepreneurs as defined by § 14 BGB. The commercial resale of goods is not allowed. Elephant Network therefore reserves the right not to accept offers of contract that give the impression that they have been made for the purpose of commercial resale of the goods.
6. Retention of title and offsetting
(1) Upon conclusion of the purchase contract, the purchase price is due immediately, unless otherwise agreed for certain payment methods.
(2) In the case of consumers, the seller retains title to the purchased item until the invoice amount has been paid in full. If the buyer is an entrepreneur in the exercise of a commercial or independent professional activity, a legal entity under public law or a special fund under public law, the seller retains title to the purchased item until all outstanding claims from the business relationship with the buyer have been settled. The corresponding security rights are transferable to third parties.
(3) The buyer is only entitled to a right of set-off if the counterclaims have been legally established or are undisputed or acknowledged by the seller. In addition, the buyer has a right of retention only if and insofar as his counterclaim is based on the same contractual relationship.
(4) If the buyer is in default with any payment obligations to the seller, all existing claims shall become due immediately.
(1) The price indicated with the respective offer includes the value added tax valid at the time of the order process.
(2) In addition, the total costs at the end of the ordering process before submitting the contract declaration will be indicated once again. There you can see what the selected goods cost including VAT and which payment surcharges, which are to be borne by the buyer, are incurred.
(1) Payment for the ordered service is made by the buyer directly to the payment method specified by the seller. Typical payment methods are prepayment by bank transfer, PayPal, credit card payment, immediate transfer, purchase on account or direct debit.
(2) If the payment (e.g. by credit card payment or immediate bank transfer) to sellers in the sense of clause 3 case 2 is made via Elephant Network, the buyer shall make the payment with debt-discharging effect to Elephant Network. Elephant Network will only make a corresponding payment to the seller after the goods have been released to the buyer.
10. Delivery area / Conditions
(1) Delivery is made within Germany and to other countries determined by the seller, which are displayed during the ordering process and can then be selected by the buyer.
11. Special conditions for assembly/installation services
If the seller is also responsible for providing the service according to the content of the contract, the following applies:
(1) The seller shall provide his services either in his own person or through qualified personnel selected by him. In doing so, the Seller may also use the services of third parties (subcontractors) who act on his behalf. Unless otherwise stated in the Seller's service description, the Customer has no right to select a specific person to perform the desired service.
(2) The customer shall provide the seller with the information required for the provision of the service owed in full and truthfully, insofar as the procurement of such information does not fall within the seller's scope of duties according to the content of the contract.
(3) The seller will contact the customer after the conclusion of the contract in order to arrange a date with the customer for the service owed, if necessary.
12. Warranty and liability
(1) The warranty rights of the buyer are based on the general statutory provisions, unless otherwise specified below. The regulations contained in the contractual relationship concluded there shall apply to the Buyer's claims for damages against the Seller.
(2) The buyer shall only be entitled to compensation for damages if the seller in accordance with section 3 case 1 or section 3 case 2, his legal representatives or vicarious agents act with intent or gross negligence, as well as in the case of culpable injury to life, body, health or an essential contractual obligation. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract, e.g. the seller must hand over the item to the buyer free of material defects and defects of title and procure ownership of it. In addition, compensation shall be paid in the event of a legally binding liability under the Product Liability Act.
(3) Elephant Network rejects any liability for financial or other non-physical damages that can be connected to the operation of the marketplace, unless Elephant Network and/or its vicarious agents have caused such damages intentionally or by gross negligence. The aforementioned limitation of liability does not apply to damages resulting from the violation of essential contractual obligations (cardinal obligations).
(4) Furthermore, Elephant Network cannot be held liable for technically justified transmission delays or failures, unless Elephant Network has caused such information or transmission delays or failures in an intentional or grossly negligent manner. The market place does not assume any liability for the uninterrupted availability of the system as well as for system-related failures, interruptions and/or malfunctions of the technical equipment, as far as these symptoms are beyond the control of Elephant Network. In particular, the marketplace is not liable for disturbances of the quality of access to the service of Elephant Network due to force majeure or due to events Elephant Network is not responsible for, especially the failure of communication networks and gateways. In principle, Elephant Network is not liable for minor interruptions of the service.
13. Right of withdrawal for consumers
Consumers are entitled to a statutory right of withdrawal. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.
14 Right of revocation
You have the right to revoke the respective contract within fourteen days without giving reasons, provided
that the service has not yet been provided.
The handling and the consequences of your counterclaim are regulated by the respective seller with the buyer within the framework of the conclusion of the contract.
By using the marketplace, its services and offers and/or by using the websites of the marketplace, the buyer acknowledges the current data protection declaration, which can be viewed under the link "Data protection declaration" and which is sent to the buyer again with the order confirmation.
The buyer herewith grants Elephant Network the right to open e-mails to the buyer or to the respective contract partner/shop for reasons of quality assurance and to take note of their contents.
As soon as the buyer has entered and saved personal data in the central customer area of elephant-network.com and logs in, this communication will be encrypted from that moment on. elephant-network.com connects the buyer to security servers so that unauthorized persons cannot read the data. On the basis of the 256 Bit-Secure Socket Layer (SSL) encryption method elephant-network.com encrypts the data and transmits them in the secured "https-mode".
14 Information on the settlement of disputes under the Consumer Dispute Settlement Act
The Elephant Network GmbH informs according to §36, 37 VSBG that it is neither willing nor obliged to participate in dispute resolution procedures before a consumer arbitration board.
19. Final provisions
The law of the Federal Republic of Germany applies to these terms and conditions of purchase and general terms and conditions and the entire legal relationship between the buyer and Elephant Network.
Should individual provisions of the terms of purchase and/or general terms and conditions be or become invalid, this shall not affect the validity of the remaining provisions of this agreement. In the event of invalidity of individual or several provisions, the statutory provisions shall apply.
Elephant Network is entitled to change the terms and conditions of purchase and/or the general terms and conditions at any time, as far as essential regulations of the contractual relationship are not affected by this and as far as this is necessary to adapt to developments that were not foreseeable for Elephant Network at the time of the conclusion of the contract and whose non-consideration would noticeably disturb the balance of the contractual relationship. Furthermore, changes can be made in order to close regulatory gaps that have arisen after the conclusion of the contract. This is especially, but not exclusively, the case in the event of a change in case law that affects the regulations made in these terms and conditions of purchase and general terms and conditions.
Place of jurisdiction for all disputes arising from and/or in connection with this contractual relationship between the buyer and Elephant Network is the registered office of Elephant Network, provided that the buyer is a merchant, a legal entity under public law or a special fund under public law. For online dispute resolution according to Art. 14 para. 1 ODR-VO, the European Commission provides a platform for online dispute resolution (OS) which can be found at http://ec.europa.eu/consumers/odr/.
Status May 2020