Terms and Conditions

Table of contents
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1. Scope
2. Conclusion of contract
3. Right of withdrawal
4. Prices and payment terms
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects (warranty)
8. Applicable law
9. Alternative dispute resolution

1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of the sole proprietorship Eva Atanasow, The Elephanthouse (hereinafter "seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "customer") concludes with the seller regarding the goods presented by the seller in their online shop. The inclusion of the customer's own conditions is hereby contradicted, unless otherwise agreed.

1.2 A consumer in the sense of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly not attributable to their commercial or independent professional activity.

1.3 An entrepreneur in the sense of these terms and conditions is a natural or legal person or a partnership with legal capacity that acts in the exercise of their commercial or independent professional activity when concluding a legal transaction.

2) Conclusion of contract

2.1 The product descriptions contained in the seller's online shop do not constitute binding offers from the seller, but serve to submit a binding offer by the customer.

2.2 The customer can submit the offer using the online order form integrated into the seller's online shop. In doing so, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that completes the ordering process. Furthermore, the customer can also submit the offer via email or through the online contact form to the seller.

2.3 The seller can accept the customer's offer within five days,

- by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the customer is decisive, or

- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or

- by requesting payment from the customer after they have placed their order.

If multiple of the aforementioned alternatives are present, the contract is concluded at the moment one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends with the expiration of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is considered a rejection of the offer, resulting in the customer no longer being bound by their declaration of intent.

2.4 When selecting a payment method offered by PayPal, the payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), in accordance with the PayPal terms of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - in accordance with the terms for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller hereby declares acceptance of the customer's offer at the moment the customer clicks the button that completes the ordering process.

2.5 When submitting an offer via the seller's online order form, the contract text is stored by the seller after the conclusion of the contract and is transmitted to the customer in text form (e.g., email, fax, or letter) after the submission of their order. There is no further accessibility of the contract text by the seller. If the customer has set up a user account in the seller's online shop before submitting their order, the order data will be archived on the seller's website and can be retrieved by the customer free of charge via their password-protected user account by providing the corresponding login details.

2.6 Before the binding submission of the order via the seller's online order form, the customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the browser's zoom function, which enlarges the display on the screen. The customer can correct their entries during the electronic ordering process as long as they use the usual keyboard and mouse functions until they click the button that completes the ordering process.

2.7 The German and English languages are available for the conclusion of the contract.

2.8 Order processing and contact usually take place via email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at this address. In particular, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller with order processing can be delivered when using SPAM filters.

3) Right of Revocation

3.1 Consumers generally have a right of revocation.

3.2 Revocation Instruction & Revocation Form
Consumers have a right of revocation under the following conditions, whereby a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity:

A. Revocation Instruction Right of Revocation
You have the right to revoke this contract within fourteen days without giving any reasons. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the last goods.

To exercise your right of revocation, you must inform us (Eva Atanasow, Beethovenstraße 55, 98529 Suhl, Germany, Tel.: 0049/1605033927, Email: info.elephanthouse@gmail.com) by means of a clear declaration (e.g., a letter sent by post or email) of your decision to revoke this contract. You may use the attached sample revocation form for this purpose, but it is not mandatory.

To maintain the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the revocation period expires.

Consequences of Revocation
If you revoke this contract, we will refund you all payments we have received from you, including delivery costs (except for additional costs resulting from your choice of a delivery method other than the least expensive standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we receive the notification of your revocation of this contract. For this refund, we will use the same payment method you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this refund. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day you inform us of the revocation of this contract. The deadline is met if you send the goods before the fourteen-day period has expired.

You bear the direct costs of returning the goods.

You only have to bear any loss in value of the goods if this loss in value is due to handling that is not necessary for the examination of the nature, characteristics, and functioning of the goods.

Exclusion or early expiration of the right of revocation
The right of revocation does not exist for contracts for the delivery of goods that are not pre-manufactured and for which the production is significantly determined by an individual selection or specification by the consumer or that are clearly tailored to the personal needs of the consumer.

The right of revocation does not apply to consumers who are not citizens of a member state of the European Union at the time of the conclusion of the contract and whose sole residence and delivery address at the time of the conclusion of the contract are outside the European Union.

Connected/financed transactions
If you finance this contract with a loan and later revoke it, you are also no longer bound by the loan agreement, provided that both contracts form an economic unit. This is particularly assumed when we are simultaneously your lender or when your lender relies on our involvement for the financing. If the loan has already been received by us at the time the revocation takes effect or upon the return of the goods, your lender assumes our rights and obligations from the financed contract in relation to you regarding the legal consequences of the revocation or return. The latter does not apply if this contract concerns the acquisition of financial instruments (e.g., securities, currencies, or derivatives). If you want to avoid contractual obligations as much as possible, exercise your right of revocation and also revoke the loan agreement if you have a right of revocation for that as well.

General Information
1) Please avoid damage and contamination of the goods. Please return the goods in their original packaging with all accessories and all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please ensure adequate protection against transport damage with suitable packaging. 2) Please do not return the goods to us freight collect.

3) Please note that the aforementioned points 1-2 are not a prerequisite for the effective exercise of the right of withdrawal.

B. Revocation form
If you wish to revoke the contract, please fill out this form and send it back.

To
THE ELEPHANTHOUSE Eva Atanasow
Beethovenstraße 55
98529 Suhl Germany
E-Mail: info.elephanthouse@gmail.com

I/We hereby revoke (*) the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
_______________________________________________________
_______________________________________________________
Ordered on (*) ____________ / received on (*) __________________
________________________________________________________ Name of the consumer(s)
________________________________________________________ Address of the consumer(s)
________________________________________________________ Signature of the consumer(s) (only for notification on paper)
_________________________ Date
(*) Please cross out what does not apply

3.3 The right of withdrawal does not apply to consumers who are not residents of a member state of the European Union at the time of the conclusion of the contract and whose sole residence and delivery address at the time of the conclusion of the contract are outside the European Union.

4) Prices and payment terms
4.1 Unless otherwise stated in the seller's product description, the prices stated are total prices. Value-added tax is not shown, as the seller is a small business under the Value Added Tax Act. Any additional delivery and shipping costs will be specified separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases, which the seller is not responsible for and which are to be borne by the customer. This includes, for example, costs for money transfers by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also arise in relation to the money transfer even if the delivery does not take place in a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3 The payment option(s) will be communicated to the customer in the seller's online shop.

4.4 If advance payment by bank transfer is agreed, the payment is due immediately after the contract is concluded, unless the parties have agreed on a later due date.

4.5 If a payment method offered through the payment service "PayPal" is selected, the payment processing is carried out by PayPal, which may also use the services of third-party payment service providers. If the seller offers payment methods via PayPal where they advance payment to the customer (e.g., purchase on account or installment payment), they assign their payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the seller's assignment declaration, PayPal or the payment service provider commissioned by PayPal will conduct a credit check using the transmitted customer data. The seller reserves the right to refuse the selected payment method to the customer in the event of a negative credit check result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, they can only make payments to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, the seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery time, shipping, returns, complaints, revocation declarations and submissions, or credits, even in the case of the assignment of claims.

4.6 If the payment method "SOFORT" is selected, the payment processing is carried out by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter referred to as "SOFORT"). In order to pay the invoice amount via "SOFORT", the customer must have an online banking account activated for participation in "SOFORT", authenticate themselves during the payment process, and confirm the payment instruction to "SOFORT". The payment transaction will be carried out immediately afterwards by "SOFORT" and the customer's bank account will be debited. The customer can find further information about the payment method "SOFORT" online at https://www.klarna.com/sofort/.

4.7 If a payment method offered through the payment service "Klarna" is selected, the payment processing is carried out by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter referred to as "Klarna"). Further information and the terms of Klarna can be found in the seller's payment information, which can be viewed at the following internet address:
https://www.klarna.com/de/agb/

5) Delivery and Shipping Conditions
5.1 If the seller offers shipping of the goods, delivery will take place within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. In processing the transaction, the delivery address specified in the seller's order processing is decisive. Deviating from this, when selecting the payment method PayPal, the delivery address stored by the customer at PayPal at the time of payment is decisive.

5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer bears the reasonable costs incurred by the seller as a result. This does not apply to the costs of sending if the customer effectively exercises their right of withdrawal. For return shipping costs, the regulation specified in the seller's withdrawal information applies in the case of effective exercise of the right of withdrawal by the customer.

5.3 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 item to the carrier, the freight forwarder, or any other person or institution designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes upon delivery of the goods to the customer or a person authorized to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the customer in the case of consumers as soon as the seller has delivered the item to the carrier, the freight forwarder, or any other person or institution designated to carry out the shipment, if the customer has commissioned the carrier, the freight forwarder, or any other person or institution designated to carry out the shipment and the seller has not previously named this person or institution to the customer.

5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This applies only if the non-delivery is not the seller's fault and the seller has concluded a specific coverage transaction with the supplier with due diligence. The seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded without delay.

5.5 Self-pickup is not possible for logistical reasons.

6) Retention of title
If the seller performs in advance, they retain ownership of the delivered goods until full payment of the owed purchase price.

7) Liability for Defects (Warranty)

7.1 Unless otherwise provided in the following regulations, the provisions of statutory liability for defects apply. Deviating from this, the following applies to contracts for the delivery of goods:

7.2 If the customer acts as an entrepreneur,

- the seller has the choice of the type of subsequent performance;

- for new goods, the limitation period for defects is one year from the delivery of the goods;

- for used goods, the rights and claims due to defects are excluded;

- the limitation period does not restart if a replacement delivery occurs within the framework of liability for defects.

7.3 The liability limitations and time reductions regulated above do not apply
- for claims for damages and reimbursement of expenses by the customer,

- in the event that the seller has fraudulently concealed the defect,

- for goods that have been used for a building according to their usual manner of use and have caused its defects,

- for any existing obligation of the seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.

7.4 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claims remain unaffected.

7.5 If the customer acts as a merchant in accordance with § 1 HGB, they are subject to the commercial inspection and notification obligations according to § 377 HGB. If the customer fails to fulfill the notification obligations regulated there, the goods are deemed approved.

7.6 If the customer acts as a consumer, they are requested to report delivered goods with obvious transport damage to the carrier and to inform the seller of this. If the customer fails to do so, it has no effect on their statutory or contractual claims for defects.

8) Applicable Law
8.1 For all legal relationships of the parties, the law of the Federal Republic of Germany applies, excluding the laws on the international sale of movable goods. This choice of law applies to consumers only to the extent that the protection granted is not removed by mandatory provisions of the law of the state in which the consumer has their habitual residence.

8.2 Furthermore, this choice of law does not apply with regard to the statutory right of withdrawal for consumers who do not belong to a member state of the European Union at the time of the conclusion of the contract and whose sole residence and delivery address at the time of the conclusion of the contract are outside the European Union.