Terms & Conditions
Offsetting and right of retention
(1) The purchaser is only entitled to offset if the counterclaim of the purchaser has been legally established or has not been contested by the provider.
(2) The customer can only exercise a right of retention if your counterclaim is based on the same contractual relationship.
Retention of title
ELjewerly reserves ownership of the goods until full payment has been made.
(1) If the customer receives the goods with obvious transport damage, the provider requests that he complain about them as soon as possible.
(2) If the customer misses the complaint, this has no consequences on the statutory warranty rights. The purpose of the complaint is that the provider can assert his own claims against the carrier.
(1) If the customer is a consumer, the guarantee and liability for defects in the delivered object of purchase are based on the statutory provisions: Accordingly, customers in the European Union have warranty rights in addition to your 30-day return guarantee for a period of two years from the delivery of the goods and can request the repair or replacement of the products purchased on ELjewerly if they prove to be defective or not as described. If the goods cannot be repaired or replaced within a reasonable time or without difficulty, you can request a refund or a reduction in the purchase price.
(2) In the case of used goods, the warranty period can be shorter than two years.
(3) If the customer is not a consumer, the defect will be remedied by new delivery or new performance.
(4) If the customer is not a consumer, the limitation period is one year. This applies insofar as there are no claims for damages and reimbursement of expenses that are asserted for compensation for damage to body and health or for intent or gross negligence
Limitation of liability (products)
(1) The provider is liable for damage claims of the customer from injury to life, limb, health or from the breach of essential contractual obligations, as well as for other damages caused by their willful or grossly negligent breach of duty, or one of the legal representatives or vicarious agents of the Provider based.
(2) Essential contractual obligations are obligations whose fulfillment is necessary to achieve the objective of the contract.
(3) The provider is liable for violations of essential contractual obligations that are based on contract-typical, foreseeable damage, provided that the damage was caused simply negligent. This limitation does not apply to claims for damages on the part of the customer based on injury to life, limb or health.
(4) The provisions of the Product Liability Act remain unaffected.
(5) Insofar as ELjewerly’s liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.