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Terms and conditions

§ 1 Scope of application

(1) These General Terms and Conditions of Sale (hereinafter: GTC) shall apply to all contracts for eBooks concluded via our online store https://www.eliteluxurygoods.com between elite luxury goods, Estonia, hereinafter: “Supplier” and our customers, hereinafter: “Customer”.

The GTC shall apply regardless of whether the Customer is a consumer, entrepreneur or merchant.

(2) The version of the GTC valid at the time of the conclusion of the contract is authoritative.

(3) Deviating conditions of the customer are not valid. This also applies if the provider has not expressly objected.

§ 2 Conclusion of contract

(1) The presentation and advertising of goods in the online store of the provider does not constitute a binding offer to conclude a contract.

(2) By sending an order via the online store by clicking the button “order subject to payment”, the customer places a legally binding order. The customer is bound to the order for a period of two weeks after placing the order. The right of the customer to revoke the order, if relevant, remains unaffected.

(3) The provider will immediately confirm the receipt of the order placed via the online store by e-mail. Such an e-mail does not constitute a binding acceptance of the order by the Provider unless, in addition to the confirmation of the receipt of the order, the acceptance is declared at the same time.

(4) A contract is only concluded when the Provider accepts the Customer’s order by means of a declaration of acceptance or by making the eBook available for download.

(5) If the provision of the download of the eBook ordered by the customer is not possible, the provider refrains from a declaration of acceptance. In this case, a contract is not concluded. The provider will inform the customer in this case immediately and refund any consideration already received without delay.

§ 3 Right of Use

(1) The provider does not provide the customer with ownership of the eBooks. With the purchase of an eBook, the Provider grants the Customer a simple and non-transferable right of use for personal and sole use.

(2) The customer is prohibited from any distribution, publication, reproduction or commercial use.

§ 4 Sweepstakes

(1) With the purchase of an eBook, the customer acquires the right to participate in a competition organized by the provider. He will be sent a participation code by e-mail. There is no obligation to participate in the competition.

(2) The details are regulated in separate conditions of participation.

§ 5 Terms of delivery

(1) The provider will provide the customer with a download code via e-mail after the purchase of the right of use. The customer is responsible for the download. The eBook will be provided in pdf format. A guarantee of compatibility with all mobile devices (e.g. eBook reader) is not issued.

(2) The option to re-download eBooks is a voluntary service of the provider, which the provider can terminate at any time.

(3) The provider is not obligated to provide the ordered eBook if he has duly ordered the eBook on his part, but has not been provided with it correctly or in time. However, this only applies if the provider is not responsible for the lack of availability of the eBook and has informed the customer of this circumstance without delay.

(4) In all other countries outside the European Union, the prize (less all taxes) will be shipped to the nearest port to the address provided by the winner. Any import duties, registration fees or other taxes or charges of any kind incurred in the final destination/country are the responsibility of the winner. The Promoter reserves the right not to ship to certain countries.

§ 6 Prices and shipping costs

(1) All prices quoted by the Provider are gross prices including the statutory value added tax. There are no shipping costs for delivery by download.

(2) The invoice for the customer’s order is sent exclusively by e-mail.

§ 7 Terms of payment, set-off, right of retention

(1) The license fee is due two weeks after receipt of the invoice.

(2) The Customer may choose to transfer the license fee to the account indicated in the Provider’s online store, to grant the Provider a direct debit authorization, to pay by credit card, PayPal or by invoice.

(3) In case of a granted direct debit authorization or payment by credit card, the Provider will initiate the debit of the Customer’s account at the earliest at the point in time specified in para.1. In the event of a chargeback, the customer shall bear the fees incurred by the respective credit institution as a result of the chargeback.

(4) If the payment service provider “PayPal” is used, the payment shall be processed via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal Terms of Use, available at www.paypal.com. This requires, among other things, that the customer opens a PayPal account or already has such an account.

(5) The customer is not entitled to offset claims of the provider, unless the counterclaims of the customer are legally established or undisputed. If the customer is a consumer, he is also entitled to set-off if the customer asserts claims for defects or counterclaims arising from the same contractual relationship.

(6) The customer may only exercise a right of retention if the counterclaim arises from the same contractual relationship.

§ 8 Warranty

(1) The Provider shall be liable for material defects or defects of title in accordance with the applicable statutory provisions.

(2) The limitation period is two years and begins with the provision of the download. In relation to entrepreneurs, the limitation period is 12 months.

(3) An additional guarantee only exists if this was expressly stated in the declaration of acceptance.

§ 9 Liability

(1) The Provider shall be liable to the Customer in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.

(2) In other cases, the Provider shall be liable – unless otherwise stipulated in paragraph 3 – only in the event of a breach of a contractual obligation, the fulfillment of which is a prerequisite for the proper execution of the contract and on the observance of which the Customer may regularly rely (so-called cardinal obligation), and limited to compensation for the foreseeable and typical damage. In all other cases, the liability of the provider is excluded subject to the provision in paragraph 3.

(3) The liability of the Provider for damages resulting from injury to life, body or health and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.

§ 10 Copyrights

The provider has copyrights to all images, films and texts that are published in his online store. A use of the images, movies and texts, is not permitted without our express consent.

§ 11 Right of withdrawal

Consumers are entitled to a statutory right of revocation upon conclusion of a contract for the delivery of data downloads (digital content not on a physical data carrier) in accordance with the following provisions:

Cancellation policy

You have the right to cancel this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day of the conclusion of the contract
.

To exercise your right of withdrawal, you must inform us Elite Luxury Goods, Street: upon request, e-mail: contact@eliteluxurygoods.com by means of a clear declaration (e.g. a letter or e-mail sent by post) of your decision to withdraw from this contract. You can use the attached sample withdrawal form, which is not mandatory.

You can also fill out and submit the model cancellation form or another clear declaration electronically on our website(www.eliteluxurygoods.com). If you make use of this option, we will immediately send you (e.g. by e-mail) a confirmation of receipt of such revocation. To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.

Consequences of revocation:

If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.

The right of withdrawal shall expire in the case of a contract for the delivery of digital content that is not on a physical data carrier if we have commenced performance of the contract after you have expressly consented to our commencing performance of the contract prior to the expiry of the withdrawal period and you have confirmed your knowledge that, by consenting, you lose your right of withdrawal upon commencement of performance of the contract.

Sample cancellation form

If you wish to revoke the contract, please fill out and return this form.

To

Company:

Address:

E-mail:

Fax:

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the right to use the following EBooks:

Ordered on (*)/received on (*):

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s) (only in case of notification on paper)

Date

(*) Delete as applicable.

– End of the cancellation policy –

§ 12 Final provisions

(1) The law of Estonia shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If the customer has placed the order as a consumer and had his habitual residence in another country at the time of the order, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in sentence 1.

(2) If the Customer is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction shall be the registered office of the Provider. Otherwise, the applicable statutory provisions shall apply to the local and international jurisdiction.

(3) Should one or more provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions.

§ 13 Settlement of disputes

The EU Commission has created an Internet platform for online dispute resolution. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online contracts. More information is available at the following link: http://ec.europa.eu/consumers/odr. The provider is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.