Terms & Conditions

General Terms and Conditions with Customer Information

Table of Contents
1. scope of application
2. conclusion of contract
3. right of withdrawal
4 Prices and terms of payment
5. terms of delivery and dispatch
6 Retention of title
7. warranty
8. liability
9 Applicable law
10 Alternative Dispute Resolution

1. scope of application
1.1 These General Terms and Conditions (hereinafter “GTC”) of
Elephants in Paradise GesnbR
Am Buchberg 437, 2534 Alland, Austria
Phone: +43 664 3212818
E-mail: office@elephantsinparadise.com

(hereinafter “Seller”), apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter “Customer”) with the Seller in respect of the goods or services represented by the Seller in his online shop. Hereby the inclusion of own conditions of the Customer is contradicted, unless otherwise agreed.
Consumers in the sense of these GTC are any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his independent professional activity. An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.

2. conclusion of contract
2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers on the part of the Seller, but serve to provide a binding offer by the Customer. In the case of an online order, the receipt of your order will be confirmed immediately after completion of the order process by the Seller by means of an acknowledgement of receipt by email. This does not represent an acceptance of your offer, but merely confirms the receipt of your order with us.

2.2 The Customer can submit the offer via the online order form integrated into the Seller’s online shop. After placing the selected goods or services in the virtual shopping basket and having gone through the electronic ordering process, the Customer submits a legally binding contract offer with regard to the goods contained in the shopping basket by clicking the button that concludes the ordering process.

2.3 The Seller may 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 e-mail), whereby the receipt of the order confirmation by the Customer is decisive in this respect, or
• by delivering the ordered goods to the Customer, whereby the receipt of the goods at the Customer is decisive in this respect, or
• by requesting payment from the Customer after placing the order.

If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the dispatch of the offer by the Customer and ends on the expiry of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.
If the Customer selects a payment method within the framework of the online order process by simultaneously issuing a payment order to his payment service provider by clicking the button completing the order process to transfer the money directly to the Seller’s account, the Seller hereby declares acceptance of the Customer’s offer at the time when the money arrives on the Seller’s account, notwithstanding section 2.3.

2.4 When submitting an offer via the Seller’s online order form, the text of the contract is stored by the Seller and sent to the Customer in text form (e.g. e-mail, fax or letter) together with these General Terms and Conditions after his order has been sent. In addition, the contract text is archived on the Seller’s website and can be requested by the Customer free of charge by email from the Seller during the period of storage of this data (see data protection declaration).

2.5 Before placing a binding order via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. During the electronic ordering process, the Customer can correct his entries using the usual keyboard and mouse functions until he clicks the button that completes the ordering process.

2.6 The German language is available for the conclusion of the contract.

2.7 Orders are usually processed and contacted by e-mail and automated order processing. The Customer must ensure that the e-mail address provided by him for order processing is correct, so that the e-mails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all e-mails sent by the Seller or third parties commissioned by the Seller to process the order can be delivered.

3. right of withdrawal
3.1 Consumers are generally entitled to withdraw from the contract.
 Please refer to our cancellation policy for further details.

4 Prices and terms of payment
4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices. Additional delivery and shipping costs will be indicated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of money if the delivery is not made to a country outside the European Union but the Customer makes the payment from a country outside the European Union.

4.3 The Customer will be informed of the payment option(s) in the Seller’s online shop.

5. terms of delivery and dispatch
Unless otherwise agreed, goods shall be delivered by dispatch to the delivery address specified by the Customer. The exact delivery time for your order will be displayed in the online shop for each product.
If the Customer acts as entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the Customer as soon as the Seller has delivered the goods to the forwarding agent, the carrier or the person or company otherwise 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 shall only pass to the Customer or a person entitled to receive the goods. However, if the consumer himself has concluded the contract of carriage without making use of a choice proposed by the carrier, the risk shall pass to the carrier as soon as the goods are handed over.

6. retention of title
6.1 The Seller retains title to the delivered goods until full payment of the purchase price owed to consumers.

6.2 The Seller retains title to the delivered goods until all claims from an ongoing business relationship have been settled in full.

6.3 If the Customer acts as entrepreneur, he is entitled to resell the reserved goods in the ordinary course of business. The Customer assigns all resulting claims against third parties to the Seller in advance in the amount of the respective invoice value (including value added tax). This assignment applies irrespective of whether the reserved goods have been resold without or after processing. The Customer remains authorized to collect the claims even after the assignment. The authority of the Seller to collect the claims himself remains unaffected by this. However, the Seller will not collect the claims as long as the Customer meets his payment obligations to the Seller, is not in default of payment and no application for the opening of insolvency proceedings has been filed.

7. warranty
If the goods or service are defective, the provisions of the statutory warranty shall apply. The following deviates from this:

7.1 For entrepreneurs
the Seller has the choice of the type of defect rectification in the case of insignificant defects;
the limitation period shall not recommence if a replacement delivery is made within the scope of the warranty.

7.2 The above limitations of liability and shortened limitation periods do not apply
for damages resulting from injury to life, body or health or damages which are based on an intentional or negligent breach of duty by the Seller or an intentional or negligent breach of duty by a legal representative or vicarious agent of the Seller,
in the event that the Seller maliciously concealed the defect.

7.3 Furthermore, the obligation to give notice of defects according to § 377 UGB applies to entrepreneurs, otherwise he can no longer assert claims for warranty, for damages due to the defect itself or from an error regarding the absence of defects in the item.

8. liability
The Seller is liable to the Customer from all contractual, contract-like and legal, including tortious claims for compensation for damages and expenses as follows:

8.1 The Seller is liable for every legal reason according to and within the framework of the statutory provisions, i.e. in the event of culpa in contrahendo
in case of intent or gross negligence,
in the event of injury to life, limb or health.

8.2 Any other liability on the part of the Seller is excluded.

8.3 The above liability regulations also apply with regard to the liability of the Seller for his vicarious agents and legal representatives.

9 applicable law
9.1 All legal relations between the parties shall be governed by the law of the Republic of Austria to the exclusion of the UN Convention on Contracts for the International Sale of Goods. This choice of law applies to consumers only to the extent that the law of the country in which the consumer has his habitual residence does not provide that the protection granted may not be withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence, in which case the more favorable mandatory provisions of the law of the country in which the consumer has his habitual residence, apply.

9.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who at the time of conclusion of the contract do not belong to any member state of the European Union and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract, unless the law of the state in which the consumer has his habitual residence provides for a right of withdrawal.

9.3 If the Customer is an entrepreneur within the meaning of section 1.2, the exclusive place of jurisdiction shall be the Seller’s place of business. For Customers who are consumers, the following applies: For both actions brought by the entrepreneur against the consumer and for actions brought by the consumer against the entrepreneur, the place of jurisdiction is the place of residence of the consumer if the consumer is domiciled in the EU but not in Austria. If the consumer has his domicile or his habitual abode in Austria, he can only be sued at the court in whose district the domicile or habitual abode is located; in this case the entrepreneur can only be sued by the Customer at his place of business, unless another place of jurisdiction is given by law. For Customers who are consumers and reside outside the EU, the place of jurisdiction is governed by the statutory provisions.

10 alternative Dispute Resolution
10.1 The EU Commission provides a platform for online dispute resolution on the Internet under the following link: http://ec.europa.eu/consumers/odr

This platform serves as a contact point for out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

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