legal notice

ELLUX Vertriebs GmbH

Fritschestraße 27/28
1st floor, staircase C
D 10585 Berlin-Charlottenburg

T +49 30 77 20 35 0
info@ellux.de

Entry in the commercial register
Amtsgericht Charlottenburg
HRB 51742

VAT identification number according to §27 Umsatzsteuergesetz
DE 811624074

Authorized managing director
Michael Elkan

Professional title
Commercial agency
Trade with lights and electrotechnical accessories

Responsible chamber
IHK Berlin https://www.ihk-berlin.de

Professional association
BGHW Berlin https://www.bghw.de

Professional liability insurance
Generali Versicherung München: https://www.generali.de

Dispute resolution
The European Commission provides a platform for online dispute resolution (OS): https://ec.europa.eu/consumers/odr. You can find our e-mail address in the legal notice above. We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.

Liability for content
As a service provider, we are responsible for our own content on these pages in accordance with the general laws pursuant to Section 7 (1) TMG. According to §§ 8 to 10 TMG, however, we are not obliged as a service provider to monitor transmitted or stored third-party information or to investigate circumstances that indicate illegal activity. Obligations to remove or block the use of information in accordance with general legislation remain unaffected by this. However, liability in this respect is only possible from the time of knowledge of a specific infringement. If we become aware of any such legal infringements, we will remove the content in question immediately.

Liability for links
Our website contains links to external third-party websites over whose content we have no influence. Therefore, we cannot accept any liability for this third-party content. The respective provider or operator of the pages is always responsible for the content of the linked pages. The linked pages were checked for possible legal violations at the time of linking. Illegal content was not recognizable at the time of linking. However, permanent monitoring of the content of the linked pages is not reasonable without concrete evidence of an infringement. If we become aware of any legal infringements, we will remove such links immediately.

Copyright
The content and works created by the site operators on these pages are subject to German copyright law. Duplication, processing, distribution and any form of commercialization of such material beyond the scope of the copyright law shall require the prior written consent of its respective author or creator. Downloads and copies of this site are only permitted for private, non-commercial use. Insofar as the content on this site was not created by the operator, the copyrights of third parties are respected. In particular, third-party content is identified as such. Should you nevertheless become aware of a copyright infringement, please inform us accordingly. If we become aware of any infringements, we will remove such content immediately.

General Terms and Conditions

1.       Applicability of the Terms and Conditions

1.1.    Our deliveries and services are provided exclusively on the basis of these General Terms and Conditions (GTC).

1.2.    We do not recognize any deviating or conflicting terms and conditions of the customer unless we have expressly agreed to their validity in writing.

1.3.    These GTC also apply to all future transactions with the customer without the need for further notice.

1.4.    Side agreements, amendments, or supplements are only effective if we have confirmed them in writing. Confidential information and trade secrets that become known in connection with the contract must be treated as strictly confidential by both parties and must not be disclosed to third parties.

1.5.    Intellectual property rights, trademarks, patents, or copyrights acquired by a party prior to or during the business relationship remain the property of that party.

1.6.    Use or disclosure of these intellectual property rights is permitted only with express written consent.

1.7.    In the event of a breach of this confidentiality obligation, the breaching party shall be liable for compensation for any resulting damages.

1.8.    The place of performance and venue shall be Berlin, provided that the purchaser is a merchant within the meaning of the German Commercial Code. The same applies to judicial dunning proceedings.

1.9.    German law applies, excluding the UN Convention on Contracts for the International Sale of Goods, to the extent permitted by law.

1.10.   Should any provision of these Terms and Conditions be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a provision that most closely approximates the economic purpose of the invalid provision.

2.       Quotations & Order Acceptance

2.1.    Our quotations are subject to change and non-binding unless expressly marked as binding.
The contract is not concluded until we confirm the order in writing or until the goods are delivered.
Orders or changes are not considered accepted until we have confirmed them in writing.
We reserve the right to accept orders within 14 business days.

2.2.    Offers in catalogs, brochures, and online are subject to change and non-binding. Individual offers expire no later than 60 days after the date of issuance, unless accepted.

2.3.    All documents, drawings, or technical information provided by us remain our property and may not be reproduced, made available to third parties, or used beyond the scope of the contract without our written consent. These documents must be returned immediately upon termination of the contract.

3.       Prices

3.1.    Our prices are ex-factory from the respective manufacturer's warehouse, excluding packaging, shipping, and applicable sales tax.

3.2.    For deliveries made more than three months after the order date, we reserve the right to make reasonable price adjustments if cost factors change significantly.
The adjustment shall be made only to the extent that the aforementioned cost factors actually change.
In the event of a price increase, the customer has the right to withdraw from the contract provided that the price increase exceeds 10% of the agreed price and the customer is not a business entity.

3.3.    For orders with a net value of less than EUR 250.00, we reserve the right to charge a minimum order surcharge of EUR 25.00.

4.       Terms of Payment

4.1.    Unless otherwise agreed, the following applies:
Payment is due within 8 days of the invoice date with a 2% discount, or within 30 days net without deduction.

4.2.    Acceptable forms of payment are bank transfer or cash. Checks are not considered payment until they have been cashed.

4.3.    In the event of late payment, we are entitled to charge default interest in accordance with § 288 BGB.

4.4.    If we become aware of circumstances that call into question the customer’s creditworthiness, we are entitled to demand advance payments or security deposits. If these are not provided, we are entitled to withdraw from the contract or to claim damages for non-performance.

5.       Delivery and Delivery Times

5.1.    Delivery deadlines are binding only if we have expressly confirmed them in writing.

5.2.    Partial deliveries are permitted provided they are reasonable for the customer.

5.3.    In the event of unforeseeable obstacles (e.g., force majeure, delivery delays from upstream suppliers), the delivery period shall be extended appropriately. If delivery becomes impossible as a result, we shall be released from our obligation to deliver.

5.4.    Shipping is at the risk and expense of the purchaser. Freight costs will be specified in the offer based on actual expenses.

5.4.1. Consumers: Transfer of risk occurs only upon delivery

5.4.2. Businesses: Transfer of risk occurs upon handover to the carrier

5.5.    If goods are returned for reasons for which we are not responsible, the buyer bears the risk until the goods are received by us or by the product manufacturer.

5.6.    The customer must designate an authorized recipient in a timely manner. If acceptance is not possible at the time of delivery, the customer shall be in default of acceptance. In this case, the risk shall pass to the customer, and the customer shall bear any additional costs.

5.7.    If the supplier is in default, the customer shall have the right to withdraw from the contract after the fruitless expiration of a reasonable grace period.
Withdrawal is excluded if the delay in delivery is due to force majeure or other circumstances beyond the supplier’s control.

5.8.    Returns or cancellations of orders are only possible upon prior written agreement. Returns must be shipped freight prepaid. We reserve the right to charge a reasonable processing fee unless the right of withdrawal applies.

5.9.    Custom-made or modified products are excluded from the right of withdrawal or return.

5.10.    In the event of a culpable delay in delivery, claims for damages are limited to 0.5% of the net order value per calendar week of delay, but to a maximum of 5% of the net order value in total, provided the delay in delivery is not due to gross negligence or intent.

5.11.      If the customer is in default of acceptance, we are entitled to store the goods at the customer’s expense and risk. Storage costs amount to at least 1% of the invoice amount per month or part thereof, beginning on the day of the default of acceptance.

6.       Warranty

6.1.    Defects must be reported to us immediately in writing in accordance with the duty to inspect and give notice of defects under Section 377 of the German Commercial Code (HGB).

6.2.    In the event of justified defects, we shall, at our discretion, either repair the goods or provide a replacement.

6.3.    The warranty period is 12 months from the transfer of risk for business customers.

6.4.    For consumers, the statutory warranty period of 24 months applies.

6.5.    No warranty applies to damage resulting from improper use, modifications, or tampering with the goods.

7.       Liability

7.1.    We are liable without limitation:

7.1.1. in cases of willful misconduct and gross negligence

7.1.2. in cases of injury to life, limb, or health

7.1.3. under the Product Liability Act

7.1.4. to the extent that a warranty has been provided

7.2.    In cases of simple negligence, we are liable only for breaches of material contractual obligations (cardinal obligations).
In such cases, liability is limited to typical, foreseeable damages.

7.3.    Further claims—in particular claims for compensation for consequential damages—are excluded, unless there is intent or gross negligence.

7.4.    Technical modifications to the goods, as well as tampering, re-stamping, or relabeling without the Supplier’s prior written consent, are prohibited. The Supplier shall not be liable for any consequential damages resulting therefrom.

7.5.    The purchaser shall indemnify us against all claims by third parties arising from improper processing, modification, resale, or use of the delivered goods by the purchaser or by third parties commissioned by the purchaser, provided that such claims are not based on an intentional or grossly negligent breach of duty on our part.

7.6.    Liability under the Product Liability Act remains unaffected.

8.       Statute of Limitations

8.1.    Claims for damages—regardless of their legal basis—become time-barred one year after the transfer of risk.

8.2.    The above reduction of the statute of limitations does not apply to claims

8.2.1. arising from injury to life, limb, or health,

8.2.2. arising from an intentional or grossly negligent breach of duty,

8.2.3. under the Product Liability Act,

8.2.4. or to the extent that longer limitation periods are mandatory under law.

8.3.    The statutory limitation periods apply to the customer's claims arising from defects.

9.       Retention of Title

9.1.    The delivered goods remain our property until all claims arising from the business relationship have been paid in full.

9.2.    The purchaser is entitled to resell the goods subject to retention of title in the ordinary course of business. In this case, the purchaser hereby assigns to us all claims arising from the resale, including all ancillary rights, in the amount of the invoice value including sales tax. We accept this assignment.

9.3.    The purchaser is entitled to collect the assigned claims in its own name as long as it duly meets its payment obligations. This authorization to collect may be revoked if the purchaser defaults on payment or if there are reasonable doubts regarding its creditworthiness.

9.4.    Any processing or transformation of the goods subject to retention of title by the purchaser shall always be carried out on our behalf as the seller within the meaning of § 950 of the German Civil Code (BGB). If the goods subject to retention of title are processed, combined, or mixed with other items not belonging to us, we shall acquire co-ownership of the new item in proportion to the invoice value of the goods subject to retention of title relative to the other items used at the time of processing, combination, or mixing.

9.5.    The Buyer hereby assigns to us all claims against insurance companies or third parties arising from damage, loss, or destruction of the goods subject to retention of title in the amount of the invoice value of the goods subject to retention of title. We accept this assignment.

9.6.    In the event of third-party claims against the goods subject to retention of title or the assigned claims, the purchaser must indicate our ownership and notify us immediately.

9.7.    If the realizable value of the security to which we are entitled exceeds our claims by more than 20%, we are obligated, at the purchaser’s request, to release security at our discretion.

10.   Privacy Policy

10.1.     The customer’s personal data is processed in accordance with legal requirements, in particular pursuant to Article 6(1)(b) of the GDPR for the purpose of fulfilling the contract.

10.2.     Personal data will only be disclosed to third parties to the extent necessary for the fulfillment of the contract.

10.3.     For more information, please see our Privacy Policy at: https://www.ellux.de/datenschutzerklraerung-en

11.       Right of Withdrawal (for Consumers)

11.1. Consumers have a statutory right of withdrawal for contracts concluded outside of business premises and for distance contracts.

11.2.       The withdrawal period is 14 days and begins on the day the consumer or a third party designated by the consumer takes possession of the goods.

11.3.       To exercise the right of withdrawal, the consumer must inform us of their decision to withdraw from the contract by means of a clear statement.
To meet the deadline, it is sufficient for the notification to be sent before the withdrawal period expires.

11.4.       If the contract is canceled, we must refund all payments we have received from the consumer, including delivery costs (with the exception of additional costs resulting from the selection of a delivery method other than the cheapest standard delivery option we offer), without delay and no later than 14 days from the date we receive notice of cancellation.
We will use the same payment method for this refund as was used for the original transaction, unless expressly agreed otherwise.
We may withhold the refund until we have received the goods back or the consumer has provided proof that they have returned the goods.

11.5.       The consumer must return the goods to us immediately and, in any case, no later than 14 days from the date on which the consumer notified us of the cancellation.
The deadline is met if the goods are shipped before the deadline expires.
The consumer shall bear the direct costs of returning the goods.

11.6. The consumer shall only be liable for compensation for any loss in value of the goods if such loss in value is attributable to handling of the goods that was not necessary for the purpose of inspecting the nature, characteristics, and functioning of the goods.

11.7. The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive, or that are clearly tailored to the consumer’s personal needs (Section 312g(2)(1) of the German Civil Code (BGB)).