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

General

We deliver exclusively in accordance with our General Terms and Conditions. The customer's terms and conditions of purchase are not accepted. The customer declares his agreement to these terms and conditions at the latest by accepting the delivery or parts thereof. We do not need to point this out separately for further transactions. Renewed order confirmations with our terms and conditions are not required.
b.
Collateral agreements are only valid if they have been expressly confirmed by us in writing.
c.
The place of performance and jurisdiction is Berlin. The place of jurisdiction for legal dunning proceedings is also Berlin.
d.
The validity of the General Terms and Conditions remains unaffected, even if one of the provisions should be invalid.
This must be replaced by the client with another provision. This must be replaced by the client with another provision that has the same legal and economic effect.

2. Prices All prices are ex warehouse Berlin, excluding packaging. For deliveries made more than 3 months after the order date, the price valid on the day of delivery shall apply. All prices are subject to the value added tax applicable on the day of delivery.

3. Payments
a.
Unless otherwise agreed, payment shall be made within 8 days of the invoice date with a 2% discount or within 30 days net without deduction.
b.
Payments must be made in cash. The following are recognized as cash: Cash
and bank transfer. Clearing cheques and cashier's cheques are recognized as cash payments after they have been cashed
by the bank.
c.
If payment is not made within the agreed period, we are entitled to charge
the statutory interest rate from the due date and default interest of 1% above the applicable bank interest rate from the date of the first reminder.
d.
Should circumstances lead to the conclusion that our claims are at risk, we are entitled to demand advance payments or securities up to the total amount before making further deliveries. If the customer does not meet this demand, we can demand compensation for non-fulfillment or withdraw from the contract. In this case, the customer shall not be entitled to any claims whatsoever.

4. Delivery periods, delivery
a.
Delivery periods are specified to the best of our judgment, but are only binding if they are expressly confirmed separately in writing. Partial deliveries are
permitted.
b.
If we are prevented from fulfilling our obligations due to unforeseen circumstances, the delivery shall be delayed to a reasonable extent. If the delivery and performance becomes impossible, we shall be released from the delivery obligation.
c.
Claims for damages of any kind due to one of the aforementioned reasons are excluded. Unless we are guilty of gross negligence or intent.
d.
All shipments are sent at the expense and risk of the customer. In the absence of a specific agreement, dispatch shall be at our best discretion.
e.
In the case of an order with a net value of EUR 2500.00 or more excluding VAT, dispatch shall be free to the customer's address. The delivery address is the usual delivery address of the customer.
f.
The cancellation of orders placed by the customer and any return or return of goods, which must always be carriage paid, is only permitted after prior written agreement. We reserve the right to charge a handling fee.
g.
Special designs, including modified series products, can neither be taken back nor credited.

5. Warranties
We shall be liable for defects and incorrect notifications to the exclusion of all other claims against us as described below:
a.
In the event of demonstrably defective delivery, a replacement shall be provided free of charge against a reasonable delivery time if the rejected goods are returned to us.
b.
However, no rights can be derived from defective partial deliveries with regard to the remaining partial deliveries.
c.
Warranty claims of any kind that go beyond free subsequent delivery or rectification are expressly excluded. d. The limitation period for warranty claims, including for hidden defects, is 6 months from receipt of the goods.
d.
The limitation period for warranty claims, including for hidden defects, is 6 months from receipt of the goods at the place of delivery.
e.
The risk of accidental loss or accidental deterioration shall pass to the customer when the goods leave the supplying factory or are made available to the customer. If goods are taken back for reasons for which we are not responsible, the buyer shall bear the risk until we receive the goods.

6. Retention of title
Delivery of the goods shall be subject to retention of title in accordance with § 455 BGB with the following extensions:
a.
The goods shall remain the property of the seller until full payment of all claims, including future claims, of the seller arising from the business relationship.
b.
The buyer's claims arising from the resale of the reserved goods, which is only permitted in the normal course of business, shall be assigned to the seller up to the amount of the seller's credit balance. The assigned claim serves as security for the seller of the reserved goods only up to the value of the reserved goods sold in each case.
c.
The buyer is obliged to keep records of the assigned claims in accordance with 6.B and to present these at the request of the seller.
d.
Until the seller determines otherwise, the buyer is authorized to collect the claim from the resale. However, he must keep the relevant payments separately and also keep records of them. The Buyer is obliged to keep records of the assigned claims and the separate safekeeping of the collected funds at the request of the Buyer.
e.
The retention of title in accordance with the above provisions shall also remain in force if individual claims of the Seller are included in a current account and the balance has been drawn and recognized.
f.
The Seller's retention of title is conditional in such a way that, upon full payment of all claims of the Seller arising from the business relationship, title to the reserved goods shall pass to the Buyer without further ado and the Buyer shall be entitled to the assigned claims.
g.
The Buyer shall ward off any interventions by third parties (seizures, etc.) in the Seller's property and notify the Seller of such interventions without delay.

7. Duty of disclosure and notification in accordance with the Federal Data Protection Act (BDSG)
We would like to point out that your personal data will be processed and stored by means of EDP in order to ensure the proper course of business. According to §§ 26.1, 34.1 and 43.4 BDSG, we are obliged to inform you of the first storage or transmission. We will do this. We will not provide any further notification.



ELLUX Vertriebs GmbH
Fritschestraße 27/28
10585 Berlin