Terms of service

TERMS AND CONDITIONS

These General Terms and Conditions apply to all business relationships between Elite screens Europe GmbH, hereinafter referred to as "Elite Screens", and the customer, especially for all contracts concluded via an online shop of Elite screens or through an online marketplace connected by Elite screens. The Terms and Conditions are applicable regardless of whether the customer is a consumer, entrepreneur, or trader. The version of the Terms and Conditions valid at the time of contract conclusion shall be authoritative.

 

The www.elitescreens.eu  website is operated by:
Elite Screens Europe GmbH, a company registered in Germany, whose registered office is at Rudolf-Diesel-Straße 32, 24558 Henstedt-Ulzburg, Germany
Our VAT registration number isDE 258551118.

Our contact details are as follows:
Trading address:        
Rudolf-Diesel-Straße 32,

24558 Henstedt-Ulzburg,

Deutschland

General email: shop@elitescreens.eu
Telefon: +49 (0) 41018589003 

CEO: Erik Schuldt

§ 1. Scope

The following terms and conditions apply to all orders via our online shop by consumers, traders and entrepreneurs.

1.By accessing this website and/or placing an order, you agree to be bound by these terms and conditions. Using this website indicates that you accept these terms regardless of whether or not you choose to register with us or order from us. If you do not accept these terms, do not use this website.

2.Contradictory or differing provisions from the customer's terms of sale do not apply unless Elite Screens has expressly and in written form agreed to their validity.

3. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

4. These terms and conditions also apply to future business relationships with entrepreneurs, without us having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly agreed to this.

5. Legally relevant statements and notifications from the customer regarding the contract (e.g., setting deadlines, defect reports, withdrawal, or reduction) must be made in writing, i.e., in written or text form (e.g., letter, email, fax). Statutory formal requirements and further proofs, especially in case of doubts about the legitimacy of the declarant, remain unaffected. 

§ 2. Contractual partner, conclusion of contract

1. The purchase contract is concluded with Elite Screens Europe GmbH.

2. By placing the products in the online shop, we make a binding offer to conclude a contract for these items.

a) You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained in the ordering process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after sending the order, you will receive another confirmation by e-mail.

b) A binding contract can also be formed beforehand as follows:

c) If you have chosen the PayPal payment method, the contract is concluded at the time you confirm the payment instruction to PayPal.
The language available for the conclusion of the contract is German.

d) We save the text of the contract and send you the order data and our terms and conditions by email. You can also view and download the General Terms and Conditions here on this page at any time. You can view your past orders in our customer login.

§ 3. Terms of Delivery

1. Shipping costs are added to the stated product prices. You can find out more about the amount of shipping costs in the offers.

2. We do not deliver to packing stations.

3. Force Majeure: Delivery and performance delays that are beyond the control of Elite screens and its partners and substantially impede or make delivery or performance impossible, such as strikes, lockouts, official orders, epidemics/pandemics, are also not the responsibility of Elite screens; even for firmly agreed-upon deadlines. This also applies if such circumstances occur with suppliers or their sub-suppliers. In this case, the agreed deadlines and dates will be extended accordingly. Elite screens will inform the customer about the occurrence and duration of such obstacles as soon as possible.

Neither party shall be liable for any delay or failure to perform its obligations under this agreement if such delay or failure results from events beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, strikes, lockouts, pandemics, government regulations, or any other event that qualifies as force majeure under applicable law. In the event of force majeure, the affected party shall promptly notify the other party in writing of the circumstances and expected duration. Both parties shall make all reasonable efforts to mitigate the effects of the event. If the force majeure event persists for more than 60 days, either party may terminate the agreement without further liability.

4. The delivery of the goods is carried out by Elite screens or a transport company commissioned by Elite screens. The goods are insured by Elite screens against loss and damage if the customer is a consumer. Non-use of the insurance must be communicated to Elite screens in writing. In this case, the customer bears the risk of deterioration or loss of the goods.

5. The customer, who is a consumer within the meaning of § 13 of the German Civil Code (BGB), is requested to immediately report externally visible transport damage to the delivery person (carrier/postman) and to have it acknowledged by them. 

6. In the event of well-founded indications of a payment default risk, Elite screens reserves the right to deliver only after receipt of the purchase price plus shipping costs (advance payment reservation). If Elite screens makes use of the advance payment reservation, Elite screens will promptly inform the customer. In this case, the delivery period begins with payment of the purchase price and shipping costs.

 

Attention to carrier and receiver:

visible damage and shortages must be noted on shipping document before signing or in some cases the customer should refuse to accept the damaged packages from carrier.

§4. Payment

1. The price including VAT for our EU customer is equal to the price excluding VAT for the non-EU customers.

2. All claims become due upon invoicing. They are payable without any discount, unless otherwise agreed. Invoices are usually issued upon delivery of the goods.

If the customer is a consumer within the meaning of § 13 of the German Civil Code (BGB), payment is generally made, as long as it is possible on the respective online shop and/or online marketplace, either by cash on delivery, in advance, by invoice, through PayPal, by credit card, or by debit card payment upon collection. For payments by direct debit (PayPal or credit card), the account is debited upon completion of the order. In the case of payment by invoice, the invoice amount - unless otherwise agreed - is payable within 7 days after receipt of the invoice. The customer automatically enters in delay if, within 14 days after receipt of the invoice, payment is not made on the invoice, without the need for further reminders from Elite Screens.

If the customer is a merchant / entrepreneur / trader, payment is made online or as agreed.

In the event of the customer being in payment-delay, Elite Screens is entitled to demand default interest at a rate of 5%, and for merchants at a rate of 9% above the base rate of the European Central Bank, unless the customer demonstrates a lower loss or Elite Screens proves a higher loss.

If the customer owes Elite Screens multiple payments, Elite Screens is entitled to settle the due debt, regardless of the customer's different allocation instructions, first against the due debt and, among several due debts, against the oldest debt.

3.The following payment methods are available in our shop:

Credit card:

After you have chosen credit card as your payment method, please click on "Buy". You will then be redirected to a secure page where you can select your credit card type. Finally, the correct credit card details must be entered and the payment must be confirmed. Your card will be charged after your order is complete.

PayPal Plus:

After the order confirmation, you will be redirected to PayPal. Log in there and make the payment. To be able to pay with PayPal, you need a PayPal account. There are no further fees for you.

Instant bank transfer:

Instant bank transfer (Sofortüberweisung) is the direct transfer method of Payment Network AG. With immediate transfer, the respective amount is transferred from your online banking account to our account while the order is being placed. After completing the immediate transfer, we will immediately receive a confirmation that the transfer has been carried out in real time. In this way, goods can be dispatched from the warehouse immediately and you will receive the ordered products faster.

Klarna installment purchase:

Klarna offers a flexible installment purchase. All purchases that you make in installments with Klarna are collected on a clear monthly statement. 

Payment by invoice:

In cooperation with Klarna and Paypal, we offer you purchase on account as a payment option. When paying with Klarna, you do not have to enter any account details and you only pay when you have received the goods. Delivery to a delivery address that differs from the billing address is not possible. We ask for your understanding.When purchasing on account with Klarna, you always receive the goods first and you have a payment period of 14 days from the dispatch of the goods. Further information can be found here and Klarna's complete terms and conditions for purchase on account can be found here.

Klarna checks and evaluates the data provided by the customer and, if there is a legitimate reason, compares the data with other companies and credit agencies (credit check). If the customer's creditworthiness is not given, Klarna AB can refuse the customer Klarna's payment methods and must point out alternative payment options. Your personal data will be collected and processed in accordance with the data protection act and will not be passed on to third parties for advertising purposes. To learn more about Klarna Privacy Policy.

§ 5. Right of withdrawal

Consumers (§ 13 BGB) have a statutory right of withdrawal with regard to the online purchase of goods in accordance with the following instructions. The right of withdrawal is valid at the time of purchase up to 14 days. (For any returns, please contact our customer service team first.)

If the customer is a merchant / entrepreneur / business owner, the right of withdrawal is not assumed. However, if a cancellation is accepted, Elite Screens Europe GmbH reserves the right to charge cancellation fees ranging from 15 to 25%.

5.2. Right of withdrawal

As a private customer, you have the right to withdraw from this contract within fourteen days without giving any reason for the product that is undamaged (Something that is undamaged has not been damaged or spoilt in any way after the delivery during your tranport, installation or adjustments.). The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.

In the case of a contract for multiple goods that you have ordered as part of a single order and that are delivered separately, the withdrawal period begins on the day after you or a third party designated by you, who is not the carrier, have taken possession of the last goods.

To exercise your right of withdrawal, you must inform us (Elite Screens Europe GmbH Rudolf-Diesel-Str. 32 24558 Henstedt-Ulzburg, Germany, shop@elitescreens.eu, ‭+49 4193 88302650 ) by means of a clear statement (e.g. a letter sent by post, fax, or  preferably via email) about your decision to withdraw from this contract. If you make use of this option, we will promptly send you a confirmation of the receipt of such withdrawal (e.g. via email). To meet the withdrawal deadline, it is sufficient for you to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

 

5.3. Consequences of Withdrawal

For any returns, please contact our customer service team first.

If you withdraw from this contract, we shall reimburse you for all payments received from you, including delivery costs (except for any additional costs arising from your choosing a different type of delivery than the offered, least expensive standard delivery), without undue delay and in any event not later than fourteen days from the day on which the returned goods have reached us.

The customer bear the cost of returning the goods in case of exercising the right of withdraw without given any reason. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

We will carry out the reimbursement using the same means of payment as you used for the initial transaction; you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back.

End of Withdrawal Instruction

5.4. Exceptions to the Right of Withdrawal

The aforementioned right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated or customized and for which an individual selection or determination by the consumer is decisive for their production or which are clearly tailored to the personal needs of the consumer.

 

5.5. Sample of withdrawal form
If you want to revoke the contract, please fill out this form and send it to us.

– To Elite Screens Europe GmbH, Rudolf-Diesel-Strasse 32, 24558 Henstedt-Ulzburg, service@elitescreens.eu, phone: +49 41938830260
– I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
– Ordered on (*)/received on (*)
– Name of consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only if notification is made on paper)
- Date
(*) Delete where not applicable.

5.6. Refund & Exchange

EXCHANGE
Can the items be exchanged?

We allow the exchange of purchased items for selectable variants. Once the exchange request is approved, the replaced item will be shipped to you.

The Cost of exchange may applied.

REFUND
If the customer cancels the contract due to any reason not in the scope of manufacture warranty within or after the period of right of withdrawal, then the shipping costs will not be refunded.

What items are non-refundable?
The following items cannot be returned:

1. Gift cards
2. Sales & Discounted items (if applicable) from the category: Deals / Resold items
3. The item sold in the sale period
4. The item we received is damaged by the customer or not as same as the time we sent it.

We will carry out the reimbursement using the same means of payment as you used for the initial transaction; you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back.

Refunds process will be started after our warehouse approves the receipt of the goods, and it may take up to 14 days. 

In accordance with Article 13 of the Directive 2011/83/EU on Consumer Rights, refunds will be processed using the original payment method chosen by the customer.

 

§ 6. Warranty and Guarantees

1. Unless otherwise expressly agreed below, the statutory right to liability for defects shall apply.

2. For consumers, the limitation period for claims for defects in used items is one year from delivery of the goods.

3. For entrepreneurs, the limitation period for claims for defects is one year from the transfer of risk; the statutory limitation periods for the right of recourse according to § 478 BGB remain unaffected.

With regard to entrepreneurs, only our own information and the product descriptions of the manufacturer that were included in the contract apply as an agreement on the quality of the goods; We assume no liability for public statements by the manufacturer or other advertising statements.

4. If the delivered item is defective, we initially provide a guarantee to entrepreneurs, at our discretion, by eliminating the defect (repair) or by delivering a defect-free item (replacement delivery).

5. The above restrictions and shortening of deadlines do not apply to claims based on damage caused by us, our legal representatives or vicarious agents:

in the event of injury to life, limb or health
in the event of intentional or grossly negligent breach of duty or fraudulent intent
in the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
as part of a guarantee promise, if agreed
as far as the area of application of the Product Liability Act is open.

Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.

 

§ 7. Statute of Limitations for Entrepreneurs/Traders

Contrary to § 438 para. 1 No. 3 BGB, the general statute of limitations for claims arising from defects in quality and defects in title is one year from delivery for entrepreneurs/traders. If an acceptance has been agreed, the statute of limitations begins with the acceptance.

The aforementioned limitation periods of the law of sale also apply to contractual and non-contractual claims for damages by the customer that are based on a defect of the goods, unless the application of the regular statutory limitation period (§§ 195, 199 BGB) would lead to a shorter limitation period in individual cases. Claims for damages by the customer according to § 11 para. 3 are exclusively subject to the statutory limitation periods.

 

§ 8. Customer Account and Use of Website

When creating an account on our website, you are responsible for maintaining the confidentiality of your account information, including your password, and for all activities that occur under your account. You agree to provide accurate and complete information when creating your account and to update this information as needed to ensure it remains accurate and complete.

You must notify us immediately if you suspect any unauthorized use of your account or other security breaches. [Your Company Name] will not be liable for any loss or damage arising from your failure to comply with these obligations.

You are prohibited from using our website for any unlawful purposes or in any manner that could damage, disable, overburden, or impair the site. Additionally, you agree not to interfere with or disrupt the security of the website or any services, accounts, servers, or networks connected to or accessible through the website.

Elite screens reserves the right to suspend or terminate your account and access to the website if you violate these terms or engage in any conduct that is harmful to the company or other users.

§ 9. Third-Party Links

1. External Links: Our website may contain links to third-party websites or services that are not owned or controlled by Elite Screens Europe GmbH. These links are provided for your convenience and reference only.

2. No Endorsement: Elite Screens Europe GmbH does not endorse or assume any responsibility for the content, privacy policies, or practices of any third-party websites. We do not guarantee the accuracy, completeness, or reliability of any information, products, or services offered by these third parties.

3. Access and Use: Your access and use of third-party websites are at your own risk. We recommend that you review the terms and conditions and privacy policies of any third-party websites you visit.

4. No Liability: Elite Screens Europe GmbH shall not be liable for any damages or losses incurred as a result of your use of or reliance on any third-party websites or services. This includes, but is not limited to, any direct, indirect, incidental, or consequential damages arising from any issues related to third-party content or services.

5. Changes to Links: Elite Screens Europe GmbH may remove or add links to third-party websites at its discretion. The inclusion of a third-party link does not imply any association or affiliation with the third-party website.

 

§ 10. Intellectual Property Rights

All content, materials, and information available on our website, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, and software, are the exclusive property of [Your Company Name] or its content suppliers and are protected by intellectual property laws. This includes copyrights, trademarks, trade secrets, and other proprietary rights.

You may not reproduce, distribute, modify, display, or create derivative works from any of the content without prior written consent from [Your Company Name]. Any unauthorized use may result in legal action. The use of our intellectual property for commercial purposes is strictly prohibited without express written permission.

§ 11. Liability

1. General Limitation: To the extent permitted by applicable law, Elite Screens Europe GmbH shall not be liable for any indirect, incidental, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your use or inability to use the website or our products; (b) any unauthorized access to or use of our servers and/or any personal information stored therein; (c) any interruption or cessation of transmission to or from our website; (d) any bugs, viruses, or the like that may be transmitted to or through our website by any third party; or (e) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the website.

2. Limitation of Direct Liability: In the event of a claim arising from a breach of these terms, our liability for any direct damages shall be limited to the amount actually paid by you for the specific product or service giving rise to the claim. This limitation applies regardless of whether the claim arises from a breach of contract, warranty, or any other legal theory.

3. Exclusions: The limitations of liability set forth in this section shall not apply in cases of: (a) liability for personal injury or death caused by our negligence; (b) liability for fraud or fraudulent misrepresentation; or (c) any other liability that cannot be excluded or limited by law.

4. Essential Terms: Some jurisdictions do not allow the exclusion or limitation of certain types of damages, so the above limitations may not apply to you. In such cases, our liability will be limited to the maximum extent permitted by law.

In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and the observance of which the contractual partner may regularly rely on (cardinal obligations) due to slight negligence on the part of us, our legal representatives or vicarious agents, liability is limited to the damage foreseeable at the time the contract was concluded limited, the occurrence of which must typically be expected.

For the rest, claims for damages are excluded.

 

§ 12. Final Provisions
1. If you are an entrepreneur, then German law applies to the exclusion of the UN Sales Convention.

2. If you are a merchant within the meaning of the Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.

 

§ 13. Dispute Resolution / Governing Law:

1. Governing Law: The laws of the Federal Republic of Germany shall govern all contracts, agreements, and disputes arising from the use of this website and transactions made through it. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.

2. Jurisdiction: If the customer is a merchant, entrepreneur, or a legal entity under public law, the exclusive place of jurisdiction for all disputes arising from the contractual relationship is the registered office of Elite Screens Europe GmbH in Henstedt-Ulzburg, Germany. For consumers, the statutory provisions regarding jurisdiction apply.

3. Alternative Dispute Resolution exclusively for the end-consumers: We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board under the Consumer Dispute Resolution Act (VSBG). However, for EU consumers, the European Commission provides an online dispute resolution platform, accessible at https://ec.europa.eu/consumers/odr, where you can find information and file complaints regarding disputes.

 

§ 14. Severability Clause

1. If any provision of these terms of sale is or becomes invalid in whole or in part, this shall not affect the validity of the remaining part of this provision or of these terms of sale as a whole.

 

§ 15 Jurisdiction, Place of Performance, Applicable Law, Contract Language, and Dispute Resolution

1. If the customer is a merchant, the jurisdiction shall be the local court in Kiel. However, this does not preclude Elite screens from filing a lawsuit at the customer's place of residence.

The place of performance is Hensted-Ulzburg if the customer is a merchant and the order confirmation does not state otherwise.

2. For private end consumers with a residence outside the European Union, the jurisdiction is the local court in Kiel. For private end consumers within the European Union, the law applicable at the consumer's place of residence may apply if it concerns mandatory consumer provisions.

The contract language is German.

§ 16. Modification of Terms

We reserve the right to modify, amend, or update these terms and conditions at any time. Any changes will be effective immediately upon posting the revised terms on our website or through other communication channels. It is your responsibility to review these terms periodically for any updates.

Your continued use of our services following the posting of any modifications signifies your acceptance of the updated terms. If you do not agree with the revised terms, you must discontinue your use of the services immediately.