Table of Contents
1. Scope of Application
2. Conclusion of Contract
3. Right to Cancel
4. Prices and Payment Conditions
5. Shipment and Delivery Conditions
6. Granting Rights of Use for Digital Content
7. Reservation of Proprietary Rights
9. Applicable Law
10. Alternative dispute resolution
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of the company Ella Ray (Klassen) (hereinafter referred to as "Seller”)
shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "Client”) and the Seller relating to all goods
and/or services presented in the Seller's online shop.
The inclusion of the Client’s conditions is herewith objected to unless other terms have been stipulated.
1.2 These GTC apply accordingly to the supply of digital content unless expressly agreed otherwise.
1.3 A consumer according to these GTC is any natural person concluding a legal transaction for a purpose attributed neither to a mainly
commercial nor a self-employed occupational activity. A trader according to these GTC is any natural or legal person or partnership with legal
capacity acting in the performance of a commercial or self-employed occupational activity when concluding a legal transaction.
1.4 Digital content in the sense of these GTC is all data not on a tangible medium that is produced in digital form and are supplied by the Seller
by granting certain usage rights precisely defined in these GTC.
2) Conclusion of the Contract
2.1 The product descriptions in the Seller’s online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of
submitting a binding offer by the Client.
2.2 The Client may submit the offer via the online order form integrated into the Seller's Copyright © 2020, IT-Recht-Kanzlei · Alter Messeplatz 2 ·
80339 München Tel: +49 (0)89 / 130 1433 - 0· Fax: +49 (0)89 / 130 1433 - 60 online shop. In doing so, after having placed the selected goods
and/or services in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the
Client submits a legally binding offer of contract concerning the goods and/or services contained in the shopping cart.
2.3 The Seller may accept the Client’s offer within five days, - by transferring a written order confirmation or an order confirmation in written form
(fax or e-mail); insofar receipt of order confirmation by the Client is decisive, or - by delivering ordered goods to the Client; insofar receipt of
goods by the Client is decisive, or - by requesting the Client to pay after he placed his order.
Provided that several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned
alternatives firstly occurs.
Should the Seller not accept the Client’s offer within the aforementioned period, this shall be deemed as rejecting the offer with the
effect that the Client is no longer bound by his statement of intent.
2.4 When submitting an offer via the Seller's online order form, the text of the contract is stored by the Seller after the contract has been
concluded and transmitted to the Client in text form (e.g. e-mail, fax or letter) after the order has been sent. The Seller shall not make the
contract text accessible beyond this.
2.5 Before submitting a binding order via the Seller’s online order form, the Client may recognize input errors by reading attentively the
information displayed on the screen.
The enlargement function of the browser to enlarge the display on the screen may be an effective method for better-recognizing input errors.
The Client can correct all the data entered via the usual keyboard and mouse function during the electronic ordering process until he clicks
the button finalizing the ordering process.
2.6 The English language is exclusively available for the conclusion of the contract.
2.7 Order processing and contacting usually takes place via e-mail and automated order processing. It is the Client’s responsibility to ensure that
the e-mail address he provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. In
particular, it is the Client`s responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or by third parties commissioned
by the Seller with the order processing can be delivered.
3) Right to Cancel
3.1 Consumers are entitled to the right to cancel.
3.2 Detailed information about the right to cancel is provided in the Seller’s instruction on cancellation.
4) Prices and Payment Conditions
4.1 Unless otherwise stated in the product description, prices indicated are total prices.
Sales tax is not listed since the Seller is a small trader within the meaning of section 19, para 1 German Turnover Tax Act. Any possible
additional delivery and dispatch costs are specified separately in the respective product description.
4.2 Payment can be made using one of the methods mentioned in the Seller’s online shop.
4.3 When payments are made using a payment method offered by PayPal, handling of payments takes place via the payment service provider
PayPal ((Europe) S.a. r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter called “PayPal”) subject to the PayPal terms of
In case the client has no PayPal account, the conditions applicable for payments without PayPal account will be effective. They can be viewed at
5) Shipment and Delivery Conditions
5.1 Goods are generally delivered on dispatch route and to the delivery address indicated by the Client unless agreed otherwise. During the
processing of the transaction, the delivery address indicated in the Seller’s order processing is decisive.
5.2 Should the assigned transport company return the goods to the Seller because delivery to the Client was not possible, the Client bears the
costs for the unsuccessful dispatch. This shall not apply if the Client exercises his right to cancel effectively, if the Copyright © 2020, IT-Recht-
Kanzlei · Alter Messeplatz 2 · 80339 München Tel: +49 (0)89 / 130 1433 - 0· Fax: +49 (0)89 / 130 1433 - 60 delivery cannot be made due to
circumstances beyond the Client's control or if he has been temporarily impeded to receive the offered service unless the Seller has notified
the Client about the service for a reasonable time in advance.
5.3 Personal collection is not possible for logistical reasons.
5.4 Digital content will be provided to the Client exclusively in electronic form as follows:
- via download
- by e-mail
6) Granting Rights of Use for Digital Content
6.1 Unless otherwise stipulated in the description of contents displayed in the Seller's online shop, the Seller grants the client the non- exclusive
right, unlimited concerning place and time, to use the contents supplied for private and professional purposes.
6.2 The transmission of content to third parties or the production of copies to third parties in a way not covered by the GTC is prohibited, unless
the Seller has consented to the transfer of the contractual license to third parties.
6.3 The granting of rights according to section 158 (1) German Civil Law Code will only become effective if the Client has paid the contractually
stipulated compensation in full.
The Seller may allow the use of the contractual contents temporarily before this date. A transfer of rights does not take place via such
7) Reservation of Proprietary Rights
If the Seller provides advance deliveries, he retains title of ownership to the delivered goods, until the purchase price owed has been paid in full.
8.1 Should the object of purchase be deficient, statutory provisions shall apply.
8.2 The Client is asked to notify any obvious transport damages to the forwarding agent and to inform the Seller accordingly. Should the Client fail
to comply therewith, this shall not affect his statutory or contractual claims for defects.
9) Applicable Law
9.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties under the exclusion of the laws governing
the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the granted protection is not
withdrawn by mandatory provisions of the law of the country, in which the consumer has his habitual residence.
Copyright © 2020, IT-Recht-Kanzlei · Alter Messeplatz 2 · 80339 München Tel: +49 (0)89 / 130 1433 - 0· Fax: +49 (0)89 / 130 1433 - 60
9.2 Concerning the statutory right of cancellation, this choice of law does not apply to consumers who do not belong to a member state of the
European Union at the time of the conclusion of the contract and whose sole place of residence and delivery address are outside the European
Union at the time of the conclusion of the contract.
10) Alternative dispute resolution
10.1 The EU Commission provides on its website the following link to the ODR platform: ODR
This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded
between consumers and traders.
10.2 The Seller is not obliged to use ADR entities to resolve disputes with consumers, but he is in principle ready for this.