Terms of service
I. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to all contracts that you conclude with us as the provider (D.Vision customparts UG) via the website www.elementofgods.com. Unless otherwise agreed the inclusion of any terms and conditions of your own used by you is contradicted.
(2) Consumer in the sense of the following regulations is every natural person, who concludes a legal transaction for purposes which can predominantly be attributed neither to his commercial nor to his independent professional activity can be attributed to them. An entrepreneur is any natural person or legal entity or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her independent professional or commercial activity.
§ 2 Formation of the contract
(1) The subject of the contract is the sale of goods.
(2) By placing the respective product on our website, we submit a binding offer to conclude a contract under the terms and conditions stated in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". Via the corresponding button in the the navigation bar, you can call up the "shopping cart" and make changes there at any time.
After calling the page "Checkout" and entering the personal data and the payment and shipping conditions shipping terms, all order data will be displayed again on the order overview page.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon-Payments, Postpay, Sofort), you will either be guided to the order overview page in our online store or you will first be redirected to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, please make the appropriate selection or enter your data there.
Finally, you will be redirected back to our online store to the order overview page.
Before sending the order, you have the opportunity to check all the information again, change it (also via the change (also via the "back" function of the Internet browser) or cancel the purchase.
By sending the order via the button "order with costs" you declare legally binding acceptance of the offer, whereby the contract is concluded.
(4) Your requests for the preparation of an offer are non-binding for you. We will submit to you a binding offer in text form (e.g. by e-mail), which you can accept within 5 days.
(5) The processing of the order and transmission of all information necessary in connection with the conclusion of the contract
information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure,
that the e-mail address you have provided to us is correct, that the receipt of the e-mails is technically secured and in particular that it is not prevented by SPAM filters.
§ 3 Individually designed goods
(1) You shall provide us with the suitable information, texts or files required for the individual design of the goods via the online ordering system or by e-mail at the latest available. Our specifications on file formats, if any, shall be observed.
(2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, name rights, trademark rights) or violate existing laws. You expressly indemnify us
from all claims asserted by third parties in this context. This also applies to the costs of legal representation required in this context.
(3) We do not check the transmitted data for correctness of content and do not assume any liability for errors.
§ 4 Right of Retention, Retention of Title
(1) You may only exercise a right of retention insofar as it relates to claims from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
§ 5 Warranty
(1) The statutory rights of liability for defects shall apply.
(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to inform us of any us and the carrier of any complaints as soon as possible.
If you do not comply with this, this has no effect on your legal warranty claims.
§ 6 Choice of law, place of performance, place of jurisdiction
(1) German law shall apply. In the case of consumers, this choice of law shall only apply to the extent that it does not affect the law of the country of the consumer's habitual residence is not withdrawn
(principle of favorability).
(2) The place of performance for all services arising from the business relations with us and the place of jurisdiction shall be our registered office, insofar as you are not a consumer, but a merchant, a legal entity under public law or a special fund under public law. The same shall apply if you do not have a general place of jurisdiction in
Germany or the EU or if your domicile or habitual residence is not known at the time the action is brought.
The right to call upon the court at another legal place of jurisdiction remains unaffected by this.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
II. customer information
1. identity of the seller
D.Vision customparts UG (limited liability)
Alternative Dispute Resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform) available at https://ec.europa.eu/odr.
2. information on the conclusion of the contract:
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction possibilities
and correction options are carried out in accordance with the "Formation of the Contract" provisions of our General
Terms and Conditions (Part I.).
3. contract language, contract text storage
3.1 The contract language is German.
3.2 The complete text of the contract shall not be stored by us. Before sending the order via the online shopping cart system, the contract data can be printed out using the print function of the browser or saved electronically. After receipt of the order by us, the order data, the legally prescribed statutory information for distance contracts and the terms and conditions again sent to you by e-mail.
3.3 In the case of quotation requests outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by e-mail, which you can print out or save electronically.
4. codes of conduct
4.1 We have signed up to the Buyer Seal Quality Criteria of the Händlerbund Management AG and thus the the Ecommerce Europe Trustmark Code of Conduct, which can be viewed at:
5. essential characteristics of the goods or services:
The essential characteristics of the goods and/or services can be found in the respective offer.
6. prices and payment modalities:
6.1 The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
6.2 The shipping costs are not included in the purchase price. They are available via a correspondingly button on our website or in the respective offer, will be shown separately in the course of the ordering process and will be charged separately in the course of the ordering process and are to be borne by you in addition, unless the
delivery free of shipping costs is promised.
6.3 The payment methods available to you are listed under a corresponding button on our website or in the respective offer.
6.4 Unless otherwise specified in the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
7. terms of delivery:
7.1 The terms and conditions of delivery, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
7.2 Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment shall not pass to you until the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you independently commissioned a transport company not named by the entrepreneur or a person otherwise designated to carry out the shipment.
8. legal liability for defects:
The liability for defects is governed by the provision "Warranty" in our general
Terms and Conditions (Part I).
These terms and conditions and customer information have been prepared by the lawyers of the Händlerbund specializing in IT law
and are permanently checked for legal conformity. The Händlerbund Management AG guarantees the accuracy and completeness of the information provided by the company: The European Commission provides a platform for out-of-court online dispute resolution (ODR platform) available at https://ec.europa.eu/odr.
last updated on: 07.12.2017