Terms & Conditions

Version: 210510-EN

1. Scope

The following terms and conditions apply to all orders via our online shop. Our online shop is aimed exclusively at consumers. A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An entrepreneur is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2. Contractual partner, conclusion of contract

Your purchase contract is concluded with Comelli and Pirker GbR.
Partners: Eleonora Comelli-Stuckenfeld, Michael Pirker
Address: Kirchstr. 8, 83679 Sachsenkam, Germany
Phone: +49 8042 560 999 9
Email: info@ellicomelli.com
Sales tax identification number: DE318454721

By placing the products in the online shop, we are submitting a binding offer for these items. You can initially place our products in the shopping cart without obligation and correct your entries (type and quantity of the desired products, billing and delivery address, payment method) at any time before submitting your binding order by using the correction aids provided and explained in the order process. The contract is concluded when you click on the order button to accept the offer for the goods in the shopping cart. Immediately after submitting the order, you will receive a confirmation by email.

3. Contract language, contract text storage

The language available for the conclusion of the contract is English. We save the text of the contract and send you the order data and our terms and conditions by email. You can view the contract text at any time in our login-protected customer area.

4. Prices, shipping costs, return costs

All prices in our online shop are final prices and include German sales tax.

In addition to the stated product prices, shipping costs may also apply. The shipping costs for all countries can be found in the offers in our online shop.

International shipping to EU third countries:

We do NOT charge German VAT for international shipments to third-party EU countries (e.g. Switzerland). Your order will be cheaper for you by this amount and will be taken into account accordingly in the ordering process.
However, international shipping to other EU third countries (e.g. Switzerland) is associated with additional costs, such as customs duties, customs fees and import sales tax. These additional costs will be determined by the state authorities responsible for you and will be invoiced to you upon import. We are not involved in this process. You bear these costs.
For bank transfers from non-EU countries, we recommend you a euro bank account in order to save bank fees.
Please note that all costs incurred for (foreign currency) bank transactions must be covered by you. The full amount of your order must be credited to our account.

If you have a right of withdrawal and use it, you bear the costs of the return.

5. Terms of delivery

We ship with DHL and DPD and DHL's national partners.

Fast and reliable deliveries to you are very important to us. However, the obligation to deliver does not apply if we ourselves are not supplied correctly and on time and if we are not responsible for the lack of availability. If the goods are not available, we will inform you immediately and any advance payment will be reimbursed immediately. The delivery time is extended appropriately in the case of strike measures and lockouts that impair delivery as well as other circumstances for which we are not responsible, in particular in cases of delivery delays due to force majeure. We will inform you of the beginning and end of such obstacles immediately.

We are an online company only and therefore only deliver by mail. It is not possible to collect the goods at our premises.

6. Payment

Depending on the country, the following payment methods are available in our shop:

Credit card (MasterCard, Visa, American Express)

When you place your order, you transmit your credit card details. After your legitimation as the legal cardholder, we will ask your credit card company to initiate the payment transaction immediately after the order has been placed. The payment transaction is automatically performed by the credit card company and charged to your card. Your credit card payment will be accepted by our payment service provider, Stripe Deutschland GmbH.

Apple Pay

Apple Pay is offered by Apple Inc. and is available to credit or debit card holders from banks participating in Apple Pay. When you place your order, you only transmit your Apple Pay data ("Device Account Number"), but not your card number. You then confirm the amount to be paid using your Touch ID, your PIN or security code. The payment transaction will then be carried out automatically and your card will be charged. Your card payment with Apple Pay will be accepted by our payment service provider, Stripe Deutschland GmbH.

Google Pay

Google Pay is a payment method for credit or debit card holders from banks participating in Google Pay. When you place your order, you only transmit your Google Pay details, but no credit card details. These are only stored at your bank. Immediately after you have confirmed the amount to be paid, your account will be debited immediately after placing your order. Your card payment with Google Pay will be accepted by our payment service provider, Stripe Deutschland GmbH.

Giropay

After placing your order, you will be redirected to your bank's website. In order to be able to pay the invoice amount via Giropay, you must have an online banking account with PIN / TAN that has been activated for participation in Giropay, identify yourself accordingly and confirm the payment order to us. You'll get more information during the ordering process. The payment transaction will be carried out immediately afterwards and your account will be debited. Your Giropay payment will be accepted by our payment service provider, Stripe Deutschland GmbH.

Sofort

After placing your order, you will be redirected to the website of the online provider Sofort GmbH. In order to be able to pay the invoice amount via Sofort, you must have an online banking account with PIN / TAN that has been activated for participation in Sofort, identify yourself accordingly and confirm the payment order to us. You'll get more information during the ordering process. The payment transaction will be carried out immediately afterwards by Sofort and your account will be debited. Your immediate payment will be accepted by our payment service provider, Stripe Deutschland GmbH.

SEPA direct debit

By submitting your order, you give us a SEPA direct debit mandate. We will inform you about the date of the account debit (so-called prenotification). By submitting the SEPA direct debit mandate, we request our bank to initiate the payment transaction. The payment transaction is carried out automatically and your account is debited. The account is debited before the goods are dispatched. The period for the advance notice of the date of the account debit (so-called prenotification period) is 5 days. Your SEPA direct debit payment will be accepted by our payment service provider, Stripe Deutschland GmbH.

PayPal, PayPal Express

During the ordering process you will be redirected to the PayPal website. In order to be able to pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data and confirm the payment instruction to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction. The payment transaction will be carried out automatically by PayPal immediately afterwards. You'll get more information during the ordering process. Your PayPal payment will be accepted by our payment service provider, Stripe Deutschland GmbH.

Payment in Advance

After placing your order in our shop, we will send you our bank account information in a separate email. Please Note: We will process and ship your oder only after complete receipt of your payment.

iDEAL

After placing your order, you will be redirected to your bank's website. In order to be able to pay the invoice amount via iDEAL, you must have an activated online banking account with PIN / TAN procedure for participation in iDEAL, identify yourself accordingly and confirm the payment order to us. You'll get more information during the ordering process. The payment transaction will be carried out immediately afterwards and your account will be debited. Your iDEAL payment will be accepted by our payment service provider, Stripe Deutschland GmbH.

Bancontact

After placing your order, you will be redirected to the Bancontact Payconiq Company website. In order to be able to pay the invoice amount via Bancontact, you must either use the Bancontact app or enter your Bancontact card information manually and confirm the payment instruction to us. You'll get more information during the ordering process. The payment transaction will be carried out immediately afterwards by Bancontact and your account will be debited. Your Bancontact payment will be accepted by our payment service provider, Stripe Deutschland GmbH.

7. Retention of Title

The goods remain our property until full payment.

8. Transport damage

If goods are delivered with obvious transport damage, please report this to the deliverer as soon as possible and contact us immediately. Failure to lodge a complaint or to contact us does not affect your legal claims and their enforcement, in particular your warranty rights. However, you help us to assert our own claims against the carrier or the transport insurance company.

9. Warranty

If the goods are defective, you have a statutory right to liability for defects (warranty).

10. Liability

We are always unrestrictedly liable for 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 willful or grossly negligent breach of duty,
for guarantee promises, if agreed, or
as far as the scope of application of the Product Liability Act is opened.

In the event of a breach of essential contractual obligations (cardinal obligations), the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the contractual partner may regularly rely on, through slight negligence on the part of us, our legal representatives or vicarious agents, the amount of liability is limited to the foreseeable damage, the occurrence of which can typically be expected, at the time the contract was concluded. Otherwise, claims for damages are excluded.

11. Data protection

Data protection is very important to us. Of course, we strictly adhere to all legal requirements. In our data protection regulations we explain in detail which of your data we need and use for which purposes.

12. Applicable Law

The law of the Federal Republic of Germany applies exclusively. This only applies insofar as this does not restrict any statutory provisions of the state in which you have your domicile or habitual abode.

13. Severability Clause

The ineffectiveness of a provision of these terms and conditions does not affect the effectiveness of the other provisions.

14. Dispute Resolution

The European Commission provides a platform for online dispute resolution (OS): https://ec.europa.eu/consumers/odr/

We are ready to take part in an out-of-court arbitration procedure before a consumer arbitration board.