1. These terms and conditions
1.1 These are the general terms and conditions for the use of our website and the sale of our products (‘General Terms and Conditions’) of Elia Mor GmbH (‘Elia Mor’ or ‘we’) to consumers within the meaning of Section 13 of the German Civil Code (BGB), i.e. any natural person who enters into a legal transaction by means of online orders via our website https://eliamor.de for purposes which are predominantly outside that person’s trade, business or profession (‘you’).
1.2 Please read these Terms and Conditions carefully before placing your order with us. These Terms and Conditions tell you, among other things, who we are, how we provide products to you, how you or we can change or cancel orders, what to do if you have a problem and other important information.
2. Information about us
2.1 We are Elia Mor GmbH, a company registered in Germany. Our company registration number is HRB 132149 and our registered office is located at Frankfurter Straße 68, 63067 Offenbach am Main, Germany. Our registered VAT number is DE364249895 (Amtsgericht Frankfurt am Main). Our legal representative is Mrs Yeliz Dogan, CEO.
2.2 You can contact our customer service by telephone on +49 162 987 1249 or by email at support@eliamor.de.
2.3 If we need to contact you, we will do so by telephone or in writing to the email address or postal address you provided to us in your order.
3. Use of our website and our webshop
3.1 On our website you can purchase our products via our online sales channel. The online purchase of our products and the use of our website are only available to consumers. We are under no circumstances obliged to accept orders from entrepreneurs, legal entities or legal persons and we reserve the right to refuse orders intended for the resale of products through an unauthorised distributor and/or distribution channel (including dropshipping).
3.2 Information about our products can be found on our website. We endeavour to ensure that all information on the Website is complete and accurate. However, please note that there may be inaccuracies at the time of your order. In such cases, we may not accept your order.
3.3 We reserve the right to change, add and delete information on our website at any time without prior notice. Such changes will not affect any contracts already entered into.
3.4 You can only place an order with us if you agree to these Terms and Conditions. By using the Website, you agree to the provisions governing the fair use of our Website (‘the House Rules’), which can also be found on our Website. If we notice suspicious behaviour on our website, such as idiosyncrasies or irregularities in orders, fraudulent transactions, misuse of promotions and breaches of the terms and conditions for maintaining a customer account, we reserve the right to investigate and take appropriate action. Such measures may include the occasional or permanent blocking of (bank) accounts and/or payments, or the cancellation of orders. The measures to be taken and their timing are at our sole and reasonable discretion.
3.5 In addition, we keep a log of situations as mentioned in section 3.4. In the event of a breach of the House Rules, we reserve the right to add the persons involved to our fraud database. We do this solely in accordance with applicable data protection laws and regulations, including the GDPR. We process personal data in connection with the fraud database on the basis of our legitimate interest, i.e. the protection and prevention of damage to the company caused by fraudulent activities. Personal data in this database is stored for a period of one (1) to a maximum of three (3) years, depending on the severity of the violation of the house rules.
3.6 Please familiarise yourself with our ‘Elia Mor House Rules’ for information on fair use of our website and click here to read our Privacy Policy for further information on our data processing practices and security measures.
3.7 All intellectual property on this website, including but not limited to visuals, brand names, product descriptions and other communications contained on this website, is owned by us, the group of companies to which we belong or our licencees. It is prohibited to publish, copy, use or reproduce the contents of this website or parts thereof in any way, unless you have been granted permission to do so. You may copy information during your use of this website that is required for your own personal use, such as information required for your order.
4. How to create a customer account
4.1 In order to register on our website, you must complete the mandatory fields of the registration form correctly and in full. The registration is successfully completed when it has been confirmed by us by means of a corresponding confirmation e-mail. As soon as you have successfully registered, a personal Elia Mor number will be created for your customer account (‘ID’), which will be linked to the e-mail address you have provided. This ID is non-transferable and grants you access to your customer account.
4.2 You can also place your order as a guest without registering.
5. The order on our website
5.1 The products displayed on our website represent a non-binding product catalogue. Our product offers on the website are non-binding and do not constitute an offer to conclude a purchase contract.
5.2 By placing an order via the Website, you are making a binding offer to purchase the relevant product(s) and thus to enter into a contract of sale (‘Contract’).
You can order products on our website by selecting them and adding them to your shopping basket without obligation. You can check the contents of your shopping basket before proceeding with your order. In your shopping basket, you can make adjustments to your order at any time, e.g. change the quantity of a product or delete a product from your shopping basket. Please note that products in your shopping basket will only be reserved for you once the order process has been fully completed. You then select a delivery method. The delivery costs will be displayed on our website. In the next step, you must enter your e-mail address.
You can choose whether you want to pay as a registered member of My Elia Mor or as a guest. You will then be asked to enter all the details that are relevant for processing your order (first and last name, billing and delivery address). You will then be redirected to the payment process where you can select the payment method of your choice and enter your payment details. During the order process, we provide you with technical resources in the form of a standard check for completeness and plausibility (check whether all mandatory fields have been completed and whether the characters entered are suitable for the mandatory field in question) so that you can recognise any errors in your entries. You can correct your entries at any time using the ‘Back’ button in your browser before you place your binding order.
Your order details will then be summarised once again in an overview for your final check. By clicking on the ‘Buy now’ button, you place a binding order for the product(s) in your shopping basket.
You may only place a binding order if you have taken note of these General Terms and Conditions, agree to their application and if you have taken note of the Privacy Policy and the cancellation instructions mentioned in section 9.1 by ticking the boxes ‘I have taken note of the General Terms and Conditions and agree to them’ and ‘I have taken note of the cancellation instructions and the Privacy Policy’.
The General Terms and Conditions can be printed using the ‘Print’ function and saved using the ‘Save’ function.
5.3 After you have placed your order, we will immediately send you an automatically generated e-mail with an order number confirming receipt of your order (‘confirmation of receipt’). This confirmation of receipt means that your order has been received. It does not mean that your order has been accepted.
6. Our contract with you
6.1 Your order is final when we accept it. At this point, a contract is concluded between you and us. Acceptance of your order will be sent to you by separate e-mail (‘order confirmation’). The Order Confirmation will be sent within [three] working days of the date of the order. You should check all emails carefully, including the Order Confirmation and all Order Confirmations, to ensure that the information is correct. The order confirmation will also contain full details of the contract (including details of the order and these terms and conditions and instructions on the right of cancellation and privacy policy) in text form.
6.2 Circumstances may arise that affect order acceptance. We reserve the right to refuse orders at any time at our sole discretion.
6.3 If we are unable to accept your order, we will notify you by email and will not charge you for the product. This may be because the product is out of stock, because our resources are unexpectedly limited and we have not been able to plan for this, because a credit reference we have obtained does not meet our minimum requirements, because we have identified an error in the price or description of the product, because we are unable to meet a delivery deadline you have specified or for other reasons.
6.4 All order confirmations are subject to product availability and delivery. If items are not in stock, we reserve the right not to accept your order. In this case, we may inform you of alternative or similar items that you can purchase on our website. If you do not wish to purchase these items, no contract will be formed and we will refund any payments you may have already made to us for the unavailable items.
6.5 If an accepted order cannot be fulfilled temporarily due to an event of force majeure, such as mobilisation, war, terrorism, riots, natural disasters, fires or other unforeseeable circumstances beyond our control, such as lawful lockouts, business or transport disruptions, as well as direct or indirect effects of epidemics or pandemics, including the associated legal or other measures by authorities, the agreed delivery periods shall be extended by the duration of the hindrance plus a reasonable start-up period, but by a maximum of three months. We will inform you as soon as possible within a maximum of 14 days of the start and expected end of such circumstances. If the hindrance lasts six weeks or longer, either party may withdraw from the affected contract. We will refund any amounts you have paid in advance for products that can no longer be made available to you. Your rights in connection with the delay in delivery remain unaffected.
6.6 The following languages are available for the conclusion of the contract: German and English.
7. Delivery
7.1 When you place an order, you will be asked to provide a delivery address in the country of the Website. Unfortunately, we do not deliver to postal addresses or locations outside the country of the website where you placed your order. We currently only deliver our products within Germany, Austria and Switzerland. We will consider delivery to other countries in time.
7.2 If you have selected delivery to your address, we will send you a further email with the estimated delivery time(s).
7.3 If you have ordered multiple products via our website, it is possible that your delivery will be delivered in separate deliveries (split deliveries) from our warehouses and shops.
8 Our products
8.1 The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that the colour representation of a device accurately reflects the colour of the products. Your product may vary slightly from these images. The packaging of the product may differ from the packaging shown in the images on our website. Our flacons (diffusers) are characterised by individual pattern designs, such as the Golden Pearl or the Black Marble. Each design is unique and may vary slightly.
8.2 The above information does not affect your statutory rights in relation to faulty or incorrectly described products.
9. Your legal right of cancellation
9.1 You have the right to cancel the purchase contract, subject to the following provisions.
9.2 Instructions for cancellation
Right of cancellation
You have the right to cancel the contract within 14 days without giving any reason.
The cancellation period expires 14 days after the day on which you or a third party other than the carrier and indicated by you acquires physical possession of the (last) goods.
To exercise the right of cancellation, you must inform us (Elia Mor GmbH, Frankfurter Straße 68, 63067 Offenbach am Main, +49 162 987 1249, support@eliamor.de) of your decision to cancel the contract by an unequivocal statement (e.g. letter sent by post or e-mail).
To comply with the cancellation period, it is sufficient for you to send your notification of your exercise of the right of cancellation before the expiry of the cancellation period.
Effects of the cancellation
If you cancel a contract, we will reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to cancel the contract. We will make such a refund using the same means of payment that you used for the original transaction, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of such a refund. We may withhold the refund until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the earliest.
You must return or hand over the goods to us (or to the person/company authorised by you to receive the goods) immediately and in any case no later than 14 days after the day on which you notify us of your cancellation of the contract. The deadline is deemed to have been met if you return the goods before the 14-day period has expired.
We will bear the cost of returning the goods if they are returned from the same country in which we delivered the products.
9.3 N/A.
9.4 In accordance with the provisions in Section 10.3, you have the contractual right to cancel the contract beyond the statutory period of 14 days, within a total period of 30 days after delivery.
9.5 Unless we have agreed otherwise, the right of cancellation does not apply to contracts for the delivery of goods that are not suitable for return for health protection or hygiene reasons if these goods have been opened after delivery. Likewise, unless we have agreed otherwise, the right of cancellation does not apply to contracts for the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or determination by you is decisive or which are clearly tailored to your personal needs.
10. Your rights to cancel your order
10.1 Your rights when cancelling the order and therefore ending the contract will depend on what you have bought, whether the product you ordered is defective, how we operate and when you decide to end the contract. The cancellation and/or termination rights set out in this Section 10 do not affect or limit any termination rights granted to you by applicable mandatory laws.
10.2 If a product you have bought is faulty or misdescribed, you may have the right to cancel the contract (or to have the product repaired or replaced, or to get some or all of your money back). Details of your rights in relation to defects are set out in Section 13.
10.3 If you have recently changed your mind about the product, you may be able to return that product and get a refund if the 30 day cooling-off period provided has not expired. This cooling-off period starts on the date you received the products. Our 30-day returns policy reflects the goodwill guarantee offered to you by us and goes beyond your legal right to change your mind within 14 days of delivery of the Products as set out in Section 9.
11. How to cancel your order
11.1 To end your contract with us, please let us know by doing one of the following:
- (a) By telephone or email. Call our customer service on +49 162 987 1249 or email us at support@eliamor.de. Please provide your name, home address, details of the order and, if available, your telephone number and e-mail address or
- (b) Online. Fill in the form on our website or
- (c) By any other clear means.
12. How to return your order to us
12.1 If you wish to return your order to us in connection with your legal right of withdrawal as set out in Section 9, please follow the instructions there. If you wish to return your order to us in connection with your contractual right of withdrawal as set out in Section 10.3, you may do so in accordance with Sections
12.2 to 12.8 below. 12.2 You may return the product within a maximum of 30 days from the date you received the products. Returning the products is free of charge if the shipment to us is made from the same country where we delivered the products. In all other cases, the cost of shipping to us will be at your expense. If you return your order to us, please ensure that you send the order in its original packaging and complete the return form that accompanies your order. You can also find the form here.
12.3 We reserve the right to refuse the return of items that have been sealed for health protection or hygiene purposes if they have been opened after receipt.
12.4 Subject to section 12.3, it is not possible to return car perfumes whose sealed packaging has been opened, or if these items have been used, as this will result in Elia Mor not being able to resell these products. It is also not possible to return personalised products that are specially made based on your specifications and manufactured by us based on your individual choice or decision or are otherwise clearly intended for you.
12.5 Online orders that you have picked up from one of our stores or partner stores, as well as online orders that are shipped to your home, can be returned to one of our stores or partner stores of your choice. If available in your country.
12.6 If you have received a gift with your order and wish to return the complete order to us, please ensure that you include the gift with your return. If you keep the gift, we will deduct the price of the gift from your refund.
12.7 After receiving your return request, we will process any refunds due as soon as possible and within a maximum of 14 days of receiving your cancellation.
12.8 For more information about our ordering and returns process, please see our FAQ page.
13. Product, claims for defects
13.1 If you have any questions or complaints about the product, please contact us. You can contact our customer service team by phone at +49 162 987 1249 or by email at support@eliamor.de. Fees vary depending on the service provider and country.
13.2 We are legally obliged to deliver products that correspond to your order. In the event of defects in the products, the statutory provisions apply, in particular your right to repair, to withdraw from the contract or to reduce the purchase price. Nothing in these General Terms and Conditions affects these statutory rights.
13.3 The limitation period for all claims for defects is two years and begins with the delivery of the relevant products to you. Claims for defects that we have fraudulently concealed or that are covered by a quality or durability guarantee remain unaffected by this Section 12.4.
13.4 Claims for damages due to defects are subject to statutory law, albeit modified by the provisions in Section 15.
14 Price and payment
14.1 The price of the Product (including VAT) will be the price shown on the order pages when you placed your order. All applicable delivery costs and other charges will be automatically added to your shopping basket and shown in the order details summary as set out in clause 5.2.
14.2 We will take reasonable care to ensure that the price of the relevant Product quoted to you is correct. It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly calculated on the Site. The prices shown in your shopping basket are the final prices payable. We will not be liable for, and will not be bound by, any prices that are manifestly incorrect or inaccurate.
14.3 If we accept and process your order where a pricing error is obvious and unmistakable and should reasonably have been recognised by you as a mispricing, we may (i) charge you the corrected price of the items or, (ii) if you do not agree with the corrected price, cancel the contract, refund you all amounts you have paid and require the return of any goods provided to you.
14.4 We accept various methods of payment:
- Credit card (MasterCard, VISA, American Express): Your credit card will be charged when the order is confirmed.
- PayPal: You pay the invoice amount via the online provider PayPal. In general, you must register or be registered with PayPal, enter your login details to confirm your identity and then confirm the payment instructions to us. You will receive further information during the order process.
- Elia Mor (online) gift voucher: To redeem your (online) gift voucher, enter your name, gift voucher number and code in the gift voucher field when paying. This will automatically deduct the full amount of your (online) gift voucher from your order total. If your (online) gift card does not cover the full order amount, you can use another payment method to pay for the rest of your order. You cannot use only part of your (online) gift voucher amount for an order. If you use an (online) gift card online and the total value of the order is less than the value of the card, the balance will remain on the card and can be applied to future purchases, provided the card has not expired.
14.5 If you subsequently pay with Klarna, we will retain title to the products delivered to you until payment has been made in full. You will not be entitled to resell any products delivered to you which are subject to retention of title as set out in this Section 14.5 unless we have given prior written consent to such resale.
15 Our responsibility for any loss or damage you suffer (liability)
15.1 Elia Mor is liable for damages for any legal reason in accordance with the following provisions:
15.2 Elia Mor’s liability for damages caused by simple negligence (simple negligence) is limited to typical and foreseeable damages resulting from the breach of a material contractual obligation. A material obligation is an obligation that is necessary to fulfill the purpose of the respective agreement and on whose fulfillment a contractual partner regularly relies or may rely. This limitation of liability applies equally to damages caused by gross negligence on the part of Elia Mor’s employees or representatives who are not directors or managers of Elia Mor.
15.3 The above limitation of liability does not apply to (i) the liability of Elia Mor under the German Product Liability Act (Product Liability Act), (ii) defects for which a guarantee for the quality of the product (quality guarantee) was given (in this case liability shall be in accordance with the terms of this guarantee), (iii) injury to life, body or health (injury to life, body or health), (iv) fraudulently concealed defects, (v) intent (intention), and (vi) gross negligence (gross negligence) of an executive or manager of Elia Mor.
15.4 The above limitations of liability also apply in the event of your claim for damages against executives, managers, employees or representatives of Elia Mor.
15.5 The above limitations of liability apply accordingly to wasted expenses.
15.6 We supply products exclusively for domestic and private use. If you use the Products for any commercial, business or resale purposes, we will not be liable to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
16. How we may use your personal data
16.1 We will only use your personal information in accordance with our Privacy Policy.
17 Other important terms
17.1 These Terms and Conditions may change from time to time. Amended Terms and Conditions will apply to orders placed after the change comes into effect. Please visit our website for the latest version.
17.2 These Terms and Conditions are governed by German law. However, this choice of law will not apply if it has the effect of depriving you of the protection afforded to you by provisions which cannot be derogated from by agreement as a matter of law and which, in the absence of a choice, would have been applicable as a matter of law. You may bring legal proceedings in relation to the Products and any claims arising out of or in connection with the Contract in the German courts or, if you are a consumer resident in the EU, in the courts of the place where you are resident.
17.3 We do not participate in the alternative dispute resolution procedure in consumer matters under the German Alternative Dispute Resolution Act (VSBG). You can refer a dispute to the European Online Dispute Resolution (“ODR”) platform at https://ec.europa.eu/consumers/odr/main/. The ODR platform is a web-based platform to support you when purchasing products or services online.
17.4 If you have any complaints, please contact us by email at support@eliamor.de or by phone at +49 162 987 1249. We will do our best to respond to your complaint within 14 days of receipt. If more time is needed to formulate a response, we will inform you of the delay and our reasons.
17.5 We ask our customers to resolve a complaint by mutual agreement within a period of four (4) weeks before we submit the claim for possible legal proceedings.