1. SCOPE AND APPLICABLE LAW

These General Terms and Conditions (GTC) apply to all orders placed between Etalon Vert GmbH (hereinafter “Etalon”) and the customer via the online shop of the registered Etalon Vert brand (etalon-vert.com).
Differing conditions do not apply unless Etalon has expressly agreed to them in writing.
The law of the Federal Republic of Germany applies to these General Terms and Conditions and any legal transactions concluded with Etalon. The UN Convention on Contracts for the International Sale of Goods and any other intergovernmental agreements are not taken into account.

2. CONCLUSION OF CONTRACT

The presentation of Etalon Vert products in the online shop does not constitute a legally binding offer.
Only by clicking the “Buy Now” button do you place a binding order for the goods in your shopping cart.
The order confirmation takes place immediately after sending the order by an automated email, which does not constitute a legally binding confirmation of the purchase contract. It is important to provide your actual email address when placing your order so that you receive the email to check the items you have ordered. The purchase contract is only concluded when we expressly accept your offer or send you the ordered goods.

3. RIGHT OF WITHDRAWAL AND CONSEQUENCES

Below you will receive the legally required information about your right of withdrawal and its consequences.

UPDATE for the period from December 1st, 2023 to December 31st, 2023: An extended right of cancellation applies to all orders placed during this period, which allows cancellations until January 6th, 2024.

 

RIGHT OF WITHDRAWAL:

You have the right to cancel this contract within fourteen days without giving any reasons. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods.

In order to exercise your right of withdrawal, you must contact us,

Etalon Vert GmbH
Siegburger Straße 231
50679 Cologne,
Email: hey@etalon-vert.com,

inform you of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or email). You can use the attached sample cancellation form, although this is not mandatory. In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.

IMPORTANT: Please use the following return address for returns:
Freshwind GmbH
c/o Etalon Vert GmbH
Hans-Böckler-Str. 11
D-51503 Rösrath

CONSEQUENCES OF CANCELLATION:

If you cancel this contract, we will refund to you all payments received from you, including delivery costs (except for additional costs resulting from you choosing a method of delivery other than the cheapest standard delivery offered by us have) to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment. We may refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of your cancellation of this contract. The deadline is met if you send the goods before the fourteen day period has expired.

You will bear the direct costs of the return.

You are only liable for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functionality of the goods.

SAMPLE CANCELLATION FORM

(If you want to cancel the contract, please fill out this form and send it back)

To Etalon Vert GmbH, Siegburger Straße 231, 50679 Cologne, email: hey@etalon-vert.com

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 the consumer(s)
— Address of the consumer(s)
— Signature of the consumer(s) (only for paper notification)
- Date
(*) Delete what is not applicable
End of revocation

Exceptions to the right of withdrawal:

There is no right of withdrawal for purchase contracts for goods that are not prefabricated and are created individually to the customer's order and specifications.

4. PAYMENT AND INVOICING

Our online shop offers payment options via PayPal, credit card, SOFORT transfer and advance payment.

If you pay via PayPal, you need to register beforehand with the online provider PayPal. You can use your access data to identify yourself and thus confirm the payment order to us. You will receive further information during the ordering process.

Payment by credit card is made upon completion of the order.

Payment by SOFORT transfer is made via SOFORT GmbH’s secure payment portal, which is not accessible to retailers. The invoice amount will be transferred directly from your bank account to our account. If you as a buyer have an account that is activated for the PIN/TAN procedure, this payment method is generally available to you.

Payment in advance is made by bank transfer to our company account. The necessary information will be sent with the order confirmation. There is a period of 14 days available for the transfer. If payment is not received within this period, the order will be canceled.

The invoice will be sent to you as an attachment to the order confirmation.

When paying on account, we expressly point out that if the customer does not pay on time, we are entitled to forward the process to a debt collection service provider for the purpose of collecting the debt there. Furthermore, in this case the customer must also bear the additional costs associated with the delay.

5. PRICES AND SHIPPING COSTS

The prices apply at the time of ordering.
All prices displayed in our online shop are gross prices and include statutory sales tax and plus applicable shipping costs.
A list of flat rate shipping costs can be found in the footer on the “ Shipping and Delivery ” page in the footer of the website.
Etalon reserves the right to change the prices published in the online shop.

6. DELIVERY TERMS

Delivery takes place from our logistics partner's warehouse to the delivery address specified during the ordering process unless otherwise agreed.
We generally expect to process incoming orders within 24 hours on weekdays and then ship them with DHL. In the case of promotions, the delivery time may be delayed.
The duration of our standard shipping depends on the delivery area. Please find this information on the “ Shipping and Delivery ” page in the footer of this website.
If Etalon is unable to deliver the ordered goods through no fault of its own because Etalon's supplier does not fulfill its contractual obligations, Etalon is entitled to withdraw from the contract with the purchaser. In this case, the customer will be informed immediately that the ordered product is not available. The purchaser's legal claims remain unaffected.

7. RETENTION OF TITLE

The goods remain the property of Etalon Vert GmbH until full payment has been made.

8. WARRANTY

Unless expressly agreed otherwise, the statutory warranty provisions apply.
The statutory limitation period for warranty claims applies from the date of purchase.

• Damage is excluded from the warranty in the following cases:
• Defect or damage caused by improper use or incorrect care
• Defect or damage caused by fire, water or natural disasters and earthquakes
• Visual changes that are due to natural wear and tear

9. REDEMPTION OF PROMOTIONAL VOUCHERS & PROMOTIONS

Multiple vouchers cannot be combined for one purchase. Vouchers and discounts that are issued free of charge by Etalon as part of promotions with a specific period of validity and which cannot be purchased by the customer (hereinafter "promotional vouchers") can only be used in the seller's online shop (www.windandvibes.com) and can only be redeemed within the specified period. Individual products may be excluded from promotional vouchers if a corresponding restriction results from the content of the promotional voucher. Reduced products and special editions are excluded from promotional vouchers unless otherwise stated in the content of the promotional voucher. Promotional vouchers can only be redeemed before completing the ordering process. Subsequent billing is not possible.

For absolute promotional vouchers (value in EUR), the value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller. If the value of the promotional voucher is not sufficient to cover the order, you can choose one of the other payment methods offered by the seller to pay the difference. The balance of a promotional voucher will neither be paid out in cash nor interest. The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of his statutory right of withdrawal. Promotions and discounts cannot be combined with one another.

All orders containing a discounted set (more than one item) are subject to the following conditions:

If individual items from a reduced set are returned, the set price no longer applies to them. In this case, the sum of the individual item prices of the non-returned items must be paid. The set prices are discounted prices which only apply as long as all items in the set are purchased.

10. LIABILITY FOR DEFECTS

Unless otherwise specified below, Etalon's liability for damages is limited to grossly negligent and intentional behavior, regardless of the type of breach of duty and including tortious acts.
In the event of a breach of essential contractual obligations, we are liable for any negligence. However, this liability is limited to the amount of damage typically foreseeable at the time the contract was concluded, depending on the type of order.
Any limitations of liability do not apply in the event of injury to life, body or health, in the case of guarantee promises where agreed, or in cases within the scope of the Product Liability Act.
To the extent that Etalon's liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
As part of subsequent performance, Etalon will only choose replacement delivery.

11. ITEM DESCRIPTIONS

The available product photographs and information text represent the product as accurately as possible.
Etalon is not liable for any errors on the site and cannot guarantee that all images accurately reflect the actual appearance of the product.
The photographs may vary depending on the (color) settings of your computer. All images are to be viewed as non-binding illustrations and therefore do not guarantee a correct representation of the properties. Please pay attention to the written description.

12. COMPETITION TERMS AND CONDITIONS

Competitions are carried out by Etalon Vert GmbH, based at Siegbruger Straße 231, 50679 Cologne, using the registered trademark “Etalon Vert”. Natural persons who have reached the age of 14 are eligible to participate. Participation in Etalon Vert competitions is free of charge and is governed exclusively by these terms and conditions of participation.

Procedure of the competition

Within the specified competition period, users will have the opportunity to take part in the competition online. Participation Participation is only possible within the participation period. Entries received after the closing date will not be taken into account in the draw. Only one submitted registration per participant will take part in the competition. It is strictly forbidden to use multiple email addresses or multiple Instagram profiles to increase your chances of winning. Eligible participants are natural persons who have reached the age of 14. Participation is not limited to the organizer's customers and is not dependent on the purchase of goods or services. If a participant is restricted in their legal capacity, the consent of their legal representative is required. All persons and employees of the operator involved in the conception and implementation of the competition as well as their family members are not eligible to participate in the competition. In addition, the operator reserves the right to exclude people from participation at its own discretion if there are legitimate reasons, for example (a) in the event of manipulation in connection with access to or implementation of the competition, (b) in the event of violations of these conditions of participation, (c). unfair dealing or (d) false or misleading information in connection with participation in the competition.

Winning, notification and transmission of the win

The winners will be determined after the closing date for participation in a random raffle among all participants. If the competition is linked to a task, only those participants who have completed the task correctly will be entered into the raffle. The winners of the raffle will be informed promptly about their prize via a separate message (Instagram - Direct Messages, Facebook - Facebook Messenger or email). The prize will be handed over exclusively to the winner or to the legal representative of the minor winner. An exchange, self-collection or a cash payment of the winnings are not possible. The operator will cover any costs incurred for shipping the prizes. Any additional costs associated with claiming the prize will be borne by the winner. The winner is responsible for any taxation of the prize. If the winner does not respond after being asked twice within 3 weeks, the prize can be transferred to another participant. Termination of the competition The organizer expressly reserves the right to end the competition without prior notice and without giving reasons. This applies in particular to any reasons that would disrupt or prevent the competition from running as planned. Data protection In order to take part in the competition, you must provide personal data. The participant assures that the personal information provided by him, in particular first name, last name and email address, is truthful and correct. The organizer points out that all of the participant's personal data will neither be passed on to third parties nor made available for their use without their consent. In the event of a win, the winner agrees to the publication of his name and place of residence in the advertising media used by the organizer. This includes the announcement of the winner on the operator's website and its social media platforms. The participant can revoke his/her declared consent at any time. The revocation must be sent in writing to the contact details of the organizer provided in the imprint section of the competition app. After consent is revoked, the participant's collected and stored personal data will be deleted immediately.

Facebook disclaimer

This campaign is not affiliated with Facebook or Instagram and is in no way sponsored, supported or organized by Facebook or Instagram. Applicable law Questions or complaints in connection with the competition should be directed to the operator. Contact details can be found in the imprint section of the website. The operator's competition is subject exclusively to the law of the Federal Republic of Germany. Legal recourse is excluded.

Severability clause

Should a provision of these terms and conditions of participation be or become wholly or partially invalid, this will not affect the validity of these terms and conditions of participation. Instead of the invalid provision, the legally permissible regulation that comes closest to the economic sense and purpose expressed in the invalid provision applies. The same applies if there is a gap in these conditions of participation.

13. SEVERABILITY

Should individual provisions of the contract, including these regulations, be or become wholly or partially ineffective or should the contract contain an unforeseen gap, the effectiveness of the remaining provisions or parts of such provisions remains unaffected. The respective legal regulations take the place of the invalid or missing provisions.