Terms and conditions

SHIPPING INFO

You can expect your order to arrive within 5-10 workdays – depending on where you live. We send all merchandise as packages, which makes it possible to track them in case of problems. During shipment your package is insured and we kindly ask you to verify the content upon delivery. Should the package or content be damaged upon arrival please report it to us no later than two days after receiving it and return the merchandise to us. Essence of Chi GmbH (Hereafter ELEMENTALS) is not responsible for merchandise that is damaged during transport. We always pack everything with the utmost care and attention to detail, thereby minimizing possible damage.

RETURNS AND REFUNDS

As part of our mission to ensure your satisfaction, ELEMENTALS gladly accept returns. You must however return the merchandise unopened, no later than 14 days from the date of receipt. Please attach your invoice with the return package. We do not accept items that have been opened or altered in any way. As soon as we have received the returned items and they have been examined we will credit your account/credit card. We only credit the card or PayPal account that was used to purchase the items. Make sure to keep your postage receipt as a proof that the package was sent. You are responsible for the return expenses. Please return your product(s) to our Head Office: Essence of Chi GmbH, Sammerswinkel 13, 96135 Stegaurach, Germany.

GENERAL TERMS & CONDITIONS FOR WEB SALES AND DELIVERY OF ELEMENTALS PRODUCTS

1.Applicability and Amendments

The General Terms & Conditions exclusively apply to any and all offers, agreements, sale and deliveries of products by Essence of Chi GmbH through the ELEMENTALS website shop.

Essence of Chi explicitly rejects the applicability of any other (general) terms. The Client explicitly acknowledges and accepts that any other terms or conditions are not applicable.

ELEMENTALSS has the right to amend the General Terms & Conditions without prior notice. Any amendments to the General Terms & Conditions will be published on the Website.

With regard to the sale, purchase, delivery of special products, but not limited to products of which the price is provided upon request, limited editions and products of which the purchase order / Agreement is not completed through the Website shop, ELEMENTALS is entitled to apply additional or other terms and conditions.

2.Order Confirmation

An order confirmation is legally binding to the Client 8 days after receiving the goods. The Client can, in writing, object to mistakes/incorrect information in the order confirmation up to 8 days from receiving the goods.

Complete or partial cancellation of confirmed orders will be charged 25% of invoice value, provided the cancellation takes place within 5 working days after receiving the order confirmation.

The cancellation of any special orders will be charged at 100% of the order price.

Any costs incurred for returning the products to ELEMENTALS are the responsibility of the Client.

3.Offers and Agreements

All offers made by ELEMENTALS are noncommittal except in case of a Consumer Purchase, and may be subject to change, availability and the mentioned term of validity.

Unless ELEMENTALS has explicitly accepted another manner of closing the Agreement, all Agreements are deemed closed if the Client has received a written (including e-mail) confirmation of his purchase from Essence of Chi GmbH. An automatically generated confirmation is not to be considered as such written confirmation.

ELEMENTALS may refuse orders or attach certain conditions to the delivery, unless otherwise explicitly determined.

Acceptance of an offer or the purchase of a product implies that the Client accepts the applicability of these General Terms & Conditions.

The Client carries full responsibility for providing ELEMENTALS with complete and correct details in order to enter into the Agreement.

ELEMENTALS is entitled to assign third parties to execute the Agreement. These General Terms & Conditions also apply to the relation with these third parties.

4.Prices and Payment

The prices published on the website for all products offered via/in the ELEMENTALS website shop are in Euros and include VAT. The prices exclude the costs of handling and dispatch, applicable taxes or other duties, unless otherwise notified or agreed by ELEMENTALS.

4.1.SHIPPING COSTS

Shipping costs are included for purchases of EUR 75 and over in Germany and Austria

4.2.ORDER SIZE

There is no minimum order for Personal Consumer Orders via the Essence of Chi™ website.
Commercial orders are subject to a minimum order to be determined with the Client and confirmed in writing. To provide for the fastest delivery of orders, Essence of Chi GmbH reserves the right to adjust the order by 10% in order to meet standard packaging sizes.

4.3.DELIVERY

The term for delivery given by ELEMENTALS is provided as an indication only and shall never constitute a fixed or fatal deadline. Should a term for delivery be exceeded, this shall not give the purchaser the right to claim compensation.

Essence of Chi determines the method of transport of the goods ordered via the ELEMENTALS website, unless otherwise agreed.

Delivery to the Client takes place at the moment that the products leave ELEMENTALS premises or storage. Products are considered to be delivered to a Consumer at the moment the products are delivered at the address provided by the Consumer or in absence of Consumer at the post-office, at Consumers neighbor’s premises or, with the consumer’s consent, any other third party address which has been provided at the time of order.

If a delivery is rejected by a Client, the costs arising from this rejection may be charged to Client, as well as any ensuing damages suffered by ELEMENTALS.

5.DEFECTIVE PRODUCTS AND COMPLAINTS

All ELEMENTALS products comply with standards, demands and functionalities that can reasonably be set for such products if used in the regular manner and for the purposes intended for. Certain products may be subject to minor deviations in shape and color. This depends on the raw materials from which the products are manufactured. ELEMENTALS is considered to have met the obligation of delivery in case of such minor deviations. All information and pictures with regard to the colors, materials, sizes and details of the products are to be considered as an indication of the product. Minor deviations of these aspects cannot be a cause for return of the Product, dissolution of the Agreement, price reductions or compensation of damages or costs. If applicable, the terms and conditions for warrantees from manufacturers and importers apply to the delivered products.

Upon delivery, the Client is obliged to check whether the Products comply with the Agreement. Should this not be the case, the Client shall notify ELEMENTALS in writing including motivation immediately in case of deviations in the outer appearance of the product, or within 8 days of delivery in any other case.

A complaint cannot be accepted if the product has been used contrary to the instructions for use, the product has been used without care or has been used for a purpose other than that for which it was designed and intended.

6.LIABILITY

Article 1

ELEMENTALS is not liable for damages caused by inexpert use of the delivered product or usage for other purposes then the purposes for which the product is intended according to objective standards.

Article 2

ELEMENTALS is not liable for indirect damages and costs, but not limited to, lost profits, consequential damages, damages caused for example, by delayed delivery, mutilated or destructed data or materials or lost turnover.

The Client shall indemnify ELEMENTALS from the consequences of any claims by third parties arising from the execution of the Agreement and which are caused by acts attributable to the Client.

Article 3

ELEMENTALS is only liable for personal or item damages when it can be documented that the damages are directly caused by negligence/mistakes from ELEMENTALS. ELEMENTALS is not liable if the product has been used without care or has been used for a purpose other than that for which it was designed and intended.

Article 4

Claim for damages must be submitted in writing to ELEMENTALS max.14 days after the damage has occurred. ELEMENTALS’ total liability is limited to compensation of the amount that the insurance company pays out to Essence of Chi GmbH. If the insurance company does not pay out any amount to Essence of Chi GmbH and Essence of Chi GmbH is liable for compensation of damages according to this article 3, then Essence of Chi’s total liability is limited to compensation of the amount of the invoice with regard to the relevant product delivery/purchase, which can be maximized by ELEMENTALS to a specific amount with regard to products of which the purchase price is provided to Client upon request, limited editions or with regard to purchase orders/Agreements which are not completed through the online shop.

7.FORCE MAJEURE

Force Majeure is taken to mean any shortcoming, which may not be attributed to ELEMENTALS according to law, jurisprudence or generally accepted situations or circumstances. Force Majeure is also taken to mean import or export prohibitions by or because of a government, lack of or non-timely delivery by suppliers to ELEMENTALS, strikes or extremely high absenteeism due to illness suffered by employees of or suppliers to ELEMENTALS.

In the event of a Force Majeure situation, ELEMENTALS has the choice of either cancelling current and/or future orders, or the execution of the Client’s order or rescinding the order without legal intervention, by informing Client of this in writing and without being held to any form of liability for damages or costs. The Client shall be obliged to pay for any product(s) or services that have been delivered by ELEMENTALS.

8.INTELLECTUAL PROPERTY RIGHTS

The Client acknowledges that ELEMENTALS is the rightful owner and/or licensee with regard to the relevant intellectual property rights concerning all ELEMENTALS products, packaging and pictures thereof, the website, texts, trademarks, trade names and logo’s, information, ELEMENTALS concepts and databases and shall entirely and unconditionally respect these rights. The Client is prohibited to reproduce and/or make available to the public any of the protected items without the prior written consent of ELEMENTALS.

The Client is not allowed to share or transfer the Agreement or any rights arising from the Agreement with ELEMENTALS to third parties.

11 Applicable law and competent court

All rights, obligations, offers, orders and Agreements to which these terms apply, as well as these General Terms & Conditions themselves, are governed by German law only.

Any disputes between parties will be submitted to the jurisdiction of the competent Courts in Germany.