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General Terms and Conditions

For Playlist Pitching orders, we act only as an agent and cannot guarantee or be held liable (see 8.) for the results. If the agreed service is not achieved, a partial refund in an appropriate amount is possible.

1. scope of application

For all orders through our online store by consumers and entrepreneurs, the following terms and conditions apply.

Consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity can be attributed. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.

The following shall apply to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them.

2. contracting party, conclusion of contract

The sales contract is concluded with Nels Bonifer, Elephant Marketing.

By placing the products in the online store, we make a binding offer to conclude a contract for these articles. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction tools provided and explained for this purpose in the ordering process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after sending the order, you will receive another confirmation by e-mail.

3. contract language, contract text storage

The language(s) available for the conclusion of the contract: German.

We store the contract text and send you the order data and our terms and conditions in text form. For security reasons, the contract text is no longer accessible via the Internet.

4. delivery conditions

We deliver within Germany free of shipping costs.

We deliver only by mail order. A self-collection of the goods is unfortunately not possible.

We do not deliver to packing stations.

5. payment

In our store, you can basically use the following payment methods:

Credit card
With the submission of the order, you provide your credit card information. After your legitimation as a legitimate cardholder, the payment transaction will be carried out automatically and your card will be charged.

PayPal, PayPal Express
In the order process you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment instruction to us. After submitting the order in the store, we request PayPal to initiate the payment transaction. The payment transaction is carried out automatically by PayPal immediately afterwards. You will receive further instructions during the order process.

Giropay
After placing the order you will be redirected to the website of your bank. In order to pay the invoice amount via Giropay, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment instruction to us. You will receive further instructions during the order process. The payment transaction will be carried out immediately afterwards and your account will be debited.

Apple Pay
In order to pay the invoice amount via Apple Pay, you must use the „Safari“ browser, be registered with the service provider Apple, have activated the Apple Pay function, legitimize yourself with your access data and confirm the payment instruction. The payment transaction is carried out immediately after placing the order. You will receive further instructions during the order process.

Paydirekt
After placing the order, you will be redirected to the website of the online provider paydirekt. In order to pay the invoice amount via paydirekt, you must have an online banking account activated for participation in paydirekt, be registered there or register first, legitimize yourself with your access data and confirm the payment instruction to us. Immediately after the order, we request paydirekt to initiate the payment transaction. The payment transaction is carried out automatically by paydirekt. You will receive further instructions during the order process.

Purchase on account via Klarna
In cooperation with Klarna AB (www.klarna.de), Sveavägen 46, Stockholm, Sweden, we offer purchase on account as a payment option. Please note that Klarna invoice are only available to consumers and that payment must be made to Klarna in each case. When buying on account with Klarna you always get the goods first and you always have a payment period of 14 days. The full terms and conditions for purchase on account can be found here.

6. right of withdrawal

Consumers are entitled to the statutory right of withdrawal, as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal.

7 Warranty and guarantees

Unless otherwise expressly agreed below, the statutory right of liability for defects shall apply.
For the purchase of used goods by consumers, the following applies: if the defect occurs after one year from delivery of the goods, the claims for defects are excluded. Defects that occur within one year from delivery of the goods can be claimed within the statutory limitation period of two years from delivery of the goods.
For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The sale of used goods is subject to the exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.
With respect to entrepreneurs, only our own specifications and the manufacturer’s product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall not assume any liability for public statements by the manufacturer or other advertising statements.
If the delivered item is defective, we shall initially provide a warranty to entrepreneurs, at our discretion, by rectifying the defect (subsequent improvement) or by delivering an item free of defects (replacement delivery).
The above restrictions and shortening of time limits shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents in the following cases
– in case of injury to life, body or health
– in case of intentional or grossly negligent breach of duty as well as fraudulent intent
– in the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and the observance of which the contractual partner may regularly rely on (cardinal obligations)
– within the scope of a guarantee promise, if agreed upon
– insofar as the scope of application of the Product Liability Act is opened.
Information on any additional warranties and their exact conditions can be found with the product and on special information pages in the online store.

Customer service: If you have any questions, please contact service@elephantmarketing.de.

8. liability

For claims based on damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation
– in case of injury to life, body or health
– in case of intentional or grossly negligent breach of duty
– in the case of warranty promises, insofar as agreed, or
– insofar as the scope of application of the Product Liability Act is opened.
In the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability shall be limited to the amount of the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.

Elephant Marketing cannot assume any liability if the platforms delete, block or demote entries, profiles or company presences of the customer on the respective platform. Furthermore, Elephant Marketing shall not be liable for negative effects on search engine rankings or other undesirable side effects of the service. This risk is to be borne by the customer, which he expressly accepts with the purchase of the service.

9. dispute resolution

The European Commission provides a platform for online dispute resolution (OS), which you can find here. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.