Terms of service
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following Terms and Conditions apply to contracts that you conclude with us as the provider via the website www.emmalove.de. Unless otherwise agreed, the inclusion of any terms and conditions used by you is hereby expressly rejected.
(2) For the purposes of the following provisions, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their commercial or independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of the Contract
(1) The subject matter of the contract is the sale of goods.
(2) By placing the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the product description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "Shopping Cart." You can access the "Shopping Cart" at any time via the corresponding button in the navigation bar and make changes there.
After clicking the "Checkout" or "Proceed to Order" button (or a similar designation) and entering your personal information as well as the payment and shipping details, the order information will be displayed as an order summary.
If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as your payment method, you will either be directed to the order summary page in our online shop or redirected to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, you will make the corresponding selection or enter your data there. Finally, the order details will be displayed as an order summary either on the website of the instant payment system provider or after you have been redirected back to our online shop.
Before submitting the order, you have the opportunity to review the information in the order summary, make changes (including by using the "Back" function of your internet browser), or cancel the order.
(4) Your requests for the preparation of an offer are non-binding. We will provide you with a binding offer in text form (e.g. by email), which you may accept within 5 days (unless a different period is specified in the respective offer).
(5) Order processing and the transmission of all information required in connection with the conclusion of the contract are carried out partly automatically by email. You must therefore ensure that the email address you have provided to us is correct, that receipt of emails is technically possible, and in particular that it is not prevented by spam filters.
§ 3 Individually Customized Goods
(1) You shall provide us with the suitable information, texts, or files required for the individual customization of the goods via the online ordering system or by email immediately after the conclusion of the contract at the latest. Any specifications we provide regarding file formats must be observed.
(2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, name rights, trademark rights) or violates applicable laws. You expressly indemnify us against all third-party claims asserted in this context. This also includes the costs of any legal representation required in this connection.
(3) We do not review the transmitted data for content accuracy and therefore assume no liability for errors.
§ 4 Special Provisions Regarding Offered Payment Methods
(1) Payment via "PayPal" / "PayPal Checkout"
If you choose a payment method offered through "PayPal" / "PayPal Checkout," payment processing is carried out by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods available through "PayPal" are displayed under a corresponding button on our website and during the online ordering process. For payment processing, "PayPal" may use additional payment service providers; if special payment conditions apply, you will be informed separately. Further information about "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
(2) Payment via "Stripe"
If you choose a payment method offered through "Stripe," payment processing is carried out by the payment service provider Stripe Payments Europe Limited (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland; "Stripe"). The individual payment methods available through "Stripe" are displayed under a corresponding button on our website and during the online ordering process. For payment processing, "Stripe" may use additional payment service providers; if special payment conditions apply, you will be informed separately. Further information about "Stripe" can be found at https://stripe.com/de.
§ 5 Right of Retention, Retention of Title
(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 6 Warranty
(1) The statutory warranty rights for defects shall apply.
(2) As a consumer, you are requested to inspect the goods immediately upon delivery for completeness, obvious defects, and transport damage, and to notify both us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty rights.
(3) If a characteristic of the goods deviates from the objective requirements, such deviation shall only be deemed agreed if you were informed of it by us before submitting your contractual declaration and the deviation was expressly and separately agreed upon between the contracting parties.
§ 7 Choice of Law, Place of Performance, Jurisdiction
(1) German law shall apply. For consumers, this choice of law shall only apply insofar as it does not deprive them of the protection granted by mandatory provisions of the law of the country of their habitual residence (principle of favorability).
(2) The place of performance for all services arising from our business relationship and the place of jurisdiction shall be our registered office, provided that you are not a consumer but a merchant, a legal entity under public law, or a special fund under public law. The same shall apply if you do not have a general place of jurisdiction in Germany or the EU, or if your place of residence or habitual residence is unknown at the time legal proceedings are initiated. This shall not affect the right to bring proceedings before another court having jurisdiction under statutory law.
(3) The provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall expressly not apply.
II. Customer Information
1. Identity of the Seller
CORALIA LIMITED
18 Mallow Street
V94N12Y, Limerick
Ireland
Email: kontakt@emmalove.de
Alternative Dispute Resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr.
We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on the Conclusion of the Contract
The technical steps required to conclude the contract, the conclusion of the contract itself, and the options for correcting input errors are governed by the provisions set out under "Conclusion of the Contract" in our General Terms and Conditions (Part I).
3. Contract Language, Storage of Contract Text
3.1. The contract language is German.
3.2. We do not store the complete text of the contract. Before submitting the order via the online shopping cart system, the contract data can be printed using your browser's print function or saved electronically. After we receive your order, the order details, the legally required information for distance selling contracts, and the General Terms and Conditions will be sent to you again by email.
3.3. For quotation requests made outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by email, which you can print or save electronically.
4. Essential Characteristics of the Goods or Services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. Prices and Payment Terms
5.1. The prices stated in the respective offers, as well as the shipping costs, are total prices. They include all price components, including all applicable taxes.
5.2. The applicable shipping costs are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, are displayed separately during the ordering process, and must be borne by you in addition to the purchase price, unless free shipping has been expressly promised.
5.3. If delivery is made to countries outside the European Union, additional costs beyond our control may arise, such as customs duties, taxes, or money transfer fees (bank transfer or exchange rate fees), which must be borne by you.
5.4. Any costs incurred for money transfers (bank transfer or exchange rate fees) must be borne by you if the delivery is made to an EU Member State but the payment was initiated from outside the European Union.
5.5. The payment methods available to you are indicated under a correspondingly labeled button on our website or in the respective offer.
5.6. Unless otherwise stated for the individual payment methods, payment claims arising from the concluded contract are due immediately.
6. Delivery Conditions
6.1. The delivery conditions, delivery date, and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.
6.2. If you are a consumer, the law provides that the risk of accidental loss or accidental deterioration of the sold goods during shipment passes to you only upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company or another person designated to carry out the shipment who was not named by the seller.
7. Statutory Warranty Rights
The statutory liability for defects is governed by the "Warranty" provisions in our General Terms and Conditions (Part I).
These General Terms and Conditions and Customer Information were prepared by the legal experts of Händlerbund specializing in IT law and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal security of these texts and assumes liability in the event of legal warnings. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
Last updated: 29.11.2023
