Terms and Conditions with Customer Information

Australian customers: Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law that cannot lawfully be excluded, restricted or modified. Those mandatory rights prevail over any inconsistent provision below, including provisions about liability, defects, returns, vouchers and governing law. Our voluntary Australian return policy is set out in our Return Policy.

1. Scope

1.1 These Terms and Conditions of Ali Akpinar (the “Seller”) apply to contracts for the supply of goods concluded between a consumer or business customer (the “Customer”) and the Seller concerning goods displayed in the Seller’s online shop. The Customer’s own terms are excluded unless otherwise agreed.

1.2 These terms also apply to contracts for vouchers, unless a different provision applies to them.

1.3 A consumer is a natural person entering into a transaction for purposes predominantly unrelated to their trade, business or profession.

1.4 A business customer is a natural or legal person, or a partnership with legal capacity, acting in the course of their trade, business or profession when entering into the transaction.

2. Formation of the contract

2.1 Product descriptions in the online shop are invitations for the Customer to submit a binding offer; they are not binding offers by the Seller.

2.2 The Customer submits an offer using the shop’s online order form. After adding goods to the cart and completing checkout, clicking the final order button submits a legally binding offer for the goods in the cart.

2.3 The Seller may accept the offer within five days by sending a written order confirmation or a confirmation in text form, such as fax or email, received by the Customer; by delivering the ordered goods to the Customer; or by requesting payment after the order has been submitted. If more than one applies, the contract is formed when the first occurs. The acceptance period begins on the day after the offer is sent and ends at the end of the fifth day following submission. If the Seller does not accept within this period, the offer is deemed rejected and the Customer is no longer bound by it.

2.4 If a PayPal payment method is selected, payment is processed by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg, under the PayPal user agreement or, for payments without a PayPal account, the terms for payments without an account. For an available PayPal payment method selected at checkout, the Seller accepts the offer when the Customer clicks the final order button.

2.5 If Amazon Payments is selected, payment is processed by Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg, under its user agreement. Clicking the final order button also instructs Amazon to make payment. The Seller accepts the offer when the Customer initiates payment by clicking that button.

2.6 The Seller stores the contract text after the contract is formed and sends it to the Customer in text form, such as email, fax or letter, after the order is submitted. The Seller does not otherwise make the contract text accessible. If the Customer created an account before ordering, order details are archived on the Seller’s website and can be accessed free of charge through that password-protected account using the relevant login details.

2.7 Before submitting a binding order, the Customer can identify input errors by carefully reading the information displayed. Browser zoom can help make errors easier to identify. Entries can be corrected using the usual keyboard and mouse functions until the final order button is clicked.

2.8 The languages available for concluding the contract are displayed in the online shop.

2.9 Order processing and contact generally take place by email and automated order processing. The Customer must provide an accurate email address capable of receiving the Seller’s emails and ensure that spam filters permit emails from the Seller and third parties engaged to process the order.

3. Cancellation and returns

3.1 Consumers may have cancellation rights under applicable law.

3.2 Details are set out in the Seller’s cancellation and return information. For Australian orders, refer to the Return Policy; mandatory Australian consumer rights remain unaffected.

4. Prices and payment

4.1 Unless the product description states otherwise, displayed prices are total prices including applicable statutory VAT. Any additional delivery or shipping charges are stated separately in the relevant product description.

4.2 Available payment methods are shown in the online shop.

4.3 Where advance payment by bank transfer is agreed, payment is due immediately after the contract is formed unless the parties agree a later date.

4.4 Payments offered through PayPal are processed by PayPal, which may use other payment providers. Where the Seller offers a PayPal method involving advance performance by the Seller, such as invoice or instalment payments, the Seller assigns the payment claim to PayPal or the payment provider identified to the Customer. Before accepting that assignment, PayPal or its provider may carry out a credit check using the Customer’s data. The Seller may refuse the selected method following an adverse result. If approved, the Customer must pay within the agreed period or instalments, and payment discharges the debt only when made to PayPal or the identified provider. The Seller remains responsible for general enquiries concerning the goods, delivery times, shipping, returns, complaints, cancellation notices, returned goods and credits.

4.5 If “Sofortüberweisung” is selected, payment is processed by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden. The Customer must have an online banking account enabled for this service, authenticate the payment and confirm the payment instruction. Klarna then executes the transaction and debits the account. Further information is available at Klarna Sofort.

4.6 Payments offered through Shopify Payments are processed by Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland. The available methods are displayed in the online shop. Stripe may use additional payment services with separate terms, which will be brought to the Customer’s attention where applicable. Further information is available in the Shopify Payments terms.

4.7 If payment by credit card through Stripe is selected, the invoice amount is due immediately when the contract is formed. Stripe Payments Europe Ltd., at the address above, processes the payment. Stripe reserves the right to carry out a credit check and decline this method following an adverse result.

5. Delivery and shipping

5.1 Where shipping is offered, goods are delivered within the stated delivery area to the address provided by the Customer, unless otherwise agreed. The address specified in the Seller’s order-processing system is decisive.

5.2 If delivery fails for reasons attributable to the Customer, the Customer bears the reasonable costs incurred by the Seller. This does not apply to outward shipping costs where the Customer validly exercises a statutory cancellation right. Return shipping costs in that situation are governed by the Seller’s cancellation information and applicable law.

5.3 For a business customer, the risk of accidental loss or deterioration passes when the Seller hands the goods to the freight forwarder, carrier or other person or organisation responsible for shipment. For a consumer, that risk generally passes only when the goods are handed to the Customer or an authorised recipient. If the consumer independently appoints a carrier not previously named by the Seller, risk passes when the Seller hands the goods to that carrier, to the extent permitted by applicable law.

5.4 The Seller may withdraw from the contract if its supplier fails to supply correctly or properly, but only where the Seller is not responsible and exercised due care in entering into a specific covering transaction with the supplier. The Seller will make reasonable efforts to obtain the goods. If goods are unavailable or only partly available, the Customer will be informed promptly and payment refunded promptly.

5.5 Collection in person is unavailable for logistical reasons.

5.6 Vouchers are supplied by email.

6. Retention of title

If the Seller supplies goods before full payment, ownership remains with the Seller until the full purchase price has been paid.

7. Liability for defects

Statutory rules on liability for defects apply unless stated otherwise below. Mandatory Australian consumer guarantees are not limited by this section.

7.1 For business customers, the Seller chooses the form of supplementary performance; the limitation period for defects in new goods is one year from delivery; defects claims for used goods are excluded; and replacement delivery does not restart the limitation period.

7.2 For consumers buying used goods, a one-year limitation period from delivery applies only where expressly and separately agreed, and only where the Customer was specifically informed of the shorter period before entering into the contract, subject to the following clause and mandatory law.

7.3 These limitations of liability and shortened periods do not apply to claims for damages or reimbursement of expenses; fraudulently concealed defects; goods used in accordance with their normal purpose in a building and causing it to be defective; or any obligation to supply updates for digital products under a contract for goods with digital elements.

7.4 For business customers, statutory limitation periods for any statutory right of recourse remain unaffected.

7.5 A Customer who is a merchant within section 1 of the German Commercial Code (HGB) is subject to the inspection and notification duties under section 377 HGB. Failure to comply results in the goods being deemed accepted, where that law applies.

7.6 Consumers are asked to report obvious transport damage to the carrier and inform the Seller. Failure to do so does not affect statutory or contractual rights concerning defects.

8. Liability

The Seller’s liability for damages and reimbursement of expenses under contractual, quasi-contractual, statutory and tort claims is governed by the following, subject always to mandatory law.

8.1 Liability is unlimited for intent or gross negligence; intentional or negligent injury to life, body or health; a guarantee promise unless that promise provides otherwise; and mandatory liability, including under the German Product Liability Act where applicable.

8.2 For negligent breach of an essential contractual obligation, liability is limited to foreseeable loss typical of the contract unless clause 8.1 provides unlimited liability. Essential obligations are those required to achieve the purpose of the contract, whose performance enables proper fulfilment and on which the Customer may regularly rely.

8.3 Other liability is excluded to the extent permitted by law.

8.4 These provisions also apply to the Seller’s liability for its agents and legal representatives.

9. Goods processed to Customer specifications

9.1 Where the contract includes processing goods to the Customer’s specifications, the Customer must supply all required content, such as text, images or graphics, in the formats, dimensions and file sizes specified by the Seller, and grant the necessary usage rights. The Customer is responsible for obtaining the content and rights, confirms that they are entitled to use it, and must ensure that its use does not infringe third-party rights, including copyright, trade marks and personality rights.

9.2 The Customer indemnifies the Seller against third-party claims arising from infringement through the Seller’s contractual use of that content, including necessary legal defence costs and statutory court and legal fees, unless the Customer is not responsible for the infringement. If a third party makes a claim, the Customer must promptly provide complete and truthful information needed to assess and defend it.

9.3 The Seller may refuse processing orders where supplied content breaches legal or regulatory prohibitions or public morals, including unconstitutional, racist, xenophobic, discriminatory, insulting, youth-endangering or violence-glorifying content.

10. Promotional vouchers

10.1 Vouchers issued free of charge by the Seller for promotions with a specified validity period, and unavailable for purchase, may be redeemed only in the online shop during that period.

10.2 Products may be excluded if the voucher states a corresponding restriction.

10.3 Vouchers must be redeemed before checkout is completed; retrospective application is unavailable.

10.4 Only one promotional voucher may be used per order.

10.5 The value of the goods must be at least the voucher amount. Unused promotional value is not refunded.

10.6 Any shortfall may be paid using another available payment method.

10.7 Promotional voucher value is not paid in cash and earns no interest.

10.8 A promotional voucher is not refunded where goods paid for wholly or partly with it are returned under a statutory cancellation right, except where mandatory law requires otherwise.

10.9 A promotional voucher is intended only for the named person and is not transferable. The Seller may, but is not obliged to, check the holder’s entitlement.

11. Gift vouchers

11.1 Purchased gift vouchers may be redeemed only in the Seller’s online shop unless the voucher states otherwise.

11.2 Gift vouchers and remaining balances are redeemable until the end of the third year following the year of purchase. Remaining balances are credited until the expiry date, subject to any longer period required by mandatory law.

11.3 Gift vouchers must be redeemed before checkout is completed; retrospective application is unavailable.

11.4 Only one gift voucher may be used per order.

11.5 Gift vouchers may be used to buy goods, but not further gift vouchers.

11.6 Any shortfall may be paid using another available payment method.

11.7 Gift voucher value is not paid in cash and earns no interest, except where mandatory law requires otherwise.

11.8 Gift vouchers are transferable. The Seller may discharge its obligation by providing goods to the holder redeeming the voucher, unless it knows, or through gross negligence does not know, that the holder lacks entitlement, legal capacity or authority.

12. Governing law

The law of the Federal Republic of Germany applies to the parties’ legal relationships, excluding the laws on the international sale of movable goods. For consumers, this choice applies only insofar as it does not deprive them of mandatory protections under the law of their country of habitual residence. Australian customers retain all mandatory rights under the Australian Consumer Law.

13. Alternative dispute resolution

The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board. This does not restrict any statutory complaint, tribunal or court rights.