Terms and Conditions
General Terms and Conditions with Customer Information
Table of Contents
- Scope
- Conclusion of Contract
- Right of Withdrawal
- Prices and Payment Terms
- Delivery and Shipping Conditions
- Retention of Title
- Liability for Defects (Warranty)
- Liability
- Special Conditions for the Processing of Goods according to Specific Customer Specifications
- Redemption of Promotional Vouchers
- Redemption of Gift Vouchers
- Applicable Law
- Alternative Dispute Resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of Ali Akpinar (hereinafter "Seller") apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller regarding the goods displayed by the Seller in their online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 These GTC apply accordingly to contracts for the delivery of vouchers, unless otherwise stipulated.
1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity.
1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2) Conclusion of Contract
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller but serve the purpose of the Customer submitting a binding offer.
2.2 The Customer may submit the offer via the online order form integrated into the Seller's online shop. By placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that concludes the ordering process.
2.3 The Seller may accept the Customer's offer within five days,
- by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the Customer is decisive, or
- by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
- by requesting the Customer to pay after placing their order.
If several of the aforementioned alternatives exist, the contract is concluded at the point in time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the Customer sends the offer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the Customer is no longer bound by their declaration of intent.
2.4 When selecting a payment method offered by PayPal, the 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 (hereinafter: "PayPal"), under the validity of the PayPal Terms of Use, viewable at https://www.paypal.com
2.5 When selecting the payment method "Amazon Payments", the payment processing is carried out by the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), under the validity of the Amazon Payments Europe User Agreement, viewable at https://pay.amazon.de
2.6 When submitting an offer via the Seller's online order form, the contract text is stored by the Seller after the contract is concluded and transmitted to the Customer in text form (e.g., e-mail, fax, or letter) after the order has been sent. The Seller does not make the contract text accessible beyond this. If the Customer has set up a user account in the Seller's online shop before sending their order, the order data will be archived on the Seller's website and can be accessed by the Customer free of charge via their password-protected user account by providing the corresponding login data.
2.7 Before bindingly submitting the order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better identification of input errors can be the browser's zoom function, with the help of which the display on the screen is enlarged. The Customer can correct their entries as part of the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.
2.8 Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.
2.9 Order processing and contact usually take place via e-mail and automated order processing. The Customer must ensure that the e-mail address provided by them for order processing is correct so that e-mails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all e-mails sent by the Seller or by third parties commissioned with order processing can be delivered.
3) Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller's withdrawal policy.
4) Prices and Payment Terms
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices which include the statutory value-added tax. Any additional delivery and shipping costs incurred are specified separately in the respective product description.
4.2 The payment method(s) will be communicated to the Customer in the Seller's online shop.
4.3 If advance payment by bank transfer is agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.4 If a payment method offered via the "PayPal" payment service is selected, payment processing is carried out by PayPal, whereby PayPal may also use the services of third-party payment service providers for this purpose. If the Seller also offers payment methods via PayPal for which they provide advance performance to the Customer (e.g., purchase on account or installment payment), they assign their payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the Customer. Before accepting the Seller's assignment declaration, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the transmitted customer data. The Seller reserves the right to refuse the selected payment method to the Customer in the event of a negative check result. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, they can only make payment to PayPal or the payment service provider commissioned by PayPal with a debt-discharging effect. However, even in the event of an assignment of claims, the Seller remains responsible for general customer inquiries, e.g., regarding goods, delivery time, shipping, returns, complaints, withdrawal declarations, or credits.
4.5 If the "Sofortüberweisung" payment method is selected, payment processing is carried out by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter "Klarna"). To be able to pay the invoice amount via "Sofortüberweisung", the Customer must have an online banking account activated for participation in "Sofortüberweisung", legitimize themselves accordingly during the payment process, and confirm the payment instruction. The payment transaction is carried out immediately thereafter by Klarna and the Customer's bank account is debited. Further information on the "Sofortüberweisung" payment method can be retrieved by the Customer on the Internet at https://www.klarna.com
4.6 If a payment method offered via the "Shopify Payments" service is selected, payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments are communicated to the Customer in the Seller's online shop. Stripe may use further payment services to process payments, for which special payment terms may apply, to which the Customer may be pointed out separately. Further information on "Shopify Payments" can be found on the Internet at https://www.shopify.com
4.7 If the credit card payment method via Stripe is selected, the invoice amount is due immediately upon conclusion of the contract. The payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). Stripe reserves the right to carry out a credit check and to refuse this payment method in the event of a negative credit check.
5) Delivery and Shipping Conditions
5.1 If the Seller offers to ship the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified in the Seller's order processing is decisive for the execution of the transaction.
5.2 If the delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply to the costs for the initial shipment if the Customer effectively exercises their right of withdrawal. For return costs, the provision made in the Seller's withdrawal policy applies if the Customer effectively exercises their right of withdrawal.
5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the item to the freight forwarder, the carrier, or the person or institution otherwise designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes to the Customer upon delivery of the goods to the Customer or a person entitled to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer for consumers as soon as the Seller has delivered the item to the freight forwarder, the carrier, or the person or institution otherwise designated to carry out the shipment, if the Customer has commissioned this person or institution with the execution and the Seller has not previously named this person or institution to the Customer.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies in the event that the non-delivery is not the fault of the Seller and the Seller has concluded a concrete hedging transaction with the supplier with the required care. The Seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer will be informed immediately and the consideration will be refunded immediately.
5.5 Self-collection is not possible for logistical reasons.
5.6 Vouchers are provided to the Customer as follows:
- via e-mail
6) Retention of Title
If the Seller provides advance performance, they retain ownership of the delivered goods until the purchase price owed has been paid in full.
7) Liability for Defects (Warranty)
Unless otherwise provided for in the following provisions, the provisions of statutory liability for defects apply. Deviating from this, the following applies to contracts for the delivery of goods:
7.1 If the Customer acts as an entrepreneur,
- the Seller has the choice of the type of supplementary performance;
- for new goods, the limitation period for defect rights is one year from the delivery of the goods;
- for used goods, the rights for defects are excluded;
- the limitation period does not begin again if a replacement delivery occurs within the scope of liability for defects.
7.2 If the Customer acts as a consumer, the following applies to contracts for the delivery of used goods with the limitation of the following clause: The limitation period for claims for defects is one year from delivery of the goods, if this was expressly and separately agreed in the contract between the parties and the Customer was specifically informed of the shortening of the limitation period before submitting their contractual declaration.
7.3 The liability restrictions and period shortenings regulated above do not apply
- to claims for damages and reimbursement of expenses by the Customer,
- in the event that the Seller has fraudulently concealed the defect,
- for goods that have been used for a building in accordance with their customary use and have caused its defectiveness,
- for any existing obligation of the Seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.
7.4 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.
7.5 If the Customer acts as a merchant in the sense of § 1 of the German Commercial Code (HGB), they are subject to the commercial duty to examine and notify defects according to § 377 HGB. If the Customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.
7.6 If the Customer acts as a consumer, they are requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the Seller of this. If the Customer fails to do so, this has no effect on their statutory or contractual claims for defects.
8) Liability
The Seller is liable to the Customer for all contractual, quasi-contractual, and statutory claims, including tortious claims, for damages and reimbursement of expenses as follows:
8.1 The Seller is liable without limitation for any legal reason
- in the event of intent or gross negligence,
- in the event of intentional or negligent injury to life, body, or health,
- due to a guarantee promise, unless otherwise regulated in this regard,
- due to mandatory liability such as under the Product Liability Act.
8.2 If the Seller negligently breaches a material contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless liability is unlimited according to the above clause. Material contractual obligations are obligations that the contract imposes on the Seller according to its content to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the Customer may regularly rely.
8.3 Otherwise, liability of the Seller is excluded.
8.4 The above liability provisions also apply to the liability of the Seller for their vicarious agents and legal representatives.
9) Special Conditions for the Processing of Goods according to Specific Customer Specifications
9.1 If, according to the contract, the Seller is required to process goods in addition to delivering them according to specific customer requirements, the customer must provide the Seller with all content required for processing, such as text, images, or graphics, in the file formats, formatting, image sizes, and file sizes specified by the Seller, and grant the Seller the necessary usage rights. The customer is solely responsible for procuring and acquiring the rights to this content. The customer declares and assumes responsibility for the fact that they possess the right to use the content provided to the Seller. In particular, they shall ensure that this does not infringe upon the rights of third parties, especially copyrights, trademark rights, and personal rights.
9.2 The customer shall indemnify the Seller against third-party claims that may be asserted against the Seller in connection with an infringement of their rights through the contractual use of the customer's content by the Seller. In this regard, the customer shall also cover the necessary costs of legal defense, including all court and legal fees at the statutory rate. This does not apply if the infringement is not the fault of the customer. In the event of a claim by a third party, the customer is obliged to provide the Seller immediately, truthfully, and completely with all information necessary for the examination of the claims and for a defense.
9.3 The Seller reserves the right to reject processing orders if the content provided by the customer for this purpose violates statutory or official prohibitions or public policy. This applies in particular to the provision of unconstitutional, racist, xenophobic, discriminatory, offensive, youth-endangering, and/or violence-glorifying content.
10) Redemption of promotional vouchers
10.1 Vouchers that are issued by the Seller free of charge as part of promotional campaigns with a specific period of validity and which cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the Seller's online shop and only within the specified period.
10.2 Individual products may be excluded from the voucher campaign if a corresponding restriction arises from the content of the promotional voucher.
10.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
10.4 Only one promotional voucher can be redeemed per order.
10.5 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.
10.6 If the value of the promotional voucher is insufficient to cover the order, one of the other payment methods offered by the Seller can be chosen to pay the difference.
10.7 The balance of a promotional voucher is neither paid out in cash nor does it bear interest.
10.8 The promotional voucher will not be refunded if the customer returns goods paid for in whole or in part with the promotional voucher within the scope of their statutory right of withdrawal.
10.9 The promotional voucher is intended only for use by the person named on it. Transfer of the promotional voucher to third parties is excluded. The Seller is entitled, but not obliged, to check the material eligibility of the respective voucher holder.
11) Redemption of gift vouchers
11.1 Vouchers that can be purchased via the Seller's online shop (hereinafter "gift vouchers") can only be redeemed in the Seller's online shop, unless stated otherwise in the voucher.
11.2 Gift vouchers and remaining balances of gift vouchers are redeemable until the end of the third year after the year of the voucher purchase. Remaining balances will be credited to the customer until the expiration date.
11.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
11.4 Only one gift voucher can be redeemed per order.
11.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.
11.6 If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the Seller can be chosen to pay the difference.
11.7 The balance of a gift voucher is neither paid out in cash nor does it bear interest.
11.8 The gift voucher is transferable. The Seller may render performance with discharging effect to the respective holder who redeems the gift voucher in the Seller's online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the non-entitlement, legal incapacity, or lack of authorization to represent the respective holder.
12) Applicable law
The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international sale of movable goods. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has their habitual residence.
13) Alternative dispute resolution
The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.