Terms of service

Table of Contents

1. Scope of Application
2. Conclusion of contract
3. Right of withdrawal
4. Prices and payment terms
5. Delivery and Shipping Conditions
6. Retention of title
7. Liability for defects (Warranty)
8. Liability
9. Redemption of promotional vouchers
10. Applicable law
11. Alternative dispute resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter "GTC") of Mert Akcay & Ahmet Kücükcakir GbR (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods presented by the Seller in his online shop. The inclusion of the Customer's own conditions is hereby contradicted, unless otherwise agreed.

1.2 Consumers within the meaning of these GTC are any natural persons who enter into a legal transaction for purposes that are predominantly not attributable to their commercial or independent professional activities.

1.3 An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legally capable partnership that acts in the course of concluding a legal transaction 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 store do not constitute binding offers from the seller, but serve to submit a binding offer by the customer.

2.2 The customer can submit the offer via the online order form integrated into the seller's online shop. In doing so, the customer, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, submits a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that completes the ordering process.

2.3 The seller can 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 email), whereby the receipt of the order confirmation by the customer is decisive in this respect, or
• by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
• by prompting the customer to make a payment after placing their order.

If several of the aforementioned alternatives are present, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The deadline for accepting the offer begins to run on the day after the offer is sent by the customer and ends with the expiration 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 is considered a rejection of the offer, resulting in the customer no longer being 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"), subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com/en/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - under the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-fullIf the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller hereby declares the acceptance of the customer's offer at the moment the customer clicks the button that completes the ordering process.

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"), in accordance with the Amazon Payments Europe Terms of Use, available at https://payments.amazon.de/help/201751590If the customer selects "Amazon Payments" as the payment method during the online ordering process, they simultaneously issue a payment order to Amazon by clicking the button that completes the ordering process. In this case, the seller hereby declares acceptance of the customer's offer at the moment the customer initiates the payment process by clicking the button that completes the ordering process.

2.6 When submitting an offer via the seller's online order form, the contract text is stored by the seller after the conclusion of the contract and transmitted to the customer in text form (e.g., email, fax, or letter) after the customer has sent their order. No further accessibility of the contract text by the seller will take place.

2.7 Before placing a binding 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 detection of input errors can be the browser's zoom function, which allows the display on the screen to be enlarged. The customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the ordering process.

2.8 The German language is available for the conclusion of the contract.

2.9 The order processing and contact usually take place via email and automated order processing. The customer must ensure that the email address provided for order processing is correct, so that emails sent by the seller can be received at this address. In particular, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller for order processing can be delivered when using SPAM filters.

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 cancellation policy.

3.3 The right of withdrawal does not apply to consumers who are not a member state of the European Union at the time of the conclusion of the contract and whose sole residence and delivery address at the time of the conclusion of the contract are outside the European Union.

4) Prices and Payment Terms

4.1 As long as nothing else is stated in the seller's product description, the prices listed are total prices that include the statutory value-added tax. Any additional delivery and shipping costs will be specified separately in the respective product description.

4.2 The payment option/s will be communicated to the customer in the seller's online shop.

4.3 If advance payment by bank transfer is agreed, the payment is due immediately after the conclusion of the contract, unless the parties have agreed on a later due date.

4.4 When selecting a payment method offered through the payment service "PayPal", the payment processing is carried out via PayPal, which may also use the services of third-party payment service providers. If the seller offers payment methods through PayPal where they advance payment 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 conducts 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 credit check result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, they can only make payments to PayPal or the payment service provider commissioned by PayPal with discharging effect. However, the seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery time, shipping, returns, complaints, revocation declarations and submissions, or credits, even in the case of the assignment of claims.

4.5 When selecting the payment method "SOFORT", the payment processing is carried out by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter referred to as "SOFORT"). In order to pay the invoice amount via "SOFORT", the customer must have an online banking account that is activated for participation in "SOFORT", must authenticate themselves during the payment process, and confirm the payment instruction to "SOFORT". The payment transaction is then carried out immediately by "SOFORT" and the customer's bank account is debited. The customer can find more information about the payment method "SOFORT" on the internet at https://www.klarna.com/sofort/ retrieve.

4.6 When selecting a payment method offered through the payment service "Shopify Payments," 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"). The individual payment methods offered through Shopify Payments are communicated to the customer in the seller's online shop. To process payments, Stripe may use additional payment services, for which special payment conditions may apply, and the customer may be separately informed about them. More information about "Shopify Payments" can be found online at https://www.shopify.com/legal/terms-payments-de available.

4.7 When selecting a payment method offered via the payment service "VR Payment," the payment processing is carried out by the payment service provider VR Payment GmbH, Saonestraße 3a, 60528 Frankfurt am Main, Germany (hereinafter: "VR Payment"). The individual payment methods offered via VR Payment are communicated to the customer in the seller's online store. For the processing of payments, VR Payment may use the services of third-party payment service providers, for which special payment conditions may apply, and the customer may be informed separately. Further information about "VR Payment" can be found on the Internet at https://www.vr-payment.de/onlinehandel#article-878 available.

4.8 When selecting the payment method SEPA direct debit, the invoice amount is due after granting a SEPA direct debit mandate, but not before the deadline for the advance information for payment has expired. The direct debit will be collected when the ordered goods leave the seller's warehouse, but not before the deadline for the advance information has expired. Advance information ("Pre-Notification") is any communication (e.g. invoice, policy, contract) from the seller to the customer that announces a charge via SEPA direct debit. If the direct debit is not honored due to insufficient account coverage or because of the provision of incorrect bank details, or if the customer disputes the debit despite not being entitled to do so, the customer shall bear the fees incurred by the respective credit institution due to the reversal, if he is responsible for this.

4.9 When selecting the payment method "PayPal Direct Debit," PayPal will debit the invoice amount from the customer's bank account after granting a SEPA direct debit mandate, but not before the deadline for the advance information on behalf of the seller. Advance information ("Pre-Notification") is any communication (e.g., invoice, policy, contract) to the customer that announces a debit via SEPA direct debit. If the direct debit is not honored due to insufficient account coverage or because of the provision of incorrect bank details, or if the customer disputes the debit despite not being entitled to do so, the customer shall bear the fees incurred by the respective credit institution due to the reversal, if he is responsible for this.

5) Delivery and Shipping Conditions

5.1 If the seller offers shipping of the goods, delivery will take place within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. In the processing of the transaction, the delivery address specified in the seller's order processing is decisive.

5.2 If the delivery of the goods fails for reasons attributable to the customer, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of sending the goods if the customer effectively exercises their right of withdrawal. For return shipping costs, the regulation made in the seller's withdrawal instruction applies in the case of effective exercise of the right of withdrawal by the customer.

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 carrier, the freight forwarder, or any other person or institution 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 or a person authorized to receive the goods upon delivery of the goods. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the customer as a consumer as soon as the seller has delivered the item to the carrier, the freight forwarder, or any other person or institution designated to carry out the shipment, if the customer has commissioned the carrier, the freight forwarder, or any other person or institution designated to carry out the shipment 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 applies only if the non-delivery is not the seller's fault and the seller has concluded a specific covering transaction with the supplier with due diligence. The seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded without delay.

5.5 Self-collection is not possible for logistical reasons.

6) Retention of title

If the seller makes an advance payment, he retains ownership of the delivered goods until the full payment of the owed purchase price is made.

7) Liability for defects (Warranty)

As far as nothing else is stipulated in the following regulations, 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 subsequent performance;
• The limitation period for defects in new goods is one year from the delivery of the goods;
• for used goods, the rights and claims due to defects are excluded;
• The limitation period does not restart if a replacement delivery is made within the scope of liability for defects.

7.2 The liability limitations and deadline reductions regulated above do not apply

• for claims for damages and reimbursement of expenses by the customer,
• for the case that the seller has fraudulently concealed the defect,
• for goods that have been used for a building according to their usual purpose and have caused its defects,
• for any existing obligation of the seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.

7.3 Furthermore, it applies to entrepreneurs that the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.4 If the customer acts as a merchant within the meaning of § 1 HGB, they are subject to the commercial inspection and complaint obligation according to § 377 HGB. If the customer fails to fulfill the notification obligations regulated there, the goods are considered approved.

7.5 If the customer acts as a consumer, they are requested to report any obvious transport damage of delivered goods to the carrier and to inform the seller about it. If the customer does not comply, this will not affect 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 tort claims for damages and reimbursement of expenses as follows:

8.1 The seller is liable without limitation for any legal reason

• in case of intent or gross negligence,
• in the event of intentional or negligent injury to life, body, or health,
• due to a warranty promise, unless otherwise stipulated 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 typical, foreseeable damage, unless unlimited liability is stipulated in the preceding clause. Material contractual obligations are those duties that the contract imposes on the seller according to its content to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and on which the customer can regularly rely.

8.3 Furthermore, the seller's liability is excluded.

8.4 The above liability provisions also apply with regard to the seller's liability for his vicarious agents and legal representatives.

9) Redemption of promotional vouchers

9.1 Coupons that are issued by the seller as part of promotional activities for a specific validity period free of charge and cannot be purchased by the customer (hereinafter referred to as "promotional coupons") can only be redeemed in the seller's online store and only within the specified period.

9.2 Individual products may be excluded from the voucher promotion if a corresponding restriction arises from the content of the promotional voucher.

9.3 Promotional vouchers can only be redeemed before completing the order process. A subsequent offsetting is not possible.

9.4 Only one promotional voucher can be redeemed per order.

9.5 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.

9.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.

9.7 The balance of a promotional voucher will neither be paid out in cash nor accrue interest.

9.8 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of their statutory right of withdrawal.

9.9 The promotional voucher is intended for use only by the person named on it. A transfer of the promotional voucher to third parties is excluded. The seller is entitled, but not obliged, to verify the material entitlement of the respective voucher holder.

10) Applicable Law

10.1 For all legal relationships of the parties, the law of the Federal Republic of Germany applies, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.

10.2 Furthermore, this choice of law does not apply with regard to the statutory right of withdrawal for consumers who are not a member of a member state of the European Union at the time of the conclusion of the contract and whose sole residence and delivery address at the time of the conclusion of the contract are outside the European Union.

11) Alternative dispute resolution

11.1 The EU Commission provides a platform for online dispute resolution on the internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.

11.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.