General terms and conditions with customer information
Table of contents
1. scope
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. Applicable law
9. Alternative dispute resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of Mete Aktürk, trading under "Mete Aktürk" (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with regard to the goods presented by the Seller in his online shop. The inclusion of the customer's own terms and conditions is hereby rejected unless otherwise agreed.
1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity.
1.3 An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her 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 to submit a binding offer by the Customer.
2.2 The customer can submit the offer via the online order form integrated in the seller’s online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods contained in the shopping cart by clicking the button that completes 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 payment from the customer after placing his order.
If several of the aforementioned alternatives exist, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends on 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 consequence that the customer is no longer bound by his declaration of intent.
2.4 If a payment method offered by PayPal is selected, payment processing will be carried out via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller hereby declares acceptance of the customer's offer at the time the customer clicks the button that completes the ordering process.
2.5 If the payment method "Amazon Payments" is selected, payment processing will be carried out via the payment service provider Amazon Payments Europe sca, 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), subject to the Amazon Payments Europe User Agreement, which can be viewed at https://payments.amazon.de/help/201751590. If the customer selects "Amazon Payments" as the payment method during the online ordering process, he or she also issues a payment order to Amazon by clicking the button that concludes the ordering process. In this case, the seller hereby declares acceptance of the customer's offer at the time the customer initiates the payment process by clicking the button that completes the order process.
2.6 When submitting an offer via the Seller’s online order form, the contract text will be saved by the Seller after the contract has been concluded and sent to the Customer in text form (e.g. email) after the order has been sent. e-mail, fax or letter). The seller will not make the contract text available beyond this. If the customer has set up a user account in the seller's online shop before submitting his order, the order data will be archived on the seller's website and can be accessed free of charge by the customer via his password-protected user account by entering the relevant login data.
2.7 Before submitting 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 magnification function, which helps to enlarge the display on the screen. During the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks the button that completes the ordering process.
2.8 The German language is available for the conclusion of the contract.
2.9 Order processing and contact usually take place via email and automated order processing. The customer must ensure that the email address he provides for order processing is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller to process the order 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 cancellation policy.
4) Prices and payment terms
4.1 Unless otherwise stated in the Seller’s product description, the prices stated are total prices that include statutory sales tax. Any additional delivery and shipping costs will be stated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which must be borne by the Customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes. Taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of money if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the customer in the seller’s online shop.
4.4 If you select a payment method offered via the “PayPal” payment service, the payment will be processed via 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 where he makes advance payments to the customer (e.g. B. purchase on account or payment by instalments), he assigns his payment claim to PayPal or. to the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the seller's declaration of assignment, PayPal or The payment service provider commissioned by PayPal carries out a credit check using the customer data transmitted. The seller reserves the right to refuse the customer the selected payment method in case of a negative test result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or to pay at the agreed payment intervals. In this case, he can only pay to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the event of an assignment of claims, the seller remains responsible for general customer enquiries, e.g. B. regarding the goods, delivery time, shipping, returns, complaints, declarations of revocation and sending or credit notes.
4.5 If you select the payment method “SOFORT”, payment processing will be carried out via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter “SOFORT”). In order to be able to pay the invoice amount via “SOFORT”, the customer must have an online banking account activated for participation in “SOFORT”, identify themselves accordingly 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 further information on the payment method “SOFORT” on the Internet at https://www.klarna.com/sofort /.
4.6 If you select a payment method offered via the payment service "Shopify Payments", payment processing will be carried out via 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. To process payments, Stripe may use other payment services for which special payment conditions apply, to which the customer may is specifically mentioned. Further information on "Shopify Payments" is available online at https://www.shopify.com/legal/terms-payments-de .
5) Delivery and shipping conditions
5.1 If the Seller offers to ship the goods, delivery will be made within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive. Deviating from this, if the payment method PayPal is selected, the delivery address provided by the customer to PayPal at the time of payment is decisive.
5.2 If 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 with regard to the costs of delivery if the customer effectively exercises his right of withdrawal. If the customer effectively exercises his right of withdrawal, the return costs are subject to the provisions of the seller's cancellation policy.
5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the Customer as soon as the Seller has delivered the goods to the forwarding agent, 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 goods sold shall only pass to the customer or a person authorized to receive them when the goods are handed over. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer, even in the case of consumers, as soon as the seller has delivered the goods to the forwarding agent, the freight carrier or the person or institution otherwise designated to carry out the shipment, if the customer has commissioned the forwarding agent, the freight carrier or the person or institution otherwise designated to carry out the shipment 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 if the non-delivery is not the responsibility of the seller and the seller has concluded a specific hedging transaction with the supplier with due care. The Seller will use 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 immediately.
5.5 Self-collection is not possible for logistical reasons.
6) Retention of title
If the seller makes advance payments, he retains title to the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
Unless otherwise stated in the following provisions, the statutory liability for defects shall apply. 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;
- for new goods, the limitation period for defects is one year from delivery of the goods;
- in the case of used goods, rights and claims due to defects are excluded;
- the limitation period does not begin again if a replacement delivery is made within the scope of liability for defects.
7.2 The limitations of liability and shortening of time limits set out above do not apply
- for claims for damages and reimbursement of expenses by the customer,
- in the event that the seller has fraudulently concealed the defect,
- for goods which have been used in accordance with their normal use for a building and have caused its defectiveness,
- for a possible existing obligation of the seller to provide updates for digital products, in contracts for the supply of goods with digital elements.
7.3 In addition, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remains unaffected.
7.4 If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he is subject to the commercial obligation to inspect and give notice of defects in accordance with Section 377 of the German Commercial Code (HGB). If the customer fails to comply with the notification obligations set out therein, the goods shall be deemed to have been approved.
7.5 If the customer acts as a consumer, he is 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 will have no effect on his statutory or contractual claims for defects.
8) Applicable law
All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods. In the case of consumers, this choice of law shall apply only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.
9) Alternative dispute resolution
9.1 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 contact point for the out-of-court settlement of disputes arising from online sales or service contracts involving a consumer.
9.2 The Seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.