Terms of service

Table of Contents

1. Scope
2. Conclusion of contract
3. Right of withdrawal
4. Prices and terms of payment
5. Conditions of delivery and dispatch
6. Retention of title
7. Liability for defects (warranty)
8. Applicable law
9. Alternative dispute resolution

1) Scope

1.1These General Terms and Conditions (hereinafter "GTC") of Ahmet Bayraktar (hereinafter referred to as "Seller"), apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller with regard to the goods presented by the Seller in his online shop.

1.2A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes that can predominantly not be attributed to their commercial or independent professional activity.

1.3Entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, upon conclusion of a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of contract

2.1The 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.

2.2The customer can submit the offer via the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and going through 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 concluding the ordering process.

2.3The 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), in which case the customer's receipt of the order confirmation is decisive; or
• by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
• by asking the customer to pay after placing his order.

If there are several of the aforementioned alternatives, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The deadline for acceptance of the offer begins on the day after the sending of the offer by the customer and ends with the expiry of the fifth day following the sending of the offer. If the seller does not accept the offer of the customer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.

2.4If you choose a payment method offered by PayPal, the payment processing takes place via 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, available at https://www.paypal.com/de/webapps/mpp/ua/userdagreement-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/privacy wax-fullOh, yeah. If the customer pays by means of a payment method offered by PayPal that can be selected in the online ordering process, the seller hereby declares acceptance of the customer's offer at the time when the customer clicks the button that completes the ordering process.

2.5When submitting an offer via the seller's online order form, the contract text is saved by the seller after the conclusion of the contract and sent the customer in text form (e.g. email, fax or letter) after sending his order. The seller's access to the contract is not accessible.

2.6Before placing the order using the online order form of the seller, the customer can recognize possible input errors by carefully reading the information shown on the screen. An effective technical means of better detection of input errors can be the enlargement function of the browser, with the help of which the display is enlarged on the screen. The customer can correct its entries as part of the electronic ordering process via the usual keyboard and mouse functions until he clicks on the button, which completes the ordering process.

2.7Only the German language is available for the conclusion of the contract.

2.8Order processing and contacting usually take place by email and automated order processing. The customer must ensure that the e-mail address specified for order processing is correct so that the emails sent by the seller can be received at this address. In particular, when using spam filters, the customer must ensure that all third parties sent by the seller or the third party sent with the order processing can be delivered.

3) Right of withdrawal

3.1Consumers are generally entitled to a right of withdrawal.

3.2More information on the right of cancellation arises from the cancellation policy of the seller.

4) Prices and terms of payment

4.1Unless otherwise resulting from the seller's product description, the prices given are total prices. VAT is not shown because the seller is small business owners in the sense of the UStG. If necessary, additional delivery and shipping costs are specified separately in the respective product description.

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

4.3If a payment method offered via the payment service "PayPal", payment processing is carried out via PayPal, whereby PayPal can also use the third payment service provider's services. If the seller also offers payment methods via PayPal, in which he is in advance against the customer (e.g. invoice purchase or payment in installments), he refrains from paying his payment on PayPal or the payment service provider specified by PayPal and 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 transmitted customer data. The seller reserves the right to refuse the selected payment method in the event 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 in the agreed payment intervals. In this case, he can only provide PayPal or the payment service provider commissioned by PayPal with guilt. However, the seller also remains responsible for general customer inquiries in the event of a deduction of claims. B. for the goods, delivery time, shipping, returns, complaints, declarations of cancellation and provisions or credits.

4.4If the payment method is selected immediately, the payment processing is carried out via the payment service provider STJUB, Theresienhöhe 12, 80339 Munich (hereinafter "immediately"). In order to be able to pay the invoice amount via "immediately", the customer must have an online banking account that is freely switched to participate in "immediately", legitimize itself according to the payment process and confirm the payment instructions to "immediately". The payment transaction is carried out immediately afterwards by "immediately" and the customer's bank account is charged. More information about the payment method "Immediately" can be found on the Internet at https://www.klarna.com/instantly/ recall.

5) Delivery and shipping conditions

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

5.2If the delivery of the goods fails for reasons for which the customer is responsible, the customer bears the appropriate costs for the seller. This does not apply to the costs for the return if the customer effectively exercises his right of withdrawal. For the return costs, the regulation made in the cancellation policy of the seller applies if the cancellation of the right of cancellation is effective.

5.3If the customer acts as an entrepreneur, the risk of random doom and the random deterioration of the sold goods passes to the customer as soon as the seller has delivered the matter to the freight forwarder, the carrier or the person or institution otherwise designed to carry out the dispatch. If the customer acts as a consumer, the risk of random doom and the random deterioration of the sold goods is generally only transferred to the customer or a person entitled to receive the goods. In deviation from this, the risk of random doom and the random deterioration of the sold goods is already transferred to the customer for consumers as soon as the seller has delivered the matter to the freight forwarder, the carrier or the otherwise intended person or institution if the Customer, the freight leader or the otherwise intended person or institution to carry out the dispatch, commissioned the execution and the seller has not previously named the customer or an institution.

5.4The seller reserves the right to withdraw from the contract in the event of no correct or non -proper self -delivery. This only applies in the event that the non -delivery is not to be represented by the seller and that he has completed a specific cover business with the supplier with the care required. The seller will make all reasonable efforts to procure the goods. In the event of non -availability or the only partial availability of the goods, the customer will be informed immediately and the consideration will be reimbursed immediately.

5.5Pickup is not possible for logistical reasons.

6) Reference to retention of title

If the seller arrives in advance, he reserves the property of the delivered goods until the purchase price owed is fully paid.

7) Liability for defects (warranty)

7.1Unless otherwise arisen from the following regulations, the provisions of the legal liability for defects apply. Deviating from this applies to contracts for the delivery of goods:

7.2If the customer acts as an entrepreneur,

• the seller has the choice of the type of supplementary performance;
• In the event of new goods, the limitation period for defects is one year from delivery of the goods;
• the rights and claims for defects are excluded from used goods;
• the limitation period does not start again if there is a replacement delivery as part of the liability for defects.

7.3The liability restrictions and deadline reductions controlled above do not apply

• For the customer's claims for damages and reimbursement of expenses,
• In the event that the seller has fraudulently concealed the defect,
• For goods that have been used for a building according to their usual use and whose deficiency have caused,
• for a possibly existing obligation of the seller to provide updates for digital products, for contracts for the delivery of goods with digital elements.

7.4In addition, it applies to entrepreneurs that the statutory limitation periods remain unaffected for a legal right of recourse that may exist.

7.5If the customer acts as a merchant i.S.D. § 1 HGB, the commercial examination and complaint is required in accordance with § 377 HGB. If the customer fails to notify the notification duties regulated there, the goods are considered approved.

7.6If the customer acts as a consumer, he is asked to claim goods delivered with obvious transport damage to the deliverer and to inform the seller. If the customer does not comply, this has no effect on his legal or contractual claims for defects.

8) Applicable law

For all legal relationships between the parties, the law of the Federal Republic of Germany applies to the exclusion of the laws on the international purchase of mobile goods. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has its habitual residence is withdrawn.

9) Alternative dispute resolution

9.1The 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 out-of-court settlement of disputes from online purchase or service contracts in which a consumer is involved.

9.2The seller is neither obliged nor ready to participate in a dispute settlement procedure in front of a consumer arbitration board.