Terms and Conditions
General Terms and Conditions (GTC)
General terms and conditions and consumer informations that apply to all purchase agreements concluded via webshop between Ahmet Tas – hereinafter referred to as the “Seller“ – and the customer – hereinafter referred to as the “Customer“.
§ 1 Scope and General Information
(1) Except in cases where individual arrangements and agreements that have precedence over these General Terms and Conditions exist, solely the following General Terms and Conditions, in the version valid at the time the order is placed, apply to the business relationship between the Seller and the Customer. Contradictory terms and conditions of the Customer are invalid unless the Seller expressly approves of them in writing.
(2) The Customer is deemed a consumer if the purpose of the ordered products and services cannot be attributed to the Customer‘s commercial or entrepreneurial activity. Every natural or legal person or incorporated partnership is deemed a business if the conclusion of the purchase agreement can be attributed to its commercial or entrepreneurial activity.
§ 2 Conclusion of the Purchase Agreement
(1) All offers listed in the Seller’s webshop are a non-binding invitation to the Customer to make a corresponding purchase offer to the Seller. After the order is received, the Seller will check the order and will notify the Customer about the acceptance of the order within 2 business days (order confirmation). The purchase agreement is not concluded if the Customer does not receive an order confirmation within 2 business days. Orders are processed in the Seller’s webshop as follows:
(2) The Customer can choose products from the Seller’s product inventory and can collect these items in a so-called shopping cart by clicking the button “move to shopping cart“. By clicking the button “submit order“, the Customer submits a binding offer for the purchase of all items contained in the shopping cart. Prior to submitting the order, the Customer can view or change the data at all times. By submitting the order, the Customer accepts the Seller’s General Terms and Conditions (GTC).
(3) The purchase agreement is concluded when the Seller sends the order confirmation in a separate email.
§ 3 Object of the Agreement, Quality, Delivery and Product Availability
(1) The objects of this agreement are the products and services specified in the Customer‘s order and listed in the order confirmation at the final prices listed in the webshop. Errors and mistakes are excepted, especially with regard to product availability..
(2) The quality of the ordered products is specified in the product description posted in the webshop. Under some circumstances, images on the website may not accurately represent the product; particularly colors may vary slightly due to technical limitations. Images on the website serve as visual aids and may vary from the product. Technical data, weight, dimensions and specifications must be specified as precisely as possible, but the usual variations can occur. The properties described here do not constitute defects of the products delivered by the Seller.
(3) If an item chosen by the Customer is not available at the time the order is placed, the Seller will notify the Customer about this in the order confirmation. If the product is permanently unavailable, the Seller will not confirm the order. In this case, no contract is concluded.
(4) If the product ordered by the Customer is only temporarily unavailable, the Seller will also promptly notify the Customer about this in the order confirmation. If the delivery is delayed for more than four weeks, the Customer has the right to withdraw from the contract. The Seller is also entitled to withdraw from the contract in this case. In this event, the Seller will refund any payments the Customer has already rendered without undue delay.
§ 4 Title Retention
The delivered product remains the property of the Seller until the purchase price is paid in full.
§ 5 Delivery, Prices, Shipping Costs
(1) Delivery (transfer to the shipping company) occurs immediately after payment is received, or immediately after submission of the order confirmation.
(2) Prices listed on the Seller’s website include the respective statutory value added tax.
(3) The Customer is informed about the respective shipping costs in the order form, and the Customer will pay the shipping costs.
(4) The products are shipped by mail. If the Customer requests express shipment, collective shipment of several items or similar services, the store must be notified of this request by utilizing the contact form. A solution will be determined on a case-by-case basis. The Customer will cover any additional fees this incurs.
§ 6 Methods of Payment, Offset and Right of Retention
(1) The Customer can pay by wire transfer, credit card or paypal.
(2) The payment of the purchase price is due upon conclusion of the contract.
(3) The Customer may only offset counterclaims that are legally established, undisputed or have been expressly approved by the Seller in writing. The Customer can only exercise a right of retention if the particular counterclaims result from the same contractual relationship.
§ 7 Warranty for Defects, Guarantee
(1) According to current statutory regulations, especially §§ 434 et seq. German Civil Code [Bürgerliches Gesetzbuch, “BGB“], the Seller is liable for defects.
(2) A guarantee for products delivered by the Seller only exists if this is expressly specified for the respective article in the order confirmation.
§ 8 Liability
(1) Claims for damages by the Customer are excluded. Excluded from this is the liability for other damages that are based on an intentional or grossly negligent violation of duty by the Seller, the Seller’s legal representatives or vicarious agents
(2) In the case of violations of fundamental contractual obligations within the meaning of paragraph 1, the Seller is only liable for typical and reasonably foreseeable damages if these were caused by mere negligence.
(3) Fundamental contractual obligations within the meaning of paragraph 1 are the liability for violations of obligations that are a requirement for the proper execution of the contract and on which the Customer may usually rely.
(4) The provisions provided in product liability law [Produkthaftungsgesetz] remain unaffected.
§ 9 Cancellation Right of the Customer
(1) If the Customer is a consumer and has concluded a contract with the Seller by means of distance communications, especially by telephone, email or via the website, the Customer has the cancellation rights described below.
(2) The Customer must pay the cost of the return shipment if the delivered product is corresponds to the ordered product.
No cancellation right is granted in certain cases:
• if the Customer has purchased the product from the Seller within the scope of the Customer‘s commercial or entrepreneurial activity (in this case, the Customer is not a consumer),
• if products have been specifically manufactured for the Customer and according to the Customer’s specifications, or if products have been customized to meet the Customer’s needs (custom-made versions),
• if the Customer has broken the seal of sealed data carriers containing audio or video recordings or software,
• for newspapers, journals or magazines.
- Cancellation Policy -
You may withdraw your agreement to the contract without providing a reason within 14 days in written form (e.g. letter, email) or, if the product has already been delivered before expiration of this deadline, by returning the product. The cancellation period commences upon receipt of this written notification, but not before the Customer has received the product (in the case of recurring deliveries of similar products, not before the receipt of the first installment) and not before the fulfillment of our duty to inform pursuant to Art. 246 § 2 in conjunction with § 1 para. 1 and 2 Introductory Law to the Civil Code [Einführungsgesetz zum Bürgerlichen Gesetzbuche, “EGBGB“] as well as the fulfillment of our duties pursuant to § 312g para. 1 Sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. The timely submission of the cancellation or return of the product shall suffice to meet the cancellation deadline.
The cancellation shall be sent to:
Ahmet Tas, Gotenstr. 9, 10829 Berlin, Germany
Email: [email protected]
In the event of a valid cancellation, mutually received services must be returned and any derived benefits (e.g. interest) must be surrendered. In the event that you are not able to return the entire or parts of the delivered product or service, or if you can only return the product in a deteriorated condition, you are required to compensate us for the lost value. You are only required to pay compensation for the deterioration of the product or for benefits derived from it, if the deterioration or benefits can be attributed to a utilization of the product beyond the examination of its properties and functionality. An “examination of properties and functionality“ means the testing and checking of the respective product in a manner that would be possible and commonly practiced in a retail store. Products that are eligible for shipment by mail may be mailed at our risk. You are required to pay the fees of the return shipment if the product corresponds to the ordered product or, in the case of a higher price, if you have not provided the compensation or have not made a contractually agreed partial payment at the time of cancellation. In all other cases, the return is free of charge. The obligation to refund payments must be fulfilled within 30 days. For you, this term begins with the dispatch of the notice of cancellation or the product itself; for us, the term begins with their receipt.
§ 10 Information About Data Processing
(1) During the conclusion of the contract, the Seller collects data from the Customer. The Seller respects all statutory provisions. The Seller will only collect, process or use inventory and usage data of the Customer without the Customer’s consent insofar as this is necessary for the conclusion of the contractual relationship and the usage and invoicing of teleservices.
(2) The Seller will not use the Customer’s data for the purpose of advertising, marketing or consumer research without the Customer’s consent.
§ 11 Final Provisions
(1) The law of the Federal Republic of Germany under exclusion of the UN-CISG applies to contracts concluded between the Seller and the Customer.
(2) If the Customer is a merchant, corporate body under public law or a special fund under public law, the Seller’s location shall have jurisdiction for any disputes arising from the contractual relationship between the Customer and the Seller.
(3) If any provisions of the contract are invalid, the remaining provisions of the contract will remain valid.
Source: "http://www.rechtsanwalt-metzler.de"
Attorney Metzler – Attorney for competition law, trademark law and cyberlaw
(End of GT&Cs)