Terms of service

Scope
Conclusion of contract
Right of withdrawal
Prices and payment terms
Delivery and shipping conditions
Contract term and termination for subscription contracts
Retention of title
Liability for defects (warranty)
Liability
Applicable law
Code of conduct
Alternative dispute resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter “GTC”) of Halil Ibrahim Gencer, acting under “Halil Ibrahim Gencer” (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 the online shop. The inclusion of the Customer’s own terms is hereby objected to, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that predominantly are neither attributable to their commercial nor their independent professional activity.

1.3 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.

1.4 The subject matter of the contract may be—depending on the Seller’s product description—both the purchase of goods by way of a one-time delivery and the purchase of goods by way of an ongoing delivery (hereinafter “subscription contract”). In a subscription contract, the Seller undertakes to deliver the contractually owed goods to the Customer at the contractually owed time intervals for the duration of the agreed contract term.

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 enable the Customer to submit a binding offer.

2.2 The Customer may submit the offer via the online order form integrated into the Seller’s online shop. In doing so, after 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. Furthermore, the Customer may also submit the offer to the Seller by email, via the online contact form, or by telephone.

2.3 The Seller may accept the Customer’s offer within five days by

by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the order confirmation by the Customer is decisive in this respect, or
by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive in this respect, or
by requesting payment from the Customer after the Customer has placed the order.

If several of the aforementioned alternatives exist, the contract is formed at the time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the Customer sends the offer and ends at the end of the fifth day following the day on which the offer was sent. 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 their declaration of intent.

2.4 When an offer is submitted via the Seller’s online order form, the contract text is stored by the Seller after the contract has been concluded and sent to the Customer in text form (e.g., email, fax, or letter) after the Customer has sent the order. No further provision of the contract text by the Seller takes place. If the Customer has created a user account in the Seller’s online shop before sending the order, the order data is archived on the Seller’s website and can be accessed by the Customer free of charge via their password-protected user account, providing the corresponding login data.

2.5 Before submitting the order bindingly 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 detecting input errors may be the browser’s zoom function, which enlarges the display on the screen. During the electronic ordering process, the Customer can correct their entries using the usual keyboard and mouse functions until clicking the button that concludes the ordering process.

2.6 Different languages are available for concluding the contract. The specific language selection is displayed in the online shop.

2.7 Order processing and contact are generally carried out by email and automated order processing. The Customer must ensure that the email address provided by them 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 are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal is contained in the Seller’s cancellation policy.

4) Prices and payment terms

4.1 Unless otherwise stated in the Seller’s product description, the prices indicated are total prices. Value-added tax does not apply, as the Seller is exempt from VAT as a small business. Any additional delivery and shipping costs that may be incurred are stated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases that are not the responsibility of the Seller and are to 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 (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 method(s) will be communicated to the Customer in the Seller’s online shop.

4.4 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.

5) Delivery and shipping conditions

5.1 If the Seller offers shipping of the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. In the processing of the transaction, the delivery address specified in the Seller’s order processing shall be decisive.

5.2 If 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 with regard to the costs for the outward shipment if the Customer effectively exercises the right of withdrawal. With regard to the return shipping costs, the regulation set out in the Seller’s cancellation policy shall apply if the Customer effectively exercises the 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 carrier, the freight forwarder, 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 passes only upon handover of the goods to the Customer or a person authorized to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer, including consumers, as soon as the Seller has delivered the item to the carrier, the freight forwarder, or the person or institution otherwise designated to carry out the shipment, if the Customer has commissioned the carrier, the freight forwarder, or the person or institution otherwise 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 responsibility of the Seller and the Seller has concluded a specific covering transaction with the supplier with due 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 without delay and the consideration will be refunded immediately.

5.5 If the Seller offers the goods for collection, the Customer may collect the ordered goods during the business hours specified by the Seller at the address specified by the Seller. In this case, no shipping costs will be charged.

6) Contract term and termination for subscription contracts

6.1 Subscription contracts are concluded for a fixed term, which is apparent from the respective product description in the Seller’s online shop, and end automatically upon expiry of the contract term.

6.2 The right to extraordinary termination for good cause remains unaffected. Good cause is deemed to exist if the terminating party, taking into account all the circumstances of the individual case and weighing the interests of both parties, cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period.

6.3 Terminations must be made in writing or in text form (e.g., by email).

7) Retention of title

If the Seller provides advance performance, the Seller retains title to the delivered goods until the purchase price owed has been paid in full.

8) Liability for defects (warranty)

Unless otherwise provided below, the provisions of statutory liability for defects apply. Deviating from this, the following applies to contracts for the delivery of goods:

8.1 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 defect claims is one year from delivery of the goods;
for used goods, defect claims are excluded;
the limitation period does not start anew if a replacement delivery is made within the scope of liability for defects.

8.2 The above limitations of liability and shortening of periods 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,
to goods which, in accordance with their usual use, have been used for a building and have caused its defectiveness,
to any existing obligation of the Seller to provide updates for digital products in contracts for the delivery of goods with digital elements.

8.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse shall remain unaffected.

8.4 If the Customer acts as a merchant within the meaning of Section 1 HGB, they are subject to the commercial duty to examine and give notice of defects in accordance with Section 377 HGB. If the Customer fails to comply with the notification obligations regulated there, the goods are deemed approved.

8.5 If the Customer acts as a consumer, they are requested to complain to the deliverer about goods delivered with obvious transport damage and to inform the Seller thereof. Failure of the Customer to do so has no effect on their statutory or contractual claims for defects.

9) Liability

The Seller shall be liable to the Customer for all contractual, quasi-contractual, and statutory, including tortious claims for damages and reimbursement of expenses as follows:

9.1 The Seller is liable without limitation on any legal grounds

in the event of intent or gross negligence,
in the event of intentional or negligent injury to life, limb, or health,
on the basis of a guarantee promise, unless otherwise regulated in this respect,
on the basis of mandatory liability, such as under the Product Liability Act.

9.2 If the Seller negligently breaches a material contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless liability is unlimited in accordance with the above provision. Material contractual obligations are obligations which the contract imposes on the Seller according to its content to achieve the purpose of the contract, whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the Customer may regularly rely.

9.3 Otherwise, liability of the Seller is excluded.

9.4 The above liability provisions also apply with regard to the Seller’s liability for its vicarious agents and legal representatives.

10) Applicable law

For all legal relationships of the parties, the law of the Federal Republic of Germany shall apply to the exclusion of the laws on the international sale of goods. For consumers, this choice of law only applies 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.

11) Code of conduct

The Seller has submitted to the terms of participation for the eCommerce initiative “Fairness im Handel,” which can be viewed online at https://www.fairness-im-handel.de/teilnahmebedingungen/.
The Seller has submitted to the guidelines for “Google Customer Reviews,” which can be viewed online at https://support.google.com/merchants/answer/14629803?hl=de&ref_topic=14629086.