Terms of service

Table of Contents

1. Scope
2. Conclusion of the Contract
3. Right of Cancellation
4. Prices and Payment Terms
5. Delivery and Shipping Conditions
6. Contract Duration and Contract Termination for Subscription Contracts for Goods
7. Retention of Title
8. Liability for Defects (Warranty)
9. Liability
10. Applicable Law
11. Code of Conduct
12. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of Halil Ibrahim Gencer, acting under "Halil Ibrahim Gencer" (hereinafter "we/us"), apply to all contracts for the delivery of goods concluded by you as a consumer or entrepreneur (hereinafter "you") with us regarding the goods displayed by us in our online shop. The inclusion of your own conditions is herewith objected to, unless otherwise agreed with you.

1.2 You are a consumer within the meaning of these GTC if you conclude a legal transaction for purposes that are predominantly neither attributable to your commercial nor to your independent professional activity.

1.3 You are an entrepreneur within the meaning of these GTC if, as a natural or legal person or as a partnership with legal capacity, you act in the exercise of your commercial or independent professional activity when concluding a legal transaction.

1.4 The subject of the contract can – depending on our product description – be the procurement of goods by way of a one-time delivery as well as the procurement of goods by way of a continuous delivery (hereinafter "subscription contract"). With a subscription contract, we undertake to deliver the contractually owed goods to you for the duration of the agreed contract term at the contractually owed time intervals.

2) Conclusion of the Contract

2.1 The product descriptions contained in our online shop do not constitute binding offers on our part, but serve the purpose of a binding offer being submitted by you.

2.2 You can submit the offer via the online order form integrated into our online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, you submit a legally binding contract offer regarding the goods contained in the shopping cart by clicking the button completing the ordering process. Furthermore, you can also submit the offer to us by e-mail, via the online contact form or by telephone.

2.3 We can accept your offer within five days,

  • by transmitting a written order confirmation or an order confirmation in text form (fax or e-mail) to you, whereby the receipt of the order confirmation by you is decisive in this respect, or
  • by delivering the ordered goods to you, whereby the receipt of the goods by you is decisive in this respect, or
  • by requesting payment from you after you have placed your order.

If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for accepting your offer begins on the day after you send your offer and ends with the expiry of the fifth day following the sending of the offer. If we do not accept your offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that you are no longer bound by your declaration of intent.

2.4 When ordering via our online order form, we save the text of the contract after the contract is concluded and send it to you in text form (e.g. e-mail, fax or letter) after you have sent your order. Any further provision of the text of the contract by us does not take place. Provided you have set up a user account in our online shop before sending your order, your order data will be archived on our website and can be accessed by you free of charge via your password-protected user account by providing the corresponding login data.

2.5 Before bindingly submitting the order via our online order form, you can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of your browser, with the help of which the display on the screen is enlarged. You can correct your entries during the electronic ordering process using the usual keyboard and mouse functions until you click the button that completes the ordering process.

2.6 Different languages are available to you for the conclusion of the contract. The specific language selection is displayed in the online shop.

2.7 Order processing usually takes place automatically via e-mail. You must ensure that the e-mail address provided by you for order processing is correct so that you can receive the e-mails sent by us at this address.

3) Right of Cancellation

3.1 Consumers generally have a right of cancellation.

3.2 More detailed information on the right of cancellation can be found in our cancellation policy.

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

4) Prices and Payment Terms

4.1 Unless otherwise stated in our product description, the prices indicated are total prices. Value added tax is not shown because we are small entrepreneurs within the meaning of the UStG (German Value Added Tax Act). Any additional delivery and shipping costs that may apply are stated separately in the respective product description.

4.2 In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which we are not responsible and which are to be borne by you. These include, for example, costs for transferring money through credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs regarding money transfer can also be incurred if the delivery is not made to a country outside the European Union, but you make the payment from a country outside the European Union.

4.3 The payment option(s) will be communicated to you in our online shop.

4.4 If advance payment by bank transfer has been agreed upon, the payment is due immediately after the conclusion of the contract, unless we have agreed on a later due date with you.

4.5 When selecting a payment method offered via the payment service "Shopify Payments", payment processing is carried out by Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland ("Shopify"). We will inform you about the individual payment methods offered via Shopify Payments in our online shop. For processing payments, Shopify may use other payment services for which special payment conditions may apply, of which you may be informed separately. Further information on "Shopify Payments" is available on the Internet at https://www.shopify.com/legal/terms-payments/de.

5) Delivery and Shipping Conditions

5.1 If we offer the shipping of goods, delivery takes place within the delivery area specified by us to the delivery address specified by you, unless otherwise agreed. For the processing of the transaction, the delivery address specified in our order processing is decisive.

5.2 If the delivery of the goods fails for reasons for which you are responsible, you shall bear the reasonable costs incurred by us as a result. This does not apply with regard to the costs for the outward shipment if you effectively exercise your right of cancellation. For the return costs, in the event of an effective exercise of the right of cancellation by you, the provision made in this regard in our cancellation policy applies.

5.3 If you are acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to you as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. If you are acting as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes with the handover of the goods to you or an authorized recipient. By way of derogation from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to you, even if you are acting as a consumer, as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, if you have commissioned the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment and we did not previously name this person or institution to you.

5.4 If you are acting as a consumer domiciled in Germany or as an entrepreneur, we reserve the right to withdraw from the contract in the event of incorrect or improper self-supply. However, this only applies if the non-delivery is not attributable to us and we have concluded a specific covering transaction with the supplier with due diligence. We will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, you will be informed without undue delay and the consideration will be refunded to you without undue delay.

5.5 If we offer the goods for pickup, you can pick up the ordered goods during our stated business hours at the address stated by us. In this case, no shipping costs will be charged.

6) Contract Duration and Contract Termination for Subscription Contracts for Goods

6.1 Subscription contracts are concluded for a fixed term, for the contract term visible in the respective product description in our 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 exists if, taking into account all the circumstances of the individual case and weighing the interests of both parties, the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period.

6.3 Notice of termination must be given in writing or in text form (e.g. by e-mail).

7) Retention of Title

If we make an advance performance, we retain title to the delivered goods until the owed purchase price has been paid in full.

8) Liability for Defects (Warranty)

Unless otherwise stated in the following provisions, the provisions of statutory liability for defects apply. In derogation thereof, the following applies to contracts for the delivery of goods:

8.1 If you act as an entrepreneur,

  • we have the choice of the type of supplementary performance;
  • for new goods, the limitation period for defect rights is one year from delivery of the goods;
  • for used goods, defect rights are excluded;
  • the limitation period does not begin again if a replacement delivery takes place within the scope of liability for defects.

8.2 The limitations of liability and shortening of periods governed above do not apply

  • for your claims for damages and reimbursement of expenses,
  • in the event that we have fraudulently concealed the defect,
  • for goods which have been used for a building in accordance with their customary manner of use and have caused its defectiveness,
  • for any existing obligation on our part to provide updates for digital products, for 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 remain unaffected.

8.4 If you act as a merchant within the meaning of § 1 HGB (German Commercial Code), you are subject to the commercial duty to examine and give notice of defects in accordance with § 377 HGB. If you omit the notification obligations regulated therein, the goods shall be deemed approved.

8.5 If you act as a consumer, you are asked to complain to the deliverer about delivered goods with obvious transport damage and to inform us of this. If you do not comply, this will have no effect whatsoever on your statutory or contractual claims for defects.

9) Liability

We are liable to you for all contractual, quasi-contractual and statutory, including tortious claims for damages and reimbursement of expenses as follows:

9.1 We are liable without limitation, on whatever legal grounds,

  • in case of intent or gross negligence,
  • in case of intentional or negligent injury to life, body or health,
  • on the basis of a guarantee promise, unless otherwise regulated in this respect,
  • due to mandatory liability such as under the Product Liability Act (Produkthaftungsgesetz).

9.2 If you are acting as a consumer domiciled in Germany or as an entrepreneur, the following limitations of liability apply:

If we negligently breach an essential contractual obligation, our liability is limited to the contractually typical, foreseeable damage, unless we are liable without limitation in accordance with the preceding clause. Essential contractual obligations are obligations which the contract imposes on us according to its content to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance you may regularly rely. Otherwise, liability on our part is excluded, unless we are liable without limitation in accordance with the preceding clause.

9.3 The above liability provisions also apply with regard to our liability for our vicarious agents and legal representatives.

10) Applicable Law

10.1 The law of the Federal Republic of Germany applies to all legal relations between us, to the exclusion of the laws on the international sale of movable goods. If you act as a consumer, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which you have your habitual residence is not withdrawn.

10.2 Furthermore, this choice of law regarding the statutory right of cancellation does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole residence and delivery address are outside the European Union at the time the contract is concluded.

11) Code of Conduct

12) Alternative Dispute Resolution

We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer conciliation body.

Copyright-Hinweis: Diese AGB wurden von den Fachanwälten der IT-Recht Kanzlei erstellt und sind urheberrechtlich geschützt (https://www.it-recht-kanzlei.de)

Version: 01.10.2026, 18:20:07