Terms of service

General Terms and Conditions with Customer Information

Table of Contents

Scope

Conclusion of Contract

Right of Withdrawal

Prices and Payment Terms

Delivery and Shipping Conditions

Retention of Title

Liability for Defects (Warranty)

Applicable Law

Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of Hamid Erol, trading under “Hamid Erol” (hereinafter referred to as the “Seller”), apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter referred to as the “Customer”) with the Seller regarding the goods displayed by the Seller in its 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 GTC is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to 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 that, when concluding a legal transaction, acts in the exercise of its 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 enable the Customer to submit a binding offer.

2.2 The Customer may submit the offer using the online order form integrated into 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 contractual offer in respect of 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 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 apply, the contract is concluded at the time when the first of the aforementioned alternatives occurs. The period for accepting the offer begins on the day following the dispatch of the offer by the Customer and ends upon expiry of the fifth day following the dispatch 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 their declaration of intent.

2.4 When an offer is submitted using the Seller’s online order form, the text of the contract is stored by the Seller after conclusion of the contract and sent to the Customer in text form (e.g. email, fax or letter) after the Customer has submitted the order. The Seller will not make the contract text accessible beyond this.

2.5 Before submitting the order as binding 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 of improving the identification of input errors may be the browser’s zoom function, which enlarges the display on the screen. During the electronic ordering process, the Customer may correct their entries using the usual keyboard and mouse functions until they click the button that completes the ordering process.

2.6 The contract may be concluded exclusively in the German language.

2.7 Order processing and contact generally take place by email and through automated order processing. The Customer must ensure that the email address provided 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 withdrawal instructions.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices that include statutory value added tax. Any additional delivery and shipping costs that may apply are stated separately in the respective product description.

4.2 The available payment method or methods are communicated to the Customer in the Seller’s online shop.

5) Delivery and Shipping Conditions

5.1 If the Seller offers shipment of the goods, delivery shall be made 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 during the Seller’s order processing procedure 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 to the costs of outward delivery if the Customer validly exercises their right of withdrawal. If the Customer validly exercises the right of withdrawal, the provision concerning return shipping costs set out in the Seller’s withdrawal instructions shall apply.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the Customer as soon as the Seller has handed over the goods to the forwarding agent, carrier or other person or institution 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 generally passes only when the goods are handed over to the Customer or to a person authorised to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold also passes to a consumer as soon as the Seller has handed over the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment if the Customer commissioned the forwarding agent, carrier or other person or institution designated to carry out the shipment and the Seller had not previously named that person or institution to the Customer.

5.4 The Seller reserves the right to withdraw from the contract in the event that the Seller does not receive supplies correctly or properly. This applies only if the failure to deliver is not attributable to the Seller and the Seller has, with due care, concluded a specific covering transaction with the supplier. The Seller shall make all reasonable efforts to procure the goods. If the goods are unavailable or only partially available, the Customer shall be informed without delay and any consideration already paid shall be refunded without delay.

5.5 Collection by the Customer is not possible for logistical reasons.

6) Retention of Title

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

7) Liability for Defects (Warranty)

7.1 Unless otherwise provided in the following provisions, the statutory provisions governing liability for defects shall apply. Notwithstanding this, the following shall apply to contracts for the delivery of goods:

7.2 If the Customer acts as an entrepreneur,

the Seller shall be entitled to choose the type of subsequent performance;

the limitation period for defects in new goods shall be one year from delivery of the goods;

rights and claims relating to defects in used goods shall be excluded;

the limitation period shall not recommence if a replacement delivery is made as part of the liability for defects.

7.3 The limitations of liability and reductions of limitation periods set out above shall not apply

to the Customer’s claims for damages and reimbursement of expenses;

if the Seller fraudulently concealed the defect;

to goods that have been used for a building in accordance with their customary manner of use and have caused the building to be defective;

to any existing obligation of the Seller to provide updates for digital products in the case of contracts for the delivery of goods with digital elements.

7.4 Furthermore, in relation to entrepreneurs, the statutory limitation periods for any statutory right of recourse that may exist shall remain unaffected.

7.5 If the Customer is a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the Customer is subject to the commercial duty to inspect the goods and give notice of defects pursuant to Section 377 HGB. If the Customer fails to comply with the notification obligations stipulated therein, the goods shall be deemed approved.

7.6 If the Customer acts as a consumer, the Customer is requested to lodge a complaint with the delivery agent regarding delivered goods showing obvious transport damage and to inform the Seller accordingly. If the Customer fails to do so, this shall have no effect whatsoever on their statutory or contractual claims relating to defects.

8) Applicable Law

All legal relationships between the parties shall be governed by the law of the Federal Republic of Germany, to the exclusion of the laws governing the international sale of movable goods. In the case of consumers, this choice of law applies 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 their habitual residence.

9) Alternative Dispute Resolution

9.1 The European Commission provides an online dispute resolution platform on the internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a point of contact for the out of court resolution of disputes arising from online purchase or service contracts involving a consumer.

9.2 The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.