1.1 These Terms of Service (hereinafter "TOS") of Talha Sönmez (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 his online shop. The inclusion of the Customer's own terms is hereby objected to, unless something else is agreed upon.
1.2 These TOS also apply to contracts for the delivery of vouchers, unless otherwise specified.
1.3 These TOS also apply to contracts for the provision of digital content, unless otherwise specified. Digital content within the meaning of these TOS is data that is created and made available in digital form.
1.4 A consumer within the meaning of these TOS is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed.
1.5 An entrepreneur within the meaning of these TOS is a natural or legal person or a legal partnership that, when concluding a legal transaction, acts in the exercise of its commercial or self-employed professional activity.
2.1 The product descriptions in the Seller's online shop do not constitute binding offers on the part of the Seller, but rather serve the purpose of submitting a binding offer by the Customer.
2.2 The Customer can 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 going through the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button completing the ordering process.
2.3 The Seller can accept the Customer's offer within five days,
- by sending the Customer a written order confirmation or an order confirmation in written form (fax or email), whereby the receipt of the order confirmation by the Customer is decisive in this respect, or
- by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive in this respect, or
- by requesting the Customer to pay after submitting his order.
If there are several of the aforementioned alternatives, the contract is concluded when one of the aforementioned alternatives occurs first. 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 his declaration of intent.
2.4 The period for accepting the offer begins on the day after the Customer sends the offer and ends with the expiry of the fifth day following the sending of the offer.
2.5 In the case of an acceptance of the offer by the Seller, the period begins on the day after the Customer receives the acceptance.
2.6 When submitting an offer via the Seller's online order form, the text of the contract will be saved by the Seller and sent to the Customer after sending his order in addition to these General Terms and Conditions in writing (e.g. email, fax or letter). In addition, the text of the contract will be archived on the Seller's website and can be retrieved free of charge by the Customer via his password-protected customer account, indicating the respective login data, provided that the Customer has created a customer account in the Seller's online shop before sending his order.
2.7 Before bindingly submitting the order via the Seller's online order form, the Customer can recognize 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 browser's zoom function, which is used to enlarge the display on the screen. The Customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
2.8 The German and English language are exclusively available for the conclusion of the contract.
2.9 The order processing and contacting usually take place via email and automated order processing. It is the Customer's responsibility to ensure that the email address provided by him 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 with the order processing can be delivered.
2.9 The order processing and contacting usually take place via email and automated order processing. It is the Customer's responsibility to ensure that the email address provided by him 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 with the order processing can be delivered.
3.1 Consumers have a right of withdrawal. More detailed information about the right of withdrawal can be found in the Seller's instructions on withdrawal.
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices that include the statutory value-added tax. Any additional delivery and shipping costs are specified separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise for which the Seller is not responsible, and which 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).
4.3 The Customer has various payment options available, which are specified in the Seller's online shop.
4.4 If advance payment has been agreed upon, payment is due immediately after conclusion of the contract.
5.1 The delivery of goods is carried out regularly by shipping and to the delivery address specified by the Customer. In the processing of the transaction, the delivery address specified in the Seller's order processing is decisive.
5.2 If the transport company sends the shipped goods back to the Seller because delivery to the Customer was not possible, the Customer bears the costs for the unsuccessful shipment. This does not apply if the Customer effectively exercises their right of withdrawal, if they are not responsible for the circumstance that led to the impossibility of delivery, or if they were temporarily prevented from accepting the offered service, unless the Seller had given them reasonable advance notice of the service.
5.3 For the shipment of goods, the risk of accidental loss or accidental deterioration of the goods passes to the Customer upon delivery to them or a person authorized to receive the shipment. This does not apply if the Customer is a consumer.
6.1 Unless otherwise stated in the product description, the Seller grants the Customer the non-exclusive right to use the provided digital content for private and personal use.
6.2 The transfer of digital content to third parties or the creation of copies for third parties is not permitted, unless otherwise agreed.
If the Seller enters into a contract with an entrepreneur, they retain ownership of the delivered goods until full payment of the purchase price.
The statutory warranty rights apply. If the Customer is a consumer, the warranty period for new goods is two years from the delivery of the goods to the Customer.
9.1 Vouchers that are issued by the Seller free of charge as part of a promotion with a specific period of validity and cannot be purchased by the Customer (hereinafter "promotional vouchers") can only be redeemed in the Seller's online shop and only within the specified period.
9.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotional voucher.
9.3 Promotional vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.
For the redemption of gift vouchers, the Seller's gift voucher conditions apply.
The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country in which the consumer has their habitual residence.
12.1 The 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 resolution of disputes arising from online purchase or service contracts in which a consumer is involved.
12.2 The Seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.