Table of Contents

1. Scope
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Conditions
6. Retention of Title
7. Liability for Defects (Warranty)
8. Applicable Law
9. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of Inssan / Mrisi & Yildiz GbR (hereinafter "Seller") apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, 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 are predominantly neither commercial nor their independent professional activity. An entrepreneur within the meaning of these GTC is a natural or legal person or a legal partnership that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.

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 can submit the offer via the online order form integrated into the Seller's online shop. 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 for the goods contained in the shopping cart by clicking the button that concludes 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 text form (fax or email), whereby the receipt of the order confirmation by the Customer is decisive, or
• by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
• by requesting payment from the Customer after they have placed their 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 acceptance of 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. 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 If the payment method "PayPal Express" is selected, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal terms of use, viewable at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – subject to the terms for payments without a PayPal account, viewable at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer selects "PayPal Express" as the payment method during the online ordering process, they also issue a payment order to PayPal by clicking the button that concludes the ordering process. In this case, the seller hereby declares acceptance of the customer's offer at the time when the customer initiates the payment process by clicking the button that concludes the ordering process.

2.5 When submitting an offer via the Seller's online order form, the contract text is stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g., email, fax, or letter) after the Customer has sent their order. The contract text is not made accessible to the Customer beyond this. If the Customer has set up a user account in the Seller's online shop before sending their order, the order data will be archived on the Seller's website and can be accessed free of charge by the Customer via their password-protected user account by entering the corresponding login data.

2.6 Before submitting a binding order 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 recognition of input errors can be the browser's magnification function, which enlarges the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.

2.7 The German and English languages are available for the conclusion of the contract.

2.8 Order processing and contact usually take place via 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 for order processing can be delivered.

2.9 Customers who order via the pre-order system can no longer cancel their order after it has been placed, as it goes into production after receipt of the order.

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 policy.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller's product description, the prices indicated are total prices that include the statutory value-added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, further costs may arise in individual cases, 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). Such costs can also arise 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 option(s) will be communicated to the Customer in the Seller's online shop.

4.4 When paying by means of a payment method offered by PayPal, the payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal terms of use, viewable at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – subject to the terms for payments without a PayPal account, viewable at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

4.5 When selecting the payment method "SOFORT", payment processing is carried out via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). To be able to pay the invoice amount via "SOFORT", the customer must have an online banking account activated for participation in "SOFORT", legitimize themselves accordingly during the payment process and confirm the payment instruction to "SOFORT". The payment transaction is then carried out immediately by "SOFORT" and the customer's bank account is debited. Further information on the "SOFORT" payment method can be found on the Internet at https://www.klarna.com/sofort/.

4.6 If a payment method offered via the payment service "Shopify Payments" is selected, payment processing is carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments will be communicated to the customer in the seller's online shop. Stripe may use other payment services to process payments, for which special payment conditions may apply, to which the customer may be separately informed if necessary. Further information on "Shopify Payments" can be found on the Internet at https://www.shopify.com/legal/terms-payments-de.

4.7 

For consumers residing outside the European Union (EU) and the European Economic Area (EEA), particularly in the USA, Canada, Indonesia, UAE, United Kingdom and Switzerland, there is no statutory right of withdrawal under German law (§ 355 BGB).

 

5) Delivery and Shipping Conditions

5.1 The delivery of goods takes place by dispatch to the delivery address specified by the customer, unless otherwise agreed. For the processing of the transaction, the delivery address specified in the seller's order processing is decisive.

5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer bears the reasonable costs incurred by the seller as a result. This does not apply to the costs of dispatch if the customer effectively exercises their right of withdrawal. For the return costs, in the event of an effective exercise of the right of withdrawal by the customer, the regulation made in the seller's withdrawal policy applies. For pre-order collections, the customer must carefully read the product description and the delivery notes. We do not accept responsibility for complaints arising from the customer's own fault.

5.3 Self-collection is not possible due to logistical reasons.

6) Retention of Title

If the Seller makes advance payment, it reserves ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for Defects (Warranty)

7.1 If the purchased item is defective, the provisions of statutory liability for defects apply.

7.2 The customer is requested to complain about goods delivered with obvious transport damage to the deliverer and to inform the seller thereof. If the customer does not comply with this, this has no effect on his statutory or contractual claims for defects.

8) Applicable Law

All legal relationships between the parties shall be governed by the law of the Federal Republic of Germany, excluding the laws on the international purchase of movable 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.

9) Alternative Dispute Resolution

9.1 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 involving a consumer.

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