Table of Contents

  1. Scope
  2. Conclusion of Contract
  3. Right of Withdrawal
  4. Prices and Payment Conditions
  5. Delivery and Shipping Conditions
  6. Reservation of Ownership
  7. Warranty for Defects
  8. Special Conditions for Processing Goods According to Specific Customer Specifications
  9. Redemption of Gift Vouchers
  10. Applicable Law
  11. Alternative Dispute Resolution

 

1) Scope

1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of Seckin Yalaz (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 with regard to the goods presented by the Seller in their online shop. The inclusion of the Customer’s own terms and conditions is hereby objected to unless otherwise agreed.

1.2 These GTC shall apply accordingly to contracts for the delivery of vouchers, unless otherwise stipulated.

1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their self-employed professional activity.

1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a legally responsible partnership that, when entering into a legal transaction, acts in the exercise of its commercial or self-employed professional activity.

 

2) Conclusion of Contract

2.1 The customer can select products from the provider’s range and collect them in a so-called shopping cart by clicking the “ADD TO CART” button. By clicking the button for selecting payment options, the customer submits a binding offer to purchase the items in the shopping cart. Before submitting the order, the customer can change and review the data at any time. However, the offer can only be submitted and transmitted if the customer accepts these contract terms by clicking the “ACCEPT TERMS AND CONDITIONS” button, thereby incorporating them into their offer.

2.2 Subsequently, the provider sends the customer an automatic acknowledgment of receipt by email, in which the customer’s order is listed again, and the customer can print it using the “Print” function. The automatic acknowledgment of receipt merely documents that the customer’s order has been received by the provider and does not constitute acceptance of the offer. The contract is only concluded when the provider issues a separate email (order confirmation) accepting the offer. In this email or in a separate email, but no later than upon delivery of the goods, the contract text (consisting of the order, terms and conditions, and order confirmation) is sent to the customer by us on a durable medium (email or paper printout) (contract confirmation). The contract text is stored while maintaining data protection.

2.3 When selecting a payment method offered by PayPal, payment processing is carried out by 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, which can be viewed 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, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected in the online ordering process, the seller hereby declares acceptance of the customer’s offer at the time the customer clicks the button that completes the order process.

2.4 When submitting an offer via the seller’s online order form, the contract text is saved by the seller and sent to the customer in text form (e.g., email, fax, or letter) after the customer’s order has been sent. The seller does not provide any further access to the contract text.

2.5 Before bindingly submitting the order via the seller’s online order form, the customer can identify and correct input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the zoom function of the browser, 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 completes the order process.

2.6 The contract is exclusively concluded in the German language.

2.7 Order processing and communication generally 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.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information regarding the right of withdrawal can be found in the seller’s withdrawal policy.

3.3 The right of withdrawal does not apply to consumers who, at the time of contract conclusion, do not belong to any member state of the European Union, and whose sole place of residence and delivery address at the time of contract conclusion are outside the European Union.

4) Prices and Payment Terms

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 that may apply will be separately indicated in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may be incurred on a case-by-case basis, which the seller is not responsible for and which are to be borne by the customer. These may include, for example, costs for money transfer by credit institutions (e.g., transfer fees, exchange rate fees) or customs duties or taxes (e.g., customs duties). Such costs may also be incurred in relation to money transfer even if the delivery is not made to a country outside the European Union, but the payment is made by the customer 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 If advance payment by bank transfer has been agreed upon, payment is due immediately upon conclusion of the contract unless the parties have agreed on a later due date.

4.5 When selecting the payment method “SOFORT,” the payment processing is carried out by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter “SOFORT”). In order to pay the invoice amount via “SOFORT,” the customer must have an online banking account that is activated for participation in “SOFORT,” authenticate 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 payment method “SOFORT” can be obtained by the customer on the internet at https://www.klarna.com/sofort/.

4.6 When selecting the payment method Credit Card (payment service “Stripe”), the invoice amount is due immediately upon conclusion of the contract. Payment processing is carried out by 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 through Stripe will be communicated to the customer in the seller’s online shop. Stripe may use additional payment services for payment processing, for which special payment terms may apply, and the customer may be separately notified of such terms. Stripe reserves the right to conduct a credit check and reject this payment method if the credit check is negative. Further information about Stripe can be found on the internet at https://stripe.com/de.

4.7 When selecting a payment method offered through the payment service “Shopify Payments,” payment processing is carried out by 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 through Shopify Payments will be communicated to the customer in the seller’s online shop. Stripe may use additional payment services for payment processing, for which special payment terms may apply, and the customer may be separately notified of such terms. Further information about “Shopify Payments” can be found on the internet at https://www.shopify.com/legal/terms-payments-de.

5) Delivery and Shipping Terms

5.1 If the seller offers the shipment of goods, the delivery will be made to the delivery address provided by the customer within the delivery area specified by the seller unless otherwise agreed upon. The delivery address provided in the seller’s order processing is decisive for the transaction.

5.2 If the 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 to the costs of the initial delivery if the customer effectively exercises their right of withdrawal. Regarding the return costs, the regulations set forth in the seller’s withdrawal policy apply when the customer effectively exercises their right of withdrawal.

5.3 If the customer is acting as a business entity, the risk of accidental loss and deterioration of the sold goods passes to the customer as soon as the seller has handed over the item to the carrier, freight forwarder, or any other person or institution designated for the execution of shipment. If the customer is a consumer, the risk of accidental loss and deterioration of the sold goods generally passes to the customer upon delivery to the customer or a person authorized to receive the goods. However, in deviation from this, the risk of accidental loss and deterioration of the sold goods also passes to the consumer as soon as the seller has handed over the item to the carrier, freight forwarder, or any other person or institution designated for the execution of shipment, if the customer has commissioned the carrier, freight forwarder, or other person or institution with the execution and the seller has not previously informed the customer of these.

5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the non-delivery is not the fault of the seller and the seller has concluded a specific cover transaction with the supplier with due diligence. The seller will make reasonable efforts to procure the goods. In the case of unavailability or only partial availability of the goods, the customer will be informed promptly, and the consideration will be refunded promptly.

5.5 If the seller offers the option to pick up the goods, the customer can collect the ordered goods at the address specified by the seller during the seller’s business hours. In this case, no shipping costs will be charged.

5.6 Gift vouchers are provided to the customer as follows: by email

6) Reservation of Ownership

If the Seller provides services in advance, they reserve ownership of the delivered goods until the purchase price owed has been paid in full.

 

7) Warranty for Defects

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

7.2 If the Customer is acting as a business:

  • the Seller has the choice of the type of subsequent performance;
  • the limitation period for defects for new goods is one year from the date of delivery of the goods;
  • rights and claims for defects in used goods are excluded;
  • the limitation period does not begin again if a replacement delivery is made within the scope of liability for defects.

7.3 The aforementioned limitations of liability and shortened limitation 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,
  • for goods that have been used for a building in accordance with their customary use and have caused its defectiveness,
  • for any existing obligation of the Seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.

7.4 Furthermore, for entrepreneurs, the statutory limitation periods for a possible statutory recourse claim remain unaffected.

7.5 If the Customer is a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the Customer’s obligations to inspect and give notice of defects under Section 377 of the German Commercial Code (HGB) apply. If the Customer fails to comply with the notification obligations specified therein, the goods shall be deemed approved.

7.6 If the Customer is a consumer, they are requested to report any obvious transport damage to the delivery agent and notify the Seller accordingly. Failure to do so will not affect the Customer’s statutory or contractual warranty claims.

 

8) Special Conditions for Processing Goods According to Specific Customer Specifications

8.1 If, according to the content of the contract, the Seller is also obligated to process the goods according to specific customer specifications, the Customer must provide the Seller with all content required for processing, such as text, images, or graphics, in the file formats, formats, image and file sizes specified by the Seller, and grant the Seller the necessary usage rights. The Customer is solely responsible for the procurement and acquisition of rights to these contents. The Customer declares and assumes responsibility for ensuring that they have the right to use the content provided to the Seller. The Customer must ensure in particular that this does not violate any third-party rights, in particular copyrights, trademarks, and personal rights.

8.2 The Customer shall indemnify the Seller against claims by third parties that they may assert in connection with the contractual use of the Customer’s content by the Seller.

8.3 The Seller reserves the right to reject processing orders if the content provided by the Customer violates legal or official prohibitions or violates public morals. This applies in particular to the provision of content that is unconstitutional, racist, xenophobic, discriminatory, offensive, endangers young people, and/or glorifies violence.

 

9) Redemption of Gift Vouchers

9.1 Vouchers that can be purchased through the Seller’s online shop (hereinafter referred to as “gift vouchers”) can only be redeemed in the Seller’s online shop, unless otherwise specified on the voucher.

9.2 Gift vouchers and any remaining balances on gift vouchers are redeemable until the end of the third year following the year of purchase of the voucher. Any remaining balances will be credited to the Customer until the expiration date.

9.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

9.4 Multiple gift vouchers can be redeemed for a single order.

9.5 Gift vouchers can only be used to purchase goods and not for the purchase of additional gift vouchers.

9.6 If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the Seller can be selected to settle the difference.

9.7 The balance of a gift voucher will not be paid out in cash or earn interest.

9.8 The gift voucher is intended for use by the person named on it. Transfer of the gift voucher to third parties is not permitted. The Seller is entitled, but not obliged, to check the material eligibility of the respective voucher holder.

 

10) Applicable Law

10.1 For all legal relationships between the parties, the law of the Federal Republic of Germany shall apply, excluding the laws on the international sale of goods. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence is not withdrawn.

10.2 Furthermore, this choice of law regarding the right of withdrawal does not apply to consumers who are not nationals of a member state of the European Union at the time of the conclusion of the contract and whose sole place of residence and delivery address is outside the European Union at the time of the conclusion of the contract.

 

11) Alternative Dispute Resolution

11.1 The EU Commission provides an online dispute resolution platform on the following link: https://ec.europa.eu/consumers/odr

This platform serves as a point of entry for the out-of-court resolution of disputes arising from online purchase or service contracts in which a consumer is involved.

11.2 The seller is not obligated to participate in a dispute resolution procedure before a consumer arbitration board but is willing to do so.