Terms of service

Terms & Conditions (AGB)

Table of Contents
Scope of Application
Conclusion of Contract
Right of Withdrawal
Prices and Payment Terms
Delivery and Shipping Conditions
Retention of Title
Liability for Defects (Warranty)
Liability
Special Conditions for the Processing of Goods According to Customer Specifications
Applicable Law
Alternative Dispute Resolution

1) Scope of Application

1.1 These Terms and Conditions (“T&Cs”) of Ebubekir Akyüz, trading as “Ebubekir Akyüz” (hereinafter “Seller”), apply to all contracts for the supply of goods concluded between a consumer or business customer (hereinafter “Customer”) and the Seller with regard to the goods presented in the Seller’s online shop. Any terms of the Customer that conflict with or deviate from these T&Cs are hereby rejected, unless otherwise expressly agreed.

1.2 A consumer within the meaning of these T&Cs is any natural person who enters into a legal transaction for purposes that predominantly are outside their trade, business, or profession.

1.3 An entrepreneur within the meaning of these T&Cs is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in exercise of their trade or self-employed professional activity.

2) Conclusion of Contract

2.1 The product descriptions in the Seller’s online shop do not constitute binding offers by the Seller but serve to enable the Customer to submit a binding offer.

2.2 The Customer may 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 completing the electronic checkout, the Customer submits a legally binding offer to purchase the goods in the cart by clicking the button that concludes the order 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), in which case receipt by the Customer is decisive; or

  • delivering the ordered goods to the Customer, in which case receipt of the goods by the Customer is decisive; or

  • requesting payment from the Customer after the order has been placed.

If several of the above alternatives apply, the contract is concluded at the time when the first of the alternatives occurs. The period for acceptance begins on the day after the Customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer’s offer within this period, the offer is deemed rejected and the Customer is no longer bound by their declaration.

2.4 When selecting a payment method offered by PayPal, payment processing is carried out by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal terms of use (see: https://www.paypal.com/de/legalhub/paypal/useragreement-full) or—if the Customer does not have a PayPal account—subject to the terms for payments without a PayPal account (see: https://www.paypal.com/de/legalhub/paypal/privacywax-full). If the Customer pays using a PayPal method selectable during checkout, the Seller hereby declares acceptance of the Customer’s offer at the time the Customer clicks the button concluding the order.

2.5 When selecting Amazon Payments, payment processing is carried out by Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg, subject to the Amazon Payments Europe User Agreement (see: https://pay.amazon.de/help/201751590). If the Customer selects Amazon Payments during checkout, they simultaneously issue a payment order to Amazon by clicking the button concluding the order. In this case, the Seller declares acceptance of the offer at the time the Customer triggers the payment process.

2.6 When an offer is submitted via the Seller’s online order form, the contract text 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 order has been dispatched. No further provision of the contract text is made. If the Customer has created a user account before sending the order, the order data is archived on the Seller’s website and can be accessed free of charge by the Customer via their password-protected account using the corresponding login details.

2.7 Before submitting the binding order via the online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means to better recognize input errors may be the browser’s zoom function, which enlarges the display on the screen. The Customer can correct entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the order.

2.8 The language available for concluding the contract is German.

2.9 Order processing and contact usually take place by email and automated order handling. 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 for order processing can be delivered.

3) Right of Withdrawal

3.1 Consumers generally have a statutory right of withdrawal.

3.2 Further details 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 product description, the prices indicated are total prices. No VAT is charged as the Seller is exempt under the German small business regulation (Section 19 UStG). Any additional delivery and shipping costs are stated separately in the respective product description.

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

4.3 If a payment method offered by Klarna is selected, payment processing is carried out by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden. Further information and Klarna’s terms can be found here:
https://www.akibashop.de/pages/zahlungsinfromationen

5) Delivery and Shipping Conditions

5.1 If the Seller offers shipping 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. For processing, the delivery address specified in the Seller’s checkout is decisive. By way of exception, when PayPal is selected, the delivery address stored with PayPal at the time of payment is decisive.

5.2 If 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 outbound shipping costs if the Customer effectively exercises the right of withdrawal. With respect to return shipping costs in the event of an effective withdrawal, the provisions in the Seller’s Withdrawal Policy apply.

5.3 If the Customer is a business, the risk of accidental loss and accidental deterioration of the goods passes to the Customer as soon as the Seller has delivered the item to the carrier, freight forwarder or other person or institution designated to carry out the shipment. If the Customer is a consumer, the risk generally passes only upon handover of the goods to the Customer or an authorized recipient. By way of exception, even for consumers the risk passes when the goods are handed over to the carrier if the Customer commissioned the carrier and the Seller did not previously name this person or institution to the Customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only if the non-delivery is not attributable to the Seller and the Seller has concluded a specific covering transaction with the supplier with due care. In case of non-availability or only partial availability of the goods, the Customer will be informed without delay and any consideration will be refunded immediately.

5.5 Self-collection is not possible for logistical reasons.

6) Retention of Title

If the Seller delivers in advance, title to the delivered goods remains with the Seller until full payment of the purchase price owed.

7) Liability for Defects (Warranty)

Unless otherwise provided below, the statutory provisions on liability for defects apply. Deviating therefrom, for contracts for the delivery of goods the following applies:

7.1 If the Customer is a business:

  • the Seller has the right to choose the type of subsequent performance;

  • for new goods, the limitation period for defect claims is one year from delivery of the goods;

  • for used goods, defect claims are excluded;

  • the limitation period does not start anew if a replacement is delivered within the scope of liability for defects.

7.2 The above limitations and reductions do not apply:

  • to claims for damages and reimbursement of expenses by the Customer;

  • in the event that the Seller fraudulently concealed the defect;

  • to goods which, in accordance with their normal use, have been used for a building and have caused its defectiveness;

  • to any obligation of the Seller to provide updates for digital products in contracts for the supply of goods with digital elements.

7.3 In addition, for entrepreneurs, the statutory limitation periods for any statutory right of recourse remain unaffected.

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

7.5 If the Customer is a consumer, they are requested to complain to the deliverer about goods delivered with obvious transport damage and to inform the Seller accordingly. Failure to do so has no effect on the Customer’s statutory or contractual claims for defects.

8) Liability

The Seller is liable to the Customer for all contractual, quasi-contractual and statutory claims for damages and reimbursement of expenses as follows:

8.1 The Seller is liable without limitation on any legal grounds:

  • in the event of intent or gross negligence;

  • in the event of intentional or negligent injury to life, body, or health;

  • on the basis of a guarantee, if agreed;

  • under mandatory liability, e.g., under the Product Liability Act.

8.2 If the Seller negligently breaches a material contractual obligation, liability is limited to the foreseeable, typical damage, unless unlimited liability applies pursuant to the preceding paragraph. Material contractual obligations are obligations which the contract imposes on the Seller according to its content for the achievement of the contractual purpose, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the Customer may regularly rely.

8.3 Otherwise, liability of the Seller is excluded.

8.4 The above liability provisions also apply with regard to the Seller’s liability for its vicarious agents and legal representatives.

9) Special Conditions for the Processing of Goods According to Customer Specifications

9.1 If, under the content of the contract, the Seller owes not only delivery of the goods but also processing of the goods according to specific Customer instructions, the Customer shall provide the Seller with all content required for processing, such as texts, images or graphics, in the file formats, formats, image and file sizes specified by the Seller and grant the necessary rights of use. The Customer is solely responsible for procuring and acquiring rights to such content. The Customer declares and assumes responsibility that they have the right to use the content provided to the Seller and that no third-party rights (in particular copyrights, trademark rights, personality rights) are infringed.

9.2 The Customer shall indemnify the Seller against claims of third parties which they may assert against the Seller in connection with a violation of their rights through the contractual use of the Customer’s content by the Seller. The Customer also assumes the necessary costs of legal defense, including all court and attorney fees at the statutory rate. This does not apply if the Customer is not responsible for the infringement. In the event of a claim by third parties, the Customer is obliged to provide the Seller immediately, truthfully and completely with all information required for the examination of the claims and a defense.

9.3 The Seller reserves the right to reject processing orders if the content provided by the Customer violates statutory or official prohibitions or common decency. This applies in particular to content that is unconstitutional, racist, xenophobic, discriminatory, insulting, harmful to minors and/or glorifies violence.

10) Applicable Law

The law of the Federal Republic of Germany shall apply to all legal relationships of the parties, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only to the extent that the protection afforded is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.

11) Alternative Dispute Resolution

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

 

Note: As a small business within the meaning of Section 19 of the German VAT Act (UStG), no VAT is charged or shown.

Courtesy translation: This English version is provided for convenience. In case of discrepancies, the German version of these Terms & Conditions shall prevail.