Conditions

General terms and conditions of business

Table of contents

  1. scope
  2. Conclusion of contract
  3. Right of withdrawal
  4. Prices and payment terms
  5. Shipping and delivery conditions
  6. Retention of title
  7. Warranty
  8. Special conditions for processing goods according to customer specifications
  9. Redeeming promotional vouchers
  10. Redemption of gift vouchers
  11. Applicable Law
  12. Alternative dispute resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Farbod Puladchang (hereinafter referred to as "Seller") apply to all contracts concluded between a consumer or an entrepreneur (hereinafter referred to as "Customer") and the Seller all goods and/or services presented in the seller's online shop are completed. The inclusion of the customer's own conditions is hereby objected to, unless other conditions have been agreed.

1.2 These terms and conditions apply accordingly to the purchase of vouchers, unless expressly agreed otherwise.

1.3 These General Terms and Conditions apply accordingly to contracts for the delivery of vouchers, unless expressly agreed otherwise.

1.4 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that cannot primarily be attributed to their commercial or independent professional activity.

1.5 An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of contract

2.1 The product descriptions in the seller's online shop do not represent binding offers on the part of the seller, but only serve to make a binding offer from the customer.

2.2 The customer can submit the offer using the online order form integrated into the seller's online shop. After placing the selected goods and/or services in the virtual shopping cart and going through the ordering process, the customer submits a legally binding contractual offer with regard to the goods and/or services contained in the shopping cart by clicking on the button that completes the ordering process.

2.3 The seller can accept the customer's offer within five days,
- by sending a written order confirmation or an order confirmation in written form (fax or email); The decisive factor in this respect is the receipt of the order confirmation by the customer or
- by delivering the ordered goods to the customer; The decisive factor in this respect is the receipt of the goods by the customer or
- by requesting the customer to pay after placing his order.

If several of the aforementioned alternatives apply, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. If the seller does not accept the customer's offer within the aforementioned period, this is considered a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment processing will be carried out by the payment service provider PayPal (Europe) S.Ă  rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), in compliance with this the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full?locale.x=en_DE or, if the customer does not have a PayPal account, under the Payment Conditions without a PayPal account, available at https://www.paypal.com/uk/webapps/mpp/ua/privacywax-full . If the customer uses a payment method that can be selected by PayPal as part of the online ordering process, the seller hereby declares acceptance of the customer's offer at the moment the customer clicks on the button to complete the ordering process.

2.5 If the customer chooses the payment method “Amazon Payments”, the payment is processed by the payment service provider Amazon Payments Europe SCA, 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter referred to as “Amazon”).

If the customer selects the payment method "Amazon Payments" during the online ordering process, he or she simultaneously issues a payment instruction to Amazon by initiating the payment process by clicking on the button to complete the ordering process. In this case, the seller declares acceptance of the customer's offer the moment the customer initiates the payment process by clicking on the button to complete the ordering process.

2.6 If an offer is submitted via the seller's online order form, the contract text will be saved by the seller after the contract has been concluded and sent to the customer in text form (e.g. by email, fax or letter) after the order has been sent. The seller does not make the contract text accessible beyond this.

2.7 Before bindingly submitting the order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. The browser's magnification function for better recognition of input errors can be helpful. During the electronic ordering process, the customer can correct all data entered using the usual keyboard and mouse functions until he clicks the button to complete the ordering process.

2.8 Only German and English are available for concluding the contract.

2.9 Order processing and communication usually take place via email and automated order processing. The customer is responsible for ensuring that the email address provided for order processing is correct and that emails from the seller can be received at this address. In particular, if SPAM filters are used, the customer is responsible for ensuring that all emails sent by the seller or by third parties on behalf of the seller for order processing can be delivered.

3) Right of withdrawal

3.1 Consumers have a right of withdrawal.

3.2 Detailed information on the right of withdrawal can be found in the seller's cancellation policy.

3.3 The right of withdrawal does not apply to consumers who are not citizens of a member state of the European Union at the time the contract is concluded and whose exclusive place of residence and delivery address is outside the European Union at the time the contract is concluded.

4) Prices and payment terms

4.1 Unless otherwise stated in the seller's product description, the prices are total prices including statutory sales tax. Delivery costs, if applicable, are stated separately in the respective product description.

4.2 Payment can be made using one of the methods specified by the seller in the online shop.

4.3 When delivering to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, transfer fees charged by banks (transfer fees, exchange rate fees), or import duties or taxes (customs duties). Such money transfer costs may apply even if the delivery is not to a country outside the European Union and the customer makes the payment from a country outside the European Union.

4.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.5 If the payment method “PayPal invoice” is selected, the seller assigns his payment claim to PayPal. Before PayPal accepts the seller's declaration of assignment, PayPal carries out a credit check using the submitted customer information. The seller reserves the right to refuse the customer the payment method “PayPal invoice” in the event of a negative credit check. If the payment method "PayPal Invoice" is accepted by PayPal, the customer must pay the invoice amount to PayPal within 30 days of receipt of the goods, unless PayPal sets a different payment deadline. In this case, he can only make payments to PayPal with a debt-discharging effect. However, the seller remains responsible even in the event of the assignment of claims for general customer inquiries, e.g. B. responsible for the goods, delivery time, shipping, returns, complaints, cancellations and shipping or credit notes.

4.6 If you select the credit card payment method, payment will be processed immediately after the ordering process. Payment is made in cooperation with Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). Stripe reserves the right to conduct a credit check and to reject this payment method in the event of a negative credit check.

4.7 If you select the payment method “PayPal Credit” (payment in installments via PayPal), the seller assigns his claims to PayPal. PayPal checks the creditworthiness based on the customer data transmitted before accepting the seller's declaration of assignment. The seller reserves the right to refuse the customer the payment method “PayPal Credit” in the event of a negative outcome of the credit check. If the payment method “PayPal Credit” is accepted by PayPal, the customer must pay the purchase price to PayPal under the conditions set by the seller in his online shop. In this case, he can only pay PayPal to discharge his debt. However, in the event of assignment of claims, the seller remains responsible for general customer inquiries regarding goods, delivery times, shipping, returns, complaints, cancellations, deliveries or credits.

4.8 If a payment method offered via the “PayPal” payment service is selected, payment is processed via PayPal, although PayPal can also use services from third-party payment service providers for this purpose. If the seller also offers payment methods via PayPal that require advance payments from the customer (e.g. purchase on account or installment payment), he assigns his payment claim to PayPal or to the payment service provider commissioned by PayPal, which is named separately to the customer. Before PayPal or the payment service provider commissioned by PayPal accepts the seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal carries out a credit check based on the customer data transmitted. The seller reserves the right to refuse the customer the selected payment method in the event of a negative test result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, he can only make debt-discharging payments to PayPal or to the payment service provider commissioned by PayPal. However, even in the event of the assignment of claims, the seller remains responsible for general customer inquiries, e.g. B. for questions about goods, delivery times, shipping, returns, complaints, cancellations and deliveries or credits.

4.9 If you select a payment method that is offered via the payment service "Shopify Payments", payment is processed via the payment service provider Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland (hereinafter referred to as “Shopify”). The individual payment methods offered via Shopify are communicated to the customer in the seller's online shop. Shopify may also use other payment services to process payments, which may be subject to special payment conditions, of which the customer will be specifically informed. For more information about Shopify Payments, visit https://www.shopify.com/payments .

5) Shipping and delivery conditions

5.1 If the Seller offers to ship the Goods, delivery will be made to the delivery address specified by the Customer within the delivery area specified by the Seller, unless otherwise agreed. When processing the transaction, the delivery address specified by the seller in order processing is decisive.

5.2 If the contracted transport company returns the goods to the seller because delivery to the customer was not possible, the customer will bear the costs for the unsuccessful shipping. This does not apply if the customer effectively exercises his right of withdrawal, if delivery cannot take place due to circumstances beyond the customer's control, or if the customer has been previously informed by the seller about the service in a reasonable time, if this is not the case can be provided.

5.3 For logistical reasons, personal collection is not possible.

5.4 The seller reserves the right to withdraw from the contract if there is an incorrect or inadmissible self-delivery. This only applies if the seller is not responsible for the non-delivery and has concluded a specific hedging transaction with the supplier. The Seller will use all reasonable endeavors to obtain the Goods. In the event of non-availability or partial availability of the goods, he will inform the customer and provide him with immediate compensation.

6) Reservation of ownership

6.1 If the seller makes advance deliveries, he retains ownership of the goods delivered until the purchase price owed has been paid in full.

7) Warranty

7.1 Unless otherwise agreed, the provisions of statutory liability for defects apply. Deviating from this, the following regulations apply to contracts for the delivery of goods:

7.2 If the customer acts as a dealer:

  • The seller can choose the type of supplementary performance.
  • For new goods, the limitation period for claims for defects is one year from delivery of the goods.
  • For used goods, rights and claims due to defects are excluded.
  • The limitation period does not begin again if a replacement delivery is made within the scope of liability for defects.

7.3 If the customer acts as a consumer, contracts for the delivery of used goods are subject to the following clause: The limitation period for claims for defects is one year from delivery of the goods, provided this has been expressly and separately contractually agreed between the parties and the customer was informed about the shortening of the limitation period when submitting his contractual declaration.

7.4 The above-mentioned liability limitations and shortening of the limitation period do not apply to:

  • Customer’s claims for damages and reimbursement of expenses.
  • If the seller has fraudulently concealed the defect.
  • For goods that were used for a building in accordance with their normal use and caused its defects.
  • For existing obligations of the seller to provide updates for digital products in connection with contracts for the supply of goods with digital elements.

7.5 In addition, the statutory limitation periods for any existing statutory recourse claims remain unaffected for retailers.

7.6 If the customer is a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he has the commercial law obligation to investigate and give notice of complaints in accordance with Section 377 of the German Commercial Code (HGB). If the customer neglects the notification obligations set out therein, the goods are deemed to have been approved.

7.7 If the customer acts as a consumer, the carrier must be informed immediately of any obvious transport damage and the seller must be notified accordingly. Failure to fulfill these obligations does not affect the customer's legal or contractual warranty claims.

8) Special conditions for processing goods according to customer specifications

8.1 If, in accordance with the terms of the contract, the seller owes the delivery of goods as well as the processing of goods according to certain specifications of the customer, the customer must provide the operator with all content necessary for the processing, such as texts, images or graphics, in the conditions specified by the operator File formats, formatting, image and file sizes, and grant the operator the necessary usage rights. The customer is solely responsible for obtaining and acquiring rights to such content. The customer declares and assumes responsibility for using the material provided to the seller. In particular, he must ensure that no third-party rights, in particular copyrights, trademark rights and personal rights, are violated.

8.2 The customer must indemnify the seller from claims by third parties that are asserted against the seller in connection with a violation of their rights through the contractual use of the customer's content. The customer shall also bear the reasonable costs of any necessary legal defense, including all court and attorney fees at the statutory rate. This does not apply if the customer is not responsible for the breach. In the event of third-party claims, the customer is obliged to provide the seller promptly, truthfully and completely with all information necessary to verify the asserted claims for a corresponding defense.

8.3 The seller reserves the right to reject orders for processing if the content provided by the customer for this purpose violates legal or official prohibitions or morality. This applies in particular to the provision of content that is unconstitutional, racist, xenophobic, discriminatory, offensive or harmful to minors or that glorifies violence.

9) Redeeming promotional vouchers

9.1 Vouchers issued by the Seller as part of promotions free of charge for a certain period of time and not for sale to the Customer (hereinafter referred to as "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 campaign if this results from the conditions of the promotional voucher.

9.3 Only one promotional voucher can be redeemed per order.

9.4 The value of the goods must at least correspond to the value of the promotional voucher. Seller will not refund any remaining amounts.

9.5 If the value of the promotional voucher is not sufficient for the order, the customer can choose one of the remaining payment methods offered by the seller to pay the difference.

9.6 The balance of the promotional voucher will not be paid out in cash and is not subject to interest.

9.7 The promotional voucher will not be redeemed if the customer, within the scope of his statutory right of withdrawal, returns goods that were paid for in full or in part with a promotional voucher.

9.8 Promotional vouchers are only intended for use by the person named on the voucher. Transferring the promotional voucher to third parties is not permitted. The seller is entitled, but not obliged, to check the authorization of the respective voucher holder.

10) Gift Certificate Redemption

10.1 Gift vouchers that can be purchased via the Seller's online shop (hereinafter referred to as "Gift Vouchers") can only be redeemed in the Seller's online shop, unless otherwise agreed in the voucher.

10.2 Gift vouchers and remaining balance of gift vouchers can be redeemed until the end of the third year following the year in which the gift voucher was purchased. Remaining credit will be credited to the customer's voucher account.

10.3 Gift vouchers can only be redeemed before completing the ordering process. Subsequent billing is not possible.

10.4 Only one gift voucher can be redeemed per order.

10.5 Gift Vouchers can only be used to purchase Goods and not to purchase other Gift Vouchers.

10.6 If the value of the Gift Voucher is not sufficient to pay for the Order, the Customer may choose one of the remaining payment methods offered by the Seller to pay the difference.

10.7 The balance of the gift voucher is not paid out in cash and is not subject to interest.

10.8 The gift voucher is transferable. The seller can make debt-discharging payments to the respective holder who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the lack of authorization, legal incapacity or lack of authorization to represent the respective owner.

11) Applicable Law

11.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws that regulate the international purchase of movable property. This choice of law only applies to consumers to the extent that the protection granted is not deprived of them by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.

11.2 With regard to the statutory right of withdrawal, this choice of law does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address is outside the European Union at the time the contract is concluded.

12) Alternative Dispute Resolution

12.1 The EU Commission provides the following link on its website: https://ec.europa.eu/consumers/odr .

This platform serves as an entry point for out-of-court dispute resolutions arising from online sales and service contracts between consumers and retailers.

12.2 The seller is neither obliged nor willing to take part in a dispute resolution procedure before an alternative dispute resolution body.