Conditions
General terms and conditions of business
Table of contents
- scope
- Conclusion of contract
- Right of withdrawal
- Prices and payment terms
- Shipping and delivery conditions
- Retention of title
- Warranty
- Special conditions for processing goods according to customer specifications
- Redeeming promotional vouchers
- Redemption of gift vouchers
- Applicable Law
- 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.à 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.