GTC
I. Scope of application
These General Terms and Conditions of
Danyal Kir, Deazim - Touch Luxury, Vorhaller Straße 24, 58089 Hagen
Telefon: +49 178 1561301, E-Mail: info@deazim.de
-from now on referred to as the Seller, are valid for all contracts concluded by the Seller with the Customers in relation to the products presented in the Seller’s online shop (Deazim - Touch Luxury -). The inclusion of the Customers’ GTC is hereby rejected, unless otherwise expressly agreed upon.
II. Customers
Customers in the sense of I. are consumers as well as entrepreneurs. According to § 13 of the German Civil Code (BGB), a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor independent professional activity. Entrepreneurs are natural or legal persons or partnerships with legal capacity who, when concluding a legal transaction, act in the exercise of their commercial or independent professional activity.
III. Conclusion of the contract
The contract is concluded by offer and acceptance.1. Offer by the Customer
The products presented in the Seller’s online shop serve for the submission of a binding offer by the Customers; to this extent, the product presentations are not contractual offers by the Seller. The offer can be made by the Customers by telephone, in writing, by fax, by e-mail and via the online order form integrated in the Seller’s webshop. If the offer is made via the online order form, the Customers make a legally binding contractual offer for the products in the virtual shopping cart after entering their personal data, going through the ordering process and clicking the “buy now” button that concludes the ordering process. Before submitting the offer to the Seller, the entries can always be corrected using the usual keyboard and mouse functions. All entries are also displayed in a confirmation window before the binding submission of the offer and can also be corrected there using the usual keyboard and mouse functions.
2. Acceptance by the Seller
If the Customer submits an offer via the online order form integrated in the Seller’s webshop, by e-mail or by fax, the Seller shall first confirm receipt of the offer electronically (fax or e-mail) without delay. This does not yet constitute an acceptance of the offer. The Seller's acceptance takes place
- by means of an electronically transmitted (fax or e-mail) or written order confirmation.
- as a request for payment to the Customer after the order has been triggered
- at delivery of the ordered goods.
If several of the aforementioned conditions apply, the contract shall be concluded as soon as one of these conditions - declaration of acceptance - occurs first.
The Seller may accept the Customer’s offer within a period of 5 days, beginning on the day on which the offer is submitted by the Customer. Acceptance by the Seller shall be deemed to be rejected if it is not made within the time limit. Thereafter, the Customer is no longer bound by his offer.
3. Further order processing
The order is processed by e-mail and the Seller’s automated order processing system. Customers must ensure that the e-mail address they provide in the course of submitting their offer is correct so that the e-mails sent by the Seller can be received. Furthermore, Customers must ensure that e-mails from the Seller can be delivered even if spam filters are used.
IV. Right of revocation
If the Customer is a consumer within the meaning of § 13 of the German Civil Code (BGB), he/she has a right of revocation in accordance with the revocation instructions provided separately on this website.
V. Storage of the contract text
The text of the contract can be called up by the Customer via his customer account, which may have been created previously and which is secured with his password, and printed out via the print function of the browser. The Seller does not store the text of the contract separately.
VI. Prices
The prices stated in the Seller’s webshop are final prices; they include all price components, including the applicable German VAT. Any additional delivery and shipping costs will be indicated separately under the heading Shipping Information in the Seller's webshop and in the course of the ordering process. Additional costs, such as additional taxes and/or duties, for example in the form of customs duties, shall be incurred in individual cases in the case of cross-border deliveries to foreign countries not belonging to the EU.
VII. Payment
1. The Seller offers the following payment options, unless otherwise specified in the respective product presentation in the webshop offer: Prepayment by bank transfer, direct debit, PayPal and credit card.
2. In the case of the PayPal payment method, the payment is processed via PayPal (Europe) S.à r.l. et Cie, S.C.A.. To do this, the Customer must have a PayPal account. The PayPal terms of use are available on the website www.paypal.com.
VIII. Terms of delivery
The order will be delivered to the delivery address specified by the Customer during the order processing or, in the case of payment via PayPal o, to the delivery address specified there. If delivery to the Customer is not possible, the transport company commissioned will return the goods to the Seller. In this case, the Customers shall bear the costs for the unsuccessful delivery. This does not apply if the Customers were temporarily prevented from accepting the delivery, unless the Seller has given reasonable advance notice of the delivery or if the Customer has exercised his statutory right of withdrawal prior to the attempted delivery.
IX. Assumption of risk
The risk of accidental loss and accidental deterioration of the goods shall pass to the Customer or a person authorised to receive the goods upon delivery. If the Customer is an entrepreneur, the risk of accidental loss and accidental deterioration shall pass to the Customer upon delivery of the goods to a transport person or transport company designated to carry out the shipment.
X. Retention of title
The goods delivered shall remain the property of the Seller until payment has been made in full.
XI. Liability for defects
The statutory liability for defects shall apply.
XII. Concluding provisions
1. The contractual language is German.
2. If the Customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be the place of business of the Seller.
3. All legal relations between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws on the international sale of movable goods. For consumers, this choice of law only applies insofar as the granted protection is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.