Terms and Conditions
General Terms and Conditions with Customer Information
Table of Contents
- Scope of Application
- Conclusion of Contract
- Right of Withdrawal
- Prices and Payment Conditions
- Delivery and Shipping Conditions
- Retention of Title
- Liability for Defects (Warranty)
- Liability
- Applicable Law
- Alternative Dispute Resolution
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter "GTC") of Murad Güzel, operating under "MMR" (hereinafter "we/us"), apply to all contracts for the delivery of goods that you, as a consumer or entrepreneur (hereinafter "you"), conclude with us regarding the goods displayed in our online shop. We hereby object to the inclusion of your own terms and conditions, unless we have agreed otherwise with you.
1.2 You are a consumer within the meaning of these GTC if you conclude a legal transaction for purposes that are predominantly neither attributable to your commercial nor your independent professional activity.
1.3 You are an entrepreneur within the meaning of these GTC if you are a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of your commercial or independent professional activity.
2) Conclusion of Contract
2.1 The product descriptions contained in our online shop do not constitute binding offers on our part, but serve for you to submit a binding offer.
2.2 You can submit the offer via the online order form integrated into our online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, you submit a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that concludes the ordering process.
2.3 We can accept your offer within five days,
- by sending you a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by you is decisive, or
- by delivering the ordered goods to you, whereby the receipt of the goods by you is decisive, or
- by requesting payment from you after you have placed your order.
If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The period for accepting your offer begins on the day after you send your offer and ends with the expiry of the fifth day following the sending of the offer. If we do not accept your offer within the aforementioned period, this is considered a rejection of the offer, with the consequence that you are no longer bound by your declaration of intent.
2.4 If a payment method offered by PayPal is selected, 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 User Agreement, viewable at https://www.paypal.com
2.5 When submitting an offer via our online order form, the contract text will be stored by us after the conclusion of the contract and transmitted to you in text form (e.g. email, fax or letter) after you have sent your order. We will not make the contract text accessible beyond this.
2.6 Before submitting a binding order via our online order form, you can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means to better detect input errors can be your browser's magnification function, which enlarges the display on the screen. You can correct your entries within the electronic ordering process using the usual keyboard and mouse functions until you click the button that concludes the ordering process.
2.7 The German language is available for the conclusion of the contract.
2.8 Order processing and contact usually take place via email and automated order processing. You must ensure that the email address you provide for order processing is correct, so that emails sent by us can be received at this address. In particular, when using SPAM filters, you must ensure that all emails sent by us or by third parties commissioned by us to process the order can be delivered.
3) Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in our cancellation policy.
4) Prices and Payment Conditions
4.1 Unless otherwise stated in our product description, the prices quoted are total prices that include the statutory value-added tax. Any additional delivery and shipping costs will be specified separately in the respective product description.
4.2 The payment option(s) will be communicated to you in our online shop.
4.3 If a payment method offered via the payment service "Shopify Payments" is selected, 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 via Shopify Payments will be communicated to you in our online shop. Stripe may use other payment services for payment processing, for which special payment conditions may apply, to which you may be separately informed. Further information on "Shopify Payments" is available online at https://www.shopify.com
4.4 If a payment method offered via the payment service "Klarna" is selected, payment processing is carried out via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information and Klarna's terms and conditions can be found here:
https://mmr-shop.com › pages › zahlungsinformation-zur-klarna
5) Delivery and Shipping Conditions
5.1 If we offer shipping of the goods, delivery will be made within the delivery area specified by us to the delivery address you have provided, unless otherwise agreed. The delivery address specified in our order processing is decisive for the processing of the transaction.
5.2 If the delivery of the goods fails for reasons for which you are responsible, you shall bear the reasonable costs incurred by us as a result. This does not apply to the costs of sending the goods if you effectively exercise your right of withdrawal. For the return costs, in the event of an effective exercise of the right of withdrawal by you, the provision made in our cancellation policy applies.
5.3 If you act as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to you as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. If you act as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes when the goods are handed over to you or a person authorized to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to you, even if you act as a consumer, as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, if you have commissioned the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment and we have not previously named this person or institution to you.
5.4 We reserve the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies if the non-delivery is not our fault and we have concluded a concrete covering transaction with the supplier with due diligence. We will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, you will be informed immediately and the consideration will be refunded to you immediately.
5.5 Self-collection is not possible for logistical reasons.
6) Retention of Title
If we provide advance payment, we reserve title to the delivered goods until full payment of the purchase price owed.
7) Liability for Defects (Warranty)
Unless otherwise stated in the following provisions, the provisions of statutory liability for defects apply. Deviating from this, the following applies to contracts for the delivery of goods:
7.1 If you act as an entrepreneur,
- we have the choice of the type of supplementary 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 recommence if a replacement delivery is made within the scope of liability for defects.
7.2 The limitations of liability and reductions in time limits regulated above do not apply
- to your claims for damages and reimbursement of expenses,
- in the event that we have fraudulently concealed the defect,
- for goods that have been used for a building in accordance with their usual use and have caused its defectiveness,
- for any existing obligation on our part to provide updates for digital products, in contracts for the delivery of goods with digital elements.
7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.
7.4 If you act as a merchant within the meaning of § 1 HGB (German Commercial Code), you are subject to the commercial duty to inspect and give notice of defects in accordance with § 377 HGB. If you fail to comply with the notification obligations regulated therein, the goods shall be deemed to have been approved.
7.5 If you act as a consumer, you are requested to complain about goods delivered with obvious transport damage to the deliverer and to inform us of this. If you fail to do so, this has no effect on your statutory or contractual claims for defects.
8) Liability
The seller is liable to you for all contractual, quasi-contractual and statutory, also tortious, claims for damages and reimbursement of expenses as follows:
8.1 We are liable without limitation for any legal reason
- in case of intent or gross negligence,
- in case of intentional or negligent injury to life, body or health,
- on the basis of a guarantee promise, unless otherwise regulated in this respect,
- on the basis of mandatory liability, such as under the Product Liability Act.
8.2 If we negligently violate an essential contractual obligation, liability is limited to the contract-typical, foreseeable damage, unless we are liable without limitation in accordance with the preceding clause. Essential contractual obligations are obligations that the contract imposes on us according to its content to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance you may regularly rely.
8.3 Otherwise, any liability on our part is excluded.
8.4 The above liability regulations also apply with regard to our liability for our vicarious agents and legal representatives.
9) Applicable Law
All legal relationships between you and us are governed by the law of the Federal Republic of Germany, to the exclusion of the laws on the international sale of movable goods. If you act as a consumer, this choice of law only applies insofar as the protection granted to you by mandatory provisions of the law of the state in which you have your habitual residence is not withdrawn.
10) Alternative Dispute Resolution
We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
