Terms of service

General Terms and Conditions (AGB) with Customer Information

 

Table of Contents

1. Scope of Application
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Terms
6. Retention of Title
7. Liability for Defects (Warranty)
8. Redemption of Promotional Vouchers
9. Redemption of Gift Vouchers
10. Applicable Law
11. Alternative Dispute Resolution

 

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter "GTC") of Deniz Richers, trading as "djahedarichers.com" (hereinafter "Seller"), apply to all contracts for the delivery of goods concluded by a consumer or trader (hereinafter "Customer") with the Seller with regard to the goods presented by the Seller in his online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 These GTC apply accordingly to contracts for the delivery of vouchers, unless expressly agreed otherwise in this respect.

1.3  A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor attributable to their self-employed professional activity. A trader within the meaning of these GTC is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or self-employed professional activity when concluding a legal transaction.

 

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.

2.2 The Customer may submit the offer via the online order form integrated into the Seller's online shop. In doing so, after having placed the selected goods in the virtual shopping cart and completed the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. The Customer may also submit the offer to the Seller by email.

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), whereby receipt of the order confirmation by the Customer is decisive in this respect, or
• by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive in this respect, or
• by requesting payment from the Customer after the order has been placed.

If several of the aforementioned alternatives apply, the contract is concluded at the time at which one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the Customer sends the offer and ends upon expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.

2.4  If a payment method offered by PayPal is selected, payment is processed via 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 Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the Customer does not have a PayPal account - subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a payment method offered by PayPal that can be selected in the online ordering process, the Seller already now declares acceptance of the Customer's offer at the time at which the Customer clicks the button that concludes the ordering process.

2.5 If the payment method "Amazon Payments" is selected, payment is processed via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), subject to the Amazon Payments Europe User Agreement, available at https://payments.amazon.de/help/201751590. If the Customer selects "Amazon Payments" as the payment method during the online ordering process, they also issue a payment order to Amazon by clicking the button that concludes the ordering process. In this case, the Seller already now declares acceptance of the Customer's offer at the time at which the Customer initiates the payment process by clicking the button that concludes the ordering process.

2.6 When an offer is submitted via the Seller's online order form, the text of the contract is stored by the Seller after the conclusion of the contract and sent to the Customer in text form (e.g. email, fax or letter) after the order has been sent. The Seller does not make the contract text accessible beyond this. If the Customer has set up a user account in the Seller's online shop before sending their order, the order data will be archived on the Seller's website and can be accessed by the Customer free of charge via their password-protected user account by entering the corresponding login details.

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. An effective technical means of better identifying input errors can be the browser's zoom function, with the help of which the display on the screen is enlarged. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.

2.8  Only the German language is available for the conclusion of the contract.

2.9  Order processing and contact generally take place by email and automated order processing. 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 to process the order can be delivered.

 

3) Right of Withdrawal (Widerruf)

3.1  Consumers are generally entitled to a right of withdrawal.

3.2  Further information on the limitation of the right of withdrawal can be found in the Seller's notice of withdrawal (Widerrufsbelehrung).

3.3 The right of withdrawal does not apply to consumers who, at the time the contract is concluded, do not belong to any Member State of the European Union and whose sole place of residence and delivery address are located outside the European Union at the time the contract is concluded. Furthermore, the Seller's products that are produced at the Customer's request are excluded.

 

4) Prices and Payment Terms

4.1  Unless otherwise stated in the Seller's product description, the prices quoted are total prices that include statutory VAT. Any additional delivery and shipping costs are stated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, further costs may arise in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for the transfer of funds by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union but the Customer makes the payment from a country outside the European Union.

4.3  The payment option(s) will be communicated to the Customer in the Seller's online shop.

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 a payment method offered via the payment service "Shopify Payments" is selected, payment is processed via 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 are communicated to the Customer in the Seller's online shop. For the processing of payments, Stripe may use other payment services, for which special payment conditions may apply, of which the Customer will be informed separately where applicable. Further information on "Shopify Payments" is available online at https://www.shopify.com/legal/terms-payments-de.

4.6  If a payment method offered via the payment service "Klarna" is selected, payment is processed via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information and Klarna's terms in this regard can be found in the Seller's payment information, which can be viewed at the following internet address:

https://djahedarichers.com/pages/versandbedingungen

 

5) Delivery and Shipping Terms

5.1  Goods are delivered by dispatch to the delivery address specified by the Customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller's order processing is decisive.

5.2 If delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply with regard to the costs of the outbound shipment if the Customer effectively exercises their right of withdrawal. If the Customer effectively exercises their right of withdrawal, the provision set out in the Seller's notice of withdrawal applies to the return shipping costs.

5.3  Self-collection is not possible for logistical reasons.

5.4 Vouchers are provided to the Customer as follows:

• by email

 

6) Retention of Title

If the Seller performs in advance, the Seller retains title to the delivered goods until the purchase price owed has been paid in full.

 

7) Liability for Defects (Warranty)

7.1 If the purchased item is defective, the provisions of statutory liability for defects apply.

7.2 Notwithstanding this, the following applies to used goods: claims for defects are excluded if the defect only appears after one year from delivery of the goods. Defects that appear within one year of delivery of the goods may be asserted within the statutory limitation period. However, the reduction of the liability period to one year does not apply

• to items that have been used for a building in accordance with their customary manner of use and have caused its defectiveness,
• to claims for damages and reimbursement of expenses by the Customer, and
• in the event that the Seller has fraudulently concealed the defect.

7.3 If the Customer acts as a consumer, they are asked to complain to the delivery agent about delivered goods with obvious transport damage and to inform the Seller thereof. If the Customer fails to do so, this has no effect whatsoever on their statutory or contractual claims for defects.

 

8) Redemption of Promotional Vouchers

8.1  Vouchers issued free of charge by the Seller as part of promotional campaigns with a specific period of validity and which cannot be purchased by the Customer (hereinafter "Promotional Vouchers") can only be redeemed in the Seller's online shop and only within the specified period.

8.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the Promotional Voucher.

8.3  Promotional Vouchers can only be redeemed before the ordering process is completed. Subsequent offsetting is not possible.

8.4 Only one Promotional Voucher can be redeemed per order.

8.5 The value of the goods must be at least equal to the amount of the Promotional Voucher. Any remaining credit will not be refunded by the Seller.

8.6  If the value of the Promotional Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.

8.7  The credit of a Promotional Voucher is neither paid out in cash nor does it earn interest.

8.8 The Promotional Voucher will not be refunded if the Customer returns the goods paid for in full or in part with the Promotional Voucher within the scope of their statutory right of withdrawal.

8.9  The Promotional Voucher is transferable. The Seller may render performance with discharging effect to the respective holder who redeems the Promotional Voucher in the Seller's online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the non-entitlement, legal incapacity or lack of authority to represent of the respective holder.

 

9) Redemption of Gift Vouchers

9.1 Vouchers that can be purchased via the Seller's online shop (hereinafter "Gift Vouchers") can only be redeemed in the Seller's online shop, unless otherwise stated on the voucher.

9.2  Gift Vouchers and remaining credit on Gift Vouchers can be redeemed until the end of the third year following the year in which the voucher was purchased. Remaining credit will be credited to the Customer until the expiry date.

9.3 Gift Vouchers can only be redeemed before the ordering process is completed. Subsequent offsetting is not possible.

9.4 Only one Gift Voucher can be redeemed per order.

9.5 Gift Vouchers can only be used for the purchase of goods and not for the purchase of further Gift Vouchers.

9.6  If the value of the Gift Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.

9.7 The credit of a Gift Voucher is neither paid out in cash nor does it earn interest.

9.8  The Gift Voucher is transferable. The Seller may render performance with discharging effect 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 non-entitlement, legal incapacity or lack of authority to represent of the respective holder.

 

10) Applicable Law

10.1  The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law applies only to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.

10.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who, at the time the contract is concluded, do not belong to any Member State of the European Union and whose sole place of residence and delivery address are located outside the European Union at the time the contract is concluded.

 

11) Alternative Dispute Resolution

11.1 The EU Commission provides a platform for online dispute resolution on the internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.

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