General terms and conditions with customer information

Scope of Application
Conclusion of Contract
Right of Withdrawal
Prices and Terms of Payment
Delivery and Shipping Conditions
Retention of Title
Liability for Defects (Warranty)
Redemption of Promotional Vouchers
Applicable Law
Alternative Dispute Resolution

1. Scope of Application

1.1 These General Terms and Conditions (hereinafter “General Terms and Conditions”) of Yilmaz (hereinafter “Seller”) apply to all contracts for the supply of goods that a consumer or entrepreneur (hereinafter “Customer”) concludes with the Seller in relation to the goods presented by the Seller in the online shop. The inclusion of the Customer’s own terms and conditions is hereby contradicted, unless otherwise agreed.

1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that predominantly are outside his or her trade, business or profession.

1.3 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 exercise of his, her or its trade, business or profession.

2. Conclusion of Contract

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers by the Seller, but serve for the Customer to submit a binding offer.

2.2 The Customer can submit the offer via the online order form integrated in the Seller’s online shop. In doing so, after placing the selected goods in the virtual shopping cart and going through 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.

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 (telefax or electronic mail), whereby receipt of the order confirmation by the Customer is decisive, or
delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive, or
requesting payment from the Customer after the Customer has submitted the order.

If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of 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 is deemed a rejection of the offer with the result that the Customer is no longer bound by his or her declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment processing takes place via the payment service provider PayPal (Europe) Société à Responsabilité Limitée et Cie, Société en Commandite par Actions, Twenty-Two to Twenty-Four Boulevard Royal, L-Two Four Four Nine Luxembourg (hereinafter “PayPal”), under application of the PayPal terms of use, which can be viewed at
https://www.paypal.com/de/webapps/mpp/ua/useragreement-full
or, if the Customer does not have a PayPal account, under application of the terms and conditions for payments without a PayPal account, which can be viewed 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 order process, the Seller hereby declares acceptance of the Customer’s offer at the time when the Customer clicks the button concluding the order process.

2.5 If the “Amazon Payments” payment method is selected, payment processing is carried out via the payment service provider Amazon Payments Europe société en commandite par actions, Thirty-Eight Avenue John F. Kennedy, L-One Eight Five Five Luxembourg (hereinafter “Amazon”), under application of the Amazon Payments Europe User Agreement, which can be viewed at
https://payments.amazon.de/help/201751590.
If the Customer selects “Amazon Payments” as a payment method within the online order process, he or she issues a payment order to Amazon by clicking the button concluding the order process at the same time. In this case, the Seller hereby declares acceptance of the Customer’s offer at the time when the Customer initiates the payment process by clicking the button concluding the order process.

2.6 When submitting an offer via the Seller’s online order form, the text of the contract is stored by the Seller after the contract has been concluded and sent to the Customer in text form (for example electronic mail, telefax or letter) after the Customer has sent his or her order. The Seller does not make the text of the contract accessible beyond this.

2.7 Before placing a binding order via the Seller’s online order form, the Customer can detect possible input errors by carefully reading the information displayed on the screen. A useful technical tool for better detection of input errors can be the zoom function of the browser, which enlarges the display on the screen. During the electronic ordering process, the Customer can correct his or her entries using the usual keyboard and mouse functions until he or she clicks the button concluding the order process.

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

2.9 Order processing and contact usually take place by electronic mail and automated order processing. The Customer must ensure that the electronic mail address provided by him or her for order processing is correct so that messages sent by the Seller can be received at this address. In particular, when using spam filters, the Customer must ensure that all electronic mails sent by the Seller or by third parties commissioned by the Seller 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 the Seller’s instructions on withdrawal.

4. Prices and Terms of Payment

4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices which include statutory value added tax. Any additional delivery and shipping costs that may be incurred are stated separately in the respective product description.

4.2 The payment options are communicated to the Customer in the Seller’s online shop.

4.3 If the “SOFORT” payment method is selected, payment processing is carried out via the payment service provider SOFORT GmbH, Theresienhöhe Twelve, Eight Zero Three Three Nine Munich, Germany (hereinafter “SOFORT”). To be able to pay the invoice amount via “SOFORT,” the Customer must have an online banking account activated for participation in “SOFORT,” authenticate himself or herself accordingly during the payment process and confirm the payment instruction to “SOFORT.” The payment transaction is then carried out immediately by “SOFORT,” and the Customer’s bank account is debited. The Customer can obtain further information about the “SOFORT” payment method on the internet at
https://www.klarna.com/sofort/

4.4 If one of the payment methods offered via the “Shopify Payments” payment service is selected, payment processing is carried out via the payment service provider Stripe Payments Europe Limited, One 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 purpose of processing payments, Stripe may use other payment services for which special payment conditions may apply, to which the Customer may be separately referred. Further information on “Shopify Payments” can be found on the internet at
https://www.shopify.com/legal/terms-payments-de

4.5 If a payment method offered via the “Klarna” payment service is selected, payment processing is carried out via Klarna Bank Aktiebolag (publ), Sveavägen Forty-Six, One Hundred Eleven Thirty-Four Stockholm, Sweden (hereinafter “Klarna”). Further information and the terms and conditions of Klarna can be found in the Seller’s payment information, which can be viewed at the following internet address:

https://xn--die-schnppchen-welt-nwb.de/pages/datenschutz

5. Delivery and Shipping Conditions

5.1 If the Seller offers shipping of the goods, delivery shall take place within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. For the processing of the transaction, the delivery address provided 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 for the initial shipment if the Customer effectively exercises his or her right of withdrawal. With regard to the return costs, in the event of effective exercise of the right of withdrawal by the Customer, the provisions of the Seller’s instructions on withdrawal apply.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the item to the freight forwarder, carrier or other person or institution designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes to the Customer or a person authorised to receive the goods only upon handover of the goods. In deviation from this, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer already at the time of delivery of the item to the freight forwarder, carrier or other person or institution designated to carry out the shipment, if the Customer has instructed the freight forwarder, carrier or other person or institution designated to carry out the shipment and the Seller has not previously named this person or institution to the Customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only in the event that the non-delivery is not attributable to the Seller and the Seller has concluded a specific hedging transaction with the supplier with due care. The Seller will make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer will be informed without delay and the consideration will be refunded without delay.

5.5 Self-collection is not possible for logistical reasons.

6. Retention of Title

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

7. Liability for Defects (Warranty)

7.1 Unless otherwise stated in the following provisions, the statutory provisions on liability for defects apply. Deviating from this, in contracts for the delivery of goods, the following applies:

7.2 If the Customer acts as an entrepreneur,

the Seller has the right to choose the type of subsequent performance;
in the case of new goods, the limitation period for defects is one year from delivery of the goods;
in the case of used goods, rights and claims based on defects are excluded;
the limitation period does not begin anew if a replacement delivery is made within the scope of liability for defects.

7.3 The limitations of liability and shortened limitation periods regulated above do not apply

to claims for damages and reimbursement of expenses by the Customer,
in the event that the Seller has fraudulently concealed the defect,
to goods which, in accordance with their usual use, have been used for a building and have caused its defectiveness,
to any existing obligation of the Seller to provide updates for digital products in contracts for the supply of goods with digital elements.

7.4 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.5 If the Customer acts as a merchant within the meaning of Section 1 of the German Commercial Code, he or she is subject to the commercial duty to examine and give notice of defects in accordance with Section 377 of the German Commercial Code. If the Customer fails to comply with the notification obligations stipulated there, the goods shall be deemed approved.

7.6 If the Customer acts as a consumer, he or she is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the Seller thereof. Failure by the Customer to comply with this has no effect on his or her statutory or contractual claims based on defects.

8. Redemption of Promotional Vouchers

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

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

8.3 Promotional Vouchers can only be redeemed before completion of the order process. Subsequent offsetting is not possible.

8.4 Several Promotional Vouchers may also be redeemed for one order.

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

8.6 If the value of the Promotional Voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.

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

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

8.9 The Promotional Voucher is transferable. The Seller may perform with discharging effect to the person 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 lack of authorisation, lack of legal capacity or lack of power of representation of the respective holder.

9. Applicable Law

For all legal relationships between the parties, the law of the Federal Republic of Germany shall apply to the exclusion of the laws on the international sale of movable goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.