General Terms and Conditions
General Terms and Conditions with Customer Information
Table of Contents
- Scope
- Conclusion of the Contract
- Right of Withdrawal
- Prices and Payment Conditions
- Delivery and Shipping Conditions
- Retention of Title
- Liability for Defects (Warranty)
- Redemption of Promotional Vouchers
- Redemption of Gift Vouchers
- Applicable Law
- Alternative Dispute Resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of Elvir Sofic, acting under "Elvir Sofic" (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods presented by the Seller in his online shop. The inclusion of the Customer's own conditions is hereby rejected, unless otherwise agreed.
1.2 These GTC apply accordingly to contracts for the delivery of vouchers, unless otherwise regulated.
1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that predominantly cannot be attributed to their commercial or independent professional activity.
1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a legally capable partnership that acts in the exercise of their commercial or independent professional activity when concluding a legal transaction.
2) Conclusion of the Contract
2.1 The product descriptions contained in the Seller's online shop do not represent binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.
2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. In doing so, the Customer, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, submits a legally binding contractual offer with respect to the goods contained in the shopping cart by clicking the button that concludes the ordering process.
2.3 The Seller can 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 the receipt of the order confirmation by the Customer is decisive, or
- by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
- by requesting the Customer to pay after placing the 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 the offer begins on the day after the sending of the offer by the Customer and ends with the expiration 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 considered a rejection of the offer with the consequence that the Customer is no longer bound by their declaration of intent.
2.4 When selecting a payment method offered by PayPal, the payment processing is carried out 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"), under 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 - under the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer selects a payment method offered by PayPal during the online ordering process, the Seller declares the acceptance of the Customer's offer at the time when the Customer clicks the button that concludes the ordering process.
2.5 When selecting the payment method "Amazon Payments", the payment processing is carried out via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter "Amazon"), under 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 declares the acceptance of the Customer's offer at the time when the Customer triggers the payment process by clicking the button that concludes the ordering process.
2.6 When submitting an offer via the Seller's online order form, the contract text 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 Customer has submitted their order. The contract text is not made accessible to the Customer beyond this.
2.7 Before submitting a binding 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 for better recognition of input errors can be the enlargement function of the browser, with 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 For the conclusion of the contract, the German language is available.
2.9 Order processing and contacting usually take place via email and automated order processing. The Customer must ensure that the email address provided by them for order processing is correct so that emails sent by the Seller can be received at this address. In particular, the Customer must ensure that the use of SPAM filters allows all emails sent by the Seller or by third parties commissioned by the Seller to process the order to 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 withdrawal policy.
4) Prices and Payment Conditions
4.1 Unless otherwise stated in the Seller's product description, the prices indicated are total prices that include the statutory value-added tax. Any additional delivery and shipping costs are specified 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 prepayment by bank transfer is agreed, payment is due immediately after the conclusion of the contract, unless the parties have agreed on a later due date.
4.4 When selecting a payment method offered via the "PayPal" payment service, payment processing is carried out via PayPal, which may use the services of third-party payment service providers. If the Seller also offers payment methods via PayPal where they advance the payment to the Customer (e.g., purchase on account or installment payment), they assign their payment claim to PayPal or the third-party payment service provider commissioned by PayPal and specifically named to the Customer. Before accepting the Seller's declaration of assignment, PayPal or the third-party payment service provider commissioned by PayPal carries out a credit check using the transmitted Customer data. The Seller reserves the right to refuse the Customer the selected payment method in the event of a negative check result. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or intervals. In this case, they can only make payments to PayPal or the third-party payment service provider commissioned by PayPal with a debt-discharging effect. However, the Seller remains responsible for general Customer inquiries, e.g., about the goods, delivery time, shipping, returns, complaints, withdrawal declarations, and returns or credits.
4.5 When selecting the payment method "SOFORT", payment processing is carried out via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). To pay the invoice amount via "SOFORT", the Customer must have an online banking account that is activated for participation in "SOFORT", identify themselves accordingly during the payment process, and confirm the payment instruction to "SOFORT". The payment transaction is carried out immediately afterward by "SOFORT", and the Customer's bank account is charged. Further information about the payment method "SOFORT" can be found on the internet at https://www.klarna.com/sofort/.
4.6 When selecting a payment method offered via "Shopify Payments", payment processing is carried out 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. To process payments, Stripe may use other payment services, for which special payment conditions may apply, which will be pointed out to the Customer separately if applicable. Further information on "Shopify Payments" can be found on the internet at https://www.shopify.com/legal/terms-payments-de.
5) Delivery and Shipping Conditions
5.1 If the Seller offers to ship the goods, delivery is made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified in the Seller's order processing is decisive for the processing of the transaction.
5.2 If the delivery of the goods fails for reasons for which the Customer is responsible, the Customer bears the reasonable costs incurred by the Seller as a result. This does not apply to the costs of the initial shipment if the Customer effectively exercises their right of withdrawal. For the return costs, the regulations in the Seller's withdrawal policy apply in the event of an effective exercise of the right of withdrawal by the Customer.
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 carrier, freight forwarder, or person or institution otherwise responsible for carrying 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 authorized to receive the goods only when the goods are handed over to the Customer. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer as soon as the Seller has delivered the item to the carrier, freight forwarder, or person or institution otherwise responsible for carrying out the shipment, if the Customer has independently commissioned the carrier, freight forwarder, or person or institution otherwise responsible for carrying 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-delivery. This applies only if the Seller is not responsible for the non-delivery and the Seller has concluded a specific covering transaction with the supplier with due diligence. The Seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer will be informed immediately, and the consideration will be reimbursed immediately.
5.5 Self-collection is not possible for logistical reasons.
5.6 Vouchers are provided to the Customer as follows:
- by download
- by email
- by post
6) Retention of Title
If the Seller makes advance performance, he retains ownership of the delivered goods until full payment of the purchase price owed.
7) Liability for Defects (Warranty)
7.1 If the purchased item is defective, the provisions of statutory liability for defects apply.
7.2 Deviating from this, the following applies to used goods: Claims for defects are excluded if the defect occurs only one year after the delivery of the goods. Defects that occur within one year of delivery of the goods can be claimed within the statutory limitation period. However, the reduction of the limitation period to one year does not apply
- for things that have been used for a building in accordance with their usual use and have caused its defectiveness,
- for claims for damages and reimbursement of expenses of the Customer, as well as
- in the event that the Seller has fraudulently concealed the defect.
7.3 The Customer is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the Seller thereof. If the Customer does not comply with this, this has no effect on their legal or contractual claims for defects.
8) Redemption of Promotional Vouchers
8.1 Vouchers that are issued by the Seller free of charge as part of promotions with a specific validity period and that 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, provided a corresponding restriction results from the content of the Promotional Voucher.
8.3 Promotional Vouchers can only be redeemed before the completion of the ordering process. Subsequent offsetting is not possible.
8.4 Only one Promotional Voucher can be redeemed per order.
8.5 The value of the goods must at least equal 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 remaining payment methods offered by the Seller can be chosen to settle the difference.
8.7 The credit of a Promotional Voucher is neither paid out in cash nor bears 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 their statutory right of withdrawal.
8.9 The Promotional Voucher is transferable. The Seller can perform with discharging effect to the respective owner 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 ineligibility, legal incapacity, or lack of representative authority of the respective owner.
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 in the Voucher.
9.2 Gift Vouchers and remaining credits of Gift Vouchers are redeemable until the end of the third year following the year of the Voucher purchase. Remaining credits will be credited to the Customer by the expiry date.
9.3 Gift Vouchers can only be redeemed before the completion of the ordering process. 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 additional Gift Vouchers.
9.6 If the value of the Gift Voucher is insufficient to cover the order, one of the remaining payment methods offered by the Seller can be chosen to settle the difference.
9.7 The credit of a Gift Voucher is neither paid out in cash nor bears interest.
9.8 The Gift Voucher is transferable. The Seller can perform with discharging effect to the respective owner 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 ineligibility, legal incapacity, or lack of representative authority of the respective owner.
10) Applicable Law
10.1 For all legal relationships between the parties, the law of the Federal Republic of Germany applies, excluding the laws on the international purchase of movable goods. For consumers, this choice of law applies only insofar as the granted protection is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.
10.2 Furthermore, this choice of law does not apply with regard to the statutory right of withdrawal of consumers who do not belong to a member state of the European Union at the time of conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of conclusion of the contract.
11) Alternative Dispute Resolution
11.1 The EU Commission provides a platform for online dispute resolution under the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of entry for out-of-court settlement of disputes arising from online sales or service contracts involving a consumer.
11.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
