General Terms and Conditions

01

scope

1.1 These General Terms and Conditions of Hamid Erol, acting under the name ‘Hamid Erol’ (hereinafter referred to as ‘Seller’), apply to all contracts concluded between a consumer or a trader (hereinafter referred to as ‘Customer’) and the Seller relating to all goods and/or services presented in the Seller’s online shop. This contradicts the inclusion of the customer's own conditions, unless otherwise agreed.

1.2 Consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor his independent professional activity.

1.3 Entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.

02

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 to make a binding offer by the Customer.

2.2 The customer can submit the offer via the online order form integrated into the online shop of the seller. After placing the selected goods in the virtual shopping cart and passing 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 on the button concluding the ordering process.

2.3 The seller can accept the offer of the customer within five days,

• by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), 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 in this respect, or
• by asking the customer to pay after placing his 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 acceptance of the offer begins on the day after the sending of the offer by the customer and ends with the expiry of the fifth day, which follows the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.

2.4 When submitting an offer via the seller’s online order form, the text of the contract is stored by the seller after the conclusion of the contract and transmitted to the customer in text form (e.g. e-mail, fax or letter) after sending his order. Any further making available of the contract text by the seller will not take place.

2.5 Before bindingly placing the order via the online order form of the seller, the customer can detect possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the magnification function of the browser, with the help of which the display on the screen is enlarged. As part of the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks on the button that completes the ordering process.

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

2.7 Order processing and contact usually take place by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct, so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller with the order processing can be delivered.

03

withdrawal

3.1 In principle, consumers have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller's cancellation policy.

04

Prices and terms of payment

4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices that include the statutory value added tax. If necessary, additional delivery and shipping costs will be specified separately in the respective product description.

4.2 The payment option(s) will be communicated to the customer in the online shop of the seller.

05

Terms and Conditions of Delivery and Shipping

5.1 If the seller offers to ship the goods, the delivery takes place within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing of the seller 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 dispatch if the customer effectively exercises his right of withdrawal. In the case of effective exercise of the right of withdrawal by the customer, the provisions set out in the Seller's cancellation policy shall apply to the return costs.

5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the seller has delivered the goods to the freight forwarder, the carrier or the 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 goods sold shall in principle not pass until the goods have been handed over to the customer or a person authorised to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold shall already pass to the customer for consumers as soon as the seller has delivered the goods to the forwarding agent, the carrier or the other person or institution designated to carry out the shipment, if the customer has commissioned the forwarding agent, the carrier or the other person or institution designated to carry out the shipment with the execution 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 only applies in the event that the non-delivery is not the responsibility of the seller and the seller has concluded a concrete hedging transaction with the supplier with due care. The seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.

5.5 Self-collection is not possible for logistical reasons.

06

Retention of title

If the seller makes advance payment, he reserves title to the delivered goods until full payment of the purchase price owed.

07

Liability for defects (warranty)

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

7.2 If the customer acts as an entrepreneur,

• the seller has the choice of the type of subsequent performance;
• in the case of new goods, the limitation period for defects shall be one year from delivery of the goods;
• for used goods, the rights and claims due to defects are excluded;
• the limitation period shall not begin again if a replacement delivery is made within the scope of the liability for defects.

7.3 The limitations of liability and shortened deadlines set out above do not apply

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

7.4 In addition, 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 § 1 of the German Commercial Code (HGB), he is subject to the commercial inspection and notification obligation pursuant to § 377 of the German Commercial Code (HGB). If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed to have been approved.

7.6 If the customer acts as a consumer, he is asked 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 his statutory or contractual claims for defects.

08

Applicable law

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the laws on the international purchase of movable goods. In the case of 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 habitual residence.

09

Alternative Dispute Resolution

9.1 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.