Table of Contents
- Scope
- Conclusion of Contract
- Right of Withdrawal
- Prices and Payment Terms
- Delivery and Shipping Conditions
- Retention of Title
- Liability for Defects (Warranty)
- Redemption of Promotional Vouchers
- Applicable Law
- Place of Jurisdiction
- Alternative Dispute Resolution
1 - Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of skribs, Emre Öztürk (hereinafter "Seller"), apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller regarding the goods presented by the Seller in their online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity. An 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 their commercial or independent professional activity.
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 the purpose of enabling the Customer to submit a binding offer.
2.2 The Customer may submit the offer via the online order form integrated into 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 regarding the goods contained in the shopping cart by clicking the button that finalizes the ordering process. Furthermore, the Customer may also submit the offer to the Seller by telephone or e-mail.
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 (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, or by requesting payment from the Customer after they have placed their order.
If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the offer is sent by the Customer and ends with the expiry of the fifth day following the dispatch 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 When selecting a payment method offered by PayPal, 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"), subject to 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 – subject to 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 ordering process, the Seller hereby declares their acceptance of the Customer’s offer at the moment the Customer clicks the button that finalizes the ordering process.
2.5 When submitting an offer via the Seller’s online order form, the contract text is stored by the Seller after the contract has been concluded and transmitted to the Customer in text form (e.g., e-mail, fax, or letter) after the Customer has sent their order. The Seller does not provide any further access to the contract text. 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 data.
2.6 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 for better identification of input errors can be the browser's zoom function, which enlarges the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that finalizes the ordering process.
2.7 The German language is exclusively available for the conclusion of the contract.
2.8 Order processing and communication usually take place via e-mail and automated order processing. The Customer must ensure that the e-mail address provided by them 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 to process the order can be delivered.
3 - Right of Withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller’s cancellation policy.
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 value-added tax. Any additional delivery and shipping costs incurred are stated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the Seller is not responsible and which must be borne by the Customer. These include, for example, costs for money transfers by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs regarding the money transfer may also be incurred 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 method(s) will be communicated to the Customer in the Seller’s online shop.
4.4 To pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, legitimize yourself with your access data, and confirm the payment instruction. The payment transaction will be carried out by PayPal immediately after the order is placed. You will receive further instructions during the ordering process.
PayPal may offer registered and selected PayPal customers further payment modalities in their customer account. However, we have no influence on the offering of these modalities; other individually offered payment modalities concern your legal relationship with PayPal. Further information on this can be found in your PayPal account.
4.5 If a payment method offered via the payment service Shopify Payments (credit card) is selected, 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 will be communicated to the Customer in the Seller’s online shop. To process payments, Stripe may use other payment services for which special payment terms may apply, which the Customer may be informed of separately. Further information on "Shopify Payments" is available on the Internet at https://www.shopify.com/legal/terms-payments-de. During the ordering process, you provide your credit card details. Your card will be charged immediately after the order is placed.
4.6 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 for this can be found in the Seller's payment information, which can be viewed at the following internet address: https://www.klarna.com/de/kundenservice/wie-funktioniert-der-kauf-auf-rechnung-mit-klarna/
4.7 If you choose to pay with Google Pay, payment processing is carried out via the service Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland ("Google"). To use this, you need a Google account, the Google Pay app, and a payment method stored there. After selecting Google Pay in the ordering process, you will be redirected for authentication. Your stored payment method (e.g., credit card or bank card) will be charged immediately after the order is finalized. Any refunds in the event of withdrawal, cancellation, or complaints will be credited back to the payment method stored in Google Pay.
4.8 When selecting Apple Pay as a payment method, payment processing is carried out via the service of Apple Distribution International Ltd., Hollyhill Industrial Estate, Hollyhill, Cork, Ireland ("Apple"). To use Apple Pay, you need a compatible device, the Apple Wallet app, and a payment method stored there. After confirming the payment in Apple Pay (e.g., via Face ID, Touch ID, or device passcode), the stored payment method is charged immediately. Refunds in the event of withdrawal, cancellation, or complaints are automatically credited to the same payment method that was used in Apple Pay.
5 - Delivery and Shipping Conditions
5.1 Goods are delivered via shipping to the delivery address specified by the Customer, unless otherwise agreed. The delivery address specified in the Seller’s order processing is decisive for the execution of the transaction. Notwithstanding this, if the PayPal payment method is selected, the delivery address stored by the Customer with PayPal at the time of payment is decisive.
5.2 If the 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 to the costs for the outward shipment if the Customer effectively exercises their right of withdrawal. For return costs, the provision made in the Seller’s cancellation policy applies if the Customer effectively exercises their right of withdrawal.
5.3 Personal pickup is not possible for logistical reasons.
6 - Retention of Title
If the Seller makes an advance payment, they reserve title to the delivered goods until the owed purchase price 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 shall apply.
7.2 Notwithstanding this, for used goods: claims for defects are excluded if the defect only occurs after one year from the delivery of the goods. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period. The shortening of the liability period to one year does not apply to items that have been used for a building in accordance with their customary 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 report delivered goods with obvious transport damage to the carrier and to inform the Seller of this. Failure to do so has no effect on the Customer's statutory or contractual claims for defects.
8 - Redemption of Promotional Vouchers
8.1 Vouchers that are 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 campaign if a corresponding restriction results from the content of the Promotional Voucher.
8.3 Promotional Vouchers can only be redeemed before the order 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 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 can 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 their statutory right of withdrawal.
8.9 The Promotional Voucher is intended only for use by the person named on it. A transfer of the Promotional Voucher to third parties is excluded. The Seller is entitled, but not obliged, to verify the material eligibility of the respective voucher holder.
9 - Applicable Law
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws on the international sale of movable goods. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has their habitual residence.
10 - Place of Jurisdiction
If the Customer acts as a merchant, a legal entity under public law, or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the Seller's place of business. If the Customer has their registered office outside the territory of the Federal Republic of Germany, the Seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims from the contract can be attributed to the Customer's professional or commercial activity. In the aforementioned cases, however, the Seller is in any case entitled to appeal to the court at the Customer's place of business.
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 contact point for the out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved.
11.2 The Seller is not obliged to participate in a dispute resolution procedure before a consumer arbitration board, but is willing to do so.
