AGB
General terms and conditions
Scope
The following General Terms and Conditions (GTC) apply to all orders placed via our online store by consumers and entrepreneurs. A consumer is any person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.
An entrepreneur 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. These GTC shall also apply in relation to other entrepreneurs for future business relations without us having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them.
1. seller, inclusion of the general terms and conditions by reference
(1) Seller and contractual partner for the goods offered in the online store www.shop.ipektchi.com is IPEK A. Ipektchi GmbH & Co. KG at Borsteler Chaussee 85, House 21, 22453 Hamburg, Germany. (hereinafter referred to as "Seller" for short).
(2) These General Terms and Conditions are an integral part of any contractual agreement between the Seller and the respective Customer. The Seller hereby objects to any terms and conditions established by the Customer that are in conflict with these General Terms and Conditions.
2 Offer of goods and conclusion of contract
(1) The Seller offers the items presented in the online store for sale. The colors of the items presented on the website may vary slightly depending on the customer's internet browser and monitor settings; these deviations are technically unavoidable.
a. In addition, the Seller offers unique and handmade products. Irregularities in color or crooked parts are product-related and cannot be claimed as defective.
(2) The selection of the goods, the conclusion of the contract and the performance of the contract shall be in English.
(3) The Seller delivers the goods to destinations within the EU.
(4) The Customer selects the desired goods by placing them in the "shopping cart" by clicking on the button "ADD TO CART" and continues his purchase or by clicking on the button "TO CHECKOUT" to finish the selection of the goods.
(5) Within the shopping cart, the customer can alternatively click the button "Checkout with PayPal". This will redirect the customer to the website of the payment service of PayPal S.a.r.l., where he can log into his account. After logging in, the Customer is redirected to the website of the Provider, which automatically uses the Customer's name and address from the Customer's PayPal account for the order.
(6) The order is finally transmitted to the Vendor by clicking the "Complete Order" button. Until the order is transmitted to the Seller, the Customer has the option at any time to check or change the data entered by the Customer during the order process or to cancel the order altogether.
(7) By sending the order via the button "Complete Order", the Seller makes a binding offer to purchase the goods presented in his store, which the Customer accepts. The seller confirms the conclusion of the contract by e-mail (contract confirmation).
(8) The content of the concluded contracts is stored by the Seller and sent to the Customer with the contract confirmation. Beyond that, no further storage of the content of the contract takes place. The Customer is recommended to save the e-mails of the Seller containing the offer and the contract confirmation for his own documentation purposes and/or to print a copy of them.
(9) The Seller shall inform the Customer by e-mail of any obstacles to delivery or other circumstances that may prevent the performance of the contract.
3. Prices and payment
(1) All product prices are end prices plus shipping costs. All prices include turnover tax in the amount of 19
(2) The shipping costs and types of shipping are listed on the website in on page calles “Shipping & Return”
(3) Where deliveries are made to countries outside the European Union customs or acquisition tax for imported goods may have to be paid by the customer to the customs authorities upon receipt of the shipment. These duties will accrue in addition to the purchase price and the shipping costs; the Vendor has no means of influencing them.
(4) At the selection of the customer, the Vendor shall deliver the merchandise against pre-payment (by bank transfer or using PayPal) under the following conditions:
(a) Where the customer has selected pre-payment by “Banktransfer” as the form of payment, the Vendor’s bank account details will be provided in the contract confirmation. Exclusively SEPA transfers denominated in Euros shall be accepted for bank transfers from abroad. Any bank transfer has to be free of charge for the Vendor.
(b) For PayPal payments, the customer will be forwarded to the website of the PayPal S.a.r.l., from where payment can be made by entering the customer‘s PayPal details.
(5) For payments using a gift voucher code, the customer may enter a voucher code when placing the order. The voucher value will be credited to the vendor, and in this way the invoice amount will have been paid for. If a voucher value is higher than the invoice amount, the customer will receive a new voucher in the amount of the excess amount to the address specified in the order by e-mail. The credit out of vouche will neither be paid out in cash nore will it bear interest. A voucher is transferable. The customer can only use one gift voucher per purchase. A subsequent offsetting is not possible. Further conditions are defined on the voucher.
(6) As far as there are listed additional payment methods in the product description's „Payment & Shipping“ section (e.g. credit card, Sofortüberweisung, iDEAL, EPS) those payments will be handled by the payment services provider Mangopay (Wirecard UK & Ireland Ltd., 1st Floor Ulysses House, Foley Street Dublin 1, Ireland
(7) For orders subject to pre-payment, a payment period of one week from the contract confirmation shall apply. For the term of the payment period, the Vendor shall reserve the merchandise so ordered for the customer. It is incumbent on the customer to effect payment in such timely manner that the Vendor receives it within the payment period. The Vendor reserves the right to rescind the sale contract and to sell the merchandise to others should the payment not be received by the end of the payment period. Any payment received from the customer following the rescission of the contract shall be reimbursed to the customer.
4 Shipping, delivery times
(1) The seller delivers the goods within the time specified in the item description after receipt of payment.
(2) For shipping within Germany, a period of 3-5 business days is calculated for delivery.
(3) For deliveries abroad, a period of 7-18 working days, depending on the destination, is added to the respective domestic delivery time. Shipping and returns to Austria, Switzerland and Germany are free of charge. The prices for shipping to all other European countries are listed on the page "Shipping & Returns".
(4) If the Customer's order contains more than one Product, all Products shall be delivered in a single shipment; the longest stated delivery time for each of the included Products shall apply to such shipment. If the Customer wishes a Product to be delivered separately in a shorter time, the Customer may place a separate order for that Product.
(5) If a delivery cannot be made because the customer has provided an incorrect or incomplete delivery address, a new delivery attempt will only be made if the customer agrees to bear the costs of resending the goods. The return shipping costs correspond to the shipping costs agreed upon at the conclusion of the contract.
5. right of withdrawal for consumers
(1) A customer who buys as a consumer is entitled to a right of withdrawal in accordance with the legal requirements. A consumer is any natural person who enters into a legal transaction for a purpose that can predominantly be attributed neither to his commercial nor to his independent professional activity.
(2) The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive, as well as to contracts for the delivery of goods that are obviously tailored to the personal needs of the customer.
(3) The Seller shall grant a consumer with permanent residence outside Germany a 14-day withdrawal period even in cases where the national law applicable to the consumer provides for a shorter period.
(4) The Seller shall bear the costs of returning the goods.
(5) The Seller shall enable any consumer with permanent residence outside Germany to send an informal notice of cancellation even in cases where the national law applicable to the consumer provides for stricter requirements as to form.
(6) The requirements and legal consequences of the German provisions on the consumer's right of withdrawal shall also apply to consumers with permanent residence outside the European Union in cases where the law there does not provide for a right of withdrawal.
6 Warranty, liability for defects All warranty claims (liability for defects) of the customer shall be governed by the statutory provisions.
7. notes on data protection All information on the General Data Protection Regulation can be found here: www.shop.ipektchi.com. 8. final provisions
(1) The law of the Federal Republic of Germany shall apply to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (UNCISG). However, in the case of transactions with consumers who have their permanent residence abroad, German law shall not apply insofar as the national law applicable to these consumers provides for provisions which cannot be waived to the detriment of the consumers.
(2) Insofar as the Customer is a merchant, a legal entity under public law or a special fund under public law, the parties to the purchase contract agree on the exclusive jurisdiction of the courts at the registered office of the Seller in Berlin (Germany) and on the registered office of the Seller as the place of performance of its contractual obligations.
(3) Should individual provisions of these General Terms and Conditions prove to be invalid or unenforceable, this shall not affect the validity of the remaining provisions.