§ 1 Scope
1.1 These General Terms and Conditions (hereinafter “Terms”) of Singh/Muric GbR (hereinafter “Seller”) apply to all contracts for the delivery of goods that a consumer or business (hereinafter “Customer”) concludes with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer’s own terms is hereby objected to, unless otherwise agreed.
1.2 A consumer within the meaning of these Terms is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.
1.3 A business within the meaning of these Terms is a natural or legal person or a partnership with legal capacity that, when concluding a legal transaction, acts in the exercise of its trade, business or profession.
§ 2 Conclusion of contract
2.1 The product descriptions in the Seller’s online shop do not constitute binding offers by the Seller, but serve to allow 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. Having placed the selected goods in the virtual cart and completed the electronic ordering process, the Customer submits a legally binding offer to contract regarding the goods in the cart by clicking the button that completes the order.
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 (fax or email), in which case the receipt of the order confirmation by the Customer is decisive, or
- by delivering the ordered goods to the Customer, in which case the receipt of the goods by the Customer is decisive, or
- by requesting payment from the Customer after the Customer has placed the order.
If several of the above alternatives apply, the contract is concluded at the moment when one of the above alternatives first occurs. The period for accepting the offer begins on the day after the Customer sends the offer and ends at the end 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 their declaration of intent.
2.4 If a payment method offered by PayPal is selected, payment is processed 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, available at paypal.com/de/…/useragreement-full. If the Customer pays using a PayPal payment method selectable during the online ordering process, the Seller hereby declares acceptance of the Customer’s offer at the moment the Customer clicks the button that completes the order.
2.5 When an offer is submitted via the Seller’s online order form, the contract text is stored by the Seller after the contract is concluded and sent to the Customer in text form (e.g. email) after the order is sent. If the Customer set up a user account in the Seller’s online shop before sending the order, the order data is archived on the Seller’s website and can be accessed by the Customer free of charge via their password-protected user account.
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 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 completes the order.
2.7 The German language is available for concluding the contract.
2.8 Order processing and contact usually take place by email and automated order processing. The Customer must ensure that the email address provided for order processing is correct so that emails sent by the Seller can be received at this address. In particular, when using spam filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller with order processing 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 withdrawal policy.
§ 4 Prices and payment terms
4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices including statutory VAT. Any additional delivery and shipping costs are stated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange-rate fees) or import duties or taxes (e.g. customs duties). Such costs relating to the transfer of money may also arise 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 option(s) will be communicated to the Customer in the Seller’s online shop.
4.4 If a payment method offered via the “Shopify Payments” payment service (including credit card, Apple Pay, Google Pay) is selected, payment is processed 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. Further information is available at shopify.com/legal/terms-payments-de.
4.5 If a payment method offered via the “Klarna” payment service is selected, payment is processed via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter “Klarna”). The individual payment methods offered via Klarna and further information will be communicated to the Customer in the Seller’s online shop.
§ 5 Delivery and shipping terms
5.1 If the Seller offers shipping of the goods, 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 Seller’s order processing is decisive.
5.2 If 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 outbound shipping if the Customer effectively exercises their right of withdrawal. For return shipping costs, where the right of withdrawal is effectively exercised, the provision set out in the Seller’s withdrawal policy applies.
5.3 If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes to the Customer only upon handover of the goods to the Customer or a person authorised to receive them. If the Customer acts as a business, the risk passes upon delivery of the goods to the forwarder, the carrier or the person or institution otherwise designated to carry out the shipment.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only if the non-delivery is not the Seller’s responsibility and the Seller has, with due care, concluded a specific hedging transaction with the supplier. In the event of unavailability or only partial availability of the goods, the Customer will be informed without delay and any consideration refunded without delay.
5.5 Collection in person is not possible for logistical reasons.
§ 6 Retention of title
If the Seller makes advance performance, it 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 provided in the following provisions, the statutory rules on liability for defects apply.
7.2 If the Customer acts as a business, the Seller chooses the type of subsequent performance; for new goods the limitation period for defects is one year from delivery of the goods; for used goods, rights and claims for defects are excluded; the limitation period does not start anew if a replacement delivery is made under the liability for defects.
7.3 The limitations of liability and shortened periods set out above do not apply to the Customer’s claims for damages and reimbursement of expenses, nor in the event that the Seller has fraudulently concealed the defect.
7.4 If the Customer acts as a consumer, they are asked to report delivered goods with obvious transport damage to the carrier and to notify the Seller of this. Failure to do so has no effect on the Customer’s statutory or contractual claims for defects.
§ 8 Applicable law
The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.
§ 9 Alternative dispute resolution
9.1 The EU Commission provides a platform for online dispute resolution at the following link: ec.europa.eu/consumers/odr. This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
9.2 The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.