General terms and conditions with customer information

General terms and conditions with customer information
Table of contents

  1. Scope
  2. Conclusion of contract
  3. Right of withdrawal
  4. Prices and payment terms
  5. Delivery and shipping conditions
  6. Retention of title
  7. Liability for defects (warranty)
  8. Redeeming promotional vouchers
  9. Redeeming gift vouchers
  10. Applicable law
  11. Alternative Dispute Resolution

1) Scope
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Mohamad Nasser Azizi, trading as "Azizillc" (hereinafter referred to as "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller regarding the goods presented in the online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 These General Terms and Conditions shall apply accordingly to contracts for the delivery of vouchers, unless otherwise specified.
1.3 For the purposes of these General Terms and Conditions, a consumer is any natural person who enters into a legal contract for purposes that are predominantly not attributable to their commercial or independent professional activity.
1.4 For the purposes of these General Terms and Conditions, 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 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 a binding offer by the seller, but serve as an invitation to the customer to submit a binding offer.

2.2 The customer can submit the offer via the online order form integrated into the seller's online shop. After the customer has placed the selected goods in the virtual shopping cart and completed the electronic ordering process, the customer submits a legally binding offer to purchase the goods contained in the shopping cart by clicking the button that completes the ordering process.

2.3 The seller may accept the customer's offer within five days,

  • by sending the customer a written confirmation of the order or a confirmation of the order 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, or
  • by requesting payment from the customer after the order has been placed.
    If several of the aforementioned alternatives occur, the contract is concluded at the point in time when the first of the aforementioned alternatives occurs. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day after the offer was sent. 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 If the customer selects a payment method offered by PayPal, payment processing is handled by the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), in accordance with 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 – in accordance with the terms for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full . If the customer selects a PayPal payment method that can be chosen during the online ordering process, the seller declares acceptance of the customer's offer at the moment the customer clicks the button that completes the order process.

2.5 If the customer selects the payment method "Amazon Payments," payment processing is handled by the payment service provider Amazon Payments Europe sca, 38 Avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), in accordance with the Amazon Payments Europe Terms of Use, which can be viewed 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 completes the order process. In this case, the seller declares acceptance of the customer's offer at the time the customer initiates the payment process by clicking the button that completes the order process.

2.6 When an offer is submitted via the seller's online order form, the contract text will be stored by the seller after conclusion of the contract and sent to the customer in text form (e.g., email, fax, or letter) after the order has been placed. The seller will not make the contract text available beyond this.

2.7 Before finally submitting the order via the seller's online order form, the customer can identify any input errors by carefully reading the information displayed on the screen. An effective technical aid for better identifying input errors is the browser's zoom function, which enlarges the screen display. During the electronic ordering process, the customer can correct their entries using standard keyboard and mouse functions until they click the button that completes the order process.
2.8 The German language is available for concluding the contract.

2.9 Order processing and communication normally take place via 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 to that address can be received. 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 to process the order can 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 cancellation policy.

4) Prices and payment terms
4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices and include statutory VAT. Any additional delivery and shipping costs will be stated separately in the respective product description.

4.2 The payment options will be communicated to the customer in the seller's online shop.

4.3 If payment in advance (bank transfer) has been agreed, the purchase price is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.4 If the customer selects a payment method offered via the "PayPal" payment service, the payment will be processed via PayPal, although PayPal may also use the services of third-party providers for this purpose. If the seller also offers payment methods via PayPal where they make advance payments to the customer (e.g., purchase on account or installment payment), they assign their payment claim to PayPal or to the payment service provider commissioned by PayPal and named to the customer. Before accepting the seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal will conduct a credit check based on the customer data provided. The seller reserves the right to refuse the customer the selected payment method in the event of a negative credit check result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, payments can only be made with discharging effect to PayPal or the payment service provider commissioned by PayPal. Even in the case of assignment of claims, the seller remains the contact person for general customer inquiries, e.g. regarding the goods, delivery times, shipping, returns, complaints, cancellations and vouchers or credit notes.

4.5 If the customer selects the payment method "SOFORT", payment processing is handled by 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 then carried out immediately by "SOFORT", and the customer's bank account is debited. Further information on the "SOFORT" payment method can be found online at https://www.klarna.com/sofort/ .

4.6 If the customer selects a payment method offered via the "Shopify Payments" service, payment processing is handled by 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 within Shopify Payments are displayed to the customer in the seller's online shop. Stripe may use other payment services for processing payments, which may be subject to separate terms and conditions. The customer may be informed of these terms separately. Further information on "Shopify Payments" is available online at https://www.shopify.com/legal/terms-payments-de .

4.7 If the customer selects the credit card payment method via Stripe, the invoice amount is due immediately upon conclusion of the contract. Payment processing is handled by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). Stripe reserves the right to conduct a credit check and to refuse this payment method if the credit check is negative.

5) Delivery and shipping conditions
5.1 If the seller offers shipping of the goods, delivery will be 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 process is decisive for processing the order.

5.2 If delivery of the goods fails for reasons attributable to the customer, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to shipping costs if the customer effectively exercises their right of withdrawal. If the customer effectively exercises their right of withdrawal, the return shipping costs shall be governed by the provisions set out in the seller's cancellation policy.

5.3 If the customer is acting as a business, the risk of accidental loss or damage to the goods sold passes to the customer as soon as the seller has handed the goods over to the carrier, transporter, or other person or institution designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss or damage to the goods sold generally only passes to the customer upon delivery of the goods to the customer or a person authorized to receive them. Notwithstanding the foregoing, the risk of accidental loss or damage to the goods sold also passes to the customer in the case of consumers as soon as the seller hands over the goods to the carrier, transporter, or other person or institution designated to carry out the shipment, if the customer has commissioned the carrier, transporter, or other person or institution designated to carry out the shipment and the seller has not previously informed the customer of this person or institution.

5.4 The seller reserves the right to withdraw from the contract in the event of a defective or insufficient delivery. This applies only if the non-delivery is not the seller's responsibility and the seller has concluded a specific cover agreement with the supplier with due diligence. The seller will make every reasonable effort to procure the goods. In the event that goods are unavailable or only partially available, the customer will be informed immediately and the payment will be refunded promptly.

5.5 Self-collection is not possible for logistical reasons.

6) Retention of title
If the seller makes advance payments, he retains ownership of the delivered goods until the purchase price has been paid in full.

7) Liability for defects (warranty)

Unless otherwise stated in the following provisions, the statutory provisions regarding liability for defects apply. By way of derogation, the following regulations apply to contracts for the delivery of goods:

7.1 If the customer is acting as an entrepreneur, these regulations apply:

  • The seller has the choice of the type of remedy;
  • For new goods, the limitation period for defects is one year from the date of delivery;
  • For used goods, rights and claims due to defects are excluded;
  • The limitation period does not restart if a replacement delivery is made within the scope of liability for defects.

7.2 If the customer is acting as a consumer, contracts for the supply of used goods are subject to the following restriction: The limitation period for claims based on defects is one year from delivery of the goods, provided that this has been expressly and separately agreed between the parties and the customer has been specifically informed about the reduction of the limitation period before submitting his contractual declaration.

7.3 The aforementioned limitations of liability and time limits do not apply to claims for damages and reimbursement of expenses by the customer.

  • in the case of the seller's deliberate concealment of the defect,
  • for goods which, according to their normal use, were used in a building and have caused it to become defective,
  • for any obligation of the seller to provide updates for digital products in contracts for the supply of goods with digital elements.

7.4 Furthermore, the statutory limitation periods for any existing legal recourse claims remain unaffected for entrepreneurs.

7.5 If the customer is a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he is subject to the commercial obligation to inspect and give notice of defects pursuant to Section 377 of the HGB. If the customer fails to comply with this obligation to give notice of defects as stipulated therein, the goods are deemed to have been approved.

7.6 If the customer is acting as a consumer, they are requested to inform the supplier of any delivered goods with obvious transport damage and to notify the seller accordingly. Failure to do so will not affect the customer's statutory or contractual warranty rights.

8) Redeeming promotional vouchers
8.1 Vouchers issued free of charge by the seller as part of promotions with a specific validity period and which cannot be purchased by the customer (hereinafter referred to as "promotional vouchers") can only be redeemed in the seller's online shop and only during the specified period.

8.2 Individual products may be excluded from the voucher promotion if a corresponding restriction is stated in the content of the promotional voucher.

8.3 Promotional vouchers can only be redeemed before completing the order process. Subsequent crediting 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 value of the promotional voucher. Any remaining balance will not be refunded by the seller.

8.6 If the value of the promotional voucher is insufficient to cover the order, the customer may choose one of the other payment methods offered by the seller to pay the difference.

8.7 The credit balance of a promotional voucher will neither be paid out in cash nor accrue 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 for use only by the person named on it. Transfer of the promotional voucher to third parties is prohibited. The seller is entitled, but not obligated, to verify the voucher holder's eligibility.

9) Redemption of gift vouchers

9.1 Vouchers that can be purchased via the seller's online shop (hereinafter referred to as "gift vouchers") can only be redeemed in the seller's online shop, unless otherwise stated in the voucher.

9.2 Gift vouchers and any remaining balance on gift vouchers can be redeemed until the end of the third year following the year in which the voucher was purchased. The remaining balance will be credited to the customer until the expiry date.

9.3 Gift vouchers can only be redeemed before completing the order process. Subsequent crediting is not possible.
9.4 Only one gift voucher can be redeemed per order.

9.5 Gift vouchers can only be used to purchase goods and not to purchase additional gift vouchers.

9.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to pay the difference.
9.7 The balance of a gift voucher will neither be paid out in cash nor accrue interest.

9.8 The gift voucher is transferable. The seller may make payments with discharging effect to the respective holder who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge of, or grossly negligent ignorance of, the lack of entitlement, legal incapacity, or lack of power of representation of the respective holder.

10) Applicable Law

The laws of the Federal Republic of Germany shall apply to all legal relations between the parties, excluding the provisions governing the international sale of goods. For consumers, this choice of law applies only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the country in which they have their habitual residence.

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 point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.

11.2 The seller is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.