1) Scope of Application
1.1 These General Terms and Conditions (hereinafter the “T&Cs”) of Aegean Vibe, owner Sadik Demirkaya (hereinafter the “seller”), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter the “customer”) concludes with the seller with regard to the goods presented by the seller in its 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 T&Cs is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their self-employed professional activity. An entrepreneur within the meaning of these T&Cs is a natural or legal person or a partnership with legal capacity that, when concluding a legal transaction, acts in the exercise of its commercial or self-employed 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 for the submission of a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated into the seller’s online shop. In doing so, after having placed the selected goods in the virtual shopping basket and having gone through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping basket by clicking the button that completes the ordering process. Furthermore, the customer can also submit the offer to the seller by telephone, by email or via the online contact form.
2.3 The seller can 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 receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, in which case receipt of the goods by the customer is decisive, or
- by requesting the customer to pay after the customer has placed their order.
If several of the aforementioned alternatives apply, the contract is concluded at the point in time at which one of the aforementioned alternatives first occurs. The period for acceptance of 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 consequence that the customer is no longer bound by their declaration of intent.
2.4 When 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 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, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays by means of a payment method offered by PayPal that can be selected in the online ordering process, the seller hereby already declares acceptance of the customer’s offer at the point in time at which the customer clicks the button that completes the ordering process.
2.5 When an offer is submitted via the seller’s online order form, the contract text is stored by the seller after the conclusion of the contract and transmitted to the customer in text form (e.g. email, fax or letter) after the customer’s order has been sent. The seller does not make the contract text accessible beyond this. If the customer set up a user account in the seller’s online shop before sending their order, the order data is archived on the seller’s website and can be retrieved free of charge by the customer via their password-protected user account by entering the corresponding login data.
2.6 Before submitting the order bindingly 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 of better recognising input errors can be the magnification function of the browser, with the help of which the display on the screen is enlarged. 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 ordering process.
2.7 Only the English language is available for the conclusion of 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 by them for order processing is correct, so that the 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 in principle entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the seller’s instructions on withdrawal.
3.3 The right of withdrawal does not apply to consumers who, at the time of the conclusion of the contract, are not nationals of any Member State of the European Union and whose sole place of residence and delivery address at the time of the conclusion of the contract are outside the European Union.
4) Prices and Payment Terms
4.1 Unless the seller’s product description states otherwise, the prices stated are total prices that include statutory value added tax. Any additional delivery and shipping costs are stated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, further 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-related duties or taxes (e.g. customs duties). Such costs may also arise in relation to the transfer of money 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 advance payment by bank transfer has been agreed, payment is due immediately upon conclusion of the contract, unless the parties have agreed a later due date.
4.5 When a payment method offered via the payment service “Shopify Payments” 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 are communicated to the customer in the seller’s online shop. To process payments, Stripe may make use of further payment services, to which special payment terms may apply, and the customer may be notified of these separately where applicable. Further information on “Shopify Payments” is available on the internet at https://www.shopify.com/legal/terms-payments-de.
5) Delivery and Shipping Terms
5.1 Goods are delivered by shipping to the delivery address specified by the customer, unless otherwise agreed. For the processing of the transaction, the delivery address stated in the seller’s order processing is decisive. Notwithstanding this, when the payment method PayPal is selected, the delivery address that the customer had stored with PayPal at the time of payment 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 with regard to the costs of the outward shipment if the customer effectively exercises their right of withdrawal. For the costs of return, where the customer effectively exercises their right of withdrawal, the provision made in this regard in the seller’s instructions on withdrawal applies.
5.3 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 concluded a specific covering transaction with the supplier with due care. The seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed without undue delay and the consideration will be refunded without undue delay.
5.4 In the case of self-collection, the seller first informs the customer by email that the goods ordered by them are ready for collection. After receiving this email, the customer can collect the goods at the seller’s place of business by arrangement with the seller. In this case, no shipping costs are charged.
6) Retention of Title
If the seller performs in advance, it retains title to the delivered goods until full payment of the purchase price owed.
7) Liability for Defects (Warranty)
7.1 If the purchased item is defective, the provisions of statutory liability for defects apply.
7.2 If the customer acts as a consumer, they are requested to complain to the carrier about delivered goods with obvious transport damage and to inform the seller thereof. If the customer fails to do so, this has no effect whatsoever on their statutory or contractual claims for defects.
8) Applicable Law
8.1 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 to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.
8.2 Furthermore, this choice of law does not apply with regard to the statutory right of withdrawal in the case of consumers who, at the time of the conclusion of the contract, are not nationals of any Member State of the European Union and whose sole place of residence and delivery address at the time of the conclusion of the contract are outside the European Union.
9) 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 sovereign 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 its registered office outside the sovereign 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 arising 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 bring proceedings before the court at the customer’s registered office.
10) Alternative Dispute Resolution
10.1 The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
