Terms of service
General terms and conditions with customer information
1. Scope, definitions and subject matter of the contract
1.1 The following General Terms and Conditions (hereinafter referred to as "GTC") apply for all business relationships between the
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represented by Managing Director Aysel Tasdelen
Email: haccrafts@gmail.com
Internet: https://haccraftsdesigns.com
Headquarters: Cologne
(hereinafter referred to as "Seller") and the customer (hereinafter referred to as "Buyer",
collectively “Parties”) of Seller.
1.2. These terms and conditions apply exclusively if the buyer is a consumer. A consumer is according to § 13 BGB any natural person who enters into a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their self-employed professional activity. In contrast, an entrepreneur according to Section 14 of the German Civil Code is a natural or legal person or similar a partnership with legal capacity, which, when concluding a legal transaction, acts in exercise of its commercial or self-employed professional activity.
1.3. These GTC apply in particular to contracts for the sale and/or delivery of movable property ("goods “) which the buyer concludes with regard to the goods offered by the seller in his online shop.
2. Conclusion of contract
2.1. The presentation and advertising of the goods in the online shop of the seller does not constitute a binding offer on the part of the seller of saleers to conclude a purchase contract, but serve to submit a binding offer for the conclusion of a purchase contract by the buyer.
2.2. The time at which the contract is concluded between the parties depends on the payment method selected by the buyer .
2.2.1. When selecting the "PayPal" payment method, the payment is processed via the Payment service provider PayPal (Europe) S.à rl et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full . During the ordering process, the buyer is redirected from the seller's online shop to the PayPal website. After entering his payment data and selecting the desired payment method, the buyer also confirms a payment order to PayPal by clicking the button that concludes the order process. After confirming the payment order, the seller requests PayPal to initiate the payment transaction and accepts the buyer's offer if the button that completes the order process is clicked.
2.3. The seller saves the contract terms including the terms and conditions at conclusion of the contract while maintaining data protection and sends this to the buyer in text form (by e-mail) after the order has been sent.
2.4. The buyer can view the text of the contract in his user account in the seller's online shop , provided the buyer has set up a user account before sending the order. The order data is stored in the seller's system and can be viewed and accessed by the buyer using his access data in the password-protected user account.
2.5. The contract is concluded exclusively in German.
2.6. The buyer can view the text of the contract in his user account in the seller's online shop, provided the buyer before sending the order has set up a user account. The order data is stored in the seller's system and can be viewed and accessed by the buyer using his access data in the password-protected user account.
2.7. ; The buyer must ensure that the e-mail address provided by him for order processing is correct, so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the buyer must ensure that all e-mails sent by the seller or by third parties commissioned with the order processing can be delivered.
3.1. As a consumer, the buyer has a fourteen-day right of withdrawal in accordance with the statutory provisions.
3.2. More information on the right of withdrawal can be found in the seller's cancellation policy below.
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3.3. For the revocation, the goods must be in an undamaged and unused condition.< /p>
4. Delivery, delivery period and delay in delivery
4.1. The delivery of goods is carried out by mail to the delivery address specified by the buyer, unless otherwise agreed between the parties is measure bleached.
4.2. It is not possible to collect the goods yourself.
4.3. The delivery time is given in the item description. By purchasing the goods, the buyer agrees to this.
5. Transport damage, transfer of risk and default of acceptance
5.1. In the case of delivered goods with obvious transport damage, the buyer is asked to complain about this error to the deliverer as soon as possible and to contact the seller immediately. Failure to make a complaint or contact has no consequences whatsoever for the legal claims and their enforcement, in particular for the warranty rights of the buyer.
6. Prices, shipping costs and terms of payment
6.1. Unless otherwise stated in the seller's offer, the prices quoted are Total prices. The total prices given are in EURO and are gross prices including the on the day of the Invoicing applicable statutory sales tax as well as any delivery and Shipping costs. The amount of any delivery and shipping costs that may be incurred are specified separately in the respective product description.
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6.2. The buyer can choose to pay the purchase price using the following payment methods:
6.2.1. Payments are, by providing shopifypayments, via Paypal, Klarna invoice, Klarna Sofort, Google Pay, Apple Pay, Maestro, Visa, American Express, Mastercard, Shop Pay, Bancontact, Ideal and eps transfer possible.
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7. Liability for defects and guarantees
7.1. The seller is liable for material or legal defects of the delivered goods in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB.
7.2. The limitation period for statutory claims for defects when purchasing used goods is one (1) year from the delivery of the goods. The limitation period for statutory Warranty claims when purchasing new goods is two (2) years from delivery of the goods.
8. Liability for damages
8.1. With regard to the services provided by the seller, the seller, his legal representatives and his vicarious agents are only liable in the event of intent or gross negligence.
8.2. In the event of a breach of essential contractual obligations, liability also applies to simple negligence, but limited to the foreseeable, contract-typical damage.
8.3. Essential contractual obligations are those obligations which the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the buyer can regularly rely (so-called cardinal obligations) . Claims for damage resulting from injury to life, limb or health as well as under the Product Liability Act remain unaffected by the above restrictions.
8.4. Incidentally, the seller is liable excluded.
9. Retention of title
9.1. If the seller pays in advance, he retains title to the delivered goods until the purchase price owed has been paid in full.
10. Data Protection
10.1. The seller collects and stores the data of the buyer necessary for the transaction. When processing the buyer's personal data, the seller observes the legal provisions. The seller is entitled to transmit this data to third parties commissioned to carry out the order, insofar as this is necessary to fulfill the contract. Further details can be found in the online offer Seller's privacy policy.
10.2. The buyer can request information about the data stored about his person at any time.
10.3. In addition, the statutory data protection regulations apply, in particular the General Data Protection Regulation (GDPR), the new Federal Data Protection Act Version (BDSG-new) and the Telemedia Act (TMG).
10.4. The seller owns the copyright to all texts, images, films published on his website. Use of the images, films and texts is not permitted without the express consent of the seller.
11. Alternative Dispute Resolution
11.1. The EU Commission provides a platform for online dispute resolution under 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 in which a consumer is involved.
12. Final Provisions
12.1. < /span>The law of the Federal Republic of Germany applies to these GTC and the contractual relationship between the parties to the exclusion of uniform international law, in particular the UN Sales Convention. 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 his habitual residence.
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12.2. If the buyer does not have a general place of jurisdiction in Germany or in another EU member state, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business in Cologne.
Status: 09/13/2021