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Terms of service

General Terms and Conditions with Customer Information


Table of Contents:

 

  1. Scope of Application

  2. Conclusion of Contract

  3. Right of Withdrawal

  4. Prices and Payment Conditions

  5. Delivery and Shipping Conditions

  6. Retention of Title

  7. Liability for Defects (Warranty)

  8. Applicable Law

  9. Alternative Dispute Resolution

 


 

  1. Scope of Application

 


1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of Tolga Dak, trading under “Faces of the Night” (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 displayed in the Seller’s online shop. The inclusion of the Customer’s own terms is hereby rejected, unless otherwise agreed.


1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur within the meaning of these GTC is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the course of their commercial or self-employed professional activity.

 

  1. 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 submit 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, the Customer, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, by clicking the button concluding the order process, submits a legally binding offer to purchase the goods in the shopping cart.


2.3 The Seller may accept the Customer’s offer within five days:

 

  • by sending a written order confirmation or an order confirmation in text form (fax or email), 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 placing their order.

    If several of the aforementioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The acceptance period 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 shall be 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 PayPal payment method is selected, the payment will be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal terms of use, viewable 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 for payments without a PayPal account, viewable at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer selects a PayPal payment method during the ordering process, the Seller declares acceptance of the Customer’s offer at the time the Customer clicks the button completing 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 and sent to the Customer in text form (e.g., email, fax, or letter) after the Customer has sent their order. Beyond this, the contract text is not made accessible by the Seller. If the Customer has set up a user account in the Seller’s online shop before submitting the order, the order data will be archived on the Seller’s website and can be accessed free of charge by the Customer via their password-protected user account using the corresponding login data.


2.6 Before the binding submission of the order via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. A technical means for better recognition of input errors can be the browser’s zoom function, which enlarges the display on the screen. The Customer can correct their entries using the usual keyboard and mouse functions until they click the button completing the order process.


2.7 Only the German 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 accurate so that emails sent by the Seller 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 with order processing can be delivered.

 

  1. Right of Withdrawal

 


3.1 Consumers are generally entitled to a right of withdrawal.


3.2 More detailed information on the right of withdrawal can be found in the Seller’s withdrawal policy.

 

  1. Prices and Payment Conditions

 


4.1 Unless otherwise stated in the Seller’s product description, the prices indicated are total prices that include the statutory value-added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.


4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases that the Seller is not responsible for and that must 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 may also arise in relation to the money transfer if the delivery is not made to a country outside the European Union but the Customer makes the payment from a country outside the EU.


4.3 The payment methods available to the Customer are communicated in the Seller’s online shop.


4.4 If advance payment by bank transfer has been agreed upon, the payment is due immediately after the conclusion of the contract unless the parties have agreed on a later due date.


4.5 If the payment method “PayPal Credit” (installment payment via PayPal) is selected, the Seller assigns their payment claim to PayPal. Before accepting the Seller’s declaration of assignment, PayPal performs a credit check using the transmitted customer data. The Seller reserves the right to refuse the payment method “PayPal Credit” in the event of a negative result. If the payment method “PayPal Credit” is approved by PayPal, the Customer must pay the invoice amount to PayPal under the conditions communicated to them in the Seller’s online shop. In this case, payment can only be made to PayPal with debt-discharging effect. However, the Seller remains responsible for general customer inquiries, e.g., about goods, delivery time, dispatch, returns, complaints, declarations of withdrawal, and returns or credit notes.


4.6 If “SOFORT” is selected as the payment method, the payment is processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (“SOFORT”). To pay the invoice amount via “SOFORT,” the Customer must have an online banking account activated for participation in “SOFORT,” authenticate themselves accordingly during the payment process, and confirm the payment instruction to “SOFORT.” The payment transaction is then carried out by “SOFORT” and the Customer’s bank account is debited immediately. Further information on the payment method “SOFORT” can be found online at https://www.klarna.com/sofort/


4.7 If a payment method offered via “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 (“Stripe”). The individual payment methods offered via Shopify Payments are communicated to the Customer in the Seller’s online shop. Stripe may use other payment services for processing payments, for which separate payment conditions may apply, which the Customer may be informed of separately. Further information on “Shopify Payments” is available online at https://www.shopify.com/legal/terms-payments-de


4.8 If purchase on account is selected, the purchase price is due after delivery and invoicing of the goods. In this case, the purchase price must be paid within 7 (seven) days of receipt of the invoice without deduction, unless otherwise agreed. The Seller reserves the right to offer the payment method purchase on account only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the Seller will inform the Customer of the corresponding payment restriction in the payment information of the online shop.


4.9 If the payment method “PayPal Invoice” is selected, the Seller assigns their payment claim to PayPal. Before accepting the Seller’s declaration of assignment, PayPal performs a credit check using the transmitted customer data. The Seller reserves the right to refuse the payment method “PayPal Invoice” in the event of a negative result. If the payment method “PayPal Invoice” is approved by PayPal, the Customer must pay the invoice amount to PayPal within 30 days of receipt of the goods, unless PayPal specifies another payment term. In this case, payment can only be made to PayPal with debt-discharging effect. However, the Seller remains responsible for general customer inquiries, e.g., about goods, delivery time, dispatch, returns, complaints, declarations of withdrawal, and returns or credit notes. The general terms of use for using PayPal’s invoice purchase can be found at https://www.paypal.com/de/webapps/mpp/ua/pui-terms


4.10 If a payment method offered via the payment service “Klarna” is selected, payment is processed via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (“Klarna”). More information and Klarna’s terms can be found in the Seller’s payment information (currently not yet available).

 

  1. Delivery and Shipping Conditions

 


5.1 The delivery of goods takes place by dispatch to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified in the order processing of the Seller is decisive for the transaction.


5.2 If the delivery of the goods fails for reasons attributable to the Customer, the Customer bears the reasonable costs incurred by the Seller. This does not apply to the shipping costs if the Customer effectively exercises their right of withdrawal. For return costs in the event of effective withdrawal by the Customer, the relevant provision in the Seller’s withdrawal policy applies.


5.3 In the case of self-collection, the Seller informs the Customer by email that the ordered goods are ready for collection. After receiving this email, the Customer may collect the goods from the Seller’s premises by arrangement. In this case, no shipping costs are charged.

 

  1. Retention of Title

 


If the Seller makes advance payment, they retain ownership of the delivered goods until full payment of the purchase price owed.

 

  1. Liability for Defects (Warranty)

 


7.1 If the purchased item is defective, the statutory provisions apply.


7.2 Deviating from this, the limitation period for claims for defects in used goods is one year from delivery. This limitation does not apply:

 

  • to items that have been used in accordance with their usual purpose for a building and have caused its defectiveness,

  • to claims for damages and reimbursement of expenses by the Customer, and

  • if the Seller has fraudulently concealed the defect.

 


7.3 If the Customer acts as a consumer, they are requested to complain to the deliverer about goods with obvious transport damage and to inform the Seller accordingly. Failure to do so has no effect on the Customer’s statutory or contractual claims for defects.

 

  1. Applicable Law

 


All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, 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 country in which the consumer has their habitual residence.

 

  1. Alternative Dispute Resolution

 


9.1 The EU Commission provides a platform for online dispute resolution (ODR) at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for 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 a dispute resolution procedure before a consumer arbitration board.