Terms of Service

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. Special Conditions for the Processing of Goods According to Customer Specifications
9. Redemption of Promotional Coupons
10. Redemption of Gift Vouchers
11. Applicable Law
12. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of Karim Cakar, operating under "Tority" (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of any own conditions of the Customer is hereby contradicted unless otherwise agreed.

1.2 These GTC also apply correspondingly to contracts for the delivery of vouchers unless otherwise regulated.

1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to either their commercial or independent professional activity.

1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity that acts in the exercise of their commercial or independent professional activity when concluding a legal transaction.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers from the Seller but serve as a request for a binding offer from the Customer.

2.2 The Customer can submit the offer through the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that concludes the ordering process.

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), with the receipt of the order confirmation by the Customer being decisive, or
• by delivering the ordered goods to the Customer, with the receipt of the goods by the Customer being decisive, or
• by requesting payment from the Customer after they have placed their order.

If multiple of the above alternatives are available, the contract is concluded at the moment one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the offer is sent by the Customer and ends with the expiration 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 considered a rejection of the offer, resulting in the Customer no longer being bound to their declaration of intent.

2.4 When selecting a payment method offered by PayPal, the payment processing is carried out by 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 user agreement, which can be viewed at PayPal User Agreement or, if the Customer does not have a PayPal account, under the terms for payments without a PayPal account, which can be viewed at PayPal Privacy. If the Customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the Seller hereby declares the acceptance of the Customer's offer at the moment the Customer clicks the button that concludes the ordering process.

2.5 When selecting the payment method "Amazon Payments," the payment processing is carried out by the payment service provider Amazon Payments Europe s.c.a., 38 Avenue John F. Kennedy, L-1855 Luxembourg (hereinafter "Amazon"), subject to the Amazon Payments Europe user agreement, which can be viewed at Amazon Payments User Agreement. If the Customer selects "Amazon Payments" as the payment method during the online ordering process, they simultaneously issue a payment order to Amazon by clicking the button that concludes the ordering process. In this case, the Seller declares the acceptance of the Customer's offer at the moment the Customer initiates the payment process by clicking the button that concludes the ordering process.

2.6 When submitting an offer through the Seller's online order form, the contract text is saved by the Seller after the conclusion of the contract and sent to the Customer in text form (e.g., email, fax, or letter) after they have submitted their order. There will be no further accessibility to the contract text by the Seller.

2.7 Before submitting the order bindingly via the Seller's online order form, the Customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors may 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 that concludes the ordering process.

2.8 Only the German language is available for concluding the contract.

2.9 Order processing and contact usually 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 can be received at this address. In particular, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller for order processing can be delivered, especially when using SPAM filters.

3) Right of Withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal is provided in the Seller's withdrawal instruction.

4) Prices and Payment Terms

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

4.2 The payment option(s) will be communicated to the Customer in the Seller's online shop.

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

4.4 When selecting a payment method offered through the payment service "PayPal," payment processing is carried out by PayPal, which may also use the services of third-party payment service providers. If the Seller offers payment methods via PayPal that require the Seller to make advance payments to the Customer (e.g., purchase on account or installment payment), the Seller assigns its payment claim to PayPal or to the payment service provider specifically named by PayPal. Before accepting the Seller's assignment declaration, PayPal or the designated payment service provider will conduct a credit check using the transmitted customer data. The Seller reserves the right to refuse the selected payment method to the Customer 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 in the agreed payment intervals. In this case, the Customer can only make payment with debt-discharging effect to PayPal or the designated payment service provider. However, the Seller remains responsible for general customer inquiries, such as those regarding the goods, delivery time, shipment, returns, complaints, withdrawal declarations, and refunds.

4.5 When selecting the payment method "SOFORT," payment processing is carried out 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 enabled for participation in "SOFORT," must identify themselves accordingly during the payment process, and must confirm the payment instruction to "SOFORT." The payment transaction is executed immediately afterward by "SOFORT," and the Customer's bank account is debited. More information about the payment method "SOFORT" can be found online at Klarna SOFORT.

4.6 When selecting a payment method offered through "Shopify Payments," payment processing is carried out 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 through Shopify Payments will be communicated to the Customer in the Seller's online shop. To process payments, Stripe may use other payment services for which special payment conditions may apply, and the Customer may be separately informed about this. Further information about "Shopify Payments" is available online at Shopify Payments Terms.

4.7 When selecting the credit card payment option via Stripe, the invoice amount is due immediately upon conclusion of the contract. Payment processing is carried out 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 in the event of a negative credit check.

5) Delivery and Shipping Conditions

5.1 If the Seller offers shipping of the goods, delivery will take place 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 processing 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 as a result. This does not apply to the costs for shipping if the Customer effectively exercises their right of withdrawal. The return shipping costs are governed by the provisions made in the Seller's withdrawal instructions in the event of an effective exercise of the right of withdrawal by the Customer.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the purchased goods passes to the Customer as soon as the Seller hands the item over to the carrier, freight forwarder, or other person or institution designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the purchased goods generally passes only upon delivery of the goods to the Customer or a designated recipient. Deviating from this, the risk of accidental loss and accidental deterioration of the purchased goods also passes to the Customer in the case of consumers as soon as the Seller hands the item over to the carrier, freight forwarder, or other person or institution designated to carry out the shipment if the Customer has commissioned the carrier, freight forwarder, or other designated person or institution with the execution and the Seller has not previously named this person or institution to the Customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This applies only in cases where the non-delivery is not attributable to the Seller and the Seller has concluded a specific covering transaction with the supplier with the required diligence. 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 immediately, and the payment will be refunded without delay.

5.5 Self-collection is not possible for logistical reasons.

6) Retention of Title

If the Seller performs in advance, they retain ownership of the delivered goods until full payment of the purchase price owed is made.

7) Liability for Defects (Warranty)

7.1 Unless otherwise stated in the following provisions, the statutory provisions on liability for defects apply. Deviating from this, the following applies to contracts for the delivery of goods:

7.2 If the Customer acts as an entrepreneur,

• the Seller has the choice of the type of subsequent performance;
• the limitation period for defects in new goods is one year from the delivery of the goods;
• for used goods, rights and claims due to defects are excluded;
• the limitation period does not start anew when a replacement delivery occurs in the context of liability for defects.

7.3 If the Customer acts as a consumer, the following applies to contracts for the delivery of used goods with the restriction of the following paragraph: The limitation period for claims for defects is one year from the delivery of the goods if this has been expressly and separately agreed upon contractually between the parties and the Customer has been specifically informed of the reduction of the limitation period before submitting their declaration of contract.

7.4 The above-regulated limitations of liability and reductions of periods do not apply

• to claims for damages and reimbursement of expenses by the Customer,
• in the event that the Seller has fraudulently concealed the defect,
• to goods that have been used in accordance with their usual use for a building and have caused its defects,
• to any existing obligation of the Seller to provide updates for digital products in contracts for the delivery of goods with digital elements.

7.5 Furthermore, it applies to entrepreneurs that the statutory limitation periods for any existing statutory recourse claims remain unaffected.

7.6 If the Customer acts as a merchant in accordance with § 1 HGB, they are subject to the commercial inspection and complaint obligations according to § 377 HGB. If the Customer fails to fulfill the notification obligations regulated there, the goods are deemed approved.

7.7 If the Customer acts as a consumer, they are requested to report delivered goods with obvious transport damage to the carrier and inform the Seller. Failure to comply does not affect their statutory or contractual claims for defects.

8) Special Conditions for the Processing of Goods According to Specific Customer Specifications

8.1 If the Seller is obligated under the contract to provide processing of the goods according to specific customer specifications in addition to the delivery of the goods, the Customer must provide the Seller with all necessary contents for processing, such as texts, images, or graphics, in the file formats, formatting, and image and file sizes specified by the Seller and grant the necessary usage rights for this purpose. The Customer is solely responsible for obtaining and acquiring rights to these contents. The Customer declares and assumes responsibility that they have the right to use the contents provided to the Seller. They must ensure that no rights of third parties are violated, particularly copyright, trademark, and personal rights.

8.2 The Customer indemnifies the Seller from claims by third parties that may assert these against the Seller in connection with a violation of their rights due to the contractual use of the Customer’s contents by the Seller. The Customer also assumes the necessary costs of legal defense, including all court and attorney fees at statutory rates. This does not apply if the legal violation is not attributable to the Customer. The Customer is obliged to provide the Seller with all information necessary for the examination of the claims and a defense in the event of a third-party claim, promptly, truthfully, and completely.

8.3 The Seller reserves the right to refuse processing orders if the contents provided by the Customer for this purpose violate legal or regulatory prohibitions or good morals. This applies in particular to the provision of content that is unconstitutional, racist, xenophobic, discriminatory, offensive, harmful to youth, and/or glorifying violence.

9) Redemption of Promotional Vouchers

9.1 Vouchers that are issued free of charge by the Seller as part of promotional campaigns with a specific validity period and cannot be purchased by the Customer (hereinafter "Promotional Vouchers") can only be redeemed in the Seller's online shop and only during the specified period.

9.2 Individual products may be excluded from the voucher promotion if such a restriction results from the content of the promotional voucher.

9.3 Promotional vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.

9.4 Only one promotional voucher can be redeemed per order.

9.5 The value of the goods must at least correspond to the amount of the promotional voucher. Any remaining balance will not be refunded by the Seller.

9.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be chosen to settle the difference.

9.7 The balance of a promotional voucher will neither be paid out in cash nor accrue interest.

9.8 The promotional voucher will not be refunded if the Customer returns the goods that were paid for in whole or in part with the promotional voucher under their statutory right of withdrawal.

9.9 The promotional voucher is only intended for use by the person named on it. Transfer of the promotional voucher to third parties is excluded. The Seller is entitled, but not obliged, to verify the material entitlement of the respective voucher holder.

10) Redemption of Gift Vouchers

10.1 Vouchers that can be purchased through the Seller's online shop (hereinafter "Gift Vouchers") can only be redeemed in the Seller's online shop unless stated otherwise on the voucher.

10.2 Gift vouchers and remaining balances of gift vouchers can be redeemed until the end of the third year after the year of the voucher purchase. Remaining balances will be credited to the Customer until the expiry date.

10.3 Gift vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.

10.4 Only one gift voucher can be redeemed per order.

10.5 Gift vouchers can only be used to purchase goods and not for the purchase of additional gift vouchers.

10.6 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 settle the difference.

10.7 The balance of a gift voucher will neither be paid out in cash nor accrue interest.

10.8 The gift voucher is transferable. The Seller can perform with debt-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 or grossly negligent ignorance of the lack of entitlement, incapacity to contract, or lack of representation of the respective holder.

11) Applicable Law

For all legal relationships between the parties, the law of the Federal Republic of Germany applies, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only insofar as it does not deprive them of the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence.

12) Alternative Dispute Resolution

The EU Commission provides an online platform for alternative dispute resolution 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.