General Terms and Conditions
Table of Contents
1. Scope of Application
2. Conclusion of the Contract
3. Right to Cancel
4. Prices and Payment Conditions
5. Shipment and Delivery Conditions
6. Contract duration and contract termination regarding subscription contracts
7. Reservation of Proprietary Rights
8. Warranty
9. Redemption of campaign vouchers
10. Redemption of gift vouchers
11. Applicable Law
12. Alternative dispute resolution
1) Scope of Application
1.1 These General Terms and Conditions of the company Bilge Yurttas (hereinafter
referred to as „Seller”) shall apply to all contracts concluded between a consumer or a
trader (hereinafter referred to as „Client”) and the Seller relating to all goods and/or
services presented in the Seller’s online shop. The inclusion of the Client’s own
conditions is herewith objected to, unless other terms have been stipulated.
1.2 Regarding the purchase of vouchers, these Terms and Conditions shall apply
accordingly, unless expressly agreed otherwise.
1.3 For contracts regarding the delivery of vouchers, these Terms and Conditions shall
apply accordingly, unless expressly agreed otherwise.
1.4 A consumer pursuant to these Terms and Conditions is any natural person
concluding a legal transaction for a purpose attributed neither to a mainly commercial
nor a self-employed occupational activity. A trader pursuant to these Terms and
Conditions is any natural or legal person or partnership with legal capacity acting in the
performance of a commercial or self-employed occupational activity when concluding a
legal transaction.
1.5 Digital content in the sense of these General Terms and Conditions are all data not
on a tangible medium which are produced in digital form and are supplied by the Seller
by granting certain usage rights precisely defined in these General Terms and
Conditions.
1.6 According to the Seller’ product description, the object of the contract may be the
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supply of goods by way of a one-time delivery or the supply of goods by way of a stable
delivery (hereinafter referred to as “subscription contract”). In case of a subscription
contract, the Seller commits to supply the Client with the contractually owed goods for
the duration of the agreed contract period and at the contractually agreed time
intervals.
2) Conclusion of the Contract
2.1 The product descriptions in the Seller’s online shop do not constitute binding offers
on the part of the Seller, but merely serve the purpose of submitting a binding offer by
the Client.
2.2 The Client may submit the offer via the online order form integrated into the Seller’s
online shop. In doing so, after having placed the selected goods and/or services in the
virtual basket and passed through the ordering process, and by clicking the button
finalizing the order process, the Client submits a legally binding offer of contract with
regard to the goods and/or services contained in the shopping cart. The Client may also
submit his offer to the Seller by e-mail or per online contact form.
2.3 The Seller may accept the Client’s offer within five days,
– by transferring a written order confirmation or an order confirmation in written form
(fax or e-mail); insofar receipt of order confirmation by the Client is decisive, or
– by delivering ordered goods to the Client; insofar receipt of goods by the customer is
decisive, or
– by requesting the Client to pay after he placed his order.
Provided that several of the aforementioned alternatives apply, the contract shall be
concluded at the time when one of the aforementioned alternatives firstly occurs.
Should the Seller not accept the Client’s offer within the aforementioned period of time,
this shall be deemed as rejecting the offer with the effect that the Client is no longer
bound by his statement of intent.
2.4 If the Client chooses „PayPal Express” when placing his order, payment processing
is handled by the payment service provider PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24
Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as “PayPal”). The PayPal
terms of use shall apply which can be viewed at:
https://www.paypal.com/ie/webapps/mpp/ua/servicedescription-full?locale.x=en_IE.
In case the Client has no PayPal account, the conditions for payments without PayPal
account will apply which can be viewed at:
https://www.paypal.com/ie/webapps/mpp/ua/legalhub-full?locale.x=en_US.
If the Client chooses “PayPal Express” as payment method, he initiates also a payment
order to PayPal by clicking the button finalizing the order process. In this case, the Seller
declares his acceptance of the Client’s offer already at the time when the Client initiates
the payment transaction by clicking the button finalizing the ordering process.
2.5 In case of an order via the Seller’s online order form, the text of the contract will be
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stored by the Seller and will be sent to the Client in writing including these Terms and
Conditions (for example via e-mail, fax or letter) after the Client has submitted his order.
In addition, the text of the contract will be stored on the Seller’s website and can be
found by the Client via the password-protected customer account by entering the
respective login information, provided that the Client has created a customer account in
the Seller’s online shop prior to submitting his order.
2.6 Prior to submitting a binding order via the Seller’s online order form, the Client may
recognize input errors by reading attentively the information displayed on the screen.
The enlargement function of the browser to enlarge the display on the screen may be an
effective method for better recognizing input errors.
The Client can correct all the data entered via the usual keyboard and mouse function
during the electronic ordering process, until he clicks the button finalizing the ordering
process.
2.7 The German and the English language are exclusively available for the conclusion of
the contract.
2.8 Order processing and contacting usually takes place via e-mail and automated order
processing. It is the Client’s responsibility to ensure that the e-mail address he provides
for the order processing is accurate so that e-mails sent by the Seller can be received at
this address. Particularly, it is the Client`s responsibility, if SPAM filters are used, to
ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller
with the order processing can be delivered.
3) Right to Cancel
3.1 Consumers are entitled to the right to cancel.
3.2 Detailed informations about the right to cancel are provided in the Seller’s
instruction on cancellation.
3.3 The right to cancel does not apply to consumers, who are no nationals of a member
state of the European Union at the time of concluding the contract und whose exclusive
domicile and delivery address were located outside of the European Union at the time of
concluding the contract.
4) Prices and Payment Conditions
4.1 Unless otherwise stated in the product description, prices indicated are total prices.
Sales tax is not listed, since the Seller is a small trader within the meaning of section 19,
para 1 German Turnover Tax Act. Any possible additional delivery and dispatch costs are
specified separately in the respective product description.
4.2 Payment can be made using one of the methods mentioned in the Seller’s online
shop.
4.3 In case of delivery to countries outside the European Union, additional costs may
incur in individual cases for which the Seller is not responsible and which have to be
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borne by the Client. This includes for example transfer fees charged by banking
institutes (transfer charges, exchange fees) or import duties or taxes (customs). Such
costs regarding money transfer may also incur, if delivery is not made in a country
outside the European Union and the Client carries out the payment from a country
outside the European Union.
4.4 If prepayment by bank transfer has been agreed upon, payment is due immediately
after conclusion of the contract, unless the parties have arranged a later maturity date
4.5 When payments are made using a payment method offered by PayPal, handling of
payments takes place via the payment service provider PayPal ((Europe) S.a. r.l. et Cie,
S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter called “PayPal”) subject
to the PayPal terms of use which can be viewed at:
https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
In case the client has no PayPal account, the conditions applicable for payments without
PayPal account will be effective. They can be viewed at:
https://www.paypal.com/de/webapps/mpp/ua/privacywax-full
5) Shipment and Delivery Conditions
5.1 Goods are generally delivered on dispatch route and to the delivery address
indicated by the Client, unless agreed otherwise. During the processing of the
transaction, the delivery address indicated in the Seller’s order processing is decisive.
However, in case the Client selects the payment method PayPal, the delivery address
deposited with PayPal at the date of payment shall be decisive.
5.2 Should the assigned transport company return the goods to the Seller, because
delivery to the Client was not possible, the Client bears the costs for the unsuccessful
dispatch. This shall not apply, if the Client exercises his right to cancel effectively, if the
delivery cannot be made due to circumstances beyond the Client’s control or if he has
been temporarily impeded to receive the offered service, unless the Seller has notified
the Client about the service for a reasonable time in advance.
5.3 Should the Client collect the goods himself, the Seller informs the Client by e-mail
that the goods are available for collection. After receiving the e-mail, the Client may
collect the goods in consultation with the Seller at the Seller’s place of business. In this
case shipment costs will not be charged.
6) Contract duration and contract termination regarding subscription
contracts
6.1 Subscription contracts are concluded for an indefinite period of time and can be
terminated by the client at any time without notice.
6.2 The right to immediate termination for important reasons remains unaffected.
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An important reason is considered, when the continuation of the contract is no more
reasonable until the end of the agreed contractual period or until expiry of the notice
period for termination, taking into account all circumstances of the particular case and
with balanced judgement of mutual interests
6.3 Notices of termination must be made in text form (for example by e-mail). .
7) Reservation of Proprietary Rights
If the Seller provides advance deliveries, he retains title of ownership to the delivered
goods, until the purchase price owed has been paid in full.
8) Warranty
8.1 Should the object of purchase be deficient, statutory provisions shall apply.
8.2 The Client is asked to notify any obvious transport damages to the forwarding agent
and to inform the Seller accordingly. Should the Client fail to comply therewith, this shall
not affect his statutory or contractual claims for defects.
9) Redemption of campaign vouchers
9.1 Vouchers which are issued by the Seller free of charge, for a specific period of
validity in the context of promotional activities and which cannot be purchased by the
Client (hereinafter referred to as „campaign vouchers”) can only be redeemed in the
Seller’s online shop and only within the indicated time period.
9.2 Individual products may be excluded from the voucher campaign, if such a
restriction results from the conditions of the campaign voucher.
9.3 Campaign vouchers can only be redeemed prior to the conclusion of the order
procedure. Subsequent offsetting is not possible.
9.4 Only one campaign voucher can be redeemed per order.
9.5 The goods value should meet at least the amount of the campaign voucher. The
Seller will not refund remaining assets.
9.6 If the value of the campaign voucher is not enough for the order, the Client may
choose one of the remaining payment methods offered by the Seller to pay the
difference.
9.7 The campaign voucher credit will not be redeemed in cash and is not subject to any
interest.
9.8 The campaign voucher will not be redeemed, if the Client, in the context of his legal
right to cancel, returns goods paid fully or partially by a campaign voucher.
9.9 The campaign voucher is transferable. The Seller may render performance with
discharging effect to the respective owner who redeems the campaign voucher in the
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Seller’s online shop. This does not apply, if the Seller has knowledge or grossly negligent
ignorance of the non-entitlement, legal incapacity or of the missing right of
representation regarding the respective owner.
10) Redemption of gift vouchers
10.1 Vouchers which 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
stipulated in the voucher.
10.2 Gift vouchers and remaining assets of gift voucher can be redeemed by the end of
the third year following the year of the gift voucher purchase. Remaining assets will be
credited to the Client’s voucher account.
10.3 Gift vouchers can only be redeemed prior to the conclusion of the order procedure.
Subsequent offsetting is not possible.
10.4 Only one gift voucher can be redeemed per order.
10.5 Gift vouchers can only be used for the purchase of goods and not for the purchase
of other gift vouchers.
10.6 If the value of the gift voucher is not enough for the order, the Client may choose
one of the remaining payment methods offered by the Seller to pay the difference.
10.7 The gift voucher credit will not be redeemed in cash and is not subject to any
interest.
10.8 The gift voucher is transferable. The Seller may render performance with
discharging effect to the respective owner 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 non-entitlement, legal incapacity or of the missing right of
representation regarding the respective owner.
11) Applicable Law
11.1 The law of the Federal Republic of Germany shall apply to all legal relationships
between the parties under exclusion of the laws governing the international purchase of
movable goods. For consumers, this choice of law only applies to the extent that the
granted protection is not withdrawn by mandatory provisions of the law of the country,
in which the consumer has his habitual residence.
11.2 Furthermore, this choice of law regarding the right to cancel does not apply to
consumers, who are not nationals of a member state of the European Union at the time
of concluding the contract and whose exclusive domicile and delivery address is located
outside of the European Union at the time of concluding the contract.
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12) Alternative dispute resolution
12.1 The EU Commission provides on its website the following link to the ODR platform:
https://ec.europa.eu/consumers/odr.
This platform shall be a point of entry for out-of-court resolutions of disputes arising
from online sales and service contracts concluded between consumers and traders.
12.2 The Seller is neither obliged nor prepared to attend a dispute settlement procedure
before an alternative dispute resolution entity.
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