General terms and conditions
General Terms and Conditions with Customer Information
1. Area of Application
2. Offers and service descriptions
3. Order process and conclusion of contract
4. Prices and shipping costs
5. Delivery, availability of goods
6. Payment modalities
7. Reservation of proprietary rights
8. Warranty for material defects and guarantee
9. Liability
10. Storage of the contract text
11. Final provisions
1. Area of Application
1.1 For the business relationship between [Homann, El Gharbaoui & Krause GbR Eifelstraße 29 50677 Cologne, Germany, owner: Eva Homann & Elias El Gharbaoui (hereinafter referred to as "Seller") and the customer (hereinafter referred to as "Customer"), the following General Terms and Conditions shall apply exclusively in the version valid at the time of the order.
1.2 You can reach our customer service for questions, complaints and objections on weekdays from 2:00 PM to 8:00 PM under the phone number +49 (0)1575.2735 858 (Via WhatsApp) or +506 7253 8781 and by e-mail at elias@suyana.shop.
1.3 Consumer in the sense of these terms and conditions is any natural person who enters into a legal transaction for a purpose that is predominantly neither their commercial nor their independent professional activity can be attributed (§ 13 BGB).
1.4 Deviating terms and conditions of the customer are not recognized unless the seller expressly agrees to their validity.
2. Offers and service descriptions
The presentation of the products in the online store does not constitute a legally binding offer, but an invitation to place an order. Service descriptions in catalogs as well as on the websites of the seller do not have the character of an assurance or guarantee.
All offers are valid "while stocks last", unless otherwise noted with the products. Apart from that, errors are excepted.
Note: Please enter the applicable button labels below.
3. Order process and conclusion of contract
3.1 The Customer may select products from the Seller's assortment without obligation and collect them in a so-called shopping cart by clicking the button [add to shopping cart]. Within the shopping cart the product selection can be changed, e.g. deleted. Subsequently, the Customer can proceed to the conclusion of the order process within the shopping cart via the button [Continue to checkout].
3.2. By clicking on the [order with payment] button, the customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time and use the browser's "back" function to return to the shopping cart or cancel the order process altogether. Required information is marked with an asterisk (*).
3.3 The seller then sends the customer an automatic confirmation of receipt by e-mail, in which the customer's order is listed again and which the customer can print out using the "Print" function (order confirmation). The automatic confirmation of receipt merely documents that the order of the customer has been received by the seller and does not constitute an acceptance of the application. The purchase contract is only concluded when the seller has shipped or handed over the ordered product to the customer within 2 days or has confirmed the shipment to the customer within 2 days with a second e-mail, explicit order confirmation or sending of the invoice.
3.4 If the seller allows payment in advance, the contract is concluded with the provision of bank details and request for payment. If the payment is not received by the Seller within 10 calendar days after sending the order confirmation, the Seller shall withdraw from the contract with the consequence that the order shall be invalid and the Seller shall not be obliged to deliver. The order is then completed for the buyer and seller without further consequences. Reservation of the item in case of advance payment is therefore made for a maximum of 10 calendar days.
4. Prices and shipping costs
4.1 All prices stated on the Seller's website are inclusive of the applicable VAT.
4.2 In addition to the stated prices, the Seller charges shipping costs for delivery. The shipping costs will be clearly communicated to the Buyer on a separate information page and during the ordering process.
5. Delivery, availability of goods
5.1 If payment in advance has been agreed, delivery will be made after receipt of the invoice amount.
5.2 If the delivery of the goods fails through the fault of the buyer despite three delivery attempts, the seller can withdraw from the contract. Any payments made will be refunded to the customer immediately.
5.3 If the ordered product is not available because the Seller is not supplied with this product by its supplier through no fault of its own, the Seller may withdraw from the contract. In this case, the Seller will immediately inform the Customer and, if necessary, propose the delivery of a comparable product. If no comparable product is available or if the customer does not wish a comparable product to be delivered, the seller will immediately reimburse the customer for any consideration already paid.
5.4 Customers will be informed about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries) on a separate information page or within the respective product description.
6. Payment modalities
6.1 The customer can choose from the available payment modalities within the framework of and before the completion of the order process. Customers will be informed about the available payment modalities on a separate information page.
6.2 If payment by invoice is possible, payment must be made within 30 days after receipt of the goods and the invoice. For all other methods of payment, payment must be made in advance without deduction.
6.3 If third-party providers are commissioned with the payment processing, e.g. Paypal, their general terms and conditions shall apply.
6.4 If the due date of payment is determined by the calendar, the customer is already in default by missing the deadline. In this case the customer has to pay the legal default interest.
6.5 The Customer's obligation to pay default interest shall not preclude the Seller from asserting further claims for damages caused by default.
6.6 The customer shall only have a right of set-off if its counterclaims have been legally established or acknowledged by the seller. The customer may only exercise a right of retention if the claims result from the same contractual relationship.
7. Reservation of proprietary rights
The delivered goods remain the property of the seller until full payment has been received.
8. Warranty for material defects and guarantee
8.1 The warranty shall be governed by statutory provisions.
8.2 The goods delivered by the Seller shall be covered by a warranty only if such warranty has been expressly given. Customers will be informed about the warranty conditions before initiating the order process.
9. Liability
The following exclusions and limitations of liability shall apply to the Seller's liability for damages, irrespective of the other statutory prerequisites for claims.
9.2 The Seller shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence.
9.3 Furthermore, the Seller shall be liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on the compliance with which the Customer regularly relies. In this case, however, the Seller shall only be liable for the foreseeable damage typical for the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
9.4 The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act shall remain unaffected.
9.5 Insofar as the liability of the Seller is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.
10. Storage of the contract text
10.1 The Customer may print out the text of the contract before submitting the order to the Seller by using the print function of his browser in the last step of the order process.
10.2 The Seller shall also send the Customer an order confirmation with all order data to the e-mail address provided by the Customer. With the order confirmation, but at the latest upon delivery of the goods, the customer will also receive a copy of the terms and conditions together with the cancellation policy and the information on shipping costs and delivery and payment terms. If you have registered in our store, you can view your orders in your profile area. In addition, we store the contract text, but do not make it available on the Internet.
11. Final provisions
11.1 The place of jurisdiction and performance shall be the registered office of the Seller if the Customer is a merchant, a legal entity under public law or a special fund under public law.
11.2 The language of the contract shall be German.
11.3. platform of the European Commission for online dispute resolution (OS) for consumers: http://ec.europa.eu/consumers/odr/. We are not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.
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General Terms and Conditions with Customer Information\n
1. Area of Application
2. Offers and service descriptions
3. Order process and conclusion of contract
4. Prices and shipping costs
5. Delivery, availability of goods
6. Terms of payment
7. Reservation of proprietary rights
8. Warranty and guarantee against material defects
9. Liability
10. Storage of the contract text
11. Final provisions\n
1. Area of Application
1.1. The following General Terms and Conditions in the version valid at the time of the order apply exclusively to the business relationship between [Homann, El Gharbaoui & Krause GbR Eifelstra\u00dfe 29 50677 K\u00f6ln, owner: Eva Homann & Elias El Gharbaoui (hereinafter referred to as "Seller") and the customer (hereinafter referred to as "Customer").\n
1.2. You can reach our customer service for questions, complaints and objections on weekdays from 2:00 p.m. to 8:00 p.m. by telephone at +49 (0)1575.2735 858 (via WhatsApp) or +506 7253 8781 or by email at elias@suyana.shop.\n
1.3. A consumer within the meaning of these Terms and Conditions is any natural person who concludes a legal transaction for a purpose that cannot be predominantly attributed to either their commercial or their independent professional activity (§ 13 BGB).\n
1.4. Deviating conditions of the customer will not be recognized unless the seller expressly agrees to their validity.\n
2. Offers and service descriptions
The presentation of the products in the online shop does not constitute a legally binding offer, but rather an invitation to place an order. Descriptions of services in catalogues and on the seller's websites do not constitute a representation or guarantee.
All offers are valid "while stocks last" unless otherwise stated for the products. Otherwise, errors remain reserved.\n
Note: Please enter the applicable button labels below.
3. Order process and conclusion of contract
3.1. The customer can select products from the seller's range without obligation and collect them in a so-called shopping cart using the [add to cart] button. The product selection can be changed within the shopping cart, e.g. deleted. The customer can then complete the order process within the shopping cart using the [Continue to checkout] button.\n
3.2. By clicking on the [order with payment] button, the customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time and use the browser's "back" function to return to the shopping cart or cancel the order process altogether. Required information is marked with an asterisk (*).\n
3.3. The seller then sends the customer an automatic confirmation of receipt by email, in which the customer's order is listed again and which the customer can print out using the "Print" function (order confirmation). The automatic confirmation of receipt merely documents that the customer's order has been received by the seller and does not constitute acceptance of the application. The purchase contract is only concluded when the seller has sent the ordered product to the customer within 2 days, handed it over or confirmed the shipment to the customer within 2 days with a second email, express order confirmation or sending of the invoice.\n
3.4. If the seller allows payment in advance, the contract is concluded when the bank details and payment request are provided. If the payment is not received by the seller within 10 calendar days of sending the order confirmation despite being due and even after a further request, the seller withdraws from the contract with the result that the order is void and the seller is not obliged to deliver. The order is then completed for the buyer and seller without further consequences. The item is therefore reserved for a maximum of 10 calendar days in the case of advance payments.\n
4. Prices and shipping costs
4.1. All prices stated on the seller's website include the applicable statutory sales tax.\n
4.2. In addition to the stated prices, the seller charges shipping costs for delivery. The shipping costs are clearly communicated to the buyer on a separate information page and during the ordering process.\n
5. Delivery, availability of goods
5.1. If advance payment has been agreed, delivery will take place after receipt of the invoice amount.\n
5.2. If the delivery of the goods fails due to the buyer's fault despite three delivery attempts, the seller can withdraw from the contract. Any payments made will be refunded to the customer immediately.\n
5.3. If the ordered product is not available because the seller is not supplied with this product by its supplier through no fault of its own, the seller can withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, suggest the delivery of a comparable product. If no comparable product is available or the customer does not want a comparable product to be delivered, the seller will immediately reimburse the customer for any consideration already provided.\n
5.4. Customers will be informed about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries) on a separate information page or within the respective product description.\n
6. Terms of payment
6.1. The customer can choose from the available payment methods during and before completing the order process. Customers are informed about the available payment methods on a separate information page.\n
6.2. If payment by invoice is possible, payment must be made within 30 days of receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.\n
6.3. If third parties are commissioned to process payments, e.g. Paypal, their general terms and conditions apply.\n
6.4. If the due date for payment is determined according to the calendar, the customer is in default simply by missing the deadline. In this case, the customer must pay the statutory default interest.\n
6.5. The customer's obligation to pay default interest does not exclude the seller from claiming further damages for default.\n
6.6. The customer is only entitled to a right of set-off if his counterclaims have been legally established or recognized by the seller. The customer can only exercise a right of retention if the claims result from the same contractual relationship.\n
7. Reservation of proprietary rights
The delivered goods remain the property of the seller until full payment has been made.\n
8. Warranty and guarantee against material defects
8.1. The warranty is determined according to statutory provisions.\n
8.2. A guarantee only exists for the goods delivered by the seller if this has been expressly given. Customers are informed of the guarantee conditions before initiating the order process.\n
9. Liability
9.1. The following exclusions and limitations of liability apply to the seller's liability for damages, without prejudice to the other statutory requirements for claims.\n
9.2. The seller is liable without limitation if the cause of the damage is based on intent or gross negligence.\n
9.3. Furthermore, the seller is liable for the slightly negligent breach of essential obligations, the breach of which endangers the achievement of the purpose of the contract, or for the breach of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the customer regularly relies. In this case, however, the seller is only liable for the foreseeable, contract-typical damage. The seller is not liable for the negligent breach of obligations other than those mentioned in the preceding sentences.\n
9.4. The above limitations of liability do not apply in the event of injury to life, body or health, for a defect after a guarantee has been given for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.\n
9.5. To the extent that the seller's liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.\n
10. Storage of the contract text
10.1. The customer can print out the contract text before submitting the order to the seller by using the print function of his browser in the last step of the order.\n
10.2. The seller also sends the customer an order confirmation with all order data to the email address provided by him. With the order confirmation, but at the latest upon delivery of the goods, the customer also receives a copy of the general terms and conditions along with the cancellation policy and information on shipping costs as well as delivery and payment conditions. If you have registered in our shop, you can view your placed orders in your profile area. We also save the contract text, but do not make it available on the Internet.\n
11. Final provisions
11.1. The place of jurisdiction and place of performance is the registered office of the seller if the customer is a merchant, a legal entity under public law or a special fund under public law.\n
11.2. The contract language is German.\n
11.3. European Commission platform for online dispute resolution (ODR) for consumers: http:\/\/ec.europa.eu\/consumers\/odr\/. We are not willing and not obliged to participate in a dispute settlement procedure before a consumer arbitration board.”,”text_align”:”center”,”maxwidth”:”xlarge”,”margin_remove_top”:true,”block_align”:”center”}}]}]}]}],”version”:”2.7.22″} –>
