General terms and conditions with customer information
Table of contents
- Scope of application
- Conclusion of contract
- right of withdrawal
- Prices and terms of payment
- Delivery and shipping conditions
- Reservation of ownership
- Liability for defects (warranty)
- Applicable law
- Alternative Dispute Resolution
1) Scope of application
1.1 These General Terms and Conditions (hereinafter “GTC”) of Umut Baycan, acting under “Buy-Can OnlineShop” (hereinafter “Seller”), apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter “Customer”) with the Seller in respect of the goods displayed by the Seller in his online shop. The inclusion of the customer’s own conditions is hereby objected to, unless otherwise agreed.
1.2 Consumer in the sense of these terms and conditions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor his self-employed professional activity. Entrepreneur in the sense of these AGB is a natural or legal person or a partnership with legal capacity, which acts with conclusion of a legal transaction in exercise of its commercial or independent vocational activity.
2) Conclusion of contract
2.1 The product descriptions contained in the seller’s online shop are not binding offers on the part of 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 in the seller’s online shop. After placing the selected goods in the virtual shopping basket and completing the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping basket by clicking the button completing the ordering process.
2.3 The seller can 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 e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
by sending the customer a written order confirmation in text form (fax or e-mail).
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
- by requesting the customer to pay after placing his order.
If several of the aforementioned alternatives exist, the contract shall be concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer shall commence on the day following the dispatch of the offer by the customer and shall end on the expiry of the fifth day following the dispatch 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 consequence that the Customer is no longer bound by his declaration of intent.
2.4 When submitting an offer via the online order form of the seller, the text of the contract is stored by the seller and sent to the customer after sending his order along with the present terms and conditions in text form (eg e-mail, fax or letter). In addition, the contract text is archived on the Seller’s website and can be retrieved free of charge by the Customer via his password-protected customer account by providing the corresponding login data, provided the Customer has created a customer account in the Seller’s online shop before sending his order.
2.5 Before binding submission of the order via the online order form of the seller, the customer can recognize possible input errors by attentively reading the information displayed on the screen. An effective technical means for the better recognition of input errors can be the enlargement function of the browser, with whose assistance the representation on the screen is enlarged. Within the framework of the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks on the button completing the ordering process.
2.6 The German and English languages are available for the conclusion of the contract.
2.7 The order processing and establishment of contact usually take place by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct, so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all