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Terms and conditions

Table of contents

  1. Scope of application
  2. Conclusion of contract
  3. Right of withdrawal
  4. Prices and terms of payment
  5. Delivery and shipping conditions
  6. Retention of title
  7. Liability for defects (warranty)
  8. Redemption of promotional vouchers
  9. Applicable law
  10. Alternative dispute resolution


1) Scope of application

1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of the company Halil Atmaca (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 store. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.


1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession.


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


2) Conclusion of contract

2.1 The product descriptions contained in the seller's online store do not constitute 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 into the seller's online store. After placing the selected goods and/or services in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods and/or services contained in the shopping cart by clicking the “Order with costs” button at the end of 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 in this respect, 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 the customer has placed the order.

If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer 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 consequence that the Customer is no longer bound by his declaration of intent.


2.4 If a payment method offered by PayPal is selected, payment shall 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 (hereinafter referred to as “PayPal”), subject to the PayPal Terms of Use, available 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 and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays by means of a payment method offered by PayPal that can be selected in the online ordering process, the seller already declares acceptance of the customer's offer at the time the customer clicks the button that completes the ordering process.


2.5 When an offer is submitted via the Seller's online order form, the text of the contract is saved by the Seller and sent to the Customer in text form (e.g. e-mail, fax or letter) after the order has been sent, together with these GTC. In addition, the text of the contract is archived on the seller's website and can be accessed by the customer free of charge via his password-protected customer account by entering the corresponding login data, provided that the customer has created a customer account in the seller's online store before sending his order.


2.6 Before submitting a binding order 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 of better recognizing input errors can be the browser's magnification function, which enlarges the display on the screen. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.


2.7 The German language is available for the conclusion of the contract.


2.8 Order processing and contact are generally carried out 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 e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.


3) Right of withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.


3.2 Further information on the right of withdrawal can be found in the seller's withdrawal policy.


3.3 The right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.


4) Prices and terms of payment

4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices. Value added tax is not shown, as the seller is a small business within the meaning of the UStG. 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 for which the seller is not responsible and which are to 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 be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union but the customer makes the payment from a country outside the European Union.


2.2 The customer can submit the offer via the online order form integrated into the seller's online store.


After placing the selected goods and/or services in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods and/or services contained in the shopping cart by clicking the “Order with costs” button at the end of 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 in this respect, 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 the customer has placed the order. If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer.


5) Delivery and shipping conditions

5.1 Unless otherwise agreed, goods shall be delivered by dispatch to the delivery address specified by the customer. The delivery address specified in the seller's order processing is decisive for the processing of the transaction.


5.2 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had given him reasonable advance notice of the service. Furthermore, this does not apply with regard to the costs for the return shipment if the customer effectively exercises his right of withdrawal. If the customer effectively exercises his right of withdrawal, the provision in the seller's withdrawal policy shall apply to the return costs.


5.3 Self-collection is not possible for logistical reasons.


6) Retention of title

If the seller makes advance payment, he shall retain title to the delivered goods until the purchase price owed and all associated costs and expenses have been paid in full.


7) Liability for defects (warranty)

Unless otherwise stated in the following provisions, the provisions of statutory liability for defects shall apply. This shall not apply to contracts for the delivery of goods:


7.1 If the customer acts as an entrepreneur,


the seller has the choice of the type of subsequent performance;

in the case of new goods, the limitation period for defects is one year from delivery of the goods;

in the case of used goods, the rights and claims for defects are excluded;

the limitation period shall not recommence if a replacement delivery is made as part of the liability for defects.

7.2 The aforementioned limitations of liability and shortening of the limitation period shall not apply


to claims for damages and reimbursement of expenses by the customer,

in the event that the seller has fraudulently concealed the defect,

for goods that have been used for a building in accordance with their normal use and have caused its defectiveness,

for any existing obligation of the seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.

7.3 In addition, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse shall remain unaffected.


7.4 If the contract is a business-related transaction for both parties within the meaning of Section 343 (2) AT-UGB, the customer shall be subject to the commercial obligation to inspect and give notice of defects pursuant to Section 377 AT-UGB. If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.


7.5 If the customer is acting as a consumer, he is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer fails to do so, this shall have no effect on his statutory or contractual claims for defects.


8) Redemption of promotional vouchers

8.1 Vouchers that are issued free of charge by the seller as part of promotional campaigns with a specific period of validity and that cannot be purchased by the customer (hereinafter “promotional vouchers”) can only be redeemed in the seller's online store and only during the specified promotional period.


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


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


8.4 Only one promotional voucher can be redeemed per order.


8.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.


8.6 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 selected to settle the difference.


8.7 The balance of a promotional voucher is neither paid out in cash nor does it bear interest.


8.8 The promotional voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of his statutory right of withdrawal.


8.9 The promotional voucher is only intended for use by the person named on it. The promotional voucher may not be transferred to third parties. The seller is entitled, but not obliged, to check the material eligibility of the respective voucher holder.


9) Applicable law

9.1 The law of the Republic of Austria shall apply to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.


9.2 Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.


10) Alternative dispute resolution

10.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr


This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.


10.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.