General terms and conditions of business
General terms and conditions of business
from Sinosh, owner Amrush Osmani
§1 Validity towards entrepreneurs and definitions of terms
(1) The following general terms and conditions apply to all deliveries between the seller (Sinosh, owner Amrush Osmani) and a consumer in the version valid at the time of the order. The inclusion of the customer's own terms and conditions is hereby objected to, unless otherwise agreed.
(2) A consumer is any natural person who concludes a legal transaction for purposes that cannot primarily be attributed to their commercial or independent professional activity (§ 13 BGB).
(3) An entrepreneur 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 a contract, storage of the contract text
(1) The following regulations regarding the conclusion of the contract apply to orders via our online shop sinosh.de
(2) If the contract is concluded, the contract comes with it
Sinosh
Amrush Osmani
Vineyard Street 62
76530 Baden-Baden
conditions.
(3) The presentation of the goods in our online shop does not constitute a legally binding contractual offer on our part, but is only a non-binding invitation to the consumer to order goods. By ordering the desired goods, the consumer makes a binding offer to conclude a purchase contract.
(4) When an order is received in our online shop, the following regulations apply: The consumer submits a binding contractual offer by successfully completing the ordering procedure provided in our online shop.
The order takes place in the following steps:
1) Selection of the desired goods
2) Confirm by clicking the “Order” button
3) Checking the information in the shopping cart
4) Press the “checkout” button
5) Register in the online shop after registering and entering the registration details (email address and password).
6) Re-checking or correcting the respective data entered.
7) Binding dispatch of the order by clicking the “order for a fee” or “buy” button
Before the order is bindingly sent, the consumer can go back to the website on which the customer's information is recorded and correct input errors by pressing the "Back" button in the Internet browser he is using and after checking his details Closing the internet browser will cancel the ordering process. We confirm receipt of the order immediately by an automatically generated email (“order confirmation”). With this we accept your offer.
(5) If you select a payment method offered by PayPal, payment will be processed via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal terms and conditions. Terms of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - under the terms and conditions for payments without a PayPal account at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller declares acceptance of the customer's offer at the moment the customer clicks the button that completes the ordering process.
(6) Storage of the contract text for orders via our online shop: We save the contract text and send you the order data and our general terms and conditions by email. You can view the terms and conditions at any time on our website. You can view your past orders in our customer area.
§ 3 Prices, shipping costs, payment, due date
(1) Unless otherwise stated in the seller's product description, the prices stated are total prices. Sales tax is not shown because the seller is a small business owner within the meaning of the UStG. In addition, there are shipping costs of €4.99 for shipping within Germany. Shipping within Germany is free for orders over €50.00. For an order after Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom will be charged €13.99 plus the order value. For orders to another country the seller must be contacted.
(2) The consumer has the option of paying in advance, PayPal, Klarna, credit card (Visa), Shopify Payments.
(3) If the consumer has chosen to pay in advance, he undertakes to pay the purchase price immediately after conclusion of the contract.
(4) If you select the payment method “SOFORT”, payment is processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter “SOFORT”). In order to be able to pay the invoice amount via “SOFORT”, the customer must have an online banking account activated for participation in “SOFORT”, identify themselves accordingly during the payment process and confirm the payment instruction to “SOFORT”. The payment transaction will be carried out immediately afterwards by “SOFORT” and the customer’s bank account will be debited. The customer can find further information about the “SOFORT” payment method online at https://www.klarna.com/sofort/.
(5) If you select a payment method offered via the payment service “Shopify Payments”, payment is processed via 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 via Shopify Payments are communicated to the customer in the seller's online shop. To process payments, Stripe may use other payment services to which special payment conditions may apply, to which the customer may be notified separately. Further information about “Shopify Payments” is available online at https://www.shopify.com/legal/terms-payments-de.
(6) If you select a payment method offered via the “Klarna” payment service, payment is processed via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter “Klarna”).
§4 Delivery
(1) Unless we have clearly stated otherwise in the product description, all items we offer are ready for dispatch within 1-2 days. Delivery takes place within 2-4 working days at the latest. In the case of payment in advance, the deadline for delivery begins on the day after the payment order is sent to the bank responsible for the transfer and, for all other payment methods, on the day after the contract is concluded. If the deadline falls on a Saturday, Sunday or public holiday at the delivery location, the deadline ends on the next working day.
(2) If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the shipping costs if the customer effectively exercises his right of cancellation. If the customer effectively exercises the right of cancellation, the return shipping costs will be subject to the provisions set out in the seller's cancellation policy.
(3) If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold is transferred to the customer as soon as the seller has delivered the item to the freight forwarder, the freight carrier or the person or institution otherwise designated to carry out the shipment . If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold is generally only transferred when the goods are handed over to the customer or a person authorized to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the goods sold, even in the case of consumers, passes to the customer as soon as the seller has delivered the item to the freight forwarder, the freight carrier or the person or institution otherwise designated to carry out the shipment, if the The customer commissions the freight forwarder, the freight forwarder or the other person or institution designated to carry out the shipment to carry out the shipment and the seller has not previously named this person or institution to the customer.
(4) The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery. This only applies in the event that the non-delivery is not the fault of the seller and the seller has concluded a specific cover transaction with the supplier with due care. 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 consideration will be refunded immediately.
§5 Retention of title
We reserve ownership of the goods until the purchase price has been paid in full.
§6 Liability for defects (warranty)
(1) Unless otherwise stated in the following regulations, the provisions of statutory liability for defects apply. Deviating from this, the following applies to contracts for the delivery of goods:
(2) If the customer acts as an entrepreneur,
- the seller has the choice of the type of supplementary performance;
- For new goods, the limitation period for defects is one year from delivery of the goods;
- In the case of used goods, rights and claims due to defects are excluded;
- the statute of limitations does not begin again if a replacement delivery is made within the scope of liability for defects.
(3) The limitations of liability and shortening of deadlines regulated above do not apply
- for claims for damages and reimbursement of expenses by the customer,
- in the event that the seller fraudulently concealed the defect,
- for goods that have been used for a building in accordance with their normal use and have caused the building to be defective,
- for any obligation of the seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.
(4) Furthermore, for entrepreneurs, the statutory limitation periods for any existing legal recourse claim remain unaffected.
(5) If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he is subject to the commercial obligation to investigate and report complaints in accordance with Section 377 of the German Commercial Code (HGB). If the customer fails to comply with the reporting obligations regulated there, the goods are deemed to have been approved.
(6) If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply with this, this will have no impact on his legal or contractual claims for defects.
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§ 7 Right of withdrawal of the customer as a consumer:
Right of Withdrawal
Consumers have a right of withdrawal in accordance with the following provisions, whereby a consumer is any natural person who concludes a legal transaction for purposes that cannot predominantly be attributed to either their commercial or their independent professional activity:
Right of withdrawal
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reasons.
The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods.
In order to exercise your right of withdrawal, you must contact us
Sinosh
Amrush Osmani
Weinbergstrasse 62
76530 Baden-Baden
Email: info@sinosh.de
inform you of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or email). You can use the attached sample cancellation form, although this is not mandatory.
Consequences of revocation
If you cancel this contract, we will refund to you all payments we have received from you of the delivery costs (with the exception of any additional costs arising from you choosing a method of delivery other than the cheapest standard delivery offered by us ), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment.
We may refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of your cancellation of this contract. The deadline is met if you send the goods before the fourteen day period has expired.
You bear the direct costs of returning the goods.
Exclusion or premature expiry of the right of withdrawal
The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
End of revocation
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§8 Cancellation form
Sample cancellation form
(If you want to cancel the contract, please fill out this form and send it back.)
At :
Sinosh
Amrush Osmani
Weinbergstrasse 52
76530 Baden-Baden
Email: info@sinosh.de
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
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Ordered on (*)/received on (*)
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Name of the consumer(s)
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Address of the consumer(s)
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Signature of the consumer(s) (only for paper notification)
__________________
Date
__________________
(*) Delete what is not applicable.
§9 Applicable law
(1) The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.
(2) Furthermore, with regard to the statutory right of withdrawal, this choice of law 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 is outside the European Union at the time the contract is concluded.
§10 Alternative dispute resolution
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.
The seller is neither obliged nor willing to take part in a dispute resolution procedure before a consumer arbitration board.
§11 Contract language
As contract language german will be available exclusively.
§ 12 Customer service
Our customer service for questions, complaints and objections is available to you at the email address info@sinosh.de .