General terms and conditions of business

General terms and conditions of business
from Sinosh, owner Amrush Osmani

§1 Applicability to entrepreneurs and definitions

(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 rejected, unless otherwise agreed.

(2) A consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity (Section 13 of the German Civil Code).

(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 his or her commercial or independent professional activity.

§2 Formation of a contract, storage of the contract text

(1) The following provisions on the conclusion of the contract apply to orders via our online shop sinosh.de

(2) In case of conclusion of the contract, the contract is concluded with
Sinosh
Amrush Osmani
Weinbergstraße 62
76530 Baden-Baden

came about.

(3) The presentation of the goods in our online shop does not constitute a legally binding contractual offer on our part, but is merely 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 process provided in our online shop.

The order is placed 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 button "Checkout"
5) Login to the online shop after registering and entering your login details (email address and password).
6) Re-checking or correcting the respective data entered.
7) Binding submission of the order by clicking on the button “order with payment” or “buy”

Before bindingly submitting the order, the consumer can return to the website on which the customer's details are recorded by pressing the "Back" button in the Internet browser they are using after checking their details and correct any input errors or cancel the order process by closing the Internet browser. We will immediately confirm receipt of the order by sending an automatically generated email ("order confirmation"). This is our acceptance of 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 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 - subject to the conditions for payments without a PayPal account, which can be viewed 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 hereby declares acceptance of the customer’s offer at the time 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 also view the general terms and conditions on our website at any time. You can view your past orders in our customer area.

§ 3 Prices, shipping costs, payment, due date

(1) Shipping takes place within Germany and the EU. Unless the seller's product description states otherwise, the prices quoted are total prices. Sales tax is not shown, as the seller is a small business within the meaning of the VAT Act. In addition, there are shipping costs of €4.99 for shipping within Germany. Shipping within Germany is free for orders over €25.00. Shipping for the EU is €14.49. For orders to another country, the seller must be contacted.

(2) The consumer has the option of paying in advance, via 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 “SOFORT” payment method, payment processing will be carried out by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter “SOFORT”). In order 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 then be carried out immediately by “SOFORT” and the customer’s bank account will be debited. The customer can find more information about the “SOFORT” payment method on the Internet at https://www.klarna.com/sofort/.

(5) If you select a payment method offered via the "Shopify Payments" payment service, payment processing will be carried out by 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 will be communicated to the customer in the seller's online shop. To process payments, Stripe may use other payment services for which special payment terms may apply, to which the customer may be informed separately. Further information on "Shopify Payments" is available on the Internet at https://www.shopify.com/legal/terms-payments-de.

(6) If you select a payment method offered via the “Klarna” payment service, payment processing will be carried out via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter “Klarna”).

§4 Delivery

(1) We deliver within Germany and the EU. For deliveries to another country, the seller must be contacted. Unless we have clearly stated otherwise in the product description, all items we offer are ready for dispatch within 1-2 days. Delivery within Germany takes place within 2-4 working days at the latest (not including Sundays and public holidays). Within the EU, delivery takes place within 2-8 working days (not including Sundays and public holidays). In the case of payment in advance, the delivery period 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 place of delivery, the deadline ends on the next working day.

(2) If the 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 to the costs of delivery if the customer effectively exercises his right of withdrawal. If the customer effectively exercises his right of withdrawal, the provisions in the seller's cancellation policy apply to the return costs.

(3) If the customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold generally only passes when the goods are handed over to the customer or a person authorized to receive them. In derogation from this, the risk of accidental loss and accidental deterioration of the goods sold also passes to the customer in the case of consumers as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment, if the customer has commissioned the freight forwarder, the carrier or the person or institution otherwise designated 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 self-delivery. This only applies if the non-delivery is not the responsibility of the seller and the seller has concluded a specific hedging transaction with the supplier with due care. The seller will make all reasonable efforts to procure the goods. In the event of unavailability 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 provisions, the provisions of statutory liability for defects shall apply. 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 subsequent 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 limitation period 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 time limits set out above shall not apply

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

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

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

- 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 statutory 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 inspect and give notice of defects in accordance with Section 377 of the German Commercial Code (HGB). If the customer fails to comply with the notification obligations set out therein, the goods are deemed to have been approved.

(6) If the customer acts as a consumer, he is requested to complain to the deliverer about goods that have obvious transport damage and to inform the seller of this. If the customer does not do this, this will have no effect on his statutory or contractual claims for defects.
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§ 7 Right of withdrawal of the customer as a consumer:

Right of Withdrawal for Consumers

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 can predominantly neither be attributed to their commercial nor their independent professional activity:

cancellation policy

right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The cancellation period will expire after fourteen days from the day on which you acquire, or a third party other than the carrier designated by you acquires, physical possession of the goods.

To exercise your right of withdrawal, you must contact us

Sinosh
Amrush Osmani
Weinbergstraße 62
76530 Baden-Baden
E-Mail: info@sinosh.de

by means of a clear statement (e.g. a letter sent by post or email) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory.

consequences of revocation

If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund.

We may refuse repayment until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period.

You will bear the direct cost 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 which are not prefabricated and for whose production an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.

end of the cancellation policy
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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.)

To:
Sinosh
Amrush Osmani
Weinbergstraße 52
76530 Baden-Baden
E-Mail: 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 (*)

_____________________________________________________

Ordered on (*)/received on (*)

__________________

Name of the consumer(s)

_____________________________________________________

address of the consumer(s)


_____________________________________________________

Signature of the consumer(s) (only if notification is on paper)

__________________

Date

__________________

(*) Delete as appropriate.

§9 Applicable Law

(1) The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws governing the international sale of movable goods. For consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his or her habitual residence.

(2) Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who, at the time the contract is concluded, are not members of a member state of the European Union and whose sole place of residence and delivery address are 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 sales or service contracts involving a consumer.

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

§11 Contract Language

The contract language is exclusively German.

§ 12 Customer Service

Our customer service for questions, complaints and objections is available at the email address info@sinosh.de .