Table of Contents
Scope of Application
Conclusion of Contract
Right of Withdrawal
Prices and Payment Conditions
Delivery and Shipping Conditions
Retention of Title
Liability for Defects (Warranty)
Liability
Redemption of Promotional Vouchers
Redemption of Gift Vouchers
Applicable Law
Alternative Dispute Resolution
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter “GTC”) of Fatih Demirci, trading under “Miss Lima Bridal and Evening Wear” (hereinafter “Seller”), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter “Customer”) concludes with the Seller regarding the goods presented in the Seller’s online shop. The inclusion of the Customer’s own conditions is hereby rejected, unless otherwise agreed.
1.2 These GTC shall also apply to contracts for the delivery of vouchers, unless otherwise stipulated.
1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.
1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade, business, or profession.
2) Conclusion of Contract
2.1 The product descriptions in the Seller’s online shop do not constitute binding offers on the part of the Seller but serve for the submission of a binding offer by the Customer.
2.2 The Customer may submit the offer via the online order form integrated into the Seller’s online shop. By placing the selected goods in the virtual shopping cart, going through the electronic ordering process, and clicking the button that concludes the ordering process, the Customer submits a legally binding offer to purchase the goods in the shopping cart.
2.3 The Seller may 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 receipt of the order confirmation by the Customer is decisive, or
• delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive, or
• requesting payment from the Customer after placing the order.
If several of the above alternatives occur, the contract is concluded at the time when one of the alternatives occurs first. The period for acceptance of the offer begins the day after the Customer submits the offer and ends at the end of the fifth day following submission. If the Seller does not accept the Customer’s offer within this period, this shall be deemed a rejection of the offer, and the Customer shall no longer be bound by their declaration of intent.
2.4 If a payment method offered by PayPal is selected, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), under 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 – under the conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays via a PayPal payment method selectable in the online order process, the Seller already declares acceptance of the Customer’s offer at the moment the Customer clicks the button that concludes the order process.
2.5 When submitting an offer via the Seller’s online order form, the contract text will be stored by the Seller after conclusion of the contract and sent to the Customer in text form (e.g., e-mail, fax, or letter) after sending the order. The Seller does not provide any further access to the contract text. If the Customer has set up a user account in the Seller’s online shop before submitting their order, the order data will be archived on the Seller’s website and can be accessed by the Customer free of charge via their password-protected user account using the corresponding login data.
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. A useful technical means for better recognition of input errors can be the browser’s zoom function, which enlarges the display on the screen. The Customer can correct their entries within the electronic ordering process using the usual keyboard and mouse functions until they click the button concluding the ordering process.
2.7 Different languages may be available for concluding the contract. The specific language selection is indicated in the online shop.
2.8 Order processing and contact generally take place via e-mail and automated order processing. The Customer must ensure that the e-mail address provided for order processing is correct so that 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 third parties engaged by the Seller for order processing can be delivered.
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