GENERAL TERMS AND CONDITION
Çağıl Çayır
Status 01.06.2020
1 General Terms and Conditions
1.1 Basic principles
These General Terms and Conditions (GTC) govern the rights and obligations of the company Çağıl Çayır and consumers in connection with orders placed via the online store and in business transactions, unless expressly agreed otherwise. These GTC shall also apply to future business relationships with entrepreneurs without the need to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they shall only become part of the contract if Çağıl Çayır has expressly agreed to them in text form.
1.2 Scope and duration of validity and decision-makers
These General Terms and Conditions form the basis for all commercial services such as the manufacture, sale and delivery of movable objects and apply for an indefinite period of time as well as for services provided once. Only the management decides on legal transactions.
2 Conclusion of contract
2.1 Contract (offer and acceptance)
2.1.1 Offer
Anyone can submit their declaration of intent to conclude a contract verbally (in person at the entrepreneur’s place of business or by telephone) or in writing (via the website, WhatsApp, by email, fax, Instagram, Facebook, Ebay, etc.) (offer), provided they are of legal age and have legal capacity.
2.1.2 Acceptance
The offer is accepted in the same way as the declaration of intent. Mere acceptance does not mean that a legally effective contract has been concluded; it is merely a promise that the goods can only be produced and dispatched after successful transfer of the invoice amount
2.2 Legal validity of the contract
2.2.1 Products in the online store
The presentation of the products in the online store does not constitute a legally binding offer, but only an invitation to submit an offer.
2.2.2 Rejection of the offer by Çağıl Çayır
The Contractor may reject the offer without stating reasons if the acquisition costs for the manufacture of the product (irrespective of the quantity ordered) significantly exceed the sales price, or materials are not available or the time required is not economical, or because reservations are due at that time which must be given priority.
2.3 Contract language
The contract language is German.
3 Terms of payment and delivery, shipping costs
3.1 Terms of payment
Çağıl Çayır only accepts advance payment for orders in the online store.
3.2 Invoice amount
The invoice amount is made up of the order value and shipping costs
3.3 Terms of delivery
The goods are generally ready for dispatch within three days of the order being placed in the online store, depending on the cost and after receipt of the invoice amount.
3.4 Shipping costs
3.4.1 Shipping costs for orders in the online store
The customer bears the shipping costs for orders in the online store.
3.4.2 Shipping costs for self-collection
No shipping costs for self-collection in the shop
3.4.1 Purchase in advance and collection from the store
When ordering in the online store, the customer is obliged to pay in advance (prepayment). For orders in the online store, shipping costs are only waived if the customer wishes to collect the goods from the store in Cologne-Nippes. If the customer does request shipment, he must first transfer the shipping costs to the provider’s account. The order is not canceled by non-payment of the shipping costs, but the customer is also not entitled to shipping or to a refund of the invoice amount.
3.4.2 Retention period in the event of non-collection
The order, if it is food, will be kept for three months and then disposed of. For all other personalized items, the storage period is approximately six months.
3.4.3 Reimbursement of shipping costs in the event of non-collection
If the customer has ordered the goods in the online store and paid the invoice amount and shipping costs by bank transfer, but wishes to collect the goods in the store, only the shipping costs will be refunded by bank transfer. Shipping costs will only be refunded by bank transfer – no cash payment in the store.
3.5 Cancellation of the order by the entrepreneur
3.5.1 Cancellation due to late payment
If the customer does not pay the invoice amount (order value and shipping costs) within 14 days of placing the order in the online store, the order will be deleted from the system. Orders from customers who place an order but do not meet their payment obligation and repeat this process conspicuously will also be canceled.
3.5.2 Reversal of the cancellation
It is no longer possible to reverse a canceled order. The customer must place the order again.
3.5.3 Disadvantages of cancelation
The customer shall not suffer any disadvantages as a result of the cancellation by the entrepreneur.
3.6 Cancellation of the order by the customer
The customer may cancel the order within 14 days if he has not made any payment.
3.6.1 Effective exclusion of cancellation
If the customer has placed the order and made the payment, the right to cancel does not apply, as the goods are customized.
4 Retention of title
Ownership is transferred to the buyer after advance payment of the invoice amount.
5 Right of withdrawal according to § 356 BGB
5.1 Right of withdrawal for off-premises purchases
The entrepreneur shall grant the consumer the option of exercising his right of revocation for contracts concluded outside of business premises and distance selling contracts in accordance with § 356 BGB.
5.2 Start of the period
The period begins after conclusion of the purchase contract in the online store (without having paid the invoice amount and the shipping costs).
5.3 Effective exclusion of the right of withdrawal
The right of withdrawal does not apply if the customer has transferred the order amount and the goods have been custom-made according to personal wishes (color, shape, characteristics, quality and engraving such as name, date of birth, personal phrases).
6 Prices
6.1 Product prices
Each item in the online store is marked with a price.
6.2 Prices for individualized products
The pricing of individualized products depends on various factors. As the surcharge depends on the customer’s wishes, it can only be determined on request. General pricing is therefore not possible.
7 Shipping costs
7.1 Amount of shipping costs
The shipping costs are 6.00 Euro per order.
7.2 Carrier of the shipping costs
The buyer bears the shipping costs.
8 Claims for defects and warranty
8.1 Returns / shipping costs
8.1.1 Defective goods
The goods are sent to the post office in perfect condition and the buyer has the right to return the goods and receive new goods in return. The shipping costs are borne by the company
8.1.2 Incorrect delivery
Incorrect delivery of goods is considered a reason for return. The shipping costs shall be borne by the company.
8.2 Excluded from returns
8.2.1 Foodstuffs
Goods that contain even a tiny amount of food are excluded from return for health and hygiene reasons.
8.2.2 Customized items
Customized goods are excluded from exchange.
8.2.3 Color differences are not defects
Depending on the recording and playback device, the image of the goods in the online store may appear different in color. The difference does not constitute a defect and is also excluded from return.
8.3 40 EUR clause (§ 357 II BGB)
8.3.1 Gross price up to EUR 40.00
For goods with a value of up to EUR 40.00, the buyer bears the return costs, unless the goods are not affected by the right of return and withdrawal, such as custom-made goods, color selection, etc.
8.3.1 Gross price over 40.00 EUR
If the gross price of the goods is more than EUR 40.00 and they are not excluded from the obligation to return, the entrepreneur shall bear the return costs if the buyer has paid for the goods before the entrepreneur receives the declaration of withdrawal. If the buyer has not paid for the goods and withdraws, he must bear the return costs. The right of withdrawal is excluded. If the buyer has paid for the goods and
9 Dispute resolution
The EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. Further information is available at the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board
