General Terms and Conditions
1. Scope of application
The following Terms and Conditions apply to all orders placed by consumers and entrepreneurs via our online shop.
A consumer is any natural person who enters into a legal transaction for purposes that predominantly are outside their trade, business or profession. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in exercise of their trade or self-employed professional activity.
With respect to entrepreneurs, the following applies: If the entrepreneur uses conflicting or supplementary General Terms and Conditions, their validity is hereby rejected; they only become part of the contract if we have expressly agreed to them.
2. Contracting party, conclusion of contract, correction options
The purchase contract is concluded with Bal Kayseri Einzel- & Großhandel.
By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You may place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking the order button. Immediately after submitting the order, you will receive another confirmation by e-mail.
3. Contract language, storage of contract text
The following language(s) are available for concluding the contract: German, English
We store the contract text and send you the order data and our Terms and Conditions in text form. You can view the contract text in our customer login.
4. Delivery conditions
In addition to the product prices indicated, shipping costs will be added. You can find out more about the amount of the shipping costs in the respective offers.
You can generally choose to collect your order from Murat Aras Bal Kayseri, Marktstrasse 10, Köln, Germany during the business hours specified below: within two days
5. Payment
In our shop, the following payment methods are generally available to you:
Advance payment
If you choose advance payment, we will provide you with our bank details in a separate e-mail and deliver the goods after receipt of payment.
Credit card
When you submit your order, you also provide your credit card details. After your legitimation as the lawful cardholder, the payment transaction will be carried out automatically and your card will be charged.
Sofort by klarna
After submitting the order, you will be redirected to the website of the online provider Sofort GmbH. In order to be able to pay the invoice amount via Sofort, you must have a bank account enabled for online banking, identify yourself accordingly and confirm the payment instruction to us. You will receive further information during the order process. The payment transaction will then be carried out immediately by Sofort and your account will be debited.
6. Right of withdrawal
Consumers have the statutory right of withdrawal as described in the instructions on the right of withdrawal. Entrepreneurs are not granted a voluntary right of withdrawal.
7. Transport damage
For consumers, the following applies: If goods are delivered with obvious transport damage, please complain about such defects to the delivery agent as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your statutory claims and their enforcement, in particular your warranty rights. However, you help us to assert our own claims against the carrier or the transport insurance.
8. Warranty and guarantees
Unless expressly agreed otherwise below, the statutory law on liability for defects shall apply.
When purchasing used goods by consumers, the following applies: if the defect occurs after the expiry of one year from delivery of the goods, claims for defects are excluded. Defects that occur within one year from delivery of the goods can be asserted within the statutory limitation period of two years from delivery of the goods.
For entrepreneurs, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk. The sale of used goods takes place with the exclusion of any warranty. The statutory limitation periods for the right of recourse pursuant to section 445a BGB remain unaffected.
With respect to entrepreneurs, only our own specifications and the manufacturer's product descriptions that have been included in the contract shall be deemed agreed as to the quality of the goods; we assume no liability for public statements made by the manufacturer or other advertising statements.
If the delivered item is defective, we shall initially provide a warranty to entrepreneurs, at our discretion, by remedying the defect (rectification) or by delivering a defect-free item (replacement delivery).
The above restrictions and shortening of limitation periods do not apply to claims based on damage caused by us, our legal representatives or vicarious agents
• in case of injury to life, limb or health
• in case of intentional or grossly negligent breach of duty and fraudulent intent
• in case of breach of essential contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations)
• within the scope of a guarantee, if agreed, or
• insofar as the scope of application of the Product Liability Act is opened.
Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.
9. Liability
For claims based on damage caused by us, our legal representatives or vicarious agents, we are always liable without limitation
• in case of injury to life, limb or health
• in case of intentional or grossly negligent breach of duty
• in case of guarantee promises, if agreed, or
• insofar as the scope of application of the Product Liability Act is opened.
In the event of breach of essential contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations), due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability is limited to the amount of the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.
10. Dispute resolution
The European Commission provides a platform for online dispute resolution (ODR), which you can find here. We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
11. Final provisions
If you are an entrepreneur, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
The Terms and Conditions were created with the Trusted Shops legal text generator in cooperation with FÖHLISCH Rechtsanwälte.
