Terms and Conditions and Customer Information

General Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Fundamental Provisions

(1) The following terms and conditions apply to contracts you conclude with us as the provider (Ferhat Cicek) via the website Cardclash.de. Unless otherwise agreed, the inclusion of any terms and conditions you may use is hereby rejected.

(2) For the purposes of the following regulations, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their independent professional or commercial activity.

§ 2 Conclusion of Contract

(1) The subject of the contract is the sale of goods .

Our offers on the internet are non-binding and do not constitute a binding offer to conclude a contract.

(2) You can submit a binding purchase offer (order) via the online shopping cart system.
The goods intended for purchase are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time. After clicking the "Checkout" or "Proceed to Order" button (or similar designation) and entering your personal data, as well as the payment and shipping conditions,
 the order data will be displayed to you as an order summary. 
  Before submitting the order, you have the opportunity to review the details in the order summary, change them (also via the "back" function of your internet browser) or cancel the order.
By submitting the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order for a fee" or similar designation), you submit a binding offer to us.
(3) Acceptance of the offer (and thus the conclusion of the contract) takes place immediately after the order by confirmation in text form (e.g., e-mail), in which the execution of the order or delivery of the goods is confirmed to you (order confirmation).
Should you not have received a corresponding message, you are no longer bound by your order. Any services already rendered will be refunded immediately in this case.

(4) The processing of the order and the transmission of all information required in connection with the conclusion of the contract takes place partly automatically via e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, is not prevented by SPAM filters.

§ 3 Special Agreements on Payment Methods Offered

(1) Payment via "PayPal" / "PayPal Checkout"
If you select a payment method offered via "PayPal" / "PayPal Checkout", payment processing will be handled by the payment service provider PayPal (Europe S.à.r.l. et Cie, S.C.A., 22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" are displayed to you under a correspondingly designated button on our website and in the online ordering process. For payment processing, "PayPal" may use other payment services; insofar as special payment conditions apply, you will be informed of these separately. Further information on "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.


(2) Payment via "Mollie"
If you choose a payment method offered via "Mollie", payment processing will be handled by the payment service provider Mollie B.V. (Keizersgracht 313, 1016 EE Amsterdam, Netherlands; "Mollie").
The individual payment methods via "Mollie" are displayed to you under a correspondingly designated button on our website and in the online ordering process. For payment processing, "Mollie" may use other payment services; insofar as special payment conditions apply, you will be informed of these separately. Further information on "Mollie" can be found at https://www.mollie.com/de.
 
(3) Payment via "Shopify Payments"
If you select a payment method offered via "Shopify Payments", the Shopify Payments service of Shopify International Limited (2nd Floor Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland), payment processing will be handled by the payment service provider Stripe Payments Europe, Ltd. (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland; "Stripe"). The individual payment methods via Shopify Payments are displayed to you under a correspondingly designated button on our website and in the online ordering process. For payment processing, Stripe may use other payment services; insofar as special payment conditions apply, you will be informed of these separately. Further information on Shopify Payments can be found at https://www.shopify.com/de/legal/terms-payments/de.


§ 4 Right of Retention, Retention of Title

(1) You can only exercise a right of retention if the claims arise from the same contractual relationship.

(2) The goods remain our property until full payment of the purchase price.

§ 5 Warranty

(1) Statutory liability rights for defects apply.

(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty claims.

(3) Insofar as a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed of it by us prior to submitting your contractual declaration and the deviation was expressly and separately agreed upon between the contracting parties.

§ 6 Choice of Law

(1) German law applies. For consumers, this choice of law only applies to the extent that the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favorability).

(2) The provisions of the UN Convention on Contracts for the International Sale of Goods are expressly excluded.





II. Customer Information

1. Identity of the Seller

Ferhat Cicek
Hainerweg , 1
35435 Wettenberg
Germany
Phone: +4964197264936
Email: kontakt@cardclash.de



We are not willing and not obliged to participate in dispute resolution proceedings before consumer arbitration boards.

2. Information on the Conclusion of the Contract

The technical steps for the conclusion of the contract, the conclusion of the contract itself, and the correction options are carried out in accordance with the regulations "Conclusion of Contract" of our General Terms and Conditions (Part I).

3. Contract Language, Storage of Contract Text

3.1. The contract language is German .

3.2. We do not store the complete contract text. Before submitting the order via the online shopping cart system, the contract data can be printed out using the browser's print function or saved electronically. After we receive the order, the order data, the legally required information for distance contracts, and the General Terms and Conditions will be sent to you again by e-mail.

4. Essential Characteristics of the Goods or Services

The essential characteristics of the goods and/or services can be found in the respective offer.

5. Prices and Payment Methods

5.1. The prices stated in the respective offers and the shipping costs are total prices. They include all price components, including all applicable taxes.

5.2. The incurred shipping costs are not included in the purchase price. They can be accessed via a correspondingly designated button on our website or in the respective offer, will be shown separately during the ordering process and must be borne by you in addition, unless free shipping is promised.

5.3. If delivery is made to countries outside the European Union, further costs may arise for which we are not responsible, such as customs duties, taxes or money transfer fees (bank transfer or exchange rate fees of credit institutions), which must be borne by you. 

5.4. Any costs incurred for money transfer (bank transfer or exchange rate fees of credit institutions) are to be borne by you in cases where delivery is made to an EU member state, but payment was initiated outside the European Union.

5.5. The payment methods available to you are indicated under a correspondingly designated button on our website or in the respective offer.

5.6. Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.

6. Delivery Conditions

6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.

6.2. If you are a consumer, it is legally stipulated that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.

7. Statutory Liability for Defects

Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).

These General Terms and Conditions and customer information were created by the lawyers specializing in IT law of Händlerbund and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and is liable in case of warnings. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.

Last updated: 22.10.2024


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