General terms and conditions of business

for the online shop at the URL

https://semerkandonline.com/

operated by

Erol Media GmbH
Kölner Str. 256
51149 Cologne
Email: service@erollmedien.de
Telephone number: 02203369490

- hereinafter: provider -

1. Scope

Once incorporated, these General Terms and Conditions (GTC) apply to all contracts concluded for the purchase of goods, services or other goods (hereinafter “goods”) in the online shop at the above URL in the version valid at the time the contract is concluded. These terms and conditions apply exclusively. Differing terms and conditions of the customer do not become part of the contract unless the provider expressly agrees to them.

2. Conclusion of contract

2.1 The offers in the online shop represent a non-binding invitation from the provider to online shop visitors to make an offer to purchase the goods offered in the shop.

2.2 The goods(s) are ordered via the provider's online order form. After selecting the desired product(s), entering all required information and completing all other mandatory steps in the ordering process, the selected goods can be ordered by clicking the order button at the end of the checkout page (order). By placing an order, the customer makes a binding contractual offer to purchase the selected product(s). The contract is concluded when the provider accepts the customer's offer. Acceptance occurs when the provider confirms the conclusion of the contract in writing or text form (e.g. by email) (order confirmation) and this order confirmation is sent to the customer or by delivering the ordered goods and these goods are received by the customer or by asks the customer to pay (e.g. invoice or credit card payment in the ordering process) and the payment request is received by the customer; The decisive factor for the time of conclusion of the contract is the time at which one of the alternatives mentioned in the first half-sentence occurs for the first time.

2.3 Before bindingly submitting the order via the provider's online order form, the customer can check his entries and correct them at any time using the usual keyboard, mouse, touch or other available input functions. In addition, all entries are displayed again in a confirmation window before the order is bindingly submitted and can also be corrected there using the usual keyboard, mouse, touch or other available input functions.

2.4 The provider will save the contract text after the contract has been concluded and send it to the customer in text form (e.g. by email). The provider will not make the contract text available beyond this. If the purchase was made via a customer account in the online shop, the customer can view their orders and the associated order data there.

2.5 The following languages ​​are available for concluding the contract: German, Turkish

3. Right of withdrawal for consumers

Consumers generally have a right of withdrawal for contracts concluded outside of business premises and for distance selling contracts. A consumer is any natural person who concludes a legal transaction for purposes that cannot primarily be attributed to their commercial or independent professional activity. Details can be found in the cancellation policy, which is made available to every consumer at the latest immediately before the contract is concluded.

4. Payment, default

4.1 The prices listed in the online shop at the time of ordering apply. All prices include VAT and plus any shipping costs listed. The customer is informed about the available payment options in the provider's online shop.

4.2 If “advance payment” has been agreed, the purchase price is due immediately after conclusion of the contract.

4.3 If “purchase on account/invoice purchase” has been agreed, payment is due immediately after conclusion of the contract, unless a different payment term was specified in the invoice or in the purchase process.

4.4 If “SEPA direct debit” has been agreed, payment is due immediately after conclusion of the contract. Before the purchase price is debited, the customer is informed when he can expect the agreed purchase price to be debited (pre-notification). The direct debit will not take place before receipt of this pre-notification and not before the deadline specified in the pre-notification. If the direct debit fails due to insufficient funds in the account, incorrect bank details or other reasons for which the customer is responsible, the customer will be responsible for any chargeback fees that may arise, provided that he is responsible for the failure of the direct debit.

4.5 If payment by credit or debit card has been agreed, the purchase price is due immediately after conclusion of the contract.

4.6 If payment via “PayPal” has been agreed, the purchase price is due immediately after conclusion of the contract. Payment is processed via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg.

4.7 If “immediate transfer” has been agreed, the purchase price is due immediately after conclusion of the contract. Payment is processed via Sofort GmbH, Theresienhöhe 12, 80339 Munich.

4.8 If Giropay has been agreed, the purchase price is due immediately after the contract is concluded. Payment is processed via paydirect GmbH, Stephanstr. 14-16, 60313 Frankfurt am Main.

5. Retention of title

The purchased goods remain the property of the provider until the purchase price has been paid in full.

6. Delivery and reservation of self-delivery

6.1 Unless otherwise agreed, delivery will take place within the delivery time specified in the online shop to the delivery address specified by the customer. The applicable delivery times can be found in the online shop.

6.2 It is not possible to collect the purchased goods yourself.

6.3 If the provider cannot deliver the ordered goods because it was not delivered through no fault of its own, even though it concluded a congruent hedging transaction with a reliable supplier in a timely manner, the provider is released from its obligation to perform and can withdraw from the contract. The provider is obliged to inform the customer immediately about the impossibility of fulfilling the service. Any consideration already provided by the contractual partner will be reimbursed immediately. Mandatory consumer law remains unaffected by this paragraph.

7. Warranty

The provisions of statutory liability for defects apply.

8. Liability

8.1 The provider has unlimited liability:

• for damages resulting from injury to life, body or health that are based on an intentional or negligent breach of duty by the provider or an intentional or negligent breach of duty by a legal representative or vicarious agent of the provider;
• for damages that are based on an intentional or grossly negligent breach of duty by the provider or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the provider;
• based on a guarantee promise, unless any other regulation has been made in this regard;
• due to mandatory liability (e.g. according to the Product Liability Act)

8.2 If the provider negligently violates an essential contractual obligation, its liability is limited to the foreseeable damage typical for the contract, unless unlimited liability is granted in accordance with the previous paragraph. Essential contractual obligations are obligations that the contract imposes on the provider according to its content in order to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the customer can regularly rely.

8.3 Otherwise, liability of the provider as well as the liability of its vicarious agents and legal representatives is excluded.

9. Data protection

The provider treats the personal data of its customers confidentially and in accordance with statutory data protection regulations. For more information, please see the provider's privacy policy.

10. Final provisions

10.1 The law of the Federal Republic of Germany is applicable, excluding the UN Convention on Contracts for the International Sale of Goods, provided that this choice of law does not result in a consumer with a habitual residence in the EU being deprived of the mandatory legal provisions of the law of his or her country of residence.

10.2 If the customer is a merchant, a legal entity under public law or a special fund under public law, the court at the provider's registered office is responsible, unless an exclusive place of jurisdiction is established for the dispute. This also applies if the customer does not have a place of residence within the European Union. The location of our company can be found in the heading of these General Terms and Conditions.

10.3 To the extent that any provision of this contract is or becomes invalid or unenforceable, the remaining provisions of this contract remain unaffected.

11. Information on online dispute resolution/consumer arbitration

The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr .

The provider is not willing or obliged to take part in dispute resolution proceedings before a consumer arbitration board.

Our email address can be found in the heading of these terms and conditions.