Translation for your convenience. The German version is legally binding.
General Terms and Conditions
Table of contents
- Scope
- Conclusion of the contract
- Right of withdrawal
- Prices and terms of payment
- Terms of delivery and shipping
- Retention of title
- Liability for defects (statutory warranty)
- Redemption of promotional vouchers
- Redemption of gift vouchers
- Applicable law
- Alternative dispute resolution
1) Scope
1.1Β These General Terms and Conditions (hereinafter "GTC") of Ural Γzdemir, trading as "papeliercreative" (hereinafter "seller"), apply to all contracts for the delivery of goods which a consumer or trader (hereinafter "customer") concludes with the seller with regard to the goods presented by the seller in the seller's online shop. The inclusion of the customer's own terms and conditions is hereby rejected, unless otherwise agreed.
1.2Β These GTC apply accordingly to contracts for the delivery of vouchers, unless otherwise provided in this respect.
1.3Β A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity.
1.4Β A trader within the meaning of these GTC is a natural or legal person or a partnership with legal capacity which, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity.
2) Conclusion of the contract
2.1Β The product descriptions contained 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.
2.2Β The customer can submit the offer via the online order form integrated into the seller's online shop. In doing so, after placing the selected goods in the virtual shopping basket and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping basket by clicking the button that concludes the ordering process.
2.3Β The seller can 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 email), whereby receipt of the order confirmation by the customer is decisive in this respect, or
- by delivering the ordered goods to the customer, whereby receipt of the goods by the customer is decisive in this respect, or
- by requesting the customer to make payment after the customer has placed their order.
If several of the aforementioned alternatives apply, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer, with the consequence that the customer is no longer bound by their declaration of intent.
2.4Β If a payment method offered by PayPal is selected, payment is processed via the payment service provider PayPal (Europe) S.Γ r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to 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 β subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected in the online ordering process, the seller hereby declares, already at this stage, acceptance of the customer's offer at the point in time at which the customer clicks the button concluding the ordering process.
2.5Β When an offer is submitted via the seller's online order form, the text of the contract is stored by the seller after the conclusion of the contract and transmitted to the customer in text form (e.g. email, fax or letter) after the customer has sent their order. The seller does not make the text of the contract accessible beyond this. If the customer has set up a user account in the seller's online shop before sending their order, the order data are archived on the seller's website and can be accessed by the customer free of charge via their password-protected user account by entering the corresponding login data.
2.6Β Before bindingly submitting the order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better identifying input errors can be the browser's zoom function, with the help of which the display on the screen is enlarged. 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.
2.7Β Only the German language is available for the conclusion of the contract. Translations of these GTC and the other legal texts into other languages are for information purposes only. In the event of any discrepancies between the language versions, the German text shall prevail.
2.8Β Order processing and contact usually take place by email and automated order processing. The customer must ensure that the email address they provide for order processing is correct, so that the emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller with order processing can be delivered.
3) Right of withdrawal
3.1Β Consumers are generally entitled to a right of withdrawal.
3.2Β Further information on the right of withdrawal can be found in the seller's instructions on withdrawal.
4) Prices and terms of payment
4.1Β Unless otherwise stated in the seller's product description, the prices given are total prices that include the statutory value added tax. Any additional delivery and shipping costs that may be incurred are stated separately in the respective product description.
4.2Β In the case of deliveries to countries outside the European Union, further costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of money if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3Β The payment option(s) will be communicated to the customer in the seller's online shop.
4.4Β If payment in advance by bank transfer has been agreed, payment is due immediately after the conclusion of the contract, unless the parties have agreed a later due date.
5) Terms of delivery and shipping
5.1Β If the seller offers shipping of the goods, delivery will be made within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. The delivery address specified in the seller's order processing is decisive for the processing of the transaction.
5.2Β If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. With regard to the costs of the outward shipment, this does not apply if the customer effectively exercises their right of withdrawal. Where the customer effectively exercises the right of withdrawal, the provision made in this respect in the seller's instructions on withdrawal applies to the costs of return.
5.3Β If the customer acts as a trader, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has handed over the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold generally only passes upon handover of the goods to the customer or to a person authorised to receive them. In derogation from this, the risk of accidental loss and accidental deterioration of the goods sold also passes to the customer in the case of consumers as soon as the seller has handed over the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, if the customer has commissioned the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment with its execution and the seller has not previously named this person or institution to the customer.
5.4Β The seller reserves the right to revoke the contract in the event of incorrect or improper self-delivery. This applies only in the event that the non-delivery is not the seller's responsibility and the seller has concluded a specific covering transaction with the supplier with due care. The seller will make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed without undue delay and the consideration will be refunded without undue delay.
5.5Β Self-collection is not possible for logistical reasons.
5.6Β Vouchers are provided to the customer as follows:
- by email
6) Retention of title
If the seller makes advance performance, the seller retains title to the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (statutory warranty)
7.1Β Unless otherwise stated in the following provisions, the provisions of statutory liability for defects apply. In derogation from this, the following applies to contracts for the delivery of goods:
7.2Β If the customer acts as a trader,
- the seller has the choice of the type of subsequent performance;
- in the case of new goods, the limitation period for defects is one year from delivery of the goods;
- in the case of used goods, the rights and claims for defects are excluded;
- the limitation period does not start anew if a replacement delivery is made within the scope of liability for defects.
7.3Β The limitations of liability and shortenings of time limits set out above do not apply
- to claims of the customer for damages and for reimbursement of expenses,
- in the event that the seller has fraudulently concealed the defect,
- to goods which have been used for a building in accordance with their customary use and have caused its defectiveness,
- to any existing obligation of the seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.
7.4Β In addition, for traders, the statutory limitation periods for any existing statutory right of recourse remain unaffected.
7.5Β If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the customer is subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 HGB. If the customer fails to comply with the notification obligations set out therein, the goods are deemed to have been approved.
7.6Β If the customer acts as a consumer, the customer is requested to complain to the delivery agent about goods delivered with obvious transport damage and to inform the seller of this. If the customer fails to do so, this has no effect whatsoever on their statutory or contractual claims for defects.
8) Redemption of promotional vouchers
8.1Β Vouchers which are issued by the seller free of charge as part of promotional campaigns with a specific period of validity and which cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only within the specified period.
8.2Β Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotional voucher.
8.3Β Promotional vouchers can only be redeemed before the ordering process is completed. Subsequent offsetting is not possible.
8.4Β Only one promotional voucher can be redeemed per order.
8.5Β The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
8.6Β If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.
8.7Β The credit balance of a promotional voucher is neither paid out in cash nor does it bear interest.
8.8Β The promotional voucher will not be refunded if the customer returns goods paid for in full or in part with the promotional voucher within the scope of their statutory right of withdrawal.
8.9Β The promotional voucher is transferable. The seller may perform with discharging effect to the respective holder who redeems the promotional voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent lack of knowledge of the lack of entitlement, the legal incapacity or the lack of power of representation of the respective holder.
9) Redemption of gift vouchers
9.1Β Vouchers which can be purchased via the seller's online shop (hereinafter "gift vouchers") can only be redeemed in the seller's online shop, unless otherwise stated in the voucher.
9.2Β Gift vouchers and remaining balances of gift vouchers can be redeemed until the end of the third year following the year in which the voucher was purchased. Remaining balances will be credited to the customer until the expiry date.
9.3Β Gift vouchers can only be redeemed before the ordering process is completed. Subsequent offsetting is not possible.
9.4Β Only one gift voucher can be redeemed per order.
9.5Β Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.
9.6Β If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.
9.7Β The credit balance of a gift voucher is neither paid out in cash nor does it bear interest.
9.8Β The gift voucher is transferable. The seller may perform with discharging effect to the respective holder who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent lack of knowledge of the lack of entitlement, the legal incapacity or the lack of power of representation of the respective holder.
10) Applicable law
The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.
11) Alternative dispute resolution
11.1Β The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.