Terms and Conditions and Cancellation Policy

General Terms and Conditions of the online shop www.leyla-mali.com

The following General Terms and Conditions apply exclusively to you as the customer in the version valid at the time of the order. Any deviating general terms and conditions of the customer will not be recognized unless we expressly agree to their validity in writing.

(2) The customer is a consumer if the purpose of the ordered deliveries and services cannot be predominantly attributed to his or her commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his or her commercial or independent professional activity.

§ 2 Conclusion of contract

(1) The items we offer for sale constitute a binding offer to conclude a purchase contract. The customer can select the products presented on our website and collect them in a so-called shopping cart by clicking the "Add to cart" button. After entering the relevant data, the customer submits a binding declaration of acceptance to purchase the goods in the shopping cart by clicking the "Pay now" button. Before submitting the order, the customer can change and view the data at any time. However, the order can only be submitted and transmitted if the customer accepts these terms and conditions by clicking the "Accept terms and conditions" button, thereby incorporating them into their order.

(2) We will then send the customer an automatic confirmation of the conclusion of the contract (consisting of the order, General Terms and Conditions, and order confirmation) by email, which the customer can print using the "Print" function. The contract text will be stored in compliance with data protection regulations.

(3) The contract is concluded in German.

§ 3 Delivery

(1) Delivery times specified by us are calculated from the date of conclusion of the contract, provided the purchase price has been paid in advance. If no or no different delivery time is specified for the respective goods in our online shop, the delivery time is 2-5 working days.

(2) The following delivery restrictions apply: We only deliver to customers who have their habitual residence (billing address) in Germany and who can provide a delivery address for Germany.

§ 4 Retention of title

The delivered goods remain our property until full payment has been made. 

§ 5 Prices and shipping costs

(1) All prices stated on our website include the applicable statutory value-added tax.

(2) The corresponding shipping costs will be indicated to the customer in the order form and are to be borne by the customer unless the customer exercises his right of withdrawal.

(3) The goods will be shipped by mail or by post. We bear the shipping risk if the customer is a consumer.

(4) In the event of a cancellation, the customer shall bear the direct costs of return if the total value of the returned items is less than EUR 49.00.

§ 6 Payment terms & payment processing

(1) The customer can make payment by credit card, Paypal, ShopPay and GooglePay.

(2) The customer can change the payment method stored in his user account at any time.

(3) Payment of the purchase price is due immediately upon conclusion of the contract. 

§ 7 Warranty for material defects, guarantee

(1) The provider is liable for material defects in accordance with the applicable statutory provisions, in particular Sections 434 et seq. of the German Civil Code (BGB). For businesses, the warranty period for goods delivered by us is 12 months.

(2) An additional guarantee for the goods delivered by us only exists if this was expressly stated in the order confirmation for the respective article.

§ 8 Liability

(1) The customer's claims for damages are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, body, or health, or from the breach of essential contractual obligations (cardinal obligations), as well as liability for other damages resulting from an intentional or grossly negligent breach of duty by us, our legal representatives, or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.

(2) In the event of a breach of essential contractual obligations, we shall only be liable for the damage typical for the contract and foreseeable if this was caused by simple negligence, unless the customer has claims for damages resulting from injury to life, body or health.

( 3) The restrictions in paragraphs 1 and 2 shall also apply to our legal representatives and vicarious agents if claims are asserted directly against them.

(4) The limitations of liability resulting from paragraphs 1 and 2 shall not apply if we have fraudulently concealed the defect or provided a guarantee for the quality of the item. The same applies if we and the customer have entered into an agreement regarding the quality of the item. The provisions of the Product Liability Act remain unaffected.

§ 9 CANCELLATION POLICY

(1) Consumers have a statutory right of withdrawal when concluding a distance selling contract, about which we will inform you below in accordance with the statutory model. A model withdrawal form can be found in paragraph (2). 

Cancellation policy   RIGHT OF WITHDRAWAL   You have the right to withdraw from this contract within fourteen days without giving any reason.   The cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods.  To exercise your right of withdrawal, you must Meryem Toprak Eiffestraße 600 20537 Hamburg Phone: 015772652882 Email: shop@leyla-mali.com by means of a clear statement (e.g. a letter sent by post, fax, or email) of your decision to withdraw from this contract. You may use the model withdrawal form provided in paragraph (2), but this is not mandatory.  To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the cancellation period has expired. CONSEQUENCES OF REVOCATION  If you cancel this contract, we will refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us of the cancellation of this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period. You will bear the direct costs of returning the goods if the total value of the returned goods is less than EUR 49.00. You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.

 

(2) We provide information about the model withdrawal form in accordance with the statutory provisions as follows: 

Sample cancellation form If you wish to cancel the contract, please fill out this form and send it back. To Abdulhakim Toprak Internet cafe & repair service Sagerstr. 40 28757 Bremen Phone: 015772652882 Email: shop@leyla-mali.com I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/ the provision of the following Service (*)  …………………………………………………………………………………….  Ordered on (*)/received on (*) ………………………………………………. Name of consumer(s) ………………………………………………. Address of the consumer(s) ………………………………………….. Signature of the consumer(s) (only if notification is made on paper) …………………………………………………………………………………….. Date …………………………………………………………………………….   (*) Delete as appropriate

 

§ 10 Final provisions

(1) Contracts between us and the customer shall be governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular those of the state in which the customer, as a consumer, has his or her habitual residence, remain unaffected.

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and us shall be our place of business.

(3) Even if individual provisions are legally invalid, the remaining parts of the contract remain binding. The invalid provisions shall be replaced by the statutory provisions, where applicable. However, to the extent that this would constitute an unreasonable hardship for one of the contracting parties, the contract shall be invalid in its entirety.

§ 11 Alternative dispute resolution

(1) The EU Commission provides an online dispute resolution platform at the following link: https://ec.europa.eu/consumers/odr . This platform serves as a contact point for the out-of-court settlement of disputes arising from online sales or service contracts involving a consumer.

(2) Participation in alternative dispute resolution: We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board. Our email address is shop@leyla-mali.com.

Status: 10/2024

Sample cancellation form If you wish to withdraw from the contract, please fill out this form and send it back.   To Abdulhakim Toprak Internet cafe & repair service Sagerstr. 40 28757 Bremen Phone: 015772652882 Email: shop@leyla-mali.com   I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/ the provision of the following Service (*)   …………………………………………………………………………………….   Ordered on (*)/received on (*) ……………………………………………….   Name of consumer(s) ……………………………………………….   Address of the consumer(s) …………………………………………..   Signature of the consumer(s) (only if notification is made on paper) ……………………………………………………………………………………..     Date …………………………………………………………………………….   (*) Delete as appropriate