Terms and Conditions
Terms and Conditions with Customer Information
Table of Contents
- Scope
- Conclusion of Contract
- Right of Withdrawal
- Prices and Payment Terms
- Delivery and Shipping Terms
- Retention of Title
- Liability for Defects (Warranty)
- Special Conditions for Processing Goods According to Specific Customer Requirements
- Redemption of Promotional Vouchers
- Redemption of Gift Vouchers
- Applicable Law
- Alternative Dispute Resolution
1) Scope
1.1 These Terms and Conditions (hereinafter "T&Cs") of Rami Fakih, operating under "Rameva" (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") enters into with the Seller regarding the goods presented by the Seller in his online shop. The inclusion of the Customer's own terms is hereby excluded unless otherwise agreed.
1.2 These T&Cs also apply to contracts for the delivery of vouchers unless otherwise stated.
1.3 A consumer within the meaning of these T&Cs is any natural person who concludes a legal transaction for purposes that are predominantly neither for their commercial nor their self-employed professional activity.
1.4 An entrepreneur within the meaning of these T&Cs is a natural or legal person or a partnership with legal capacity, who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.
2) Conclusion of Contract
2.1 The product descriptions contained in the Seller's online shop do not represent binding offers from the Seller, but rather serve as an invitation to the Customer to submit a binding offer.
2.2 The Customer can submit an offer via the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer makes a legally binding offer by clicking the button to finalize the order.
2.3 The Seller may 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), with the date of receipt of the order confirmation being decisive, or
- delivering the ordered goods to the Customer, with the date of receipt of the goods being decisive, or
- requesting payment from the Customer after the order has been placed.
If multiple of these alternatives occur, the contract is concluded at the moment one of the alternatives takes place. The acceptance period begins on the day following the submission of the Customer's offer and ends at the close of the fifth day following the submission of the offer. If the Seller does not accept the offer within the specified period, it is deemed a rejection, and the Customer is no longer bound by their offer.
2.4 If the Customer chooses a payment method offered by PayPal, the payment will be processed through the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal") under the PayPal User Agreement, which can be viewed at https://www.paypal.com/us/webapps/mpp/ua/useragreement-full.
2.5 If the Customer chooses "Amazon Payments," payment is processed through Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg ("Amazon") under the Amazon Payments Europe User Agreement, available at https://payments.amazon.com/us/help/201751590.
2.6 After submitting an offer via the online order form, the contract text will be saved by the Seller and sent to the Customer in text form (e.g., email, fax, or letter) after the Customer has submitted their order.
2.7 Before the binding submission of the order, the Customer can detect any input errors by carefully reading the information displayed on the screen.
2.8 Various languages are available for contract formation, and the specific language choice will be displayed in the online shop.
2.9 Order processing and communication typically occur via email and automated order processing. The Customer must ensure that the email address provided for order processing is correct and that emails from the Seller or third parties authorized by the Seller can be received.
3) Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further details regarding the right of withdrawal are provided in the Seller's withdrawal policy.
4) Prices and Payment Terms
4.1 Unless otherwise stated in the product description, the prices indicated are total prices. VAT is not shown, as the Seller is a small business under VAT law.
4.2 Payment options are provided to the Customer in the Seller's online shop.
4.3 If the "SOFORT" payment method is selected, payment is processed by SOFORT GmbH, Theresienhöhe 12, 80339 Munich ("SOFORT"). The Customer must have an activated online banking account for SOFORT to proceed with the payment.
4.4 Payment processing through "Shopify Payments" is handled by Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland ("Stripe").
4.5 If the "Stripe" payment method is selected, the payment will be processed by Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland ("Stripe").
4.6 If the "Invoice Purchase" payment option is chosen, the payment is due within 14 days after the goods are delivered and invoiced, and is to be paid to Klarna AB.
4.7 If the "Credit Card via Stripe" payment option is selected, the payment is due immediately upon contract conclusion. Payment is processed by Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland ("Stripe").
4.8 If the "Klarna" payment option is chosen, payment is processed by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden ("Klarna").
5) Delivery and Shipping Terms
5.1 If the Seller offers shipping, delivery will be made within the specified delivery area to the address provided by the Customer unless otherwise agreed.
5.2 If delivery fails due to reasons attributable to the Customer, the Customer bears the reasonable costs incurred by the Seller.
5.3 If the Customer is an entrepreneur, the risk of accidental loss or deterioration of the goods transfers to the Customer once the Seller hands the goods over to the carrier.
6) Retention of Title
If the seller performs in advance, they retain ownership of the delivered goods until the full purchase price has been paid.
7) Warranty (Defects Liability)
Unless otherwise stated in the following provisions, the statutory rules for defects liability apply. However, for contracts involving the delivery of goods, the following deviations apply:
7.1 If the customer acts as a business, the seller has the choice of the type of subsequent performance; for new goods, the limitation period for defects is one year from delivery; for used goods, the rights and claims regarding defects are excluded; the limitation period does not start anew if a replacement delivery is made as part of the warranty claim.
7.2 If the customer acts as a consumer, for contracts involving the delivery of used goods, the warranty period for defects claims is one year from delivery, provided this is explicitly agreed between the parties and the customer has been informed of the limitation period before submitting their contract declaration.
7.3 The above liability limitations and period reductions do not apply to claims for damages or reimbursement of expenses by the customer, if the seller has fraudulently concealed the defect, for goods used in construction and causing defects in the structure, or for any obligation of the seller to provide updates for digital products in contracts involving goods with digital elements.
7.4 In addition, for entrepreneurs, the statutory limitation periods for any legal recourse claims remain unaffected.
7.5 If the customer is a merchant in the sense of § 1 HGB, the customer is subject to the commercial duty of inspection and notification under § 377 HGB. If the customer fails to fulfill these obligations, the goods are deemed approved.
7.6 If the customer acts as a consumer, they are requested to report goods with obvious transport damage to the carrier and inform the seller. If the customer fails to do so, it has no effect on their statutory or contractual claims.
8) Special Conditions for Processing Goods According to Customer Specifications
8.1 If the seller is obligated under the contract to process goods according to specific customer instructions, the customer must provide all necessary content, such as text, images, or graphics, in the file formats, sizes, and resolutions specified by the seller and grant the necessary usage rights. The customer is solely responsible for obtaining and acquiring rights to these contents. The customer declares and assumes responsibility for ensuring they have the right to use the content provided. The customer is particularly responsible for ensuring that no third-party rights, such as copyright, trademark, or personality rights, are violated.
8.2 The customer indemnifies the seller from any third-party claims arising from violations of rights related to the contractual use of the customer's content. The customer also assumes the costs of legal defense, including court and attorney fees. This does not apply if the legal violation was not caused by the customer. The customer must provide the seller with all necessary information to assess claims and defend against them.
8.3 The seller reserves the right to refuse processing orders if the content provided by the customer violates laws or public morals, particularly if it includes content that is unconstitutional, racist, xenophobic, discriminatory, offensive, harmful to minors, or glorifies violence.
9) Redemption of Promotional Vouchers
9.1 Vouchers issued by the seller as part of promotional campaigns, which cannot be purchased by the customer (referred to as "promotional vouchers"), can only be redeemed in the seller's online store and within the specified period.
9.2 Certain products may be excluded from the voucher promotion, as specified in the voucher's terms.
9.3 Promotional vouchers can only be redeemed before completing the order. They cannot be applied retroactively.
9.4 Only one promotional voucher can be redeemed per order.
9.5 The total value of the goods must at least match the value of the promotional voucher. Any remaining balance is not refunded.
9.6 If the value of the voucher is insufficient to cover the order, the customer can pay the difference using another available payment method.
9.7 The balance of the promotional voucher is neither refundable nor interest-bearing.
9.8 The promotional voucher will not be refunded if the customer returns the goods paid for with the voucher within their statutory right of withdrawal.
9.9 The promotional voucher is only for use by the named person. It cannot be transferred to third parties.
10) Redemption of Gift Vouchers
10.1 Gift vouchers purchased in the seller's online store (referred to as "gift vouchers") can only be redeemed in the seller's online store unless otherwise specified.
10.2 Gift vouchers and any remaining balances are redeemable until the end of the third year after the year of purchase. Any remaining balance will be credited to the customer until the expiration date.
10.3 Gift vouchers can only be redeemed before completing the order. They cannot be applied retroactively.
10.4 Only one gift voucher can be redeemed per order.
10.5 Gift vouchers can only be used to purchase goods, not additional gift vouchers.
10.6 If the gift voucher does not cover the full order amount, the customer can pay the difference using another available payment method.
10.7 The balance of the gift voucher is neither refundable nor interest-bearing.
10.8 Gift vouchers are transferable. The seller is relieved of any obligation once the gift voucher is redeemed by the person named on it in the online store.
11) Applicable Law
German law applies to all legal relationships between the parties, excluding international sales law. For consumers, this choice of law applies only to the extent that mandatory protective provisions of the law of the consumer's country of residence are not infringed.
12) Alternative Dispute Resolution
12.1 The EU Commission provides an online dispute resolution platform at: https://ec.europa.eu/consumers/odr. This platform serves as a contact point for the out-of-court resolution of disputes related to online purchase or service contracts involving a consumer.
12.2 The seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.