Article 1 – Definitions In these terms and conditions:
(1) Withdrawal period: the period within which the consumer can exercise his right to withdraw from the contract;
(2) Consumer: a natural person who is not acting in the exercise of a profession or business and who concludes a distance contract with the trader;
3) Day: a calendar day
4. Duration of the transaction: a distance contract for a number of products and/or services with a staggered delivery and/or purchase obligation;
5. durable medium: any means that enables the consumer or the trader to store information addressed to him personally in a way that allows future inspection and unaltered reproduction of the stored information.
(6) Right of withdrawal: the possibility for the consumer to withdraw from a distance contract during the withdrawal period;
7. trader: the natural or legal person who offers products and/or services to the consumer at a distance;
(8) Distance contract: an agreement in which, in the context of a system organized by the trader for the distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more communication techniques at a distance;
9. technology for distance communication: means that can be used to conclude a contract, without the consumer and trader meeting simultaneously in the same room.
Article 2 – Trader’s identity
Trader’s Name: Can Dumanoglu
Business and visiting address: Putbusserstraße 19, 13355 Berlin
Phone number: +4915754890913
Email: FancyHomeBay@gmail.com
Article 3 – Application
(1) These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
(2) Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur and they will be sent free of charge as soon as possible at the request of the consumer.
(3) If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it is can be stored in a simple manner for the consumer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.
(4) When specific conditions for products or services apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the consumer can always invoke the applicable provision in the event of conflicting general terms and conditions. .
Article 4 – Offer
(1) If an offer has a limited validity or is subject to conditions, this must be clearly stated in the offer.
2. the offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the trader uses photos, they are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer are not binding on the trader.
(3) Each offer must contain such information that it is clear to the consumer which rights and obligations are attached to the acceptance of the offer. This applies in particular to:
o the price including taxes;
o all delivery costs;
o the manner in which the agreement will be concluded and which actions are required for this purpose;
o whether a right of withdrawal applies;
o the method of payment, delivery and execution of the agreement;
o the term for acceptance of the offer or the term within which the trader guarantees the price;
o the amount of the rate for distance communication when the costs for using the technology for distance communication are calculated on a basis other than the normal basic rate for the communication technology used
o whether the agreement will be archived after its conclusion and, if so, how the consumer can view the agreement;
the way in which the consumer, before the conclusion of the contract, uses the information provided by him in the context of the contract evens can check and repair if necessary;
o all other languages, in addition to Dutch, in which the agreement can be concluded;
o the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically;
and
o the minimum duration of the distance contract in the case of a long-term transaction.
Article 5 – Contract
(1) Without prejudice to the provisions of paragraph (4), the agreement is concluded when the consumer accepts the offer and meets the conditions attached to it.
(2) If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the acceptance electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
(3) If the contract is concluded electronically, the operator will take appropriate technical and organizational measures to secure the electronic transfer of data and to ensure a safe online environment. If the consumer can pay electronically, the operator will take appropriate security measures.
(4) The entrepreneur can – within a legal framework – check whether the consumer is able to meet his payment obligations, as well as all facts and factors that are relevant for a responsible conclusion of a distance contract. If, on the basis of this investigation, the trader has good reasons not to enter into the agreement, he is entitled to refuse the order or request with reasons or to attach special conditions to the execution.
(5) Together with the goods or services, the operator shall send the consumer in writing or in a manner that enables the consumer to store on a durable medium the following information:
a. the visiting address of the trader’s establishment where the consumer can submit a complaint;
b. the conditions under which and the manner in which the consumer can make use of his right of withdrawal, or a clear statement that the right of withdrawal is waived;
C. information about warranties and existing after-sales service;
D. the information contained in Article 4(3) of these terms and conditions, unless the trader has already provided this information to the consumer before the conclusion of the contract;
mi. requirements for termination of the agreement if the agreement has been entered into for more than one year or is of indefinite duration.
(6) In the case of a long-term transaction, the provisions of the previous paragraph apply only to the first delivery.
Article 6 – Right of withdrawal
(1) When purchasing products, the consumer has the option to dissolve the agreement within 14 days without stating reasons. The withdrawal period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and handed over to the entrepreneur.
(2) During the withdrawal period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories supplied and – if possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
Article 7 – Costs in case of withdrawal 1.
(1) If the consumer makes use of his right of withdrawal, the costs of return will be at the most for his account.
(2) If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the return or withdrawal.
Article 8 – Exclusion of the right of withdrawal 1.
(1) The trader may exclude the consumer’s right of withdrawal to the extent provided for in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the trader has clearly stated this in the offer, at least when concluding the contract.
(2) The right of withdrawal can only be waived for products:
a. which have been determined by the trader in accordance with the specifications of the consumer;
b. that are clearly personal;
C. which cannot be returned due to their nature;
D. who can deteriorate or grow old quickly;
mi. the price of which is subject to fluctuations in the financial market over which the trader has no influence;
F. for loose newspapers and magazines;
g. on audio and video recordings and computer software that the consumer has found to be corrupt.
(3) The exclusion of the right of withdrawal is only possible for services:
a. with regard to accommodation, transport, restaurant or leisure activities to be carried out on a specific date or during a specific period;
b. the performance of which has started with the express consent of the consumer before the end of the withdrawal period;
C. regarding betting and lotteries.
Article 9 – Price
(1) During the period of validity stated in the offer, the prices of the products and/or services offered are not increased, except for price changes as a result of changes in VAT rates.
(2) Notwithstanding the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This dependence on fluctuations and the fact that the prices quoted are target prices must be stated in the offer.
(3) Price increases within 3 months after the conclusion of the agreement are only permitted if they arise from legal provisions or regulations.
(4) Price increases from 3 months after the conclusion of the contract are only permitted if the trader has provided for this and:
a. arising from statutory or administrative provisions; or
b. the consumer has the right to cancel the agreement with effect from the day on which the price increase took effect.
(5) The prices stated in the offer of products or services include VAT.
Article 10 – Conformity and guarantee 1.
(1) The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the existing on the date of the conclusion of the agreement. laws. / or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
(2) The warranty offered by the operator, manufacturer or importer does not affect the rights and claims that the consumer can assert against the operator under the contract.
Article 11 – Delivery and execution
(1) The operator shall exercise the greatest possible care when receiving and processing orders for products and when assessing requests for services.
(2) The place of delivery is the address provided by the consumer to the company.
(3) With due observance of what is stated in article 4 of these general terms and conditions, the Company will execute accepted orders expeditiously but at the latest within 30 days, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to all compensation.
(4) In the event of termination in accordance with the previous paragraph, the operator shall refund the amount paid by the consumer as soon as possible, but at the latest within 30 days of termination.
5 If delivery of the ordered product proves to be impossible, the entrepreneur will make every effort to make a replacement product available. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item will be delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are for the account of the entrepreneur.
(6) The risk of damage and/or loss of the products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.
Article 12 – Duration of the transaction: duration, cancellation and extension
cancellation
(1) The consumer can terminate an agreement that has been entered into for an indefinite period and that relates to the regular supply of products (including electricity) or services, with due observance of the applicable cancellation rules and a notice period of no more than one month.
(2) The consumer can terminate a contract that has been concluded for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time by the end of a certain period, with due observance of the agreed cancellation rules and a notice period of at most one month.
(3) The consumer may conclude the contracts referred to in the previous paragraphs:
cancel at any time and is not limited to cancellation within a specified term or ODA period;
or at least cancel it in the same way they closed it;
o always cancel with the same notice period as the trader has set for him ordained.
renewal
(4) A contract concluded for a definite period and relating to the regular supply of products (including electricity) or services cannot be automatically extended or renewed for a definite period of time.
(5) Notwithstanding the previous paragraph, an agreement that has been entered into for a definite period of time and which relates to the regular delivery of daily news and weekly newspapers and magazines can be tacitly extended for a definite period of up to three months; if the consumer has extended this, he can terminate the agreement at the end of the extension with due observance of a notice period of no more than one month.
(6) An agreement that has been concluded for a definite period and which extends to the regular delivery of products or services, can only be tacitly extended for an indefinite period if the consumer can terminate the agreement at any time with a notice period not exceeding one month, and with a notice period of no more than three months if the agreement extends to the regular, but less often than monthly, delivery of daily, news and weekly newspapers and magazines.
(7) A fixed-term agreement for the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not automatically continued and ends automatically after the trial or introductory period.
Duration
(8) If the agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness preclude that the agreement is concluded before the end. of the agreed duration is terminated.
Article 13 – Payment
(1) Unless otherwise agreed, the amounts owed by the consumer will be paid within 14 days of the start of the reflection period referred to in Article 6(1) after receipt of confirmation of the conclusion of the contract.
(2) When selling products to consumers, the general terms and conditions may not stipulate that an advance of more than 50% must be paid. When advance payment is stipulated, the consumer cannot assert any rights with regard to the execution of the relevant order or service, as long as a specific advance has not been paid.
(3) The consumer must immediately report any inaccuracies in the payment details provided or provided to the operator.
(4) In the event of non-payment by the consumer, the operator has the right, subject to legal restrictions, to charge the consumer the reasonable costs communicated by the consumer.
Article 14 – Complaints procedure
(1) The operator shall have a duly published complaints procedure and shall deal with complaints in accordance with this complaints procedure.
(2) Complaints about the execution of the agreement must be submitted to the entrepreneur, accurately and clearly described, within a reasonable period of time after the consumer has discovered a defect. (3) Complaints submitted to the operator will be processed within 14 days of receipt. If a complaint requires a foreseeable longer processing time, the trader will reply within the period of 14 days with a notification of receipt and an indication when the consumer can expect a more detailed answer.
(4) If a complaint cannot be resolved by mutual agreement, a dispute arises, which is subject to the dispute settlement procedure.
Article 15 – Disputes
(1) Agreements between the trader and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.
Article 16 – Additional or different provisions
Additional provisions or provisions that deviate from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.
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