Conditions
General terms and conditions of business
§ 1 Scope, Definitions
(1) The present business relationship applies to all offers and contracts relating to the sale and delivery of products by DÚ PARRI, owner Abdulkadir Ayhanci , Muschhammer Mühle 1, 35789 Weilmünster (hereinafter "Provider") . You (hereinafter referred to as "Customer") agree by ordering a product to the exclusive validity of the following General Terms and Conditions in the version valid at the time of the order . Deviating general terms and conditions of the customer are not recognized unless the provider expressly agrees to their validity in writing.
(2) The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be attributed predominantly to his commercial or independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or independent professional activity.
§ 2 Conclusion of Contract , Products
(1) The customer can use the domain www.duparri.com to select products from the range of the provider, in particular clothing . After selecting the specific item of clothing, the customer has the opportunity to choose the size, color and quantity. The customer can then his selection (a ) collect them in a so-called virtual shopping cart using the “put into the shopping cart” button and then make a payment-based order using the button or (b) buy directly using the “Buy with Shop Pay” button using the so -called express checkout option or ( c) Select the button "Other payment options" to select additional express checkout options. "Shop Pay", PayPal and Google Pay" are available as further payment options . Via the button "payable esp tell" the customer submits a binding request to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer has accepted these contractual terms and conditions by clicking on the "Accept General Terms and Conditions" button and thereby included them in his application.
(2) The provider then sends the customer an automatic confirmation of receipt by e-mail, in which the customer's order is listed again and which the customer can print out using the "Print" function. The automatic acknowledgment of receipt only documents that the customer's order has been received by the provider and does not constitute acceptance of the application. The contract is only concluded when the provider submits the declaration of acceptance, which is sent in a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but no later than upon delivery of the goods, the text of the contract (consisting of the order, general terms and conditions and order confirmation) will be sent to the customer by us on a durable medium (e-mail or paper printout) (confirmation of contract ). The text of the contract is stored in compliance with data protection.
(3) The contract is concluded in German.
§ 3 Delivery, availability of goods
(1) Delivery times specified by us are calculated from the time of our order confirmation, provided the purchase price has been paid in advance (except for purchases on account). If no or no deviating delivery time is specified for the respective goods in our online shop, it is 7 days .
(2) If no copies of the product selected by the customer are available at the time the customer places the order, the provider will inform the customer of this immediately in the order confirmation. If the product is permanently unavailable, the provider will refrain from a declaration of acceptance. A contract is not concluded in this case.
(3) If the product specified by the customer in the order is only temporarily unavailable, the provider will also inform the customer of this immediately in the order confirmation.
(4) The following delivery restrictions apply: The provider only delivers to customers who have their habitual residence (billing address) in one of the following countries and who can provide a delivery address in the same country: Germany, Austria, Switzerland .
§ 4 Retention of title
The delivered goods remain the property of the provider until full payment has been made.
§ 5 Prices and shipping costs
(1) All prices stated on the provider's website include the applicable statutory sales tax.
(2) The corresponding shipping costs are given to the customer in the order form and are to be borne by the customer unless the customer makes use of his right of withdrawal. From a goods order value of 20 EUR, the provider delivers to the customer free of charge.
(3) The goods are dispatched by post. The provider bears the shipping risk if the customer is a consumer.
(4) In the event of a cancellation, the customer must bear the direct costs of the return shipment.
§ 6 Payment modalities
(1) The customer can pay by direct debit, credit card, cash on delivery or on account. Payment on account is only possible for new customers with the first order up to a goods order value of 100 EUR .
(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. If the due date for payment is determined according to the calendar, the customer is already in default by missing the deadline. In this case, he has to pay default interest to the provider for the year i . H. _ v . 5 percentage points above the base interest rate.
(4) The obligation of the customer to pay default interest does not exclude the assertion of further default damages by the provider.
§ 7 Warranty for material defects, guarantee
(1) The provider is liable for material defects according to the applicable statutory provisions, in particular §§ 434 et seq. BGB. In relation to entrepreneurs, the warranty period for items delivered by the provider is 12 months.
(2) There is only an additional guarantee for the goods delivered by the supplier if this was expressly given in the order confirmation for the respective item.
§ 8 Liability
(1) Customer claims for damages are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents . Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, the provider is only liable for the contract-typical, foreseeable damage if this was caused simply by negligence, unless the customer claims for damages resulting from injury to life, limb or health.
(3) The restrictions of paragraphs 1 and 2 also apply to the legal representatives and vicarious agents of the provider if claims are asserted directly against them.
(4) The limitations of liability resulting from paragraphs 1 and 2 do not apply if the provider has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies if the provider and the customer have reached an agreement on the nature of the item. The provisions of the Product Liability Act remain unaffected.
§ 9 Final Provisions
(1) The law of the Federal Republic of Germany applies to contracts between the provider and the customer, excluding the UN sales law. The legal regulations on the limitation of the choice of law and the applicability of mandatory regulations, in particular of the state in which the customer as a consumer has his 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 the provider is the location of the provider.
(3) The contract remains binding in its remaining parts even if individual points are legally ineffective. In place of the ineffective points, the statutory provisions, if any, apply. Insofar as this would represent unreasonable hardship for one of the contracting parties, the contract as a whole will become ineffective.
(Status: 5/2023)