Business Terms
General terms and conditions with customer information
Table of contents
- Scope
- Conclusion of contract
- Right of withdrawal
- Prices and payment terms
- Delivery and shipping conditions
- Retention of title
- Defective liability (warranty)
- Haftung
- Redeeming promotional vouchers
- Redeeming gift vouchers
- Alternative dispute resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter “Terms and Conditions”) of Daliun LLC Ltd. (hereinafter "seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "customer") has with the seller with regard to the terms and conditions agreed by the seller in his The goods shown in the online shop are concluded. The inclusion of the customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 These terms and conditions apply accordingly to contracts for the delivery of vouchers, unless otherwise stipulated.
1.3 Consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed ;can be attributed to activity.
1.4 Entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a legal partnership who, when concluding a legal transaction, is acting in the exercise of their commercial or independent business professional activity.
2) Conclusion of contract
2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but rather serve to make a binding offer by the customer.
2.2 The customer can submit the offer using the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking on the button that completes the ordering process. The customer can also make the offer to the seller by email, fax, online contact form, post or telephone.
2.3 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 the receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
- by asking the customer to pay after placing their order.
If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the customer sends the offer 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 considered a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.
2.4 If you select a payment method offered by PayPal, payment is processed via the payment service provider PayPal (Europe) S.à 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
2.5 When submitting an offer via the seller's online order form, the contract text is saved by the seller after the contract has been concluded and sent to the customer in text form after the order has been sent (e.g. email, fax or letter). The seller will not make the contract text available beyond this. If the customer has set up a user account in the seller's online shop before sending his order, the order data will be archived on the seller's website and can be accessed by the customer via his password-protected user account by specifying the corresponding login -Data can be accessed free of charge.
2.6 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 of better detecting input errors can be the browser's magnification function, which enlarges the display on the screen. As part of the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks on the button that completes the ordering process.
2.7 Different languages are available for concluding the contract. The specific language selection is displayed in the online shop.
2.8 Order processing and contact usually take place via email and automated order processing. The customer must ensure that the email address he provided to process the order is correct so that 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 to process the order can be delivered.
3) Right of withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 More information on the right of withdrawal can be found in the seller's cancellation policy.
3.3 The right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address at the time the contract is concluded is outside of the European Union.
4) Prices and payment terms
4.1 Unless otherwise stated in the seller's product description, the prices stated are total prices and include statutory sales tax. Any additional delivery and shipping costs that may arise will be stated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which are borne by the customer are wearing. These include, for example, costs for transferring money through credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may arise in relation to the money transfer even if the delivery does not take place to a country outside the European Union, but the customer makes the payment from a country outside the European Union carries out.
4.3 The payment option(s) will be communicated to the customer in the seller's online shop.
4.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.
4.5 If you select a payment service via the payment service “PayPal” The payment method offered is processed via PayPal, although PayPal can also use the services of third-party payment service providers for this purpose. If the seller also offers payment methods via PayPal in which he makes advance payment to the customer (e.g. purchase on account or payment in installments), he transfers his payment request to PayPal or to the person commissioned by PayPal and the payment service provider specifically named by the customer. Before accepting the seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the transmitted customer data. The seller reserves the right to refuse the customer the selected payment method in the event of a negative test result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, he can only make payments to PayPal or the payment service provider commissioned by PayPal with a debt-discharging effect. However, even in the event of assignment of claims, the seller remains responsible for general customer inquiries, e.g. B. about the goods, delivery time, shipping, returns, complaints, cancellation declarations and shipments or credit notes.
4.6 If you select the payment method “SOFORT”; Payment is processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter “SOFORT”). To pay the invoice amount via “SOFORT“ In order to be able to pay, the customer must have a form for participation in “SOFORT“ have an activated online banking account, identify yourself accordingly during the payment process and send the payment instruction to “SOFORT“ confirm. The payment transaction will be processed immediately afterwards by “SOFORT“ carried out and debited to the customer's bank account. Further information about the payment method “SOFORT” The customer can do so on the Internet at https://www.klarna.com
4.7 When you select a payment service via the “Unzer” payment service. The payment method offered is processed by the payment service provider Unzer GmbH, Vangerowstraße 18, 69115 Heidelberg, Germany (hereinafter: “Unzer“). The individual payment methods offered through Unzer are communicated to the customer in the seller's online shop. To process payments, Unzer may use the services of third-party payment service providers, to whom special payment conditions may apply, to which the customer may be informed separately. Further information about "Unzer" are on the Internet at https://www.unzer.com
4.8 When selecting a payment service via the “SumUp” payment service. The payment method offered is processed via the payment service provider SumUp Limited, Block 8, Harcourt Centre, Charlotte Way, Dublin 2, Ireland D02 K580 (hereinafter “SumUp”). The individual payment methods offered via Stripe are communicated to the customer in the seller's online shop. To process payments, SumUp may use other payment services for which special payment conditions may apply, to which the customer may be informed separately. Further information about SumUp is available on the Internet at https://www.sumup.com
4.9 If you select the payment method purchase on account, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid without deductions within 10 (ten) days of receipt of the invoice, unless otherwise agreed. The seller reserves the right to only offer the purchase on account payment method up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of a corresponding payment restriction in his payment information in the online shop.
4.10 If you select the SEPA direct debit payment method, the invoice amount is due after a SEPA direct debit mandate has been issued, but not before the deadline for advance information has expired. The direct debit is collected when the ordered goods leave the seller's warehouse, but not before the deadline for advance information has expired. Pre-notification is any communication (e.g. invoice, policy, contract) from the seller to the customer that announces a debit by SEPA direct debit. If the direct debit is not honored due to insufficient account funds or due to incorrect bank details being provided, or if the customer objects to the debit even though he is not authorized to do so, the customer must bear the fees incurred by the respective credit institution as a result of the chargeback, if he is responsible for this.
5) Delivery and shipping conditions
5.1 If the seller offers to ship the goods, delivery will take place within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive.
5.2 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. This does not apply with regard to the shipping costs if the customer effectively exercises his right of withdrawal. If the customer effectively exercises the right of withdrawal, the return shipping costs will be subject to the provisions set out in the seller's cancellation policy.
5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller receives the item to the freight forwarder, the freight carrier or the other person or institution 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 when the goods are handed over to the customer or a person authorized to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the goods sold, even for consumers, is transferred to the customer as soon as the seller hands the item to the freight forwarder, the freight forwarder or the other person responsible for the delivery. has delivered the shipment to a specific person or institution if the customer commissions the freight forwarder, the freight forwarder or the other person or institution designated to carry out the shipment to do so and the seller assigns this person or institution to the customer has not previously named.
5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies in the event that the non-delivery is not the fault of the seller and the seller has taken due care to conclude a specific cover transaction with the supplier. The seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.
5.5 Pickup is not possible for logistical reasons.
5.6 Vouchers are provided to the customer as follows:
- by E-Mail
- postal
6) Retention of title
If the seller makes advance payments, he reserves ownership of the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
Unless otherwise stated in the following regulations, the provisions of statutory liability for defects apply. Deviating from this, the following applies to contracts for the delivery of goods:
7.1 If the customer acts as an entrepreneur,
- The seller has the choice of the type of subsequent fulfillment;
- For new goods, the limitation period for defects is one year from delivery of the goods;
- In the case of used goods, rights and claims due to defects are excluded;
- The statute of limitations does not begin again if a replacement delivery is made within the scope of liability for defects.
7.2 The limitations of liability and shortened deadlines regulated above do not apply
- for claims for damages and reimbursement of expenses by the customer,
- in the event that the seller has fraudulently concealed the defect,
- for goods that have been used for a building in accordance with their normal use and have caused its defectiveness,
- for any obligation of the seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.
7.3 In addition, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claim remain unaffected.
7.4 If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply with this, this will have no impact on his legal or contractual claims for defects.
8) Liability
The seller is liable to the customer for all contractual, contractual and statutory, including tortious claims for damages and reimbursement of expenses as follows:
8.1 The seller is fully liable for any legal reason
- in the event of intent or gross negligence,
- in the event of intentional or negligent injury to life, body or health,
- based on a guarantee promise, unless otherwise stipulated in this regard,
- due to mandatory liability such as under the Product Liability Act.
8.2 If the seller negligently violates an essential contractual obligation, liability is limited to the foreseeable damage that is typical for the contract, unless otherwise specified. the above paragraph is liable without limitation. Essential contractual obligations are obligations that the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and compliance with which the customer is regularly responsible for ;ßig can trust.
8.3 The seller's liability is otherwise excluded.
8.4 The above liability provisions also apply with regard to the liability of the seller for his vicarious agents and legal representatives.
9) Redeeming promotional vouchers
9.1 Vouchers that are issued free of charge by the seller as part of promotions 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 during the specified period.
9.2 Promotion vouchers can only be redeemed by consumers.
9.3 Individual products may be excluded from the voucher campaign if a corresponding restriction results from the content of the campaign voucher.
9.4 Promotion vouchers can only be redeemed before the ordering process is completed. Subsequent billing is not possible.
9.5 Only one promotional voucher can be redeemed per order.
9.6 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.
9.7 If the value of the promotional voucher is not sufficient to cover the order, you can choose one of the other payment methods offered by the seller to pay the difference.
9.8 The balance of a promotional voucher will neither be paid out in cash nor bear interest.
9.9 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of his statutory right of withdrawal.
9.10 The promotional voucher is transferable. The seller can make a payment 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 ignorance of the lack of authorization, inability to do business or lack of authorization to represent the respective owner.
10) Redemption of gift vouchers
10.1 Vouchers that can be purchased via the seller's online shop (hereinafter "gift vouchers") can only be purchased online. The seller's shop can be redeemed unless the voucher states otherwise.
10.2 Gift vouchers and remaining balance of gift vouchers can be redeemed until the end of the third year following the year in which the voucher was purchased. Remaining credit will be credited to the customer until the expiry date.
10.3 Gift vouchers can only be redeemed before completing the ordering process. Subsequent billing is not possible.
10.4 Only one gift voucher can be redeemed per order.
10.5 Gift vouchers can only be used to purchase goods and not to purchase additional gift vouchers.
10.6 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 pay the difference.
10.7 The balance of a gift voucher will neither be paid out in cash nor bear interest.
10.8 The gift voucher is transferable. The seller can make a discharging payment 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 ignorance of the lack of authorization, inability to do business or lack of authorization to represent the respective owner.
11) Alternative dispute resolution
11.1 The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu
This platform serves as a contact point for out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
11.2 The seller is not obliged to take part in a dispute resolution procedure before a consumer arbitration board, but is willing to do so.