Terms of service
Table of Contents
- Scope of Application
- Formation of the Contract
- Right of Withdrawal
- Prices and Payment Terms
- Shipping and Delivery
- Retention of Title
- Warranty
- Liability
- Governing Law
- Alternative Dispute Resolution
1) Scope of Application
1.1 These General Terms and Conditions (“GTC”) apply to all contracts concluded via the online shop between Amirhossein Tashayoee, operating under “Dibaldino” (hereinafter the “Seller”), and consumers or traders (hereinafter the “Client”) concerning the goods and/or services offered in the Seller’s online shop. Any terms and conditions of the Client that deviate from these GTC shall not apply unless their applicability has been expressly agreed.
1.2 A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their commercial or self-employed professional activity.
1.3 A trader is a natural or legal person, or a partnership with legal capacity, who acts in the exercise of their commercial or independent professional activity when concluding a legal transaction.
2) Formation of the Contract
2.1 The product descriptions presented in the Seller’s online shop do not constitute binding offers but merely invite the Client to submit a binding offer.
2.2 The Client submits a binding contractual offer by placing the selected goods and/or services in the shopping cart, completing the electronic ordering process, and clicking the button that finalizes the order.
2.3 The Seller may accept the Client’s offer within five days by
– sending an order confirmation in text form (e.g. email),
– delivering the ordered goods, or
– requesting payment after the order has been placed.
The contract is concluded at the moment the first of these actions occurs. If the Seller does not accept the offer within this period, the offer shall be deemed rejected and the Client shall no longer be bound by it.
2.4 After the contract has been concluded, the Seller stores the contract text and transmits it to the Client in text form. No further access to the contract text is provided. If the Client has created a user account prior to placing the order, the order data can be accessed via the password-protected user account.
2.5 Prior to submitting the order, the Client may identify and correct input errors at any time using standard keyboard and mouse functions until the order is finally submitted.
2.6 The German language is exclusively available for the conclusion of the contract.
2.7 Order processing and communication generally take place via email. The Client must ensure that the email address provided is valid and that emails sent by the Seller or commissioned third parties can be received, including when spam filters are used.
3) Right of Withdrawal
3.1 Consumers are entitled to a statutory right of withdrawal.
3.2 Further information regarding the right of withdrawal can be found in the Seller’s separate withdrawal policy.
4) Prices and Payment Terms
4.1 Unless stated otherwise in the product description, all prices are total prices and include statutory value-added tax (VAT). Any additional shipping costs are indicated separately.
4.2 Payment may be made using the payment methods displayed in the Seller’s online shop.
4.3 In the case of deliveries to countries outside the European Union, additional costs may arise that are not the responsibility of the Seller and must be borne by the Client. These may include bank transfer fees, currency exchange charges, customs duties, or import taxes. Such costs may also arise if payment is made from outside the European Union.
4.4 If payment by credit card is selected, the purchase price is due immediately upon conclusion of the contract. Credit card payments are processed in cooperation with Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (“Stripe”). Stripe reserves the right to carry out a credit check and to refuse this payment method in the event of a negative result.
4.5 When selecting a payment method offered via Shopify Payments, payment processing is carried out by Shopify International Limited, Victoria Buildings, 2nd Floor, 1–2 Haddington Road, Dublin 4, D04 XN32, Ireland (“Shopify”). The available payment methods are displayed in the Seller’s online shop. Shopify may engage additional payment service providers to process payments; in such cases, supplementary payment terms may apply, to which the Client will be separately informed. Further information on Shopify Payments is available at https://www.shopify.com/payments.
5) Shipping and Delivery
5.1 Where the Seller offers shipment of goods, delivery shall be made within the delivery area specified by the Seller to the delivery address provided by the Client, unless otherwise agreed. The delivery address specified during order processing is decisive.
5.2 If the shipping company returns the goods to the Seller because delivery to the Client was not possible, the Client shall bear the costs of the unsuccessful shipment. This does not apply if the Client effectively exercises the right of withdrawal, if delivery was impossible due to circumstances beyond the Client’s control, or if the Client was temporarily unable to receive the service, provided the Seller had not announced the delivery within a reasonable time in advance.
5.3 Personal collection of the goods is excluded for logistical reasons.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply, provided the Seller is not responsible for the non-delivery and has concluded a corresponding hedging transaction with the supplier. The Seller will make reasonable efforts to procure the goods. In the event of non-availability or partial availability, the Client will be informed without delay and any payments made will be refunded.
6) Retention of Title
Where the Seller makes advance deliveries, ownership of the delivered goods remains with the Seller until the purchase price has been paid in full.
7) Warranty
7.1 Unless otherwise stipulated, statutory warranty provisions apply. The following deviations apply to contracts for the delivery of goods:
7.2 If the Client acts as a trader:
– the Seller may choose the type of subsequent performance;
– for new goods, the limitation period for defect claims is one year from delivery;
– for used goods, warranty claims are excluded;
– the limitation period does not recommence if a replacement delivery is made.
7.3 The above limitations do not apply to claims for damages or reimbursement of expenses, in cases of fraudulent concealment of defects, for goods used in accordance with their customary use for a building that caused its defectiveness, or for obligations to provide updates for digital products where applicable.
7.4 For traders, statutory limitation periods for any existing right of recourse remain unaffected.
7.5 If the Client is a merchant pursuant to Section 1 of the German Commercial Code (HGB), the commercial duty to inspect and notify defects pursuant to Section 377 HGB applies. Failure to comply results in the goods being deemed approved.
7.6 If the Client is a consumer, obvious transport damage should be reported immediately to the carrier and the Seller informed accordingly. Failure to do so does not affect statutory or contractual warranty rights.
8) Liability
8.1 The Seller is liable without limitation in cases of intent or gross negligence, injury to life, body or health, the assumption of a guarantee (unless otherwise regulated), and mandatory statutory liability, including under the German Product Liability Act.
8.2 In cases of negligent breach of a material contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless unlimited liability applies pursuant to the preceding paragraph. Material contractual obligations are those essential to achieving the purpose of the contract and on which the Client may regularly rely.
8.3 Any further liability of the Seller is excluded.
8.4 These liability provisions also apply to the Seller’s legal representatives and vicarious agents.
9) Governing Law
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws governing the international sale of movable goods. For consumers, this choice of law applies only insofar as mandatory consumer protection provisions of the country of their habitual residence remain unaffected.
10) Alternative Dispute Resolution
The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
