Terms and Conditions

Scope
Conclusion of contract
Right of withdrawal
Prices and payment terms
Delivery and Shipping Conditions
Retention of title
Defects liability (warranty)
Liability
Applicable Law
Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of Ayat Al Mubarak (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the seller regarding the goods presented by the seller in their online shop. The inclusion of the customer's own conditions is hereby contradicted, unless otherwise agreed.

1.2 A consumer in the sense of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly not attributable to their commercial or independent professional activity.

1.3 An entrepreneur in the sense of these terms and conditions is a natural or legal person or a partnership with legal capacity that acts in the exercise of their commercial or independent professional activity when concluding a legal transaction.

2) Conclusion of contract

2.1 The product descriptions contained in the seller's online shop do not constitute binding offers from the seller, but serve to submit a binding offer by the customer.

2.2 The customer can submit the offer via the online order form integrated into the seller's online shop. In doing so, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that completes the ordering process.

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 requesting payment from the customer after the customer has placed their order.

If multiple of the aforementioned alternatives are present, the contract comes into effect at the time when one of the aforementioned alternatives occurs first. The deadline for accepting the offer begins on the day after the offer is sent by the customer and ends with the expiration 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, resulting in the customer no longer being bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, the payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), under the PayPal Terms of Use, which can be viewed at https://www.paypal.com/de/legalhub/paypal/useragreement-full or - if the customer does not have a PayPal account - under the terms for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/legalhub/paypal/privacywax-full If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller already declares acceptance of the customer's offer at the moment the customer clicks the button that completes the ordering process.

2.5 If "Amazon Payments" is selected as the payment method, the payment processing is carried out by the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), under the Amazon Payments Europe User Agreement, which can be viewed at https://pay.amazon.de/help/201751590 If the customer selects "Amazon Payments" as the payment method during the online ordering process, they simultaneously issue a payment order to Amazon by clicking the button that completes the ordering process. In this case, the seller already declares acceptance of the customer's offer at the moment the customer initiates the payment process by clicking the button that completes the ordering process.

2.6 When submitting an offer via the seller's online order form, the contract text will be stored by the seller after the contract is concluded and sent to the customer in text form (e.g., email, fax, or letter) after they have submitted their order. There will be no further accessibility of the contract text by the seller.

2.7 Before placing a binding 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 for better detection of input errors can be the browser's zoom function, which enlarges the display on the screen. The customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the ordering process.

2.8 The German language is available for the conclusion of the contract.

2.9 Order processing and contact usually take place via email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at this address. In particular, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller for order processing can be delivered, especially when using SPAM filters.

3) Right of withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the seller's withdrawal instruction.

4) Prices and payment terms

4.1 Unless otherwise stated in the seller's product description, the prices indicated are total prices. Value-added tax does not apply, as the seller is exempt from VAT as a small business. Any additional delivery and shipping costs will be specified separately in the respective product description.

4.2 The payment option(s) will be communicated to the customer in the seller's online shop.

4.3 When selecting the payment method SEPA direct debit, the invoice amount is due after granting a SEPA direct debit mandate, but not before the deadline for the advance information for payment. The direct debit will be collected when the ordered goods leave the seller's warehouse, but not before the deadline for the advance information. Advance information ("Pre-Notification") is any notification (e.g., invoice, policy, contract) from the seller to the customer announcing a charge via SEPA direct debit. If the direct debit is not honored due to insufficient account coverage or because of providing incorrect bank details, or if the customer disputes the debit without being entitled to do so, the customer must bear the fees incurred from the reversal by the respective financial institution if he is responsible for this. The seller reserves the right to conduct a credit check when selecting the payment method SEPA direct debit and to refuse this payment method in case of a negative credit check.

5) Delivery and Shipping Conditions

5.1 If the seller offers shipping of the goods, delivery will take place within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. The delivery address specified in the seller's order processing is decisive for the execution of the transaction.

5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer bears the reasonable costs incurred by the seller as a result. This does not apply to the costs of sending the goods if the customer effectively exercises their right of withdrawal. For the return shipping costs, the regulation specified in the seller's withdrawal instruction applies in the case of effective exercise of the right of withdrawal by the customer.

5.3 If the customer acts as a business, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as the seller has delivered the item to the carrier, the freight forwarder, or any 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 sold goods generally only passes to the customer or a person authorized to receive the goods upon delivery of the goods. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the customer as a consumer as soon as the seller has delivered the item to the carrier, the freight forwarder, or any other person or institution designated to carry out the shipment, if the customer has commissioned the carrier, the freight forwarder, or any other person or institution designated to carry out the shipment and the seller has not previously named this person or institution to the customer.

5.4The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies if the non-delivery is not the seller's fault and he has concluded a specific coverage transaction with the supplier with due diligence. The seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded without delay.

5.5Self-collection is not possible for logistical reasons.

6) Retention of title

If the seller makes an advance payment, he retains ownership of the delivered goods until full payment of the owed purchase price.

7) Liability for defects (Warranty)

Unless otherwise stated in the following provisions, the regulations of statutory liability for defects apply. Deviating from this, in contracts for the delivery of goods:

7.1If the customer acts as an entrepreneur,

the seller has the choice of the type of subsequent performance;
for new goods, the limitation period for rights for defects is one year from the delivery of the goods;
for used goods, the rights for defects are excluded;
the limitation period does not restart if a replacement delivery occurs within the scope of liability for defects.

7.2The liability limitations and time reductions regulated above do not apply

for the customer's claims for damages and reimbursement of expenses,
in the event that the seller has fraudulently concealed the defect,
for goods that have been used in accordance with their usual purpose for a construction project and have caused its defects,
for any existing obligation of the seller to provide updates for digital products in contracts for the delivery of goods with digital elements.

7.3Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claims remain unaffected.

7.4If the customer acts as a merchant in the sense of § 1 HGB, they are subject to the commercial inspection and complaint obligation according to § 377 HGB. If the customer fails to fulfill the reporting obligations regulated there, the goods are deemed approved.

7.5If the customer acts as a consumer, they are requested to report delivered goods with obvious transport damage to the carrier and inform the seller of this. If the customer fails to do so, it has no effect on their statutory or contractual claims for defects.

8) Liability

The seller is liable to the customer for all contractual, quasi-contractual, and statutory claims, including tort claims for damages and reimbursement of expenses as follows:

8.1The seller is fully liable for any legal reason.

in cases of intent or gross negligence,
in cases of intentional or negligent injury to life, body, or health,
due to a guarantee promise, unless otherwise regulated in this regard,
due to mandatory liability such as under the Product Liability Act.

8.2If the seller negligently violates a significant contractual obligation, liability is limited to the typical, foreseeable damage, unless unlimited liability is established according to the preceding clause. Significant contractual obligations are those obligations that the contract imposes on the seller according to its content to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place, and on which the customer can regularly rely.

8.3Furthermore, the seller's liability is excluded.

8.4The above liability provisions also apply with regard to the seller's liability for their agents and legal representatives.

9) Applicable Law

For all legal relationships of the parties, the law of the Federal Republic of Germany applies, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.