Sunnah Shop
Allgemeine Geschäftsbedingungen
Table of Contents
- Scope
- Conclusion of the contract
- Right of withdrawal
- Prices and payment terms
- Delivery and shipping conditions
- Right of ownership reservation
- Defective liability (warranty)
- Liability
- Redeeming action vouchers
- Applicable law
- Jurisdiction
- Code of Conduct
- Alternative dispute resolution
1) Scope of application
1.1 These General Terms and Conditions (hereinafter „AGB“) of Bilal El Hammoud e.K., owner: Bilal El Hammoud (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 displayed by the Seller in its online shop. This excludes the inclusion of the customer’s own terms and conditions, unless otherwise agreed.
1.2 For the purposes of these terms and conditions, a consumer is any natural person who enters into a legal transaction for purposes that cannot be predominantly attributed to their commercial or self-employed professional activities.
1.3 An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership that acts when concluding a legal transaction in the exercise of its commercial or self-employed professional activity.
2) Conclusion of the contract
2.1 The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve to provide 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. After placing the selected items in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding offer to purchase the items contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer can submit the offer by email, online contact form, or by telephone to the seller.
2.3 The seller can accept the customer's offer within five days,
- by providing the customer with 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 in this respect, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive in this respect, or
- by asking the customer to pay after placing their order.
If several of the aforementioned alternatives exist, the contract comes into effect at the point when 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 with the expiry 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 shall be considered a rejection of the offer, with the consequence that the customer is no longer bound by his/her will.
2.4 When choosing a payment method offered by PayPal, the payment is processed through the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: „PayPal“), in accordance with the PayPal Terms of Use, which can be found at https://www.paypal.com
2.5 When ordering via the seller’s online ordering form, the contract text is stored by the seller after the conclusion of the contract and sent to the customer in text form (e.g. email, fax or letter) after the customer’s order has been submitted. The seller does not provide any further access to the contract text. If the customer has set up a user account in the seller’s online shop before submitting their order, the order details are stored on the seller’s website and can be accessed by the customer free of charge via their password-protected user account by providing the appropriate login details.
2.6 Before bindingly submitting the order via the seller’s online ordering form, the customer can detect 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 allows the display on the screen to be enlarged. The customer can correct their entries within the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the order.
2.7 German is the language used for contract conclusion.
2.8 The order processing usually takes place automatically via email. 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 that address.
3) Right of withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information regarding the right of withdrawal can be found in the seller's cancellation policy.
4) Prices and payment terms
4.1 Unless otherwise stated in the seller's product description, the prices indicated are total prices that include the statutory sales tax. Any additional delivery and shipping costs that may apply are separately stated in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases that the seller is not responsible for and that the customer must bear. These include, for example, costs for the transfer of funds by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also be incurred in connection with the transfer of funds 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.
4.3 The payment method/s will be communicated to the customer in the online shop of the seller.
4.4 If advance payment by bank transfer is agreed upon, payment is due immediately after the conclusion of the contract, unless the parties have agreed on a later due date.
4.5 When choosing a payment method offered through the payment service „PayPal“, the payment is processed via PayPal, whereby PayPal may also use the services of third-party payment service providers to this end. If the seller also offers payment methods in which he/she advances against the customer (e.g., invoice purchase or installment payment), he/she will assign his/her payment claim to PayPal or to the payment service provider appointed by PayPal and specifically named to the customer. Before accepting the seller’s assignment declaration, PayPal or the payment service provider appointed by PayPal will conduct a credit check using the customer data provided. The seller reserves the right to refuse the selected payment method to the customer in the event of a negative credit check result. Upon acceptance of the selected payment method, the customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, they may only pay to PayPal or the payment service provider commissioned by PayPal with a discharge of liability effect. However, the seller remains responsible for general customer inquiries, e.g. regarding the goods, delivery time, shipping, returns, complaints, withdrawal declarations and returns, or credits, even in the event of assignment of claims.
4.6 When choosing a payment method offered through the payment service „Stripe“, the payment is processed through the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered through Stripe are communicated to the customer in the online shop of the seller. To process payments, Stripe may use additional payment services for which special payment terms may apply, which the customer may be referred to separately if necessary. Further information about Stripe can be found on the Internet at https://stripe.com
4.7 When choosing the payment method "Invoice purchase", the purchase price becomes due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 14 (fourteen) days from receipt of the invoice, unless otherwise agreed. The seller reserves the right to offer the "Invoice purchase" payment method only up to a certain order volume and to reject this payment method if the stated order volume is exceeded. In this case, the seller will inform the customer in their payment information in the online shop about a corresponding payment restriction.
5) Delivery and shipping conditions
5.1 If the seller offers shipping of the goods, delivery will be made 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 the one that will be used for the transaction.
5.2 If delivery of the goods fails for reasons attributable to the customer, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of sending the goods if the customer exercises his right of withdrawal effectively. For the return costs, the regulation set out in the seller’s cancellation policy shall apply if the customer exercises his right of withdrawal effectively.
5.3 If the customer is acting as a businessman, the risk of accidental destruction and accidental deterioration of the sold goods shall pass to the customer as soon as the seller has delivered the item to the freight forwarder, the carrier or any other person or entity designated for the execution of the shipment. If the customer is acting as a consumer, the risk of accidental destruction and accidental deterioration of the sold goods shall generally only pass upon delivery of the item to the customer or to a person entitled to receive it. By way of derogation from this, the risk of accidental destruction or deterioration of the sold goods also passes to the customer once the seller has delivered the item to the carrier, freight forwarder or other person or agency designated to carry out the shipment, if the customer has not previously appointed that person or agency to carry out the shipment.
5.4 If the customer, acting as a consumer, is based in Germany or as a business owner, the seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies, however, only in the event that the non-delivery is not attributable to the seller and that the seller has concluded a concrete hedging transaction with the supplier with the required 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 immediately.
5.5 If the seller offers the goods for pickup, the customer can pick up the ordered goods within the business hours specified by the seller at the address specified by the seller. In this case, no shipping costs are charged.
6) Ownership reservation
If the seller defaults, he reserves ownership of the delivered goods until the full purchase price is paid.
7) Defect liability (warranty)
Unless otherwise stated in the following regulations, the provisions of statutory warranty apply. By way of derogation, in the case of contracts for the delivery of goods:
7.1 If the customer is acting as an entrepreneur,
- the seller has the choice of the type of subsequent performance;
- for new goods, the limitation period for claims for defects is one year from the delivery of the goods;
- in the case of used goods, the rights of defects are excluded;
- The limitation period does not begin again if a replacement delivery is made as part of the warranty for defects.
7.2 The liability limitations and time-shortening provisions set forth above do not apply.
- for claims for damages and costs incurred by the customer,
- in the event that the seller has deliberately concealed the defect,
- for goods that have been used in accordance with their usual purpose for a building and that caused the defect thereof,
- for any existing obligation of the seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.
7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing legal claims remain unaffected.
7.4 If the customer acts as a merchant within the meaning of § 1 of the German Commercial Code (HGB), he is subject to the commercial investigation and complaint obligations under § 377 of the HGB. If the customer fails to comply with the reporting obligations stipulated therein, the goods shall be deemed approved.
7.5 If the customer is acting as a consumer, they are asked to report any delivered goods with obvious transport damage to the delivery person and to inform the seller accordingly. If the customer does not comply with this, this has no effect on their statutory or contractual claims for defects.
8) Liability
The seller shall be liable to the customer for all contractual, quasi-contractual and statutory claims for damages and expenses, including criminal claims, as follows:
8.1 The seller is fully liable for any legal reason.
- in cases of intent or gross negligence,
- in the case of intentional or negligent injury to life, body or health,
- based on a warranty promise, unless otherwise stipulated in this regard,
- due to mandatory liability, such as under the Product Liability Act.
8.2 If the customer is a consumer residing in Germany or an entrepreneur, the following limitations of liability apply:
If the seller negligently breaches an essential contractual obligation, his liability is limited to the contract-typical, foreseeable damage, unless he is fully liable in accordance with the preceding paragraph. Essential contractual obligations are obligations that the contract imposes on the seller according to its content for achieving the contractual purpose, the fulfillment of which makes the proper execution of the contract possible in the first place and the observance of which the customer may regularly rely on. Furthermore, liability of the seller is excluded unless he is fully liable in accordance with the preceding paragraph.
8.3 The above liability provisions also apply with regard to the seller's liability for its agents and legal representatives.
9) Redemption of promotional vouchers
9.1 Vouchers that are issued free of charge by the seller as part of promotional campaigns with a specific validity period and that cannot be purchased by the customer (hereinafter "action vouchers") may only be redeemed in the seller's online shop and only within the specified period.
9.2 Promotional vouchers can only be redeemed by consumers.
9.3 Individual products may be excluded from the voucher promotion if a corresponding restriction is specified in the voucher promotion content.
9.4 Promotional vouchers can only be redeemed before the completion of the order process. No subsequent refund is possible.
9.5 Only one promotional voucher can be redeemed per order.
9.6 If the promotional voucher refers to a specific value and not to a percentage discount, 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 insufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference amount.
9.8 The balance of an action voucher is not paid out in cash nor is it subject to interest.
9.9 The promotional voucher is not refundable if the customer returns the goods fully or partially paid for with the promotional voucher within the framework of their statutory right of withdrawal.
9.10 The promotional voucher is transferable. The seller may transfer it with effect of liberative to the respective holder, who uses the promotional voucher in the online shop of the seller. This does not apply if the seller has knowledge or gross negligent ignorance of the non-eligibility, business incapacity or lack of representation of the respective holder.
10) Applicable law
The laws of the Federal Republic of Germany apply to all legal relations between the parties, excluding the laws governing the international sale of movable goods. For consumers, this choice of law applies only to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.
11) Place of jurisdiction
If the customer is acting as a merchant, a legal person under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the place of business of the seller. If the customer is located outside the territory of the Federal Republic of Germany, the place of business of the seller shall be the exclusive place of jurisdiction for all disputes arising from this contract, provided that the contract or claims arising from the contract can be attributed to the professional or commercial activity of the customer. In any case, the seller shall be entitled to call the court at the customer’s place of business in the above cases.
12) Code of Conduct
- The seller has agreed to the terms of participation in the eCommerce initiative „Fairness in Trade“, which can be found online at https://www.fairness-im-handel.de
/participation conditions visible./ - The seller has adhered to the Trusted Shops quality criteria, which can be found online at https://business.trustedshops.de
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13) Alternative dispute resolution
The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration body.
