General terms and conditions with customer information

Table of contents

1. Scope
2. Conclusion of contract
3. Right of withdrawal
4. Prices and payment terms
5. Delivery and shipping conditions
6. Liability for defects
7. Redemption of promotional vouchers
8. Redemption of gift vouchers
9. Applicable law, place of jurisdiction

1) Scope

1.1 These terms and conditions of Tayyip Taha Elik, trading under "Seneli" (hereinafter "Seller"), apply to all contracts that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with regard to the goods and/or services presented by the Seller in his online shop. The inclusion of the Customer's own terms and conditions is hereby contradicted, unless otherwise agreed.

1.2 These General Terms and Conditions shall apply accordingly to contracts for the delivery of vouchers, unless expressly agreed otherwise.

1.3 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for a purpose that cannot be attributed to either their commercial or their independent professional activity. An entrepreneur within the meaning of these General Terms and Conditions is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

2) Conclusion of 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 submit a binding offer by the customer.

2.2 The customer can submit the offer using the online order form integrated in the seller's online shop. After entering his personal data, the customer submits a legally binding contract offer in relation to the goods and/or services contained in the shopping cart by clicking the button that completes the order process.

2.3 The Seller may 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 e-mail), 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 placing his order.

If several of the aforementioned alternatives exist, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.

2.4 If the customer selects "PayPal Express" as the payment method during the ordering process, he also issues a payment order to his payment service provider by clicking the button that completes the ordering process. In this case, the seller hereby declares, in deviation from section 2.3, that he accepts the customer's offer at the time the customer initiates the payment process by clicking the button that completes the ordering process.

2.5 The period for accepting the offer begins on the day after the offer is sent by the customer and ends on the expiry of the fifth day following the sending of the offer.

2.6 When submitting an offer via the seller's online order form, the contract text is saved by the seller and sent to the customer after sending his order together with these general terms and conditions in text form (e.g. email, fax or letter). However, the customer can no longer access the contract text via the seller's website after sending his order.

2.7 Before the binding submission of the order via the seller's online order form, the customer can continuously correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.

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

2.9 Order processing and contact are carried out via email and automated order processing. The customer must ensure that the email address provided by him for order processing 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

Consumers generally have a right of withdrawal. Further information on the right of withdrawal can be found in the seller's cancellation policy.

4) Prices and payment terms

4.1 The prices stated by the seller are total prices. VAT is not shown as the seller is subject to the small business regulation. Any additional delivery and shipping costs are stated separately in the respective product description.

4.2 For deliveries to countries other than Switzerland, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also arise in relation to the transfer of money if the delivery takes place within Switzerland but the customer makes the payment from a country other than Switzerland.

4.3 Various payment options are available to the Customer, which are specified in the Seller’s online shop.

4.4 If advance payment has been agreed, payment is due immediately after conclusion of the contract.

4.5 If the payment method "SOFORT" is selected, payment processing is carried out via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the customer must have an online banking account activated for participation in "SOFORT", identify themselves accordingly during the payment process and confirm the payment instruction to "SOFORT". The payment transaction is carried out immediately afterwards by "SOFORT" and the customer's bank account is debited. The customer can find more information about the payment method "SOFORT" on the Internet at https://www.klarna.com /sofort / retrieve.

4.6 If you select a payment method offered via the payment service "Shopify Payments", the payment will be processed via 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 via Shopify Payments will be communicated to the customer in the seller's online shop. To process payments, Stripe may use other payment services for which special payment terms may apply, to which the customer may be informed separately. Further information on "Shopify Payments" can be found on the Internet at https://www.shopify.com /legal /terms-payments-de available.

4.7 The credit card payment method requires a successful credit check by secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.de). If the customer is permitted to pay by credit card after a credit check, the payment is processed in cooperation with secupay AG, to which the provider assigns its payment claim. secupay AG collects the invoice amount from the customer's specified credit card account. In the event of assignment, payments can only be made to secupay AG with debt-discharging effect. The credit card is charged immediately after the customer has sent the order in the online shop. Even if the credit card payment method is selected via secupay AG, the provider remains responsible for general customer inquiries, e.g. about the goods, delivery times, shipping, returns, complaints, cancellation notices and shipments or credit notes.

4.8 If you select the payment method "PayPal", the payment will be processed via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg under the PayPal terms of use, which can be viewed at https://www.paypal.com /ch /webapps /mpp /ua /useragreement-full ?locale.x=de_CH This requires, among other things, that the customer opens a PayPal account or already has such an account.

5) Delivery and shipping conditions

5.1 Goods are usually delivered by post to the delivery address provided by the customer. When processing the transaction, the delivery address provided by the seller during order processing is decisive. In deviation from this, if the PayPal payment method is selected, the delivery address provided by the customer to PayPal at the time of payment is decisive.

5.2 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful shipment.

5.3 In principle, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the buyer when the goods are dispatched or handed over to the person commissioned to carry out the transport.

5.4 Self-collection is not possible for logistical reasons.

6) Liability for defects

The statutory liability for defects applies.

7) Redemption of promotional vouchers

7.1 Vouchers issued free of charge by the Seller as part of promotional campaigns 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.

7.2 Individual products may be excluded from the voucher promotion if a corresponding restriction arises from the content of the promotional voucher.

7.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

7.4 Only one promotional voucher can be redeemed per order.

7.5 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.

7.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.

7.7 The balance of a promotional voucher will not be paid out in cash and will not accrue interest.

7.8 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 contractual right of withdrawal, provided that such a right has been agreed.

7.9 The promotional voucher is only intended for use by the person named on it. Transferring the promotional voucher to third parties is not permitted. The seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.

8) Redemption of gift vouchers

8.1 Vouchers that can be purchased via the Seller's online shop (hereinafter "gift vouchers") can only be redeemed in the Seller's online shop, unless otherwise stated in the voucher.

8.2 Gift vouchers and remaining credits on gift vouchers can be redeemed until the end of the third year following the year in which the voucher was purchased. Any remaining credit will be credited to the customer until the expiry date.

8.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

8.4 Only one gift voucher can be redeemed per order.

8.5 Gift vouchers can only be used to purchase goods and not to purchase additional gift vouchers.

8.6 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 selected to settle the difference.

8.7 The balance of a gift voucher will not be paid out in cash and will not accrue interest.

8.8 The gift voucher is transferable. The seller can make a payment to the respective holder who redeems the gift voucher in the seller's online shop with a discharging effect. This does not apply if the seller has knowledge or grossly negligent ignorance of the ineligibility, incapacity or lack of authority to represent the respective holder.

9) Applicable law, place of jurisdiction

9.1 If the customer acts as a consumer, Swiss law shall apply to all legal relationships between the parties, excluding the UN Convention on the International Sale of Goods, and the exclusive place of jurisdiction for all disputes arising from this contract shall be the customer's place of residence.

9.2 If the customer acts as an entrepreneur, the exclusive place of jurisdiction for all disputes arising from this contract is the place of residence or business of the seller.