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Terms and Conditions with Customer Information

Table of Contents

Scope of Application
Conclusion of Contract
Right of Withdrawal
Prices and Payment Terms
Delivery and Shipping Conditions
Retention of Title
Liability for Defects (Warranty)
Applicable Law
Alternative Dispute Resolution

1) Scope of Application

1.1 These Terms and Conditions (hereinafter referred to as "T&C") of 22LBLS/Zia Nadjib (hereinafter referred to as "Seller") apply to all contracts for the delivery of goods concluded by a consumer or business customer (hereinafter referred to as "Customer") with the Seller regarding the goods presented by the Seller in their online shop. The inclusion of the Customer’s own conditions is hereby rejected, unless otherwise agreed.

1.2 A consumer within the meaning of these T&C is any natural person who enters into a legal transaction for purposes that predominantly are outside their trade, business, or professional activities. A business customer is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of Contract

2.1 The product descriptions in the Seller’s online shop do not constitute binding offers from the Seller but serve for the Customer to submit a binding offer.

2.2 The Customer can submit an offer via the online order form integrated into the Seller’s online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding offer regarding the goods in the shopping cart by clicking the button that finalizes the order.

2.3 The Seller may accept the Customer’s offer within five days by:

  • sending a written order confirmation or an order confirmation in text form (fax or e-mail), with receipt by the Customer being decisive; or

  • delivering the ordered goods to the Customer, with receipt by the Customer being decisive; or

  • requesting payment from the Customer after the order has been placed.

If several of these alternatives occur, the contract is concluded at the time one of these alternatives first occurs.
The deadline for accepting the offer begins on the day after the Customer sends the offer and ends at the close of the fifth day following the offer. If the Seller does not accept the Customer’s offer within this period, the offer is deemed rejected and the Customer is no longer bound by their declaration of intent.

2.4 When selecting a payment method offered by PayPal, 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, under PayPal’s terms of use, viewable at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or, for customers without a PayPal account, under the conditions for payments without a PayPal account at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
If the Customer pays using a PayPal-offered payment method selectable during the online order process, the Seller declares acceptance of the Customer’s offer at the moment the Customer clicks the button that completes the ordering process.

2.5 When placing an offer via the Seller’s online order form, the contract text is stored by the Seller after conclusion of the contract and sent to the Customer in text form (e.g., e-mail, fax, or letter) after the Customer submits their order. Beyond that, the Seller does not make the contract text accessible.
If the Customer has created a user account in the Seller’s online shop before submitting their order, the order data is archived on the Seller’s website and can be accessed by the Customer free of charge via their password-protected user account using the corresponding login data.

2.6 Before submitting a binding order via the Seller’s online order form, the Customer can recognize possible input errors by carefully reading the information displayed on the screen. A helpful technical tool for better detection of input errors is the browser’s magnification 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 completing the order.

2.7 The language available for concluding the contract is exclusively German.

2.8 Order processing and contact usually take place via e-mail and automated order processing. The Customer must ensure that the e-mail address provided for order processing is accurate so that emails sent by the Seller can be received at this address. Particularly when using spam filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned with order processing can be delivered.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Detailed information about the right of withdrawal can be found in the Seller’s withdrawal 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 VAT. Any additional delivery and shipping costs will be stated separately in the respective product description.

4.2 The available payment methods are communicated to the Customer in the Seller’s online shop.

4.3 When selecting the "SOFORT" payment method, payment is processed by SOFORT GmbH, Theresienhöhe 12, 80339 Munich, Germany (hereinafter "SOFORT"). To pay via "SOFORT", the Customer must have an online banking account enabled for participation in "SOFORT", authenticate accordingly during the payment process, and confirm the payment instruction to "SOFORT". The payment transaction will be executed immediately after by "SOFORT" and the Customer’s account will be debited.
Further information about the "SOFORT" payment method is available at https://www.klarna.com/sofort/.

4.4 When selecting direct debit via Stripe, payment is processed by Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). In this case, Stripe collects the invoice amount after a SEPA direct debit mandate has been issued but not before the expiry of the pre-notification period on behalf of the Seller. "Pre-notification" is any notification (e.g., invoice, policy, contract) to the Customer that announces a debit via SEPA direct debit.
If the direct debit cannot be processed due to insufficient funds or due to incorrect bank account details, or if the Customer objects to the debit without justification, the Customer must bear the costs incurred by the respective financial institution due to the chargeback, if they are responsible.
The Seller reserves the right to carry out a credit check when selecting SEPA direct debit and to reject this payment method if the result is negative.

4.5 When selecting credit card payment via Stripe, the invoice amount becomes immediately due upon conclusion of the contract. Payment processing is carried out by Stripe Payments Europe Ltd. The Seller reserves the right to perform a credit check and may refuse this payment method if the result is negative.

5) Delivery and Shipping Conditions

5.1 The delivery of goods takes place by shipping to the delivery address provided by the Customer, unless otherwise agreed. The delivery address provided during the ordering process is decisive.

5.2 If delivery fails for reasons attributable to the Customer, the Customer must bear the reasonable costs incurred by the Seller. This does not apply to the shipping costs if the Customer effectively exercises their right of withdrawal. For return shipping costs, the provisions stated in the Seller’s withdrawal policy apply.

5.3 Self-collection of goods is not possible for logistical reasons.

6) Retention of Title

If the Seller provides advance performance, the goods remain the property of the Seller until full payment of the purchase price.

7) Liability for Defects (Warranty)

7.1 If the purchased item is defective, the statutory liability for defects applies.

7.2 If the Customer acts as a consumer, they are requested to report goods with obvious transport damage to the carrier and inform the Seller accordingly.
Failure to comply with this does not affect the Customer’s statutory or contractual claims for defects.

8) Applicable Law

All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of goods.
For consumers, this choice of law applies only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence.

9) Alternative Dispute Resolution

9.1 The EU Commission provides a platform for online dispute resolution at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.

9.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.