The following General Terms and Conditions (GTC) apply to all sales contracts concluded via our online shop under the domain “di1ara.com”.
The contracting party is: di1ara GmbH
Managing Director: Veli Avci
45478 Mühlheim an der Ruhr
Website: www.di1ara.com E-Mail: firstname.lastname@example.org
2. Contractual Item
The goods listed by us in our online shop represent a non-binding catalogue of goods.
3. Conclusion of Contract
Provided the goods are in stock, the customer can place goods from our product catalog in his shopping cart by clicking the button “Add to cart.” By clicking the “Order”-button, the customer makes a binding offer to purchase the goods in the shopping cart. Confirmation of receipt of the order and acceptance of the order is sent via automated e-mail immediately after submitting the shopping cart. The contract for the purchase of the goods is concluded with this order confirmation.
Before pressing the “Order”-button, the customer can check the contents of the shopping cart and his personal data provided and make changes as well as correct input errors at any time by selecting the respective step of the checkout process.
4. Prices and Payment
The prices stated by us are gross prices, including all legal price components and the applicable sales tax plus shipping costs. The amount of shipping costs can be found in the menu item “Delivery.” The actual shipping costs will be displayed to the customer before the order process is completed. Shipping within Germany is free of charge for orders over € 25.00.
We offer the following payment methods: PayPal, Advance Payment (bank transfer), and payment with KLARNA.
5. Right of Withdrawal
Customers who are also consumers have a legal right of withdrawal in distance selling. Consumers
are natural persons who conclude a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their self-employed professional activity.
The information on the right of withdrawal, in particular on conditions, deadlines, and procedures for exercising the right of withdrawal, as well as the model withdrawal form, is available under the menu item “Right of Withdrawal.”
The right of withdrawal does not apply to contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if the seal has been removed after delivery. Opened and used cosmetics cannot be returned for reasons of hygiene if the usual method of application is one that is applied directly to the body, such as with lipsticks. The customer should, therefore, consider whether he wants to keep the product before using it.
The goods offered by us will be shipped within 3 business days after receipt of payment. More details about shipping can be found under the menu item “Delivery.”
7. Liability for Defects
The customer’s rights of liability for defects are based on the statutory provisions.
Claims of the customer for damages are excluded, as far as it is not a matter of claims for damages from the injury of life, body, health, as well as the liability for other damages, which are based on an intentional or grossly negligent breach of duty by us or our vicarious agents. Furthermore, the liability for the violation of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the customer may regularly rely on, remains unaffected. In the event of a minor negligent breach of these contractual obligations, we shall only be liable for the foreseeable damage typical of the contract, unless the customer's claims for damages are based on injury to life, body or health.
9. Retention of Title, Offsetting
If the customer is a consumer, we reserve the right of ownership of the purchased item until the purchase price has been paid in full. If the customer is an entrepreneur in the exercise of his commercial or independent professional activity, a legal entity under public law or a special fund under public law, we reserve the right of ownership of the object of sale until all outstanding claims from the business relationship with the buyer have been settled. The corresponding security interests are transferable to third parties.
The customer shall only be entitled to offsetting if the counterclaims have been legally established or are undisputed or acknowledged and are based on the same contractual relationship.
10. Storage of Contractual Text
We store the contractual text and the data of the customer necessary for the processing of the sales contract; an unauthorized disclosure to third parties by us does not occur. The data will be deleted after the processing of the contract and after the expiration of the legal liability for defects rights. The customer can inquire from us at any time and by any possible means of communication, whether and which data we have stored.
11. Final Provisions
All contracts with us are subject to German law, excluding the UN Sales Convention. The choice of law applies to consumers only if no consumer-protecting norms of the home country are restricted by this (principle of advantage). For all legal transactions in which a consumer is not involved, our registered office is agreed as the place of jurisdiction.
Status: December 2019