General Terms and Conditions with Customer Information & Privacy Policy Information

Table of Contents:

  • A. General Terms and Conditions with Customer Information
    • Scope
    • Prices and Payment Conditions
    • Delivery and Shipping Conditions
    • Retention of Title
    • Liability for Defects (Warranty)
    • Liability
    • Applicable Law
    • Alternative Dispute Resolution
  • B. Privacy Policy Information
    • Information on the Collection of Personal Data and Contact Details of the Controller
    • Data Processing for Order Handling
    • Rights of the Data Subject
    • Duration of Storage of Personal Data

A. General Terms and Conditions with Customer Information

1) Scope

1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of Hidir Bakis (hereinafter referred to as “Seller”) apply to all contracts concluded between a consumer or entrepreneur (hereinafter referred to as “Customer”) and the Seller regarding the goods displayed and/or advertised by the Seller in his shop or sales premises, with both parties being present simultaneously. The inclusion of the Customer’s own conditions is hereby objected to, unless otherwise agreed.

1.2 A consumer in the sense of these GTC is any natural person who enters into a legal transaction for purposes that predominantly are outside his or her trade, business, or profession. An entrepreneur in the sense of these GTC is a natural or legal person or a legal partnership acting in the exercise of its trade, business, or profession when entering into a legal transaction.

2) Prices and Payment Conditions

2.1 The prices quoted are total prices and include the statutory value-added tax.

2.2 Payment options will be communicated to the Customer in the Seller’s shop.

3) Delivery and Shipping Conditions

If the Seller ships the sold goods to an address specified by the Customer upon the Customer’s request, the following applies to the delivery of the goods:

3.1 For deliveries to countries outside the European Union, additional costs may arise in individual cases which the Seller is not responsible for and which are to be borne by the Customer. These include, for example, import duties or taxes (e.g., customs duties).

3.2 Goods delivered by a freight carrier are delivered “free curbside,” meaning to the nearest curbside of the delivery address, unless otherwise specified in the shipping information in the Seller’s online shop and unless otherwise agreed.

3.3 If the transport company returns the shipped goods to the Seller because delivery to the Customer was not possible, the Customer bears the costs for the unsuccessful shipment. This does not apply if the Customer is not responsible for the circumstance leading to the impossibility of delivery or if the Customer was temporarily prevented from accepting the offered service, unless the Seller had announced the service to the Customer within a reasonable time in advance. Moreover, this does not apply regarding the costs for the initial shipment if the Customer effectively exercises his right of withdrawal. For the return costs, the provisions set out in the Seller’s withdrawal policy shall apply.

3.4 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the goods to the freight carrier, the carrier, or the person or institution otherwise responsible for carrying out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes to the Customer only upon handover of the goods to the Customer or an authorized recipient. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer if the Customer instructs the freight carrier, the carrier, or the person or institution otherwise responsible for carrying out the shipment and the Seller has not previously named this person or institution to the Customer.

3.5 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies if the Seller is not responsible for the non-delivery and if the Seller has concluded a specific hedging transaction with due care. The Seller will make all reasonable efforts to procure the goods. In case of non-availability or only partial availability of the goods, the Customer will be informed immediately, and the consideration will be refunded without delay.

4) Retention of Title

4.1 With respect to consumers, the Seller retains title to the delivered goods until full payment of the purchase price owed.

4.2 With respect to entrepreneurs, the Seller retains title to the delivered goods until all claims from an ongoing business relationship have been fully settled.

4.3 If the Customer acts as an entrepreneur, he is entitled to resell the reserved goods in the ordinary course of business. All claims arising from this resale against third parties are hereby assigned by the Customer to the Seller in advance in the amount of the respective invoice value (including VAT). This assignment shall apply irrespective of whether the reserved goods have been resold without or after processing. The Customer remains authorized to collect the claims even after the assignment. The Seller’s authority to collect the claims himself remains unaffected. However, the Seller will not collect the claims as long as the Customer meets his payment obligations towards the Seller, does not default on payment, and no application for the opening of insolvency proceedings has been filed.

5) Liability for Defects (Warranty)

If the purchased item is defective, the provisions of the statutory liability for defects shall apply. Deviating from this, the following applies:

5.1 If the Customer acts as an entrepreneur,

  • the Seller has the choice of the type of supplementary performance;
  • the limitation period for defects in new goods is one year from the transfer of risk;
  • the rights and claims for defects in used goods are generally excluded;
  • the limitation period does not start again if a replacement delivery is made within the scope of liability for defects.

5.2 If the Customer acts as a consumer, the limitation period for claims for defects in used goods is one year from the delivery of the goods to the Customer, with the restriction of the following clause.

5.3 The above-mentioned limitations of liability and shortened limitation periods do not apply

  • for items that have been used for a building in accordance with their usual use and have caused its defectiveness,
  • for claims for damages and reimbursement of expenses by the Customer, as well as
  • if the Seller has fraudulently concealed the defect.

5.4 Furthermore, for entrepreneurs, the statutory limitation periods for the right of recourse according to § 478 BGB remain unaffected.

5.5 If the Customer acts as a merchant within the meaning of § 1 HGB, he is subject to the commercial inspection and notification obligation according to § 377 HGB. If the Customer fails to comply with the notification obligations regulated therein, the goods are deemed to have been approved.

5.6 If the Customer acts as a consumer, he is asked to complain about delivered goods with obvious transport damage to the delivery agent and to inform the Seller thereof. If the Customer does not comply with this, this has no effect on his statutory or contractual claims for defects.

6) Liability

The Seller is liable to the Customer for all contractual, quasi-contractual, and statutory, including tortious, claims for damages and reimbursement of expenses as follows:

6.1 The Seller is liable without limitation for any legal reason

  • in the event of intent or gross negligence,
  • in the event of intentional or negligent injury to life, body, or health,
  • on the basis of a guarantee promise, unless otherwise regulated,
  • on the basis of mandatory liability, such as under the Product Liability Act.

6.2 If the Seller negligently breaches an essential contractual obligation, the liability is limited to the foreseeable damage typical for the contract, unless unlimited liability applies according to the above clause. Essential contractual obligations are obligations that the contract imposes on the Seller according to its content to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the compliance with which the Customer regularly relies.

6.3 Otherwise, the Seller’s liability is excluded.

6.4 The above liability regulations also apply with regard to the Seller’s liability for his vicarious agents and legal representatives.

7) Applicable Law

For all legal relationships of the parties, the law of the Federal Republic of Germany shall apply, excluding the laws on the international purchase 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 his habitual residence.

8) Alternative Dispute Resolution

8.1 The EU Commission provides a platform for online dispute resolution on the Internet 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.

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

B. Privacy Policy Information

1) Information on the Collection of Personal Data and Contact Details of the Controller

1.1 Below we inform you about the handling of your personal data. Personal data are all data with which you can be personally identified.

1.2 The controller for data processing on this website within the meaning of the General Data Protection Regulation (GDPR) is Hidir Bakis, Hauptstr. 42, 07751 Rothenstein, Germany, Tel.: 036424 713790, Fax: 036424 713791, Email: alibakis@hotmail.de. The controller for the processing of personal data is the natural or legal person who, alone or jointly with others, determines the purposes and means of the processing of personal data.

2) Data Processing for Order Handling

In the context of the payment processing, we will transmit your payment data to the credit institution entrusted with the payment, as far as this is necessary for the payment process. Insofar as payment service providers are used, we explicitly inform you about this below. The legal basis for the transfer of data is Art. 6(1)(b) GDPR.

3) Rights of the Data Subject

3.1 The applicable data protection law grants you comprehensive rights (rights of access and intervention) regarding the processing of your personal data, which we inform you about below:

  • Right of Access (Art. 15 GDPR): You have the right to obtain information about your personal data processed by us, the purposes of processing, the categories of personal data processed, the recipients or categories of recipients to whom your data have been or will be disclosed, the envisaged storage period or the criteria for determining the storage period, the existence of the right to rectification, erasure, restriction of processing, objection to processing, the right to lodge a complaint with a supervisory authority, the source of your data if not collected from you by us, the existence of automated decision-making including profiling and, if applicable, meaningful information about the logic involved and the significance and envisaged consequences of such processing, as well as your right to be informed of the safeguards pursuant to Art. 46 GDPR when your data are transferred to third countries.
  • Right to Rectification (Art. 16 GDPR): You have the right to have inaccurate data about you corrected and incomplete data completed.
  • Right to Erasure (Art. 17 GDPR): You have the right to request the erasure of your personal data under the conditions of Art. 17(1) GDPR. However, this right does not exist, in particular, when the processing is necessary for the exercise of the right to freedom of expression and information, for compliance with a legal obligation, for reasons of public interest, or for the establishment, exercise, or defense of legal claims.
  • Right to Restriction of Processing (Art. 18 GDPR): You have the right to request the restriction of processing of your personal data as long as the accuracy of your data contested by you is being verified, if you oppose the erasure of your data due to unlawful data processing and instead request the restriction of their use, if you need your data for the establishment, exercise, or defense of legal claims once we no longer need these data after the purpose has been achieved, or if you have objected on grounds relating to your particular situation pending the verification of whether our legitimate grounds override your rights.
  • Right to Notification (Art. 19 GDPR): If you have asserted the right to rectification, erasure, or restriction of processing against the controller, the controller is obliged to communicate this rectification or erasure of data or restriction of processing to each recipient to whom the personal data have been disclosed, unless this proves impossible or involves disproportionate effort. You have the right to be informed about these recipients.
  • Right to Data Portability (Art. 20 GDPR): You have the right to receive your personal data that you have provided to us in a structured, commonly used, and machine-readable format or to request that it be transmitted to another controller, where technically feasible.
  • Right to Withdraw Consent (Art. 7(3) GDPR): You have the right to withdraw your consent at any time with effect for the future. In the event of withdrawal, we will delete the data concerned immediately unless further processing can be based on a legal basis for processing without consent. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.
  • Right to Lodge a Complaint (Art. 77 GDPR): If you consider that the processing of personal data relating to you infringes the GDPR, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work, or place of the alleged infringement.

3.2 Right to Object

If we process your personal data based on our overriding legitimate interest within the framework of a balancing of interests, you have the right to object to this processing with effect for the future on grounds arising from your particular situation.

If you exercise your right to object, we will stop processing the data concerned. However, we reserve the right to continue processing if we can demonstrate compelling legitimate grounds for processing that override your interests, fundamental rights, and freedoms, or if the processing serves the establishment, exercise, or defense of legal claims.

If your personal data are processed by us for direct marketing purposes, you have the right to object to the processing of your personal data for such marketing at any time. You can exercise the objection as described above.

If you exercise your right to object, we will stop processing the data concerned for direct marketing purposes.

4) Duration of Storage of Personal Data

The duration of the storage of personal data is determined by the respective statutory retention period (e.g., commercial and tax retention periods). After the expiry of this period, the corresponding data are routinely deleted, provided that they are no longer necessary for the fulfillment or initiation of the contract and/or there is no legitimate interest on our part for further storage.