Terms and conditions with customer information

1.1 These terms and conditions (hereinafter “Terms”) of Mürsel Topal, trading as “Maxwall-Lichtwand.de” (hereinafter “Seller”), apply to all contracts for the supply of goods that a consumer or business (hereinafter “Customer”) concludes with the Seller with regard to the goods displayed by the Seller in his online shop. The inclusion of the Customer's own terms is hereby objected to, unless something different has been agreed.

1.2 For contracts for the supply of vouchers, these Terms apply accordingly, unless something different is expressly provided in that respect.

1.3 Consumer within the meaning of these Terms is any natural person who concludes a legal transaction for purposes that can be attributed neither predominantly to their commercial nor to their self-employed professional activity. Business within the meaning of these Terms is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.

2.1 The product descriptions contained in the Seller's online shop are not binding offers on the part of the Seller, but serve to enable the Customer to submit a binding offer.

2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. In doing so, after placing the selected goods in the virtual basket and going through the electronic ordering process, the Customer submits a legally binding offer of a contract for the goods in the basket by clicking the button that completes the ordering process. The Customer can also submit the offer to the Seller by email.

2.3 The Seller can 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 email), in which case receipt of the order confirmation by the Customer is decisive, or

by delivering the ordered goods to the Customer, in which case receipt of the goods by the Customer is decisive, or

by requesting the Customer to pay after the Customer has placed their order.

If several of the aforementioned alternatives apply, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins to run on the day after the Customer sends the offer and ends at the end 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 is deemed a rejection of the offer, with the result that the Customer is no longer bound by his declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal terms of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full, or, if the Customer does not have a PayPal account, subject to the terms for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a payment method offered by PayPal that can be selected in the online ordering process, the Seller already declares acceptance of the Customer's offer at the time at which the Customer clicks the button that completes the ordering process.

2.5 When an offer is submitted via the Seller's online order form, the text of the contract 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 sent. The Seller does not make the text of the contract accessible beyond this. If the Customer set up a user account in the Seller's online shop before sending the order, the order data is archived on the Seller's website and can be retrieved free of charge by the Customer via their password-protected user account by entering the corresponding login details.

2.6 Before submitting the order bindingly via the Seller's online order form, the Customer can recognise possible input errors by reading the information displayed on the screen attentively. An effective technical means of recognising input errors better can be the zoom function of the browser, with the help of which the display on the screen is enlarged. The Customer can correct their inputs in the course of the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the ordering process.

2.7 Only the German language is available for the conclusion of the contract.

2.8 Order processing and contact normally take place by email and automated order processing. The Customer must ensure that the email address given for order processing is correct, so that the 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 with order processing can be delivered.

3.1 Consumers are in principle entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller's instructions on withdrawal.

4.1 Unless the Seller's product description states otherwise, the prices given are total prices that include statutory VAT. Any additional delivery and shipping costs are stated separately in the respective product description.

4.2 The payment option or options are communicated to the Customer in the Seller's online shop.

4.3 If payment in advance by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.

4.4 If the payment method “SOFORT” is selected, payment is processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 München (hereinafter “SOFORT”). To be able to pay the invoice amount via “SOFORT”, the Customer must have an online banking account that has been enabled 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 obtain further information on the payment method “SOFORT” on the internet at https://www.klarna.com/sofort/.

4.5 If the payment method purchase on invoice via BS PAYONE is selected, the purchase price becomes due after the goods have been delivered and invoiced. In this case, the purchase price is to be paid without deduction within 14 (fourteen) days of receipt of the invoice to BS PAYONE GmbH, Lyoner Str. 9, 60528 Frankfurt/Main. A purchase on invoice is only possible for Customers who have reached the age of 18. The payment method purchase on invoice requires a successful credit check by BS PAYONE GmbH. If the Customer is permitted a purchase on invoice after the credit check, payment is processed in cooperation with BS PAYONE GmbH, to which the Seller assigns his payment claim. In this case, the Customer can only make payment to BS PAYONE GmbH with discharging effect. Even if the payment method purchase on invoice via BS PAYONE is selected, the Seller remains responsible for general Customer enquiries, e.g. about the goods, delivery time, dispatch, returns, complaints, withdrawal declarations and consignments or credit notes. In other respects, the terms and conditions of BS PAYONE GmbH apply in this regard (https://www.bspayone.com/AT/de/gtc). The Seller reserves the right to offer the payment method purchase on invoice only from, and only up to, a certain order volume and to refuse this payment method if the stated order volume is not reached or is exceeded. In this case, the Seller will point out a corresponding payment restriction to the Customer in his payment information in the online shop.

4.6 If the payment method direct debit is selected, payment is processed via BS PAYONE GmbH, Lyoner Str. 9, 60528 Frankfurt/Main, which the Seller authorises to collect the claim in his name. BS PAYONE GmbH collects the invoice amount from the Customer's bank account after a SEPA direct debit mandate has been issued, but not before the end of the period for the advance notification. Advance notification (“pre-notification”) is any communication (e.g. invoice, policy, contract) to the Customer that announces a debit by SEPA direct debit. If the direct debit is not honoured owing to insufficient funds in the account or because incorrect bank details were given, or if the Customer objects to the debit although they are not entitled to do so, the Customer must bear the fees incurred by the respective credit institution for the chargeback, if they are responsible for this. Even if the payment method bank debit (direct debit) via BS PAYONE GmbH is selected, the provider remains responsible for general Customer enquiries, e.g. about the goods, delivery time, dispatch, returns, complaints, withdrawal declarations and consignments or credit notes.

4.7 If the payment method credit card is selected, the invoice amount is due immediately upon conclusion of the contract. Credit card payment is processed in cooperation with BS PAYONE GmbH, Lyoner Str. 9, 60528 Frankfurt/Main, which the Seller authorises to collect the claim in his name. BS PAYONE GmbH collects the invoice amount from the Customer's stated credit card account. The credit card is charged immediately after the Customer's order has been sent in the online shop. Even if the payment method credit card payment via BS PAYONE GmbH is selected, the Seller remains responsible for general Customer enquiries, e.g. about the goods, delivery time, dispatch, returns, complaints, withdrawal declarations and consignments or credit notes.

5.1 Goods are delivered by shipping to the delivery address given by the Customer, unless otherwise agreed. For the processing of the transaction, the delivery address given in the Seller's order processing is decisive.

5.2 If delivery of the goods fails for reasons for which the Customer is responsible, the Customer bears the reasonable costs incurred by the Seller as a result. This does not apply with regard to the costs of the outward shipment if the Customer validly exercises his right of withdrawal. For the costs of the return shipment, if the Customer validly exercises the right of withdrawal, the rule laid down in this regard in the Seller's instructions on withdrawal applies.

5.3 Collection by the Customer is not possible for logistical reasons.

5.4 Vouchers are provided to the Customer as follows:

by download

by email

by post

If the Seller performs in advance, he retains title to the delivered goods until the purchase price owed has been paid in full.

7.1 If the purchased item is defective, the provisions of statutory liability for defects apply.

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

7.3 If something is wrong with the delivered goods, whether a defect, transport damage or an error on the part of the Seller, the Customer gets in touch with the Seller. The Seller then arranges with him how the goods go back or what else needs to be done. No costs arise for the Customer as a result. The statutory rights in respect of defects remain unaffected.

8.1 If, according to the content of the contract, the Seller owes not only the supply of goods but also the processing of the goods according to certain specifications of the Customer, the Customer must provide the Seller with all content required for the processing, such as texts, images or graphics, in the file formats, formatting, image and file sizes specified by the Seller and grant him the rights of use required for this. The Customer alone is responsible for obtaining this content and acquiring the rights to it. The Customer declares and assumes responsibility that he has the right to use the content provided to the Seller. He ensures in particular that no rights of third parties are infringed as a result, in particular copyrights, trade mark rights and personality rights.

8.2 The Customer indemnifies the Seller against claims by third parties which they can assert against the Seller in connection with an infringement of their rights through the Seller's use of the Customer's content in accordance with the contract. In doing so, the Customer also bears the reasonable costs of the necessary legal defence, including all court and lawyers' costs at the statutory amount. This does not apply if the Customer is not responsible for the infringement of rights. The Customer is obliged, in the event of a claim by third parties, to provide the Seller without undue delay, truthfully and completely with all information required for examining the claims and for a defence.

8.3 The Seller reserves the right to refuse processing orders if the content provided by the Customer for this purpose violates statutory or official prohibitions or good morals. This applies in particular where content is provided that is hostile to the constitution, racist, xenophobic, discriminatory, insulting, harmful to young people and/or glorifying violence.

9.1 Vouchers that are issued free of charge by the Seller as part of advertising campaigns with a specific period of validity and that cannot be purchased by the Customer (hereinafter “promotional vouchers”) can only be redeemed in the Seller's online shop and only in the stated period.

9.2 Promotional vouchers can only be redeemed by consumers.

9.3 Individual products may be excluded from the voucher campaign, provided that a corresponding restriction results from the content of the promotional voucher.

9.4 Promotional vouchers can only be redeemed before the ordering process is completed. Subsequent set-off is not possible.

9.5 Only one promotional voucher can be redeemed per order.

9.6 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit is not refunded by the Seller.

9.7 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 chosen to settle the difference.

9.8 The credit of a promotional voucher is neither paid out in cash nor does it earn interest.

9.9 The promotional voucher is not refunded if the Customer returns, within the scope of his statutory right of withdrawal, the goods paid for in whole or in part with the promotional voucher.

9.10 The promotional voucher is transferable. The Seller can perform with discharging effect to the respective holder who redeems the promotional voucher in the Seller's online shop. This does not apply if the Seller has knowledge, or is unaware through gross negligence, of the holder's lack of entitlement, lack of legal capacity or lack of authority to represent.

10.1 Vouchers that can be purchased through the Seller's online shop (hereinafter “gift vouchers”) can only be redeemed in the Seller's online shop, unless the voucher states otherwise.

10.2 Gift vouchers and remaining credit on gift vouchers can be redeemed until the end of the third year after the year in which the voucher was purchased. Remaining credit is credited to the Customer until the expiry date.

10.3 Gift vouchers can only be redeemed before the ordering process is completed. Subsequent set-off is not possible.

10.4 Several gift vouchers can also be redeemed in one order.

10.5 Gift vouchers can only be used to buy goods and not to buy further gift vouchers.

10.6 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 chosen to settle the difference.

10.7 The credit of a gift voucher is neither paid out in cash nor does it earn interest.

10.8 The gift voucher is intended only for use by the person named on it. Transfer of the gift voucher to third parties is excluded. The Seller is entitled, but not obliged, to check the substantive entitlement of the respective voucher holder.

The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. In the case of 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.

12.1 The Seller is neither obliged nor willing to take part in a dispute resolution procedure before a consumer arbitration board.