Terms of service

Contents

1. Scope
2. Conclusion of contract
3. Right of withdrawal
4. Prices and payment terms
5. Delivery and shipping terms
6. Retention of title
7. Liability for defects (warranty)
8. Liability
9. Applicable law
10. Alternative dispute resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter “Terms”) of Bahar Dogan, trading as “la profondeur” (hereinafter “Seller”), apply to all contracts for the delivery of goods concluded by a consumer or business customer (hereinafter “Customer”) with the Seller in respect of the goods presented in the Seller's online shop. The inclusion of the Customer's own terms is hereby rejected unless otherwise agreed.

1.2 A consumer within the meaning of these Terms is any natural person who enters into a legal transaction for purposes predominantly outside their trade, business or profession.

1.3 A business customer within the meaning of these Terms is a natural or legal person or a partnership with legal capacity acting in the exercise of its trade, business or profession when entering into a legal transaction.

2) Conclusion of contract

2.1 The product descriptions in the Seller's online shop do not constitute binding offers by the Seller, but serve to invite the Customer to submit a binding offer.

2.2 The Customer can submit an offer using 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 contractual offer for the goods in the cart by clicking the button that completes 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 email), with receipt by the Customer being decisive; or
• by delivering the ordered goods, with receipt by the Customer being decisive; or
• by requesting payment from the Customer after the order has been placed.

If more than one of these alternatives occurs, the contract is concluded when the first occurs. The acceptance period begins on the day after the Customer submits the offer and ends at the close of the fifth day following submission. If the Seller does not accept within this period, the offer is deemed rejected and the Customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment is processed by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), subject to the PayPal User Agreement available at https://www.paypal.com/de/legalhub/paypal/useragreement-full or, if the Customer has no PayPal account, the terms for payments without a PayPal account at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the Customer pays using a PayPal payment method available during online checkout, the Seller hereby declares acceptance of the Customer's offer at the moment the Customer clicks the button completing the order.

2.5 For orders placed using 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. email, fax or letter) after the order is submitted. The Seller does not provide any further access to the contract text. If the Customer created a user account before submitting the order, order data is archived on the Seller's website and can be accessed free of charge through the password-protected account using the relevant login details.

2.6 Before submitting a binding order through the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on screen. The browser's zoom function can help identify errors by enlarging the display. During the electronic ordering process, the Customer may correct entries using the usual keyboard and mouse functions until clicking the button that completes the order.

2.7 The language available for concluding the contract is German.

2.8 Orders are generally processed automatically by email. The Customer must ensure that the email address provided for order processing is correct and can receive emails sent by the Seller.

3) Right of withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information is provided in the Seller's information on the right of withdrawal.

4) Prices and payment terms

4.1 Unless otherwise stated in the Seller's product description, the indicated prices are total prices including statutory VAT. Any additional delivery and shipping charges are stated separately in the relevant product description.

4.2 The available payment method(s) are communicated to the Customer in the Seller's online shop.

4.3 If “Sofortüberweisung” is selected, payment is processed by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (“Klarna”). To pay by “Sofortüberweisung”, the Customer must have an online banking account enabled for this service, authenticate themselves during payment and confirm the payment instruction. Klarna executes the transaction immediately afterwards and debits the Customer's bank account. Further information is available at https://www.klarna.com/sofort/.

4.4 If a payment method offered through “Shopify Payments” is selected, payment is processed by Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland (“Shopify”). The individual payment methods available through Shopify Payments are communicated in the Seller's online shop. Shopify may use other payment services to process payments, which may be subject to special payment terms notified separately to the Customer where applicable. Further information is available at https://www.shopify.com/legal/terms-payments/de.

4.5 If a payment method offered through “Klarna” is selected, payment is processed by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (“Klarna”). Further information and Klarna's terms are available at https://laprofondeur.de/en/pages/zahlungsarten.

5) Delivery and shipping terms

5.1 If the Seller offers shipping, goods are delivered within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified during the Seller's order processing is decisive.

5.2 If delivery fails for reasons attributable to the Customer, the Customer bears the reasonable costs incurred by the Seller. This does not apply to the cost of outward shipping if the Customer validly exercises the right of withdrawal. In the event of valid withdrawal, return costs are governed by the Seller's information on the right of withdrawal.

5.3 If the Customer is a business customer, the risk of accidental loss or accidental deterioration of the goods passes to the Customer as soon as the Seller hands the goods to the forwarding agent, carrier or other person or organisation appointed to carry out shipment. If the Customer is a consumer, this risk generally passes only when the goods are handed over to the Customer or a person authorised to receive them. By way of exception, this risk also passes to a consumer upon handover to the forwarding agent, carrier or other shipping provider if the Customer commissioned that provider and the Seller had not previously named the provider to the Customer.

5.4 If the Customer is a consumer resident in Germany or a business customer, the Seller reserves the right to withdraw from the contract if the Seller's own supplier fails to deliver correctly or properly. This applies only if the non-delivery is not attributable to the Seller and the Seller, exercising due care, concluded a specific covering transaction with the supplier. The Seller will make all reasonable efforts to procure the goods. If goods are unavailable or only partially available, the Customer will be informed without undue delay and any consideration paid will be refunded without undue delay.

5.5 Collection in person is not possible for logistical reasons.

6) Retention of title

If the Seller provides goods before payment, ownership of the delivered goods is retained until the purchase price owed has been paid in full.

7) Liability for defects (warranty)

Unless otherwise stated below, the statutory provisions on liability for defects apply. The following exceptions apply to contracts for the delivery of goods:

7.1 If the Customer is a business customer:

• the Seller may choose the form of subsequent performance;
• for new goods, the limitation period for claims based on defects is one year from delivery;
• for used goods, claims based on defects are excluded;
• the limitation period does not restart if replacement goods are supplied under liability for defects.

7.2 The above limitations of liability and reductions in limitation periods do not apply:

• to the Customer's claims for damages or reimbursement of expenses;
• if the Seller fraudulently concealed the defect;
• to goods used for a building in accordance with their customary use that caused the building to be defective;
• to any obligation of the Seller to provide updates for digital products in contracts for the delivery of goods with digital elements.

7.3 For business customers, the statutory limitation periods for any statutory right of recourse remain unaffected.

7.4 If the Customer is a merchant within the meaning of section 1 of the German Commercial Code (HGB), the commercial duty to inspect and give notice of defects under section 377 HGB applies. If the Customer fails to give the required notice, the goods are deemed approved.

7.5 Consumers are requested to report goods with obvious transport damage to the delivery agent and inform the Seller. Failure to do so does not affect statutory or contractual claims based on defects.

8) Liability

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

8.1 The Seller has unlimited liability on any legal basis:

• for intent or gross negligence;
• for intentional or negligent injury to life, body or health;
• under a guarantee, unless otherwise provided in that guarantee;
• under mandatory liability, such as the German Product Liability Act.

8.2 If the Customer is a consumer resident in Germany or a business customer, the following limitations apply:

If the Seller negligently breaches a material contractual obligation, liability is limited to foreseeable damage typical of the contract, unless unlimited liability applies under the preceding clause. Material contractual obligations are obligations imposed by the contract to achieve its purpose, whose performance makes proper execution of the contract possible and on whose fulfilment the Customer may regularly rely.

In all other respects, the Seller's liability is excluded unless unlimited liability applies under the preceding clause.

8.3 The above liability provisions also apply to liability for the Seller's vicarious agents and legal representatives.

9) Applicable law

All legal relationships between the parties are governed by the law of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only insofar as it does not deprive them of protection afforded by mandatory provisions of the law of the country in which they habitually reside.

10) Alternative dispute resolution

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