Conditions
Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts concluded between you and us as the provider (Faruk Balkan) via the website https://exawo.com. Unless otherwise agreed, the inclusion of any terms and conditions you may have shall be objected to.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or self-employed professional activity. An entrepreneur is any natural or legal person or a legal partnership capable of acquiring rights and duties which acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
§ 2 Conclusion of Contract
(1) The subject matter of the contract is the sale of goods.
Our offers on the Internet are non-binding and do not constitute a binding offer to conclude a contract.
(2) You can submit a binding purchase offer (order) via the online shopping cart system. The goods intended for purchase are placed in the "shopping cart." You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time. After calling up the "Checkout" page and entering your personal data as well as payment and shipping conditions, all order data will be displayed again on the order overview page. Before submitting the order, you have the opportunity to check the information on the order overview page again, to change it (also using the "back" function of your internet browser) or to cancel the order. By clicking the "order with obligation to pay" button, you submit a binding offer to us. You will initially receive an automatic email about the receipt of your order, which does not yet lead to the conclusion of a contract.
(3) The acceptance of the offer (and thus the conclusion of the contract) is made within 2 days by confirmation in text form (e.g., email), in which you will be informed about the execution of the order or the dispatch of the goods (order confirmation). If you have not received a corresponding message, you are no longer bound to your order. Any services already rendered in this case will be refunded immediately.
(4) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is carried out by email, partly automated. You must therefore ensure that the email address you have provided to us is correct, the receipt of the emails is technically ensured, and in particular, not prevented by SPAM filters.
§ 3 Right of Retention, Retention of Title
(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 4 Warranty
(1) The statutory warranty rights apply.
(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects, and transport damage and to promptly notify us and the freight forwarder of any complaints. Failure to do so will have no effect on your statutory warranty claims.
(3) Insofar as a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you have been informed of it before the declaration of acceptance by us and the deviation has been expressly and separately agreed upon between the parties to the contract.
§ 5 Choice of Law
(1) German law applies. For consumers, this choice of law only applies to the extent that the protection granted by mandatory provisions of the law of the state of habitual residence of the consumer is not withdrawn (principle of favorability).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods do not apply expressly.
#### II. Customer Information
1. Identity of the Seller
Faruk Balkan
Rastatterstraße 15
76532 Baden-Baden
Germany
Email: business.farukbalkan@gmail.com (Not for customer support)
Alternative dispute resolution: The European Commission provides a platform for online dispute resolution (ODR platform), which can be accessed at https://ec.europa.eu/odr.
2. Information on Conclusion of Contract
The technical steps for concluding the contract, the conclusion of the contract itself, and the correction options are carried out in accordance with the provisions "Conclusion of Contract" of our General Terms and Conditions (Part I).
3. Language of the Contract, Storage of Contract Text
3.1. The contract language is German.
3.2. The complete contract text is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser's print function. After receipt of the order by us, the order data, the information required by law for distance contracts, and the General Terms and Conditions will be sent to you again by email.
4. Essential Features of the Goods or Services
The essential features of the goods and/or services can be found in the respective offer.
5. Prices and Payment Modalities
5.1. The prices quoted in the respective offers, as well as the shipping costs, represent total prices. They include all price components including all applicable taxes.
5.2. The shipping costs incurred are not included in the purchase price. They can be accessed via a correspondingly designated button on our website or in the respective offer, are displayed separately during the order process, and must be borne by you additionally unless free shipping has been promised.
5.3. The payment methods available to you are indicated by a corresponding button on our website or in the respective offer.
5.4. Unless otherwise specified for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
6. Delivery Conditions
6.1. The delivery conditions, delivery date, and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
6.2. If you are a consumer, it is statutorily regulated that the risk of accidental loss and accidental deterioration of the sold item during shipment will only pass to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.
7. Statutory Warranty Rights
The statutory warranty rights apply in accordance with the "Warranty" provision in our General Terms and Conditions (Part I).
These terms and conditions and customer information were created by the specialized lawyers of the Händlerbund who specialize in IT law and are continuously checked for legal compliance. The Händlerbund Management AG guarantees the legal security of the texts and is liable in case of warnings. For more information, please visit: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
Last updated: 09.12.2023