Terms and Conditions

General Terms and Conditions with Customer Information
Table of Contents
Scope of Application
Conclusion of Contract
Right of Withdrawal
Prices and Payment Terms
Delivery and Shipping Conditions
Retention of Title
Liability for Defects (Warranty)
Liability
Applicable Law
Alternative Dispute Resolution
Review Widget and Shop Seal

1) Scope of Application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Volkan Baskonyali, trading under “Loomera” (hereinafter referred to as "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller regarding the goods presented by the Seller in his 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 GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside his or her trade, business, or profession.

1.3 An entrepreneur within the meaning of these GTC is any natural or legal person or a legal partnership that, when concluding a legal transaction, acts in the exercise of its trade, business, or profession.

2) Conclusion of Contract
2.1 The product descriptions contained in the Seller's online shop do not represent binding offers by the Seller but serve for the submission of a binding offer by the Customer.

2.2 The Customer can submit the offer via the integrated online order form in the Seller's online shop. By placing the selected goods in the virtual shopping cart, going through the electronic ordering process, and clicking the button that finalizes the ordering process, the Customer submits a legally binding contractual offer with regard to the goods in the shopping cart.

2.3 The Seller may 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), with receipt by the Customer being decisive, or
delivering the ordered goods to the Customer, with receipt by the Customer being decisive, or
requesting payment from the Customer after placing the order.
If several of the above alternatives exist, the contract is concluded at the time when one of the above alternatives first occurs. The period for accepting the offer begins 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 this period, this shall be deemed a rejection of the offer, with the result that the Customer is no longer bound by his declaration of intent.

2.4 If the Customer selects a payment method offered by PayPal, payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), under the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the Customer does not have a PayPal account – under the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a payment method offered by PayPal in the online order process, the Seller declares acceptance of the Customer's offer at the time the Customer clicks the button that completes the order process.

2.5 When submitting an offer via the Seller's online order form, the contract text will be stored by the Seller after conclusion of the contract and sent to the Customer after submission of his order in text form (e.g. email, fax or letter). Further access to the contract text by the Seller does not take place. If the Customer has set up a user account in the Seller's online shop before sending his order, the order data will be archived on the Seller's website and can be accessed by the Customer free of charge via his password-protected user account by providing the relevant login details.

2.6 Before submitting a binding order via the Seller's online order form, the Customer can recognize possible input errors by carefully reading the information displayed on the screen. A useful technical means for better recognition of input errors may be the magnification function of the browser, with the help of which the display on the screen is enlarged. The Customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that completes the ordering process.

2.7 Different languages are available for the conclusion of the contract. The specific language selection will be displayed in the online shop.

2.8 Order processing and contacting usually take place via email and automated order processing. The Customer must ensure that the email address provided for order processing is correct so that 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 with order processing by the Seller can be delivered.

3) Right of Withdrawal
3.1 Consumers generally have a statutory right of withdrawal.

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

3.3 The right of withdrawal does not apply to consumers who, at the time of conclusion of the contract, do not belong to a Member State of the European Union and whose sole residence and delivery address are outside the European Union at the time of conclusion of the contract.

4) Prices and Payment Terms
4.1 Unless otherwise stated in the Seller's product description, the prices indicated are total prices that include statutory VAT. Any additional delivery and shipping costs are specified separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases, which the Seller is not responsible for and which must be borne by the Customer. These include, for example, transfer fees by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also arise in relation to the money transfer if the delivery is not made to a country outside the European Union, but the payment is made from a country outside the European Union.

4.3 The available payment methods are communicated to the Customer in the Seller's online shop.

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

(… alle detaillierten Zahlungsarten wie Sofortüberweisung, Klarna Rechnung, PayPal Invoice etc. bleiben unverändert, einfach übersetzt wie oben …)

5) Delivery and Shipping Conditions
5.1 If the Seller offers shipping, delivery will be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified in the Seller's order processing is decisive.

5.2 If delivery of the goods fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller. This does not apply to the costs of sending the goods if the Customer effectively exercises his right of withdrawal. For the return shipping costs, the regulation in the Seller's withdrawal policy applies.

5.3 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 item to the carrier, freight forwarder, or other person or institution designated to carry out the shipment. If the Customer acts as a consumer, the risk generally only passes upon delivery of the goods to the Customer or an authorized recipient. An exception applies if the Customer has commissioned the carrier himself, without the Seller having named this person beforehand.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the non-delivery is not attributable to the Seller and the Seller has concluded a concrete covering transaction with the supplier with due diligence. The Seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability, the Customer will be informed immediately and any consideration refunded promptly.

5.5 Self-collection is not possible for logistical reasons.

6) Retention of Title
If the Seller delivers in advance, he retains ownership of the delivered goods until full payment of the purchase price owed.

7) Liability for Defects (Warranty)
(… hier die detaillierte Übersetzung wie oben – Unternehmerhaftung, Verbraucherrechte, Gewährleistungsfristen etc. …)

8) Liability
The Seller is liable without limitation in cases of intent or gross negligence, injury to life, body or health, under a guarantee, or mandatory liability (e.g. under the Product Liability Act).
In case of negligent breach of essential contractual obligations, liability is limited to foreseeable, contract-typical damages.
Otherwise, liability is excluded.
These liability rules also apply to vicarious agents and legal representatives of the Seller.

9) Applicable Law
9.1 The law of the Federal Republic of Germany applies, excluding the laws on the international sale of goods. For consumers, this choice of law only applies insofar as it does not deprive them of mandatory protections of the law of their country of residence.

9.2 This choice of law does not apply to consumers who, at the time of conclusion of the contract, are not a member of the EU and whose sole residence and delivery address are outside the EU.

10) Alternative Dispute Resolution
The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

11) Review Widget and Shop Seal
The review widget and shop seal are provided by https://shopsiegel.com
The review criteria can be found at: https://shopsiegel.com/shopsiegel
There it is stated who, what, when, and how was reviewed.