1.1. These General Terms and Conditions ("GTC") of Dila Accessoires (the "Provider") apply to all contracts that a customer concludes with regard to the goods and / or services in the publicly accessible area of the online shop www.dilaaccessoires.com. Conflicting terms and conditions on the part of the customer are hereby rejected.
1. 2. Consumers within the meaning of these terms and conditions are natural persons who conclude a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity. Entrepreneurs, on the other hand, in the sense of these General Terms and Conditions are natural or legal persons or partnerships with legal capacity who, when concluding a legal transaction, act in the exercise of their commercial or independent professional activity.
2) Order process and conclusion of contract
2.1 The product presentations presented in the online shop are not yet a binding offer to conclude a contract, but are only intended to provide the customer with more detailed information about the products before submitting a purchase offer.
2.2. The customer can select products from the range and collect them in the virtual shopping cart without obligation using the "Add to shopping cart" button. The customer can view the shopping cart at any time by clicking the "Your shopping cart" button and, if necessary, remove goods from the shopping cart, correct their number, or cancel the order process.
2.3. The customer can submit a legally binding offer via the online order form integrated in the online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer in relation to the goods contained in the shopping cart by clicking the "Buy Now" button.
2.4. The provider immediately confirms receipt of the order (the order confirmation) by email. However, this does not constitute acceptance of the purchase contract offer. The contract only becomes legally effective when the offer is accepted by the provider. The acceptance of the purchase offer takes place by the provider either sending an order confirmation by e-mail to the customer or explaining the acceptance explicitly or conclusively by sending the ordered goods to the customer.
2.6. When submitting an offer via the online order form, the provider saves the data of the order. The order data and the general terms and conditions will be sent to the customer by email. If the customer has created a customer account when placing the order, he can also call up the order using the corresponding login data.
2.7. Order processing and contacting are usually done automatically by email. The customer must ensure that the email address provided by him for order processing is correct and that he receives emails sent by the provider at this address. In particular, when using spam filters, he must ensure that all emails sent by the provider or by third parties commissioned to process the order can be delivered.
2.8. Product selection, contract conclusion and contract processing are carried out in German. The provider only supplies customers within the European Union.
3) Prices and terms of payment
3.1. The stated product prices are final prices but do not include the statutory sales tax due to the application of the small business regulation (§ 19 UStG). Any additional delivery and shipping costs are specified separately in the respective product description.
3.2. The customer can choose between various payment options: credit card, advance payment by bank transfer or PayPal.
3.3. If the customer has selected "bank transfer" as the payment method, the customer will be informed of the provider's bank details in the order confirmation. The invoice amount must be transferred to the provider's account within 10 days.
3.4. If the customer has chosen “PayPal” as the payment method, he will be directed to an external PayPal Sarl website after completing the order process, where he will provide his PayPal data and thereby initiate payment.
4) Delivery and shipping conditions
4.1. Each delivered product remains the property of Dila Accessoires until full payment.
4.2. The delivery of goods takes place on the way to the delivery address given by the customer. Delivery is only within the European Union. When processing the transaction, the delivery address that the customer specified in the order processing is decisive.
4.3. If the transport company sends the goods back to the provider because it could not deliver them to the customer, the customer bears the costs of the unsuccessful shipment. This does not apply if the customer exercises his right of withdrawal by refusing acceptance, if he is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the Provider had announced the service a reasonable time in advance.
4.4. The provider provides within the delivery period specified during the ordering process and in the order confirmation.
5) Right of withdrawal
5.1 The customer has the right to cancel the contract within seven days without stating a reason, provided that he has concluded the contract as a consumer, i.e. the business can largely not be attributed to his commercial or independent professional activity.
5.2. The cancellation period is seven days from the day on which the customer or a third party named by him, who is not the carrier, took possession of the goods. In the case of a contract for several goods that the customer has ordered as part of a single order and that are delivered separately, the cancellation period begins on the day on which the customer or a third party named by him, who is not the carrier, the last Has taken possession of the goods. In the case of a contract for the delivery of goods in several partial consignments or pieces, the cancellation period begins on the day on which the customer or a third party named by him, who is not the carrier, has taken possession of the last partial consignment or the last piece.
5.3. In order to exercise the right of withdrawal, the customer must inform the provider (Dila Accessoires, +4917624252116, firstname.lastname@example.org) by means of a clear statement (e.g. a letter sent by post, fax or email) about his decision to cancel this contract , inform. The customer can use the attached model withdrawal form, but this is not mandatory.
5.4. In order to meet the cancellation deadline, it is sufficient for the customer to send the communication regarding the exercise of the right of cancellation before the cancellation period expires.
5.5. If the customer withdraws from the contract, the provider has to the customer all payments, which he received from him, including the delivery costs (except for the additional costs that result from the fact that the customer has a different type of delivery than that offered by the provider , cheapest standard delivery), to be repaid immediately and at the latest within fourteen days from the date on which the provider received the customer's notification of the cancellation of this contract.
5.6. The provider can refuse the repayment until he has received the goods back or until the customer has provided proof that he has returned the goods, whichever is the earlier.
5.7. The customer has to return or hand over the goods to Dila Accessoires (address will be announced ahead of time) and in any event not later than seven days from the day on which he informs the provider of the cancellation of this contract. The deadline is met if the customer sends the goods before the period of seven days has expired.
5.8. The customer bears the direct costs of returning the goods.
5.9. The customer only has to pay for any loss in value of the goods if this loss in value is due to handling with the customer that is not necessary for checking the nature, properties and functionality of the goods.
5.10. The right of withdrawal is excluded for any type of custom-made product or for products in the online shop that have been changed or adapted at the customer's request.
6.1. If the goods are defective, the provisions of the statutory liability for defects apply.
6.2. If the provider has subsequently performed the replacement delivery, the customer is obliged to return the goods initially delivered to the provider within 30 days at the expense of the provider. The defective goods must be returned in accordance with the statutory provisions. The provider reserves the right to claim damages under the legally regulated conditions.
7.1. Claims for damages by the customer going beyond the warranty rights are excluded. This does not include claims for damages by the customer from injury to life, limb, health or from the violation of essential contractual obligations (cardinal obligations), as well as liability for other damages resulting from an intentional or grossly negligent breach of duty by Dila Accessoires, their legal representatives or vicarious agents are based. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
7.2. In the event of a breach of essential contractual obligations, the provider is only liable for the contractually typical, foreseeable damage if this was caused simply by negligence, unless the customer's claims for damages result from injury to life, limb or health.
7.3. The restrictions in paragraphs 1 and 2 also apply in favor of the provider's legal representatives and vicarious agents if claims are made directly against them.
7.4. As a result of factors that cannot be influenced or cannot be influenced sufficiently by the provider or by the supplier (so-called force majeure, e.g. weather-related influences), longer delivery times may occur in individual cases. Liability for loss of profit, unforeseeable damage or consequential damage is excluded.
7.5. The provisions of the Product Liability Act remain unaffected.
8.1. The law of the Federal Republic of Germany applies to contracts between the provider and the customer to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
8.2. If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the seat of Dila Accessoires.
8.3. The contract remains binding in its remaining parts even if individual points are legally invalid. If applicable, the statutory provisions replace the ineffective points. Insofar as this would represent an unreasonable hardship for a contracting party, the contract as a whole will be ineffective.
8.4. Information on online dispute resolution: The European Commission provides a platform for online dispute resolution (OS), which can be reached at http://ec.europa.eu/consumers/odr/.