General terms and conditions
Temtasi®️
1.General
1.1 Customers within the meaning of these General Terms and Conditions (GTC) can be both consumers and entrepreneurs.
1.2 An entrepreneur is a natural or legal person or a partnership with legal capacity that, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity. A partnership with legal capacity is a partnership that is endowed with the ability to acquire rights and incur liabilities.
1.3 A consumer is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to his or her commercial nor his or her independent professional activity.
2. Offer, conclusion of contract
The products and services listed in the online shop do not represent binding offers by the seller; Rather, they are an invitation to the customer to make a binding offer by placing an order. By sending the order from the "virtual shopping cart", the customer places a binding order for the items contained therein. The seller will immediately confirm receipt of this order to the customer by email. The purchase contract is concluded with the express acceptance of the order in text form or delivery of the goods by the seller. In this respect, the seller is entitled to accept the customer's contract offer within two working days of receipt of the order.
3. Prices, shipping costs
All prices quoted are total prices plus shipping costs. The costs for packaging and shipping can be found in the respective offer.
4. Retention of title
The goods delivered by the seller remain his property until full payment has been made.
5. Means of payment; delivery; delivery restrictions; shipping costs; transfer of risk
5.1 Customers have access to various payment methods, which are specified on the seller's respective offer page on eBay.
5.2 If advance payment is agreed, payment is due immediately after conclusion of the contract.
5.3 If the customer chooses a payment method offered by PayPal for payment, the payment will be processed via the online payment service PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal terms of use, which you can view at the following domain: https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
5.4 If the customer chooses "PayPal invoice" as the payment method, the seller assigns its payment claim against the customer to PayPal as part of an ongoing factoring agreement. Before accepting the seller's declaration of assignment, PayPal carries out a credit check using the customer data transmitted. In the event of a negative credit check result, the seller reserves the right to refuse the customer the "PayPal invoice" payment method. If PayPal allows the "PayPal invoice" payment method, the customer must pay the invoice amount to PayPal within 14 days of receiving the goods. Due to the assignment of claims, the customer can only make payments with a debt-discharging effect to PayPal. The general terms and conditions for the use of PayPal's purchase on account apply, which can be found at https://www.paypal.com/de/webapps/mpp/ua/pui-terms. The seller remains responsible for general customer inquiries (eg regarding the item, shipping time, complaints, etc.) even in the event of an assignment of claims.
5.5 Delivery will be made at the shipping costs stated in the item description. We will point out any delivery restrictions if they exist.
5.6 If the customer is a consumer, the seller bears the shipping risk regardless of the shipping method. If the customer is an entrepreneur, all risks and dangers of shipping are transferred to the customer as soon as the goods have been handed over by the seller to the commissioned logistics partner.
6. Cancellation policy
If you are an entrepreneur (see section 1.2 of our terms and conditions) within the meaning of Section 14 of the German Civil Code (BGB), the right of withdrawal does not apply. For consumers (any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity): Right of withdrawal You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period shall be 14 days from the day on which you or a third party other than the carrier designated by you takes possession of the goods. To exercise your right of withdrawal, you must notify us.
Temtasi®️
Mr. Bekir Mazlum
Neue Krugallee 39
12435 Berlin
Telephone: 030 - 53215256
Fax: 030 - 53215258
Email: info@temtasi.com
By means of a clear statement (eg a letter sent by post, telephone, fax or e-mail) of your decision to cancel this contract. You can use the attached model cancellation form for this purpose, but this is not mandatory. To meet the cancellation deadline, it is sufficient to send the notification of the exercise of the right of cancellation before the cancellation period has expired. Consequences of cancellation If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; Under no circumstances you will be charged any fees for this refund. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us that you have canceled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period. You will bear the direct cost of returning the goods. You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.
Sample cancellation form
(If you want to cancel the contract, please fill out this form and send it back.)
To: Temtasi®️
Mr Bekir Mazlum
Neue Krugallee 39
12435 Berlin
Telephone: 030 - 53215256
Fax: 030 - 53215258
Email: info@temtasi.com
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*) : ordered on (*) :
received on (*) :
Name of consumer(s): Address of consumer(s):
Date, signature of consumer(s):
(*) Delete as appropriate.
7. Notes
7.1 Unless the parties have agreed otherwise, the right of withdrawal does not apply to the following contracts:
• Contracts for the supply of goods which are not prefabricated and for whose production an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
• Contracts for the supply of goods which are liable to spoil quickly or whose expiry date would be quickly exceeded,
• Contracts for the supply of alcoholic beverages, the price of which was agreed upon conclusion of the contract, but which cannot be delivered until 30 days after conclusion of the contract at the earliest and whose current value depends on fluctuations in the market over which the entrepreneur has no influence,
• Contracts for the delivery of newspapers, magazines or illustrated magazines with the exception of subscription contracts. The right of withdrawal expires prematurely, unless the parties have agreed otherwise, in the case of the following contracts:
• Contracts for the supply of sealed goods which, for reasons of health protection or hygiene, are not suitable for return if their seal has been removed after delivery,
• Contracts for the delivery of goods if, after delivery, they have been inseparably mixed with other goods due to their nature,
• Contracts for the supply of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery,
7.2 Avoid damaging or contaminating the goods. If possible, send the goods back to us in their original packaging with all accessories and packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please use suitable packaging to ensure adequate protection against transport damage.
7.3 Please note that the above-mentioned clause 7.2 is not a prerequisite for the effective exercise of the right of withdrawal.
8. Compensation in the event of cancellation
In the event of cancellation of the contract, the customer must, in derogation from Section 346 Paragraph 2 No. 3 of the German Civil Code (BGB), pay compensation for any loss in value of the goods if the loss in value is due to handling of the goods which was not necessary to check the quality, properties and functioning of the goods, and we have informed the customer of his right of cancellation in accordance with Article 246a Paragraph 1 Paragraph 2 Sentence 1 No. 1 of the Introductory Act to the German Civil Code (BGB).
9. Liability for defects, warranty rights, liability
All of our goods are subject to statutory liability for defects. The statutory provisions apply to liability and warranty. The warranty period for used items is 12 months. Claims for damages remain unaffected by this regulation. Any guarantees do not limit the statutory warranty claims.
10. Consumer information in distance contracts for the purchase of goods
10.1 The Seller is not subject to any special codes of conduct not mentioned above.
10.2 The essential characteristics of the goods offered by the seller as well as the duration of validity of limited offers can be found in the individual product descriptions within the scope of the online offer. The language available for concluding the contract is exclusively German.
10.3 Complaints and warranty claims can be submitted to the address provided in the provider identification. Information on payment, delivery or fulfillment can be found in the offer.
10.4 In the online shop, first place the selected goods in the shopping cart. Once you have selected all the items you want, you can proceed to checkout or go directly to PayPal.
10.4.1.1 Proceed to checkout If you select the “Proceed to checkout” option, the order process is as follows: If you are already a customer, you can log in by entering your email address and password. If you are a new customer, you can either register in the shop or continue shopping without registering. In both cases, you must provide your contact details in the next step. You can then enter a different billing and delivery address if necessary and choose the shipping and payment method until you can finally place your order by clicking on the “order with payment” button. Until then, you have the opportunity to recognize and check your entries and, if necessary, correct them on the previous page by pressing the “back” button on your browser, or to cancel the ordering process by leaving the page.
10.4.1.2 Direct to PayPal If you select the “Direct to PayPal” option, the order process is as follows: If you already have a PayPal account, you can log in by entering your email address and password. Otherwise, you must first create a PayPal account. Once you are logged in, you can change your delivery address if necessary and select the bank details you wish to use to pay. Clicking on the “Continue” button takes you back to our ordering process. In the last step, you can place your order by clicking on the “order with payment” button. Until then, you have the opportunity to recognize and check your entries and, if necessary, correct them on the previous page by pressing the “Back” button on your browser, or to cancel the ordering process by leaving the page.
10.5 Storage of the contract text on the eBay online marketplace The seller does not save the contract text itself after the contract has been concluded, and the seller does not make the contract text available to the customer. However, the contract text is archived on eBay and can be accessed free of charge by the customer at www.ebay.de for a period of 90 days after the contract has been concluded, by specifying the corresponding article number. To display the article page with the contract text, the customer can enter the corresponding article number in the search field on the eBay homepage and click on the "Find" button. The relevant website can be printed out using the print function of your browser. After the contract has been concluded, you will automatically receive an email with further information on the processing of the contract. You can also save the contract text by right-clicking to save the website on your computer. However, since the seller has no influence on the duration of storage on the eBay website, it is pointed out that, in accordance with the eBay Terms and Conditions, members themselves are responsible for archiving information that can be viewed via the eBay services and stored by eBay and that they require for the purposes of securing evidence, accounting or other purposes on a storage medium that is independent of eBay.
10.6 Storage of the contract text in the online shop The seller does not save the contract text itself after the contract has been concluded and the seller does not make the contract text available to the customer. However, after the contract has been concluded, we will send the customer an order confirmation with all details to the email address you provided, in which you will be informed again of all the essential data about your order, our general terms and conditions and your cancellation policy. You have the option of printing out both the general terms and conditions and your order with all the data you entered during the ordering process. You can also print out the contract text using the print function in your browser. You can also save the contract text by right-clicking on the website to save it on your computer. Once the order has been processed, the contract text is no longer accessible to you.
11. Final provisions
11.1 The contractual relationship between the seller and the customer as well as the respective terms and conditions are subject to the law of the Federal Republic of Germany. If the customer is a consumer, the applicable legal regulations and rights in favor of the consumer under the law of the customer's country of residence remain unaffected by this agreement. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
11.2 If the above provisions have not become part of the contract or are invalid in whole or in part, the remainder of the contract shall remain valid. If the provisions have not become part of the contract or are invalid, the content of the contract shall be governed by the statutory provisions.
12. Information for consumers on out-of-court dispute resolution
12.1 Obligation to provide information under the ODR Regulation (Article 14 paragraph 1 ODR Regulation) Link to the EU Commission's platform for online dispute resolution: http://ec.europa.eu/consumers/odr Our email address is: info@temtasi.com
12.2 Duty to provide information under the Consumer Dispute Settlement Act (Section 36 VSBG) I am not obliged and fundamentally not willing to participate in a dispute settlement procedure before a consumer arbitration board.
Privacy Policy
Based on eBay's privacy policy, you have already consented to eBay determining your name, address, email address, delivery address and bank details after the offer period has expired for the purpose of processing the contract. The data received in this respect will be processed and used by the seller for the establishment, implementation and processing of the contracts concluded on the eBay online marketplace, as well as for the purposes of future customer service and customer care. The seller only collects personal data if the customer provides it to him voluntarily for the purpose of contract processing or when registering for the email newsletter. The customer's email address will only be used for the seller's own advertising purposes, provided the customer has expressly consented. The customer can revoke his consent to the seller at any time. If the order is processed via the service provider "Afterbuy" (ViA-Online GmbH, Kimplerstraße 296, 47807 Krefeld), personal data will only be passed on to Afterbuy for the purpose of processing the customer's online order.
Details on data protection at Afterbuy and the data protection declaration of ViA-Online GmbH can be viewed on the Afterbuy website at "afterbuy.de". If the order is processed via the service provider "DreamRobot" (operator: DreamRobot GmbH, Eckendorfer Str. 2-4, 33609 Bielefeld, Germany), personal data will be passed on to DreamRobot exclusively for the purpose of processing the customer's online order. You can find DreamRobot's data protection declaration here:
https://www.dreamrobot.de/pdf/DreamRobot_Datenschutzerklaerung.pdf
When paying via PayPal, credit card via PayPal, direct debit via PayPal or "purchase on account" via PayPal, we pass on your payment data to PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L -2449 Luxembourg (hereinafter "PayPal") as part of the payment processing.
PayPal reserves the right to carry out a credit check for the payment methods credit card via PayPal, direct debit via PayPal or "purchase on account" via PayPal. PayPal uses the result of the credit check in relation to the statistical probability of default for the purpose of deciding on the provision of the respective payment method.
The credit report may contain probability values ( so-called score values). If score values are included in the result of the credit report, these are based on a scientifically recognized mathematical-statistical procedure. Address data, among other things, is included in the calculation of the score values. You can find further information on data protection in the PayPal data protection principles:
https://www.paypal.com/de/webapps/mpp/ua/privacy-full
The customer's personal data will be passed on to the transport company commissioned with the delivery as part of the contract processing, insofar as this is necessary for the delivery of the goods. For the processing of payments, the payment data may be passed on to the credit institution commissioned with the payment. After the contract has been fully processed, the customer's data will be stored by the seller with regard to tax and commercial retention periods and deleted after these periods have expired, unless the customer has expressly consented to the further use of his data.
The customer has the right to free information about his stored data and, if applicable, the right to correct, block or delete this data. Please send any relevant inquiries to the address provided in the provider identification. If the personal data we have stored about you is incorrect, the data will of course be corrected upon notification from you. You also have the right to revoke your consent to the storage of personal data at any time with effect for the future. If you notify us accordingly, the personal data stored about you will be deleted unless the data in question is still required to fulfill the obligations of the concluded contractual relationship or statutory regulations prevent deletion. In this case, the personal data in question will be blocked instead of deleted.
All data protection inquiries, such as questions about the collection, processing or use of your personal data, information, correction, blocking or deletion of data, should be directed to the address provided in the provider identification.
By concluding the contract, you agree that your personal customer data will be forwarded. Consent to the processing of personal data can be revoked at any time.
Please contact the person named in the imprint. Questions and comments should be sent to the address provided in the provider information or by email to info@temtasi.com
As of June 2023