Table of Contents

1. Scope of Application
2. Conclusion of the Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Conditions
6. Retention of Title
7. Liability for Defects (Warranty)
8. Liability
9. Special Conditions for the Processing of Goods According to Specific Customer Requirements
10. Redemption of Promotional Vouchers
11. Redemption of Gift Vouchers
12. Applicable Law
13. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of Farzad Jalizi, trading as Nuraya (hereinafter referred to as the “Seller”), apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter referred to as the “Customer”) with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected unless otherwise agreed.

1.2 These GTC shall apply accordingly to contracts for the delivery of vouchers, unless otherwise expressly agreed.

1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity.

1.4 An entrepreneur within the meaning of these GTC 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.

2) Conclusion of the Contract

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers on the part of the Seller, but serve to enable the Customer to submit a binding offer.

2.2 The Customer may submit the offer via 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 with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the Customer may also submit the offer to the Seller by email, online contact form, or by post.

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), whereby receipt of the order confirmation by the Customer is decisive, or
• by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive, or
• by requesting payment from the Customer after the Customer has submitted the order.

If several of the aforementioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day following the dispatch of the offer by the Customer and ends at the end of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment processing shall be carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as “PayPal”), subject to the PayPal Terms of Use, available at:

https://www.paypal.com/de/legalhub/paypal/useragreement-full

or, if the Customer does not have a PayPal account, subject to the terms for payments without a PayPal account, available at:

https://www.paypal.com/de/legalhub/paypal/privacywax-full

If the Customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the Seller hereby declares acceptance of the Customer’s offer at the moment the Customer clicks the button that concludes the ordering process.

2.5 When an offer is submitted via the Seller’s online order form, the contract text will be stored by the Seller after the contract has been concluded and sent to the Customer in text form (e.g. email, fax, or letter) after the Customer has submitted their order. The Seller will not make the contract text available beyond this. If the Customer has created a user account in the Seller’s online shop before submitting the order, the order data will be archived on the Seller’s website and can be accessed free of charge by the Customer via their password-protected user account using the relevant login details.

2.6 Before submitting the order in a legally binding manner via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better detecting input errors may be the browser’s zoom function, which can be used to enlarge the display on the screen. The Customer may correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.

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

2.8 Order processing and communication generally take place by 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 by the Seller to process the order can be delivered.

3) Right of Withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information regarding the right of withdrawal can be found in the Seller’s cancellation policy.

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

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller’s product description, the prices indicated are total prices that include the statutory value-added tax. Any additional delivery and shipping costs will be stated separately in the respective product description.

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

4.3 The payment option(s) will be communicated to the Customer in the Seller’s online shop.

4.4 If a payment method offered via the payment service “PayPal” is selected, payment processing shall be carried out via PayPal, whereby PayPal may also use the services of third-party payment service providers for this purpose. If the Seller also offers payment methods via PayPal in which the Seller provides advance performance to the Customer (e.g. purchase on account or instalment payment), the Seller assigns its payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the Customer.

Before accepting the Seller’s declaration of assignment, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the Customer data provided. The Seller reserves the right to refuse the selected payment method to the Customer in the event of a negative result of the credit check.

If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or according to the agreed payment intervals. In this case, the Customer can only make payment with debt-discharging effect to PayPal or to the payment service provider commissioned by PayPal.

However, even in the event of assignment of the claim, the Seller remains responsible for general Customer inquiries, for example regarding the goods, delivery time, shipping, returns, complaints, declarations and submissions of withdrawal, or credit notes.

4.5 If a payment method offered via the payment service “Shopify Payments” is selected, payment processing shall be carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as “Stripe”).

The individual payment methods offered via Shopify Payments will be communicated to the Customer in the Seller’s online shop. For payment processing, Stripe may use additional payment services for which separate payment terms may apply and to which the Customer may be referred separately.

Further information on Shopify Payments is available online at:

https://www.shopify.com/legal/terms-payments-de

4.6 If a payment method offered via the payment service “Klarna” is selected, payment processing shall be carried out via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter referred to as “Klarna”). Further information and Klarna’s terms and conditions can be viewed here:

5) Delivery and Shipping Conditions

5.1 If the Seller offers shipping of the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller’s order processing system shall be decisive. Deviating from this, when selecting PayPal as the payment method, the delivery address stored by the Customer with PayPal at the time of payment shall be 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 as a result. This shall not apply with regard to the costs of initial shipment if the Customer effectively exercises their right of withdrawal. With regard to return shipping costs, if the Customer effectively exercises their right of withdrawal, the provisions set out in the Seller’s cancellation policy shall apply.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the Customer as soon as the Seller has delivered the goods to the forwarding agent, carrier, or other person or institution designated to carry out the shipment.

If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall generally only pass to the Customer when the goods are handed over to the Customer or to a person authorised to receive them.

Deviating from this, even in the case of consumers, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the Customer as soon as the Seller has handed over the goods to the forwarding agent, carrier, or other person or institution designated to carry out the shipment if the Customer has commissioned that forwarding agent, carrier, person, or institution to carry out the shipment and the Seller had not previously named that person or institution to the Customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This shall only apply if the Seller is not responsible for the failure to deliver and has concluded a specific covering transaction with the supplier with due diligence.

The Seller shall make all reasonable efforts to procure the goods. In the event that the goods are unavailable or only partially available, the Customer will be informed immediately and the consideration will be refunded immediately.

5.5 Collection by the Customer is not possible for logistical reasons.

5.6 Vouchers are provided to the Customer as follows:

• by download
• by email

6) Retention of Title

If the Seller provides advance performance, the Seller retains ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for Defects (Warranty)

Unless otherwise provided in the following provisions, the statutory provisions governing liability for defects shall apply. Deviating from this, the following applies to contracts for the delivery of goods:

7.1 If the Customer acts as an entrepreneur,

• the Seller shall have the choice of the type of supplementary performance;
• for new goods, the limitation period for claims for defects shall be one year from delivery of the goods;
• for used goods, claims for defects are excluded;
• the limitation period shall not begin again if a replacement delivery is made within the scope of liability for defects.

7.2 The limitations of liability and reductions in limitation periods set out above shall not apply

• to claims for damages and reimbursement of expenses by the Customer,
• if the Seller has fraudulently concealed the defect,
• to goods that have been used for a building in accordance with their usual manner of use and have caused the building to be defective,
• to any existing obligation of the Seller to provide updates for digital products in contracts for the delivery of goods with digital elements.

7.3 Furthermore, for entrepreneurs, 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 Customer is subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 HGB. If the Customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.

7.5 If the Customer acts as a consumer, the Customer is requested to complain to the delivery agent about delivered goods with obvious transport damage and to inform the Seller accordingly. If the Customer fails to do so, this shall have no effect whatsoever on their statutory or contractual claims for defects.

8) Liability

The Seller shall be liable to the Customer for all contractual, quasi-contractual, statutory and tortious claims for damages and reimbursement of expenses as follows:

8.1 The Seller shall be liable without limitation on any legal grounds

• in cases of intent or gross negligence,
• in the event of intentional or negligent injury to life, body or health,
• on the basis of a guarantee promise, unless otherwise regulated in this respect,
• on the basis of mandatory liability, such as under the German Product Liability Act.

8.2 If the Seller negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless unlimited liability applies pursuant to the preceding clause.

Material contractual obligations are obligations which the contract, according to its content, imposes on the Seller in order to achieve the purpose of the contract, the fulfilment of which makes the proper performance of the contract possible in the first place, and on compliance with which the Customer may regularly rely.

8.3 In all other respects, liability on the part of the Seller is excluded.

8.4 The above liability provisions also apply with regard to the Seller’s liability for its vicarious agents and legal representatives.

9) Special Conditions for the Processing of Goods According to Specific Customer Requirements

9.1 If, according to the content of the contract, the Seller is required not only to deliver the goods but also to process the goods according to specific Customer requirements, the Customer must provide the Seller with all content required for processing, such as texts, images or graphics, in the file formats, formatting, image sizes and file sizes specified by the Seller and grant the Seller the necessary rights of use.

The Customer is solely responsible for procuring and acquiring the rights to this content. The Customer declares and assumes responsibility for having the right to use the content provided to the Seller. In particular, the Customer shall ensure that no third-party rights are infringed, especially copyright, trademark and personal rights.

9.2 The Customer shall indemnify the Seller against claims by third parties asserted against the Seller in connection with an infringement of their rights through the contractual use of the Customer’s content by the Seller.

The Customer shall also bear the necessary costs of legal defence, including all court and legal fees in the statutory amount. This shall not apply if the infringement is not attributable to the Customer.

In the event of a claim by third parties, the Customer is obliged to provide the Seller immediately, truthfully and completely with all information required to examine the claims and prepare a defence.

9.3 The Seller reserves the right to reject processing orders if the content provided by the Customer for this purpose violates statutory or official prohibitions or public morality.

This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, insulting, harmful-to-minors and/or violence-glorifying content.

10) Redemption of Promotional Vouchers

10.1 Vouchers issued free of charge by the Seller as part of promotional campaigns with a specific validity period and which cannot be purchased by the Customer (hereinafter referred to as “Promotional Vouchers”) may only be redeemed in the Seller’s online shop and only during the specified period.

10.2 Individual products may be excluded from the voucher promotion if such a restriction results from the content of the Promotional Voucher.

10.3 Promotional Vouchers may only be redeemed before completion of the ordering process. Subsequent offsetting is not possible.

10.4 Several Promotional Vouchers may also be redeemed in one order.

10.5 The value of the goods must be at least equal to the amount of the Promotional Voucher. Any remaining balance will not be refunded by the Seller.

10.6 If the value of the Promotional Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be selected to settle the difference.

10.7 The balance of a Promotional Voucher will neither be paid out in cash nor bear interest.

10.8 The Promotional Voucher will not be refunded if the Customer returns goods paid for in whole or in part with the Promotional Voucher within the scope of their statutory right of withdrawal.

10.9 The Promotional Voucher is intended only for use by the person named on it. Transfer of the Promotional Voucher to third parties is excluded. The Seller is entitled, but not obliged, to verify the substantive entitlement of the respective voucher holder.

11) Redemption of Gift Vouchers

11.1 Vouchers that can be purchased via the Seller’s online shop (hereinafter referred to as “Gift Vouchers”) may only be redeemed in the Seller’s online shop unless otherwise stated on the voucher.

11.2 Gift Vouchers and remaining balances of Gift Vouchers may be redeemed until the end of the third year following the year in which the voucher was purchased. Remaining balances will be credited to the Customer until the expiry date.

11.3 Gift Vouchers may only be redeemed before completion of the ordering process. Subsequent offsetting is not possible.

11.4 Only one Gift Voucher may be redeemed per order.

11.5 Gift Vouchers may only be used to purchase goods and may not be used to purchase additional Gift Vouchers.

11.6 If the value of the Gift Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be selected to settle the difference.

11.7 The balance of a Gift Voucher will neither be paid out in cash nor bear interest.

11.8 The Gift Voucher is transferable. The Seller may make performance with discharging effect to the respective holder who redeems the Gift Voucher in the Seller’s online shop.

This shall not apply if the Seller has knowledge or grossly negligent lack of knowledge of the respective holder’s lack of entitlement, legal incapacity or lack of authority to represent.

12) Applicable Law

12.1 All legal relationships between the parties shall be governed by the law of the Federal Republic of Germany, excluding the laws governing the international purchase of movable goods.

For consumers, this choice of law shall apply only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has their habitual residence.

12.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law shall not apply to consumers who, at the time the contract is concluded, do not belong to a Member State of the European Union and whose sole residence and delivery address at the time of conclusion of the contract are located outside the European Union.

13) Alternative Dispute Resolution

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