General Terms and Conditions with Customer Information

Table of Contents

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

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter "GTC") of Talha Sönmez (hereinafter "Seller") apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller with regard to the goods presented by the Seller in his online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 For contracts for the delivery of goods with digital elements, these GTC apply accordingly, unless something different is regulated in this respect. In this case, the Seller owes, in addition to the delivery of the goods, the provision of digital content or digital services (hereinafter "digital products") which are contained in or connected to the goods in such a way that the goods cannot fulfill their functions without them.

1.3 For contracts for the delivery of physical data carriers which serve exclusively as carriers of digital content, these GTC apply accordingly, unless something different is regulated in this respect. Digital content within the meaning of these GTC are data that are created and provided in digital form.

1.4 For contracts for the delivery of vouchers, these GTC apply accordingly, unless something different is regulated in this respect.

1.5 Consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their self-employed professional activity.

1.6 Entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.

2) Conclusion of contract

2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.

2.2 The customer can submit the offer via the online order form integrated into the seller's online shop. In doing so, the customer, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, submits a legally binding contract offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process.

2.3 The seller can 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 e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
• by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
• by requesting payment from the customer after the customer has placed his order.

If several of the aforementioned alternatives are available, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends with the expiry of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.

2.4 If a payment method offered by PayPal is selected, the payment processing is 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, which can be viewed at 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, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays by means of a PayPal payment method that can be selected in the online ordering process, the seller hereby declares his acceptance of the customer's offer at the time the customer clicks the button that concludes the ordering process.

2.5 When submitting an offer via the seller's online order form, the contract text is stored by the seller after the contract is concluded and transmitted to the customer in text form (e.g. email, fax or letter) after the customer has sent the order. The seller does not make the contract text accessible beyond this.

2.6 Before submitting a binding order via the seller's online order form, the customer can detect possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detecting input errors can be the browser's magnification function, which enlarges the display on the screen. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks on the button that completes the ordering process.

2.7 Only the German language is available for the conclusion of the contract.

2.8 The order processing and contact take place usually via email and automated order processing. The customer must ensure that the email address provided by him for order processing is accurate, so that emails sent by the seller can be received at that address. In particular, the customer must ensure that all emails sent by the seller or third parties commissioned by the seller with order processing can be delivered when using SPAM filters.

3) Right of withdrawal

3.1 Consumers generally have a right of withdrawal.

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

4) Prices and payment conditions

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

4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for money transfer by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to money transfers even 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 options will be communicated to the customer in the online shop of the seller.

4.4 If payment is to be made in advance by bank transfer, payment is due immediately upon conclusion of the contract unless the parties have agreed on a later due date.

4.5 If a payment method offered via the payment service "Shopify Payments" is selected, payment processing is handled via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments will be communicated to the customer in the seller's online shop. Stripe may use other payment services to process payments, for which special payment terms may apply and which the customer may be separately notified of. Further information on "Shopify Payments" can be found on the Internet at https://www.shopify.com/legal/terms-payments-de.

4.6 If the payment method "Direct Debit via Stripe" is selected, payment processing is handled via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). In this case, Stripe will collect the invoice amount from the customer's bank account after a SEPA Direct Debit Mandate has been issued, but not before the deadline for pre-notification in the seller's order. Pre-notification is any notification (e.g. invoice, policy, contract) to the customer that announces a debit by SEPA direct debit. If the direct debit is not honoured due to insufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the debit even though he is not entitled to do so, the customer shall bear the fees charged by the respective credit institution for the chargeback if he is responsible for this. The seller reserves the right to carry out a credit check and to refuse this payment method in the case of SEPA direct debit.

4.7 When selecting the payment method credit card via Stripe, the invoice amount is due immediately upon conclusion of the contract. The payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). Stripe reserves the right to conduct a credit check and to reject this payment method in the event of a negative credit check.

4.8 When selecting a payment method offered via the "Klarna" payment service, the payment processing is carried out via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter: "Klarna"). Further information as well as the conditions of Klarna can be found in the payment information of the seller, which can be viewed at the following Internet address:

https://infinite-moments.com/pages/versand-zahlungsarten

5) Delivery and Shipping Terms

5.1 If the seller offers shipping of the goods, the delivery is made to the delivery address specified by the customer within the delivery area specified by the seller, unless otherwise agreed. The delivery address specified in the order processing of the seller is decisive for the transaction.

5.2 If the delivery of the goods fails for reasons that are the customer's responsibility, the customer shall bear the reasonable costs incurred by the seller as a result. This shall not apply with regard to the costs for the initial shipment if the customer effectively exercises his right of revocation. For the return costs, the regulation made in the revocation instruction of the seller shall apply if the customer effectively exercises his right of revocation.

5.3 If the customer acts as a business, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as the seller has delivered the goods 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 of accidental loss and accidental deterioration of the sold goods generally only passes to the customer or a person authorized to receive the goods upon delivery of the goods. Notwithstanding this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the customer in the case of consumers as soon as the seller has delivered the goods to the carrier, freight forwarder or other person or institution designated to carry out the shipment, if the customer has commissioned the carrier, freight forwarder or other person or institution designated to carry out the shipment and the seller has not previously named this 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 only applies if the non-delivery is not the responsibility of the seller and the seller has concluded a specific cover transaction with the supplier with due care. The seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.

5.5 Self-collection is not possible for logistical reasons.

5.6 Vouchers will be provided to the customer as follows:

• by email
• by post

6) Retention of title

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

7) Defect Liability (Warranty)

7.1 Unless otherwise provided in the following provisions, the provisions of statutory defect liability shall apply. In the case of contracts for the delivery of goods, the following applies:

7.2 If the customer acts as an entrepreneur,

• the seller has the choice of the type of subsequent performance;
• the limitation period for defects is one year from delivery of the goods for new goods;
• the rights and claims for defects are excluded for used goods;
• the limitation period does not restart if a replacement delivery is made within the scope of the defect liability.

7.3 The above-mentioned limitations of liability and reductions of the limitation period do not apply

• to claims for damages and reimbursement of expenses by the customer,
• in the event that the seller has fraudulently concealed the defect,
• to goods that have been used for a building in accordance with their normal use and have caused its defectiveness,
• to any existing obligation of the seller to provide updates for digital products in the case of contracts for the delivery of goods with digital elements.

7.4 In addition, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claim shall remain unaffected.

7.5 If the customer acts as a merchant within the meaning of § 1 of the German Commercial Code, he is subject to the commercial obligation to inspect and give notice of defects pursuant to § 377 of the German Commercial Code. If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.

7.6 If the customer acts as a consumer, he is requested to report any obvious transport damage to the carrier and to inform the seller of this. If the customer fails to do so, this has no effect on his statutory or contractual defect claims.

8) Special conditions for the processing of goods according to certain specifications of the customer

8.1 If, according to the content of the contract, the seller owes not only the delivery of goods, but also the processing of the goods according to certain specifications of the customer, the customer must provide the seller with all content necessary for the processing, such as texts, images or graphics, in the file formats, formatting, image and file sizes specified by the seller and grant him the necessary usage rights. The customer is solely responsible for the procurement and acquisition of rights to this content. The customer declares and assumes responsibility for the fact that he has the right to use the content provided to the seller. He is responsible in particular for ensuring that no third-party rights are infringed, in particular copyright, trademark and personality rights.

8.2 The customer shall indemnify the seller against any claims by third parties that may be asserted against the seller in connection with a breach of their rights through the contractual use of the customer's content by the seller. In this context, the customer shall also bear the necessary costs of legal defense, including all court and attorney fees in the statutory amount. This shall not apply if the customer is not responsible for the infringement. In the event of a claim by third parties, the customer shall be obliged to provide the seller immediately, truthfully and completely with all information necessary for the examination of the claims and a defense.

8.3 The seller reserves the right to refuse processing orders if the content provided by the customer violates legal or regulatory prohibitions or public morals. This applies in particular to the provision of content that is unconstitutional, racist, xenophobic, discriminatory, insulting, harmful to young people, and/or glorifies violence.

9) Redemption of promotional vouchers

9.1 Vouchers that are issued free of charge by the seller as part of promotional campaigns with a specific validity period and that cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only within the specified period.

9.2 Individual products may be excluded from the voucher promotion if such a restriction results from the content of the promotional voucher.

9.3 Promotional vouchers can only be redeemed before the order process is completed. A subsequent offsetting is not possible.

9.4 Only one promotional voucher can be redeemed per order.

9.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.

9.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to pay the difference.

9.7 The credit of a promotional voucher will not be paid out in cash or earn interest.

9.8 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of his statutory right of revocation.

9.9 The promotional voucher is transferable. The seller can make a performance with discharging effect to the respective holder who redeems the promotional voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-entitlement, lack of legal capacity, or lack of authorization to represent the respective holder.

10) Redemption of gift vouchers

10.1 Gift vouchers that can be purchased through the seller's online shop (hereinafter referred to as "gift vouchers") can only be redeemed in the seller's online shop, unless otherwise stated on the voucher.

10.2 Gift vouchers and remaining balances of gift vouchers can be redeemed up to the end of the third year after the year of voucher purchase. Any remaining balances will be credited to the customer until the expiry date.

10.3 Gift vouchers can only be redeemed before completing the order process. Redemption after completion of the order process is not possible.

10.4 Only one gift voucher can be redeemed per order.

10.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of additional gift vouchers.

10.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.

10.7 The balance of a gift voucher will not be paid out in cash or earn interest.

10.8 Gift vouchers are transferable. The seller can discharge their obligation to the respective holder who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge of or grossly negligent ignorance of the lack of entitlement, legal incapacity or lack of authorization of the respective holder.

11) Applicable law

For all legal relationships between the parties, the law of the Federal Republic of Germany applies, excluding the laws on the international sale of goods. For consumers, this choice of law applies only to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.

12) Alternative dispute resolution

12.1 The European Commission provides a platform for online dispute resolution, which you can find at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a point of contact for out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

12.2 The seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.