Terms and Conditions
Section 1 Scope, Customer Information, Contract Language
(1) The following general terms and conditions (GTC) govern the contractual relationship between Ms. Nesrin Cömert, Emirtex and the consumers and entrepreneurs who use the online shop www.emirtex.de Purchase goods. We do not recognize any conflicting or deviating terms and conditions.
(2) The language of the contract is German.
§ 2 Conclusion of Contract
(1) The offers on the Internet constitute a non-binding invitation to you to order goods.
(2) You can place one or more products in your shopping cart. During the ordering process, you will enter your details and preferences regarding payment method, delivery options, etc. Only by clicking the order button do you submit a binding offer to conclude a purchase agreement.
(3) You will then receive an order confirmation email from us containing all the details of your order. This order confirmation email does not yet constitute acceptance of your offer.
(4) We are entitled to accept your offer within 2 working days by sending an order confirmation via email. If the period mentioned in sentence 1 expires without acceptance, your offer is deemed rejected, meaning you are no longer bound by it.
Section 3 Customer Information: Storage of your order data
(1) We will store your order details, including information about the concluded contract (e.g., type of product, price, etc.). As a registered customer, you can access your past orders via the customer login area. My account access.
(2) We will send you the Terms and Conditions as a PDF file in the order confirmation email. You can also access the Terms and Conditions at any time via our website. If you wish to save the product description from our shop page for your own records, you can, for example, take a screenshot at the time of ordering or print the entire page.
Section 4 Customer Information: Correction Notice
You can correct your entries at any time before submitting your order using the delete key. You can also cancel the order process completely at any time by closing the browser window.
§ 5 Retention of Title
The item remains our property until full payment is received.
§ 6 Warranty
If the delivered goods are defective, you are entitled to the statutory warranty claims.
§ 7 Limitation of liability towards consumers
(1) We exclude liability for breaches of duty caused by slight negligence, unless these breaches concern essential contractual obligations, damages resulting from injury to life, body or health, guarantees or claims under the Product Liability Act. The same applies to breaches of duty by our vicarious agents and our legal representatives. Essential contractual obligations include, in particular, the obligation to deliver the goods to you and to transfer ownership of them to you. Furthermore, we are obligated to provide you with goods free from material and legal defects.
(2) According to the current state of technology, error-free and/or uninterrupted data communication via the internet cannot be guaranteed. We therefore accept no liability for the constant and uninterrupted availability of our online trading system.
§ 8 Limitation of liability towards entrepreneurs
(1) We are liable for intent and gross negligence. Furthermore, we are liable for the negligent breach of obligations whose fulfillment is essential for the proper performance of the contract, whose breach jeopardizes the achievement of the contractual purpose, and on whose compliance you as the customer regularly rely. In the latter case, however, we are only liable for foreseeable damages typical of this type of contract. We are not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
(2) The foregoing exclusions of liability do not apply in cases of injury to life, body or health. Liability under the Product Liability Act remains unaffected.
(3) According to the current state of technology, error-free and/or uninterrupted data communication via the internet cannot be guaranteed. We therefore accept no liability for the constant and uninterrupted availability of our online trading system.
§ 9 Final Provisions
(1) Amendments or additions to these terms and conditions must be in writing. This also applies to any waiver of this written form requirement.
(2) The laws of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Mandatory provisions of the state in which you have your habitual residence remain unaffected.
(3) If, at the time of conclusion of the contract, you had your residence or habitual abode in Germany and have either moved it by the time the action is brought or your whereabouts are unknown at that time, the place of jurisdiction for all disputes shall be the registered office of our company in Dortmund.
If you do not have your residence or habitual abode in a member state of the European Union, then the courts at our registered office shall have exclusive jurisdiction over all disputes.
(4) If you have placed the order as a merchant, a legal entity under public law or as a special fund under public law, our place of business shall be the exclusive place of jurisdiction for all claims arising out of or in connection with this contract.
(5) Should any provision of this Agreement be invalid or conflict with statutory regulations, the remaining provisions of the Agreement shall remain unaffected. The invalid provision shall be replaced by the parties by mutual agreement with a valid provision that most closely approximates the economic intent and purpose of the invalid provision. The foregoing shall apply mutatis mutandis to any gaps in the Agreement.