Terms and Conditions
§ 1 Scope, Customer Information, Contract Language
(1) The following General Terms and Conditions (GTC) regulate the contractual relationship between Mrs. Nesrin Cömert, Emirtex, and consumers and entrepreneurs who purchase goods via the shop www.emirtex.de. Conflicting terms or terms deviating from our business conditions are not recognized by us.
(2) The contract language is German.
§ 2 Conclusion of Contract
(1) The offers on the Internet represent a non-binding invitation to you to order goods.
(2) You can place one or more products in the shopping cart. During the ordering process, you enter your data and wishes regarding payment method, delivery modalities, etc. Only by clicking the order button do you submit a binding offer to conclude a purchase contract.
(3) Subsequently, you will receive an order confirmation e-mail from us, which again contains all the details of your order. This order confirmation e-mail 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 e-mail. After the fruitless expiry of the period specified in sentence 1, your offer is considered rejected, i.e., you are no longer bound by your offer.
§ 3 Customer Information: Storage of Your Order Data
(1) Your order with details of the concluded contract (e.g., type of product, price, etc.) will be stored by us. As a registered customer, you can access your past orders via the customer login area Mein Konto.
(2) We will send you the GTC as a PDF file in the order confirmation e-mail, but you can also access the GTC at any time via our website. If you want to save the item description on our shop page for your own purposes, you can, for example, take a screenshot (= screen photograph) at the time of ordering or alternatively print the entire page.
§ 4 Customer Information: Correction Notice
You can correct your entries at any time before submitting the order using the delete key. You can also completely terminate the ordering process at any time by closing the browser window.
§ 5 Retention of Title
The item remains our property until full payment.
§ 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 slightly negligent breaches of duty, provided these do not 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 hand over the item to you and to procure ownership thereof for you. Furthermore, we must procure the item for you free of material and legal defects.
(2) Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times according to the current state of technology. In this respect, we are not liable 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 execution of the contract, whose violation jeopardizes the achievement of the contract's purpose, and on whose compliance you, as the customer, regularly rely. In the latter case, however, we are only liable for the foreseeable, typical damage. We are not liable for slightly negligent breaches of obligations other than those mentioned in the preceding sentences.
(2) The foregoing disclaimers do not apply to injury to life, body, and health. Liability under the Product Liability Act remains unaffected.
(3) Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times according to the current state of technology. In this respect, we are not liable for the constant and uninterrupted availability of our online trading system.
§ 9 Final Provisions
(1) Amendments or additions to these terms and conditions require written form. This also applies to the waiver of this written form requirement.
(2) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory provisions of the state in which you have your habitual residence remain unaffected.
(3) If, at the time of concluding the contract, you had your domicile or habitual residence in Germany and either moved it at the time of filing the lawsuit or your whereabouts are unknown at that time, the place of jurisdiction for all disputes is our company's registered office in Dortmund.
If you do not have your domicile or habitual residence in a member state of the European Union, the courts at our registered office shall have exclusive jurisdiction for all disputes.
(4) Should you have placed the order as a merchant, a legal entity under public law, or a special fund under public law, our business address is agreed upon as the exclusive place of jurisdiction for all claims arising from or due to this contract.
(5) Should individual provisions of this contract be invalid or contradict legal regulations, the contract will otherwise not be affected. The invalid provision will be replaced by mutual agreement between the contracting parties with a legally effective provision that comes closest to the economic meaning and purpose of the invalid provision. The above provision applies accordingly to regulatory gaps.
§ 10 Gift Vouchers
(1) Gift vouchers can be purchased in the online shop at www.emirtex.de and can be redeemed exclusively in the online shop. Redemption is done by entering the voucher code during the order process.
(2) Gift vouchers are valid for 36 months from the date of purchase, unless otherwise stated on the voucher.
(3) A cash payout of the voucher value and interest on the credit are excluded.
(4) If an order is paid for entirely or partially with a gift voucher and the goods are returned, the corresponding amount is credited back as voucher credit. A payout of the voucher value is also excluded in this case.
(5) The gift voucher can also be partially redeemed within an order process; any remaining credit will remain valid until the voucher's expiry date.