Terms of service

Table of Contents

  1. Scope of Application
  2. Conclusion of 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. 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 Semra Kayan, trading under "Semode" (hereinafter "Seller"), apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller regarding the goods displayed 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 apply accordingly to contracts for the delivery of vouchers, unless otherwise regulated in this respect.

1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activity.

1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a legally capable partnership who acts in the exercise of their commercial or self-employed professional activity when concluding a legal transaction.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers by 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. By placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that completes 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 the order.

If several of the aforementioned alternatives occur, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The acceptance period begins the day after the Customer sends the offer 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 is considered 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, 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: "PayPal"), under 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 – under the conditions 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 selectable during the online ordering process, the Seller hereby declares acceptance of the Customer's offer at the time the Customer clicks the button that completes the ordering process.

2.5 If the payment method "Amazon Payments" is selected, the payment processing is carried out via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), under the Amazon Payments Europe terms of use, available at https://pay.amazon.de/help/201751590. If the Customer selects "Amazon Payments" as the payment method during the online ordering process, by clicking the button that completes the ordering process, they simultaneously issue a payment order to Amazon. In this case, the Seller hereby declares acceptance of the Customer's offer at the time the Customer triggers the payment process by clicking the button that completes the ordering process.

2.6 When ordering via the Seller's online order form, the contract text is stored by the Seller after the conclusion of the contract and sent to the Customer in text form (e.g., e-mail, fax, or letter) after the Customer has sent their order. The Seller does not provide any further access to the contract text. If the Customer has created a user account in the Seller's online shop before sending their order, the order data will be archived on the Seller's website and can be accessed by the Customer free of charge via their password-protected user account using the corresponding login data.

2.7 Before submitting the order bindingly 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 to better detect input errors can be the browser's zoom function, which enlarges the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the ordering process.

2.8 Different languages are available for concluding the contract. The specific language selection is displayed in the online shop.

2.9 The order processing usually takes place automatically by e-mail. The Customer must ensure that the e-mail address provided for order processing is correct so that the e-mails sent by the Seller can be received at this address.

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.

3.3 The right of withdrawal does not apply to consumers who, at the time of contract conclusion, do not belong to a member state of the European Union and whose sole residence and delivery address at the time of contract conclusion are 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 including statutory VAT. 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 be incurred in individual cases, which the Seller is not responsible for 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 regarding the money transfer 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 method(s) will be communicated to the Customer in the Seller's online shop.

4.4 If prepayment by bank transfer is agreed, payment is due immediately after 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 "PayPal" is selected, payment processing is carried out via PayPal, which may also use the services of third-party payment service providers. If the Seller also offers payment methods via PayPal where the Seller advances payment to the Customer (e.g., purchase on account or installment payment), the Seller assigns its payment claim to PayPal or the payment service provider commissioned by PayPal and specifically named to the Customer. Before accepting the Seller's assignment declaration, PayPal or the payment service provider commissioned by PayPal conducts a credit check using the transmitted Customer data. The Seller reserves the right to refuse the selected payment method to the Customer in case of a negative credit check result. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, the Customer can only make payment to PayPal or the payment service provider commissioned by PayPal with discharging effect. However, the Seller remains responsible for general Customer inquiries, e.g., regarding the goods, delivery time, shipment, returns, complaints, withdrawal declarations and submissions, or credit notes, even in the case of assignment of claims.

4.6 If the payment method "Sofortüberweisung" is selected, payment processing is carried out by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter "Klarna"). To pay the invoice amount via "Sofortüberweisung," the Customer must have an online banking account enabled for participation in "Sofortüberweisung," identify themselves accordingly during the payment process, and confirm the payment instruction. The payment transaction is then carried out immediately by Klarna, and the Customer's bank account is debited. Further information on the payment method "Sofortüberweisung" can be found online at https://www.klarna.com/sofort/.

4.7 If a payment method offered via the payment service "Shopify Payments" is selected, payment processing is carried out by Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland ("Shopify"). The individual payment methods offered via Shopify Payments will be communicated to the Customer in the Seller's online shop. Shopify may use further payment services for processing payments, for which special payment conditions may apply, which the Customer may be separately informed about. Further information on "Shopify Payments" is available online at https://www.shopify.com/legal/terms-payments/de.

4.8 If a payment method offered via the payment service "Apple Pay" is selected, payment processing is carried out by Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland ("Apple"). The individual payment methods offered via Apple Pay will be communicated to the Customer in the Seller's online shop. Apple may use further payment services for processing payments, for which special payment conditions may apply, which the Customer may be separately informed about. Further information on Apple Pay is available online at https://www.apple.com/de/apple-pay/.

4.9 If a payment method offered via the payment service "Google Pay" is selected, payment processing is carried out by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google"). The individual payment methods offered via Google Pay will be communicated to the Customer in the Seller's online shop. Google may use further payment services for processing payments, for which special payment conditions may apply, which the Customer may be separately informed about. Further information on Google Pay is available online at https://pay.google.com/intl/de_de/about/.

4.10 If a payment method offered via the payment service "Mollie" is selected, payment processing is carried out by the payment service provider Mollie B.V., Keizersgracht 126, 1015 CW Amsterdam, Netherlands (hereinafter: "Mollie"). Mollie may use further payment services for processing payments, for which special payment conditions may apply, which the Customer may be separately informed about. Further information on "Mollie" is available online at https://www.mollie.com/de/.

4.11 If a payment method offered via the payment service "Unzer" is selected, payment processing is carried out by Unzer Luxembourg S.A., 18 - 20 Rue Gabriel Lippmann, 5365 Munsbach, Luxembourg (hereinafter: "Unzer"). The individual payment methods offered via Unzer will be communicated to the Customer in the Seller's online shop. Unzer may use the services of third-party payment service providers for processing payments, for which special payment conditions may apply, which the Customer may be separately informed about. Further information on "Unzer" is available online at https://www.unzer.com/de/zahlungsmethoden/.

4.12 If a payment method offered via the payment service "Stripe" is selected, payment processing is carried out 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 Stripe will be communicated to the Customer in the Seller's online shop. Stripe may use further payment services for processing payments, for which special payment conditions may apply, which the Customer may be separately informed about. Further information on Stripe is available online at https://stripe.com/de.

4.13 If a payment method offered via the payment service "SumUp" is selected, payment processing is carried out via the payment service provider SumUp Limited, Block 8, Harcourt Centre, Charlotte Way, Dublin 2, Ireland D02 K580 (hereinafter "SumUp"). The individual payment methods offered via SumUp will be communicated to the Customer in the Seller's online shop. SumUp may use further payment services for processing payments, for which special payment conditions may apply, which the Customer may be separately informed about. Further information on SumUp is available online at https://www.sumup.com/de-de/.

4.14 If the payment method credit card via Stripe is selected, the invoice amount is due immediately upon conclusion of the contract. Payment processing is carried out via 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 case of a negative credit check.

5) Delivery and Shipping Conditions

5.1 If the Seller offers shipping of the goods, delivery will be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. For the transaction processing, the delivery address specified in the Seller's order processing is decisive. Deviating from this, if the payment method PayPal is selected, the delivery address stored by the Customer at PayPal at the time of payment is decisive.

5.2 If delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller. This does not apply to the costs of sending if the Customer effectively exercises their right of withdrawal. For return shipping costs, the regulation in the Seller's withdrawal policy applies in case of effective exercise of the right of withdrawal by the Customer.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the item 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 passes only upon handover of the goods to the Customer or an authorized recipient. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer as a consumer as soon as the Seller has delivered the item 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 If the Customer acts as a consumer with residence in Germany or as an entrepreneur, the Seller reserves the right to withdraw from the contract in case of incorrect or improper self-supply. However, this only applies if the non-delivery is not the Seller's fault and the Seller has concluded a concrete covering transaction with the supplier with due diligence. The Seller will make all reasonable efforts to procure the goods. In case 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 If the Seller offers the goods for pickup, the Customer can collect the ordered goods within the business hours specified by the Seller at the address specified by the Seller. In this case, no shipping costs will be charged.

5.6 Vouchers will be provided to the Customer as follows:

- by e-mail

6) Retention of Title

If the Seller advances payment, the Seller retains ownership of the delivered goods until full payment of the owed purchase price.

7) Liability for Defects (Warranty)

Unless otherwise provided in the following provisions, the provisions of the statutory liability for defects 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 has the choice of the type of subsequent performance;
  • the limitation period for warranty claims for new goods is one year from delivery of the goods;
  • warranty claims for used goods are excluded;
  • the limitation period does not start anew if a replacement delivery is made within the scope of liability for defects.

7.2 If the Customer acts as a consumer, the following restriction applies to contracts for the delivery of used goods: The limitation period for warranty claims is one year from delivery of the goods if this has been expressly and separately agreed between the parties and the Customer has been specifically informed about the shortening of the limitation period before submitting their contractual declaration.

7.3 The above liability limitations and shortening of periods do not apply

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

7.4 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claims remain unaffected.

7.5 If the Customer acts as a merchant within the meaning of § 1 HGB, the commercial duty to examine and give notice of defects pursuant to § 377 HGB applies. If the Customer fails to comply with the notification obligations regulated there, the goods are deemed approved.

7.6 If the Customer acts as a consumer, they are requested to report goods with obvious transport damage to the carrier and inform the Seller. Failure to do so has no effect on the Customer's statutory or contractual warranty claims.

8) Liability

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

8.1 The Seller is liable without limitation on any legal grounds

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

8.2 If the Customer acts as a consumer with residence in Germany or as an entrepreneur, the following liability limitations apply:

If the Seller negligently breaches an essential contractual obligation, its liability is limited to the typical, foreseeable damage unless it is liable without limitation according to the above paragraph. Essential contractual obligations are obligations that the contract imposes on the Seller to achieve the contract's purpose, whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the Customer regularly relies. Otherwise, the Seller's liability is excluded unless it is liable without limitation according to the above paragraph.

8.3 The above liability regulations also apply regarding the Seller's liability for its vicarious agents and legal representatives.

9) Redemption of Promotional Vouchers

9.1 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 "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 completing the ordering process. Subsequent crediting is not possible.

9.4 Only one promotional voucher can be redeemed per order.

9.5 If the promotional voucher refers to a specific value and not a percentage discount, 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.

9.6 If the value of the promotional voucher is insufficient to cover the order, one of the other payment methods offered by the Seller can be chosen to settle the difference.

9.7 The balance of a promotional voucher will neither be paid out in cash nor bear 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 their statutory right of withdrawal.

9.9 The promotional voucher is transferable. The Seller can discharge its obligation by performance to the respective holder who redeems the promotional voucher in the Seller's online shop. This does not apply if the Seller knows or is grossly negligent in not knowing about the lack of authorization, legal incapacity, or lack of power of representation of the respective holder.

10) Redemption of Gift Vouchers

10.1 Gift vouchers can only be redeemed before completing the ordering process. Subsequent crediting is not possible.

10.2 If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the Seller can be chosen to settle the difference.

10.3 The balance of a gift voucher will neither be paid out in cash nor bear interest.

10.4 The gift voucher is transferable. The Seller can discharge its obligation by performance to the respective holder who redeems the gift voucher in the Seller's online shop. This does not apply if the Seller knows or is grossly negligent in not knowing about the lack of authorization, legal incapacity, or lack of power of representation of the respective holder.

11) Applicable Law

11.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only insofar as it does not deprive the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence.

11.2 Furthermore, this choice of law does not apply regarding the statutory right of withdrawal for consumers who, at the time of contract conclusion, do not belong to a member state of the European Union and whose sole residence and delivery address at the time of contract conclusion are outside the European Union.

12) Alternative Dispute Resolution

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