Terms of service

Table of Contents

  • Scope of Application
  • Conclusion of Contract
  • Right of Withdrawal
  • Prices and Payment Terms
  • Delivery and Shipping Conditions
  • Retention of Title
  • Warranty for Defects
  • Liability
  • Redemption of Promotional Vouchers
  • Applicable Law
  • Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter referred to as the "Terms and Conditions") of Sneated (Kocoglu, Burak & Poyraz, Salih) GbR (hereinafter referred to as the "Seller") shall apply to all contracts for the delivery of goods concluded between the Seller and a consumer or business customer (hereinafter referred to as the "Customer") with regard to the goods displayed in the Seller's online shop. The inclusion of the Customer's own terms and conditions is hereby excluded unless otherwise expressly agreed.

1.2 A consumer within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.

1.3 A business customer within the meaning of these Terms and Conditions is a natural or legal person, or a partnership with legal capacity, acting in the exercise of their commercial or independent professional activity when entering into a legal transaction.

2) Conclusion of Contract

2.1 The product descriptions displayed in the Seller's online shop do not constitute legally binding offers but serve as an invitation for the Customer to submit a binding offer.

2.2 The Customer may submit an offer using 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 for the goods contained in the shopping cart by clicking the button that completes the ordering process.

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 (e.g. by email), whereby receipt of the confirmation by the Customer shall be decisive; or
  • delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer shall be decisive; or
  • requesting payment from the Customer after the order has been placed.

If several of the above alternatives apply, the contract shall be concluded at the time when the first of these alternatives occurs. The acceptance period begins on the day following the submission of the Customer's offer and ends at the end of the fifth day thereafter. If the Seller does not accept the Customer's offer within this period, the offer shall be deemed rejected, and the Customer shall no longer be bound by their declaration of intent.

2.4 If the Customer selects a payment method offered by PayPal, 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 ("PayPal"), subject to the PayPal User Agreement available at:

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

If the Customer chooses a PayPal payment method available during the checkout process, the Seller hereby declares acceptance of the Customer's offer at the moment the Customer clicks the button that completes the ordering process.

2.5 When an order is placed via the Seller's online order form, the contract text is stored by the Seller after the contract has been concluded and sent to the Customer in text form (e.g. by email or letter) after the order has been submitted. The Seller does not make the contract text available beyond this.

If the Customer has created a customer 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 customer account using their login credentials.

2.6 Before submitting a binding order via the Seller's online order form, the Customer may identify any input errors by carefully reviewing the information displayed on the screen. An effective technical means of detecting input errors may be the browser's zoom function, which enlarges the display on the screen.

During the electronic ordering process, the Customer may correct their entries using the standard keyboard and mouse functions until clicking the button that completes the ordering process.

2.7 The contract language is German.

2.8 Order processing and communication are generally carried out by email and through 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. 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 for order processing can be delivered.

3) Right of Withdrawal

3.1 Consumers are generally entitled to a statutory right of withdrawal.

3.2 Further information regarding the right of withdrawal can be found in the Seller's Withdrawal Policy.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller's product description, all prices shown are total prices. No value-added tax (VAT) is charged, as the Seller is exempt from VAT under the German small business regulation (Kleinunternehmerregelung). Any additional delivery or shipping costs are stated separately in the respective product description.

4.2 The available payment method(s) will be displayed to the Customer in the Seller's online shop.

4.3 If the payment method "SOFORT Bank Transfer" is selected, payment processing is carried out by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden ("Klarna"). In order to pay via SOFORT, the Customer must have an online banking account enabled for SOFORT, authenticate themselves during the payment process, and confirm the payment instruction. The payment transaction is processed immediately by Klarna and the Customer's bank account is debited accordingly.

Further information about SOFORT is available at:

https://www.klarna.com/sofort/

4.4 If a payment method offered via Shopify Payments is selected, payment processing is carried out by Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland ("Stripe"). The individual payment methods available through Shopify Payments are displayed in the Seller's online shop. Stripe may use additional payment service providers for payment processing, which may be subject to separate terms and conditions.

Further information about Shopify Payments is available at:

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

4.5 If a payment method offered via Apple Pay is selected, payment processing is carried out by Apple Distribution International, Hollyhill Industrial Estate, Hollyhill, Cork, Ireland ("Apple"). The available Apple Pay payment methods are displayed in the Seller's online shop. Apple may use additional payment service providers that may be subject to separate terms and conditions.

Further information about Apple Pay is available at:

https://www.apple.com/apple-pay/

4.6 If a payment method offered via Google Pay is selected, payment processing is carried out by Google Ireland Limited, Gordon House, 4 Barrow Street, Dublin D04 E5W5, Ireland ("Google"). The available Google Pay payment methods are displayed in the Seller's online shop. Google may use additional payment service providers that may be subject to separate terms and conditions.

Further information about Google Pay is available at:

https://pay.google.com/

4.7 If a payment method offered via Stripe is selected, payment processing is carried out by Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland ("Stripe"). The available Stripe payment methods are displayed in the Seller's online shop. Stripe may use additional payment service providers that may be subject to separate terms and conditions.

Further information about Stripe is available at:

https://stripe.com/

4.8 If payment by credit card via Stripe is selected, the invoice amount becomes due immediately upon conclusion of the contract. Payment processing is carried out by Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland ("Stripe"). Stripe reserves the right to carry out a credit assessment and to reject this payment method if the assessment is negative.

5) Delivery and Shipping Conditions

5.1 If the Seller offers shipment of the goods, delivery shall be made within the Seller's specified delivery area to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified during the Seller's checkout process shall be decisive. If PayPal is selected as the payment method, the delivery address stored in the Customer's PayPal account at the time of payment shall apply.

5.2 If delivery fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This shall not apply to the original shipping costs if the Customer validly exercises their statutory right of withdrawal. In the event of a valid withdrawal, the provisions of the Seller's Withdrawal Policy regarding return shipping costs shall apply.

5.3 If the Customer acts as a business customer, the risk of accidental loss or accidental deterioration of the goods passes to the Customer as soon as the Seller has handed the goods over to the freight forwarder, carrier, or any other person or institution designated to carry out the shipment.

If the Customer acts as a consumer, the risk of accidental loss or accidental deterioration generally passes only upon delivery of the goods to the Customer or to a person authorized to receive them.

Notwithstanding the above, the risk shall also pass to the Customer before delivery if the Customer independently commissions the carrier, freight forwarder, or another person or institution responsible for the shipment, and the Seller has not previously designated that person or institution.

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 non-delivery is not the Seller's responsibility and the Seller has concluded a specific covering transaction with its supplier using due care.

The Seller will make all reasonable efforts to procure the ordered goods. If the goods are unavailable or only partially available, the Customer will be informed immediately and any payments already made will be refunded without undue delay.

5.5 Collection of goods in person is not available for logistical reasons.

6) Retention of Title

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

7) Warranty for Defects

Unless otherwise provided below, the statutory warranty provisions shall apply. The following shall apply instead for contracts concerning the delivery of goods:

7.1 If the Customer acts as a business customer:

  • the Seller shall have the right to choose the method of subsequent performance (repair or replacement);
  • for new goods, the limitation period for warranty claims shall be one year from delivery of the goods;
  • warranty claims for used goods are excluded;
  • the limitation period shall not recommence if replacement goods are supplied under the warranty.

7.2 The above limitations of liability and reductions of limitation periods shall not apply:

  • to claims for damages or reimbursement of expenses made by the Customer;
  • if the Seller has fraudulently concealed a defect;
  • to goods that have been used for a building in accordance with their usual purpose and have caused the defectiveness of the building;
  • to any obligation of the Seller to provide updates for digital products under contracts for goods containing digital elements.

7.3 For business customers, the statutory limitation periods for any existing statutory right of recourse shall remain unaffected.

7.4 If the Customer is a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the commercial duty to inspect and give notice of defects pursuant to Section 377 HGB shall apply. If the Customer fails to comply with these obligations, the goods shall be deemed approved.

7.5 If the Customer is a consumer, they are requested to report any obvious transport damage directly to the delivery carrier and to inform the Seller accordingly. Failure to do so shall have no effect on the Customer's statutory or contractual warranty rights.

8) Liability

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

8.1 The Seller shall have unlimited liability, regardless of the legal basis:

  • in cases of intent or gross negligence;
  • for intentional or negligent injury to life, body or health;
  • under an express guarantee, unless otherwise agreed;
  • where liability is mandatory under applicable law, for example 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 Section 8.1.

Material contractual obligations are obligations whose fulfilment is essential for the proper performance of the contract and on whose compliance the Customer may regularly rely.

8.3 Any further liability of the Seller is excluded.

8.4 The above liability provisions shall also apply to the Seller's legal representatives and agents.

9) Redemption of Promotional Vouchers

9.1 Promotional vouchers issued free of charge by the Seller as part of promotional campaigns with a specified validity period and which cannot be purchased by the Customer ("Promotional Vouchers") may only be redeemed in the Seller's online shop and only during the specified promotional period.

9.2 Certain products may be excluded from voucher promotions if such restrictions are specified in the respective Promotional Voucher.

9.3 Promotional Vouchers must be redeemed before completing the order process. Retroactive redemption is not possible.

9.4 Only one Promotional Voucher may be redeemed per order.

9.5 If the Promotional Voucher represents a fixed monetary value rather than a percentage discount, the value of the order must be at least equal to the value of the voucher. Any remaining voucher balance will not be refunded.

9.6 If the value of the Promotional Voucher is insufficient to cover the total order value, the remaining balance may be paid using one of the other payment methods offered by the Seller.

9.7 Promotional Voucher balances cannot be paid out in cash and do not earn interest.

9.8 Promotional Vouchers will not be reinstated or refunded if goods paid for wholly or partially with the Promotional Voucher are returned under the Customer's statutory right of withdrawal.

9.9 Promotional Vouchers are transferable. The Seller may discharge its obligations by accepting the Promotional Voucher from the person redeeming it in the Seller's online shop. This shall not apply if the Seller has actual knowledge or is grossly negligent in failing to recognize that the holder is not entitled to redeem the voucher, lacks legal capacity, or lacks authority to act.

10) Applicable Law

All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

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

11) Alternative Dispute Resolution

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