General terms and conditions with customer information

Table of Contents

1. Scope

2. Conclusion of Contract

3. Right of Withdrawal

4. Prices and Payment Terms

5. Delivery and Shipping Terms

6. Retention of Title

7. Liability for Defects (Warranty)

8. Liability

9. Redemption of Promotional Vouchers

10. Applicable Law

11. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Amal Rabih (hereinafter referred to as "Seller") apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter referred to as "Customer") and the Seller regarding the goods presented in the Seller’s online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected unless otherwise agreed.

1.2 A consumer in the sense of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly not attributable to their commercial or self-employed professional activity.

1.3 An entrepreneur in the sense of these GTC is a natural or legal person or a legally recognized partnership that acts in the exercise of its 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 on the part of the Seller but serve as an invitation for the Customer to submit a binding offer.

2.2 The Customer can submit an 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 order process, the Customer submits a legally binding contract offer by clicking the button that concludes the order process. The Customer can also submit an offer to the Seller via email, online contact form, or telephone.

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 (fax or email), whereby the receipt of the order confirmation by the Customer is decisive, or

• Delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or

• Requesting payment from the Customer after the order has been placed.

If multiple of the aforementioned alternatives apply, the contract is concluded at the time when one of the alternatives first 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 following submission. If the Seller does not accept the Customer’s offer within this period, this shall be considered a rejection of the offer, and the Customer is no longer bound by their declaration of intent.

2.4 If the Customer selects a payment method offered by PayPal, payment processing is carried out via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), in accordance with PayPal’s terms of use, available at PayPal User Agreement or, if the Customer does not have a PayPal account, under the terms for payments without a PayPal account. If the Customer selects a PayPal payment method in the online order process, the Seller declares acceptance of the Customer's offer at the moment the Customer clicks the button to complete the order process.

2.5 When placing an order 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., email, fax, or letter) after submitting the order. Further access to the contract text by the Seller is not provided. If the Customer has created a user account in the Seller’s online shop before submitting their 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 user account.

2.6 Before submitting a binding order via the Seller’s online order form, the Customer can identify possible input errors by carefully reviewing the information displayed on the screen. A useful technical tool for better error detection may be the browser’s zoom function, which enlarges the display on the screen. The Customer can correct their entries during the electronic order process using the usual keyboard and mouse functions until they click the button to complete the order process.

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

2.8 Order processing and communication generally take place via email and automated order processing. The Customer must ensure that the email address provided for order processing is correct so that they can receive emails sent by the Seller. In particular, the Customer must ensure that spam filters do not block emails sent by the Seller or by third parties commissioned by the Seller for order processing.

3) Right of Withdrawal

3.1 Consumers generally have a statutory right of withdrawal.

3.2 Detailed information on the right of withdrawal is provided in the Seller’s withdrawal policy.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller’s product description, the prices indicated are total prices. No VAT is charged, as the Seller is exempt from VAT as a small business. Any additional delivery and shipping costs are specified separately in the respective product description.

4.2 For deliveries to countries outside Morocco, additional costs may arise in individual cases that the Seller is not responsible for and must be borne by the Customer (e.g., transfer fees charged by banks or import duties and taxes such as customs duties).

4.3 The available payment methods are communicated to the Customer in the Seller’s online shop.

4.4 If advance payment by bank transfer is agreed, payment is due immediately after contract conclusion unless otherwise agreed.

4.5 If the Customer selects a payment method via "PayPal," payment processing is handled by PayPal, which may use third-party payment service providers. If the Seller offers payment methods through PayPal that involve an advance performance by the Seller (e.g., purchase on account or installment payment), the Seller assigns its payment claim to PayPal or a designated payment service provider. Before accepting the assignment, PayPal or the designated payment provider may conduct a credit check. If the selected payment method is not approved due to a negative credit check, the Seller reserves the right to refuse the payment method.

5) Delivery and Shipping Terms

5.1 If the Seller offers shipping, delivery takes place within the specified delivery area to the shipping address provided by the Customer unless otherwise agreed.

5.2 If the delivery fails for reasons attributable to the Customer, the Customer bears the reasonable costs incurred by the Seller.

5.3 If the Customer is an entrepreneur, the risk of accidental loss or deterioration of the goods passes to the Customer once the Seller has handed over the goods to the carrier. For consumers, the risk generally passes only upon receipt of the goods.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. In such cases, the Customer will be informed immediately, and any payments made will be refunded.

5.5 Self-collection of the goods is not possible for logistical reasons.

6) Retention of Title

If the Seller provides advance performance, they retain ownership of the delivered goods until full payment of the purchase price.

7) Liability for Defects (Warranty)
Unless otherwise stipulated in the following provisions, the statutory provisions on 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 defect rights for new goods is one year from the delivery of the goods;

• Defect rights for used goods are excluded;

• The limitation period does not restart if a replacement delivery is made as part of liability for defects.
  7.2 The above-mentioned limitations of liability and reductions in time limits 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;

• For goods that, according to their usual purpose, have been used for a building and caused its defectiveness;

• For any obligation of the Seller to provide updates for digital products in contracts for the supply of goods with digital elements.
  7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claims remain unaffected.
  7.4 If the Customer acts as a merchant within the meaning of § 1 of the German Commercial Code (HGB), they are subject to the commercial duty to inspect and report defects in accordance with § 377 HGB. If the Customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.
  7.5 If the Customer acts as a consumer, they are requested to report any obvious transport damage to the delivery agent and inform the Seller accordingly. Failure to do so has no effect on the Customer’s statutory or contractual claims for defects.

8) Liability
The Seller is liable to the Customer for all contractual, quasi-contractual, and statutory claims, including tort claims, for damages and reimbursement of expenses as follows:
8.1 The Seller is liable without limitation for any legal reason:

• In cases of intent or gross negligence;

• In cases of intentional or negligent injury to life, body, or health;

• Based on a guarantee promise, unless otherwise regulated in this respect;

• Based on mandatory liability such as under the Product Liability Act.
  8.2 If the Seller negligently breaches a material contractual obligation, liability is limited to the foreseeable, typical contractual damage, unless unlimited liability applies under the previous clause. Material contractual obligations are those that the contract imposes on the Seller according to its content to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place, and on which the Customer may regularly rely.
  8.3 Otherwise, liability of the Seller is excluded.
  8.4 The above liability regulations also apply with regard to the liability of the Seller for their agents and legal representatives.

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 arises from the content of the Promotional Voucher.
9.3 Promotional Vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.
9.4 Multiple Promotional Vouchers can also be redeemed in one 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 insufficient to cover the order, one of the other payment methods offered by the Seller may be used to settle the difference.
9.7 The credit of a Promotional Voucher is neither paid out in cash nor does it 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 under their statutory right of withdrawal.
9.9 The Promotional Voucher is transferable. The Seller can make payments 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 holder’s lack of authorization, incapacity, or lack of representation authority.

10) Applicable Law
All legal relationships between the parties are governed by the law of the Federal Republic of Germany, excluding the laws governing the international sale of goods. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.

11) Alternative Dispute Resolution
The Seller is not obliged but willing to participate in a dispute resolution procedure before a consumer arbitration board.