Terms and Conditions for Sales Contracts
via the online shop “Popcornloop”
the between the
Saganer Str. 19, 90475 Nuremberg,
Managing Director Murat Akbulut
Telephone +49 (0) 911 210 80 881
Tax number: 241/135/31637
VAT ID: DE322425174
– hereinafter referred to as “provider” –
– hereinafter referred to as “customer” –
§ 1 Scope, Definitions
(1) The following general terms and conditions apply exclusively to the business relationship between the provider and the customer in the version valid at the time of the order. Deviating general terms and conditions of the customer are not recognized unless the provider expressly agrees to their validity in writing.
(2) The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be attributed predominantly to his commercial or independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or independent professional activity.
§ 2 Conclusion of contract
(1) The customer can select products from the range of the provider, in particular the popcorn loop, and collect them in a shopping cart by clicking on the button "Add to shopping cart". All items that the customer has placed in the shopping cart can be viewed by clicking on "Shopping Cart". Here the customer can also delete articles or change the number. If the customer wants to buy the items from his shopping cart, he clicks on “Checkout”.
During the ordering process, the customer can choose between Express Checkout, either Google Pay and PayPal, or enter their e-mail and delivery address and then click on " Proceed to shipping ". Then he can choose between shipping methods. After the shipping method has been selected, the customer can click on "Continue to payment" to select the payment method and, if the billing address is different, add it. By clicking on "Buy" the customer executes the order.
(2) The provider then sends the customer an automatic confirmation of receipt by e-mail, in which the customer's order is listed again. The customer can print this out using the "Print" function. The automatic confirmation of receipt only documents that the customer's order has been received by the provider and does not represent acceptance of the application.
The contract is only concluded when the provider submits the declaration of acceptance, which is sent in a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but no later than upon delivery of the goods, the text of the contract (consisting of the order, general terms and conditions and order confirmation) will be sent to the customer by us on a durable medium (e-mail or paper printout) (confirmation of contract ). The text of the contract is stored in compliance with data protection.
(3) The contract is concluded in German.
§ 3 Delivery, availability of goods
(1) Delivery times specified by us are calculated from the time of our order confirmation, provided the purchase price has been paid in advance (except for purchases on account). If no or no different delivery time is specified for the respective goods in our online shop, it is 5 to 10 working days.
(2) If no copies of the product selected by the customer are available at the time the customer places the order, the provider will inform the customer of this immediately in the order confirmation. If the product is permanently unavailable, the provider will refrain from a declaration of acceptance. A contract is not concluded in this case.
(3) If the product specified by the customer in the order is only temporarily unavailable, the provider will also inform the customer of this immediately in the order confirmation. If the delivery is delayed by more than two weeks, the customer has the right to withdraw from the contract. This does not affect the customer's statutory right of withdrawal (see Section 9 of these contractual terms and conditions). Incidentally, in this case the provider is also entitled to withdraw from the contract. In doing so, he will immediately reimburse any payments already made by the customer.
(4) The following delivery restrictions apply: The provider only delivers to customers who have their habitual residence (billing address) in one of the following countries and can provide a delivery address in the same country: Germany, ..., ...
§ 4 Retention of title
The delivered goods remain the property of the provider until full payment has been made.
§ 5 Prices and shipping costs
(1) All prices stated on the provider's website include the applicable statutory sales tax.
(2) The corresponding shipping costs are given to the customer in the order form and are to be borne by the customer unless the customer makes use of his right of withdrawal. From a goods order value of EUR 30.00 within Germany, the provider delivers to the customer free of charge.
Free shipping to other delivery countries, from a goods order value of 100 EUR.
Germany, Austria, Belgium, Czech Republic, Denmark, France, Luxembourg, Netherlands, Poland, Monaco, Switzerland
(3) The goods are dispatched by post. The provider bears the shipping risk if the customer is a consumer.
(4) In the event of a cancellation, the customer must bear the direct costs of the return shipment.
§ 6 Payment modalities
(1) The customer can make the payment via PayPal or Sofort.com.
(2) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined according to the calendar, the customer is already in default by missing the payment date. In this case, he has to pay the provider interest on arrears at a rate of 5 percentage points above the base interest rate.
(3) The obligation of the customer to pay default interest does not exclude the assertion of further default damages by the provider.
§ 7 Warranty for material defects, guarantee
(1) The provider is liable for material defects according to the applicable statutory provisions, in particular §§ 434 et seq. BGB. In relation to entrepreneurs, the warranty period is 12 months according to legal regulations for products delivered by the supplier.
(2) There is no additional guarantee for the popcorn loop as it is a manually operated, non-electronic kitchen appliance. The textile hood is an additional or wear product - there is no guarantee. In the case of complaints that are documented and sent to the hood within the first four weeks after delivery of the popcorn loop, the supplier will refund the textile hood free of charge. The textile hood can be reordered via the online shop after the above-mentioned period has expired.
§ 8 Liability
(1) Customer claims for damages are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents . Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, the provider is only liable for the contractually typical, foreseeable damage if this was caused simply by negligence, unless the customer claims for damages resulting from injury to life, limb or health.
(3) The restrictions of paragraphs 1 and 2 also apply to the legal representatives and vicarious agents of the provider if claims are asserted directly against them.
(4) The provisions of the Product Liability Act remain unaffected.
§ 9 cancellation policy
(1) When concluding a distance selling transaction, consumers generally have a statutory right of withdrawal, about which the provider will inform you below in accordance with the statutory model.
The exceptions to the right of withdrawal are regulated in paragraph 2.
Paragraph 3 contains a model cancellation form.
Right of withdrawal
right of withdrawal
You have the right to revoke this contract within fourteen days without giving reasons. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods.
In order to exercise your right of withdrawal, you must send us, Popcornloop GmbH, Saganer Str. 23, 90475 Nuremberg, telephone +49 (0) 911 210 80 881 , e-mail: info(at)popcornloop.com, by means of a clear statement (e.g. a letter sent by post or e-mail) about your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding the exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you withdraw from this contract, we will owe you all payments that we have received from you, including delivery costs (with the exception of the additional costs resulting from the fact that you choose a different type of delivery than the cheap one offered by us have chosen standard delivery) immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any event no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
(2) The right of revocation does not exist
• Contracts for the delivery of goods that are not prefabricated and for the production of which an individual choice or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
• Contracts for the supply of goods that can spoil quickly or whose use-by date would quickly expire;
• Contracts for the delivery of sealed goods which, for reasons of health protection or hygiene, are not suitable for return if their seal has been broken after delivery;
• Contracts for the delivery of goods if these were inseparably mixed with other goods after delivery due to their nature,
• contracts for the delivery of alcoholic beverages, the price of which was agreed at the time the contract was concluded, but which can be delivered no earlier than 30 days after the conclusion of the contract and the current value of which depends on fluctuations on the market over which the entrepreneur has no influence,
• contracts for the supply of sound or video recordings or computer software in a sealed package if the seal has been broken after delivery,
• Contracts for the delivery of newspapers, periodicals or magazines with the exception of subscription contracts.
END OF REVOCATION
(3) The provider informs about the model cancellation form according to the legal regulation as follows:
Sample withdrawal form
If you want to revoke the contract, please fill out this form and send it back:
Saganer Strasse 23
Telephone: +49 (0) 911 210 80 881
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)
Ordered on:…………………………..received on:…………………………………………….
Your customer number:
Your address (if possible with telephone and e-mail address):
List of goods whose purchase is revoked:
Signature of consumer(s) (only if notification is on paper)
(*) Delete where not applicable
§ 10 Final Provisions
(1) The law of the Federal Republic of Germany applies to contracts between the provider and the customer, excluding the UN sales law. The legal regulations on the restriction of the choice of law and the applicability of mandatory regulations, in particular of the state in which the customer has his habitual residence as a consumer, remain unaffected.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the location of the provider.
(3) The contract remains binding in its remaining parts even if individual points are legally ineffective. In place of the ineffective points, the statutory provisions shall apply, if any. Insofar as this would represent unreasonable hardship for one of the contracting parties, the contract as a whole will become ineffective.
Popcornloop GmbH, Saganer Str. 23, 90475 Nuremberg, Managing Director Murat Akbulut , phone +49 (0) 911 210 80 881 , email: info(at)popcornloop.com
Responsible for this website:
Popcornloop GmbH, Saganer Str. 23, 90475 Nuremberg, Managing Director Murat Akbulut, phone +49 (0) 911 210 80 881 , email: info(at)popcornloop.com, tax number: 241/135/31637 VAT ID .: DE322425174
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