Terms and conditions
These terms apply to all orders placed through this online shop by consumers and by business customers.
This is a translation for your convenience. The contract is concluded on the basis of the German terms and conditions; in the event of any discrepancy, the German text governs (see § 11).
§ 1 Scope and provider
These terms and conditions apply to all contracts between
Eyyüp AslanerArminiusstraße 30A
44149 Dortmund
(hereinafter the “seller”) and the customer that are concluded through this online shop.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession (§ 13 BGB). A business customer is a natural or legal person acting in the exercise of their trade, business or profession when entering into the legal transaction (§ 14 BGB).
Deviating terms of the customer do not become part of the contract unless the seller expressly agrees to their application.
§ 2 Conclusion of contract
The presentation of products in the online shop does not constitute a legally binding offer, but a non-binding invitation to order.
By clicking the button “Order with obligation to pay” the customer submits a binding offer to purchase the goods in the cart. Immediately after the order is submitted the customer receives an acknowledgement of receipt by email. That acknowledgement does not yet constitute acceptance of the offer.
The contract is concluded when the seller accepts the order by separate order confirmation by email, or dispatches the goods. The seller is entitled to accept the offer within five working days.
Before submitting a binding order, the customer can correct all entries in the order summary at any time using the usual keyboard and mouse functions. The ordering process can be completed in German or in English.
The seller stores the text of the contract and sends it to the customer after the order has been submitted, together with these terms and the withdrawal instructions, in text form by email.
§ 3 Prices and shipping costs
All prices stated are final prices in euros. The seller is a small business within the meaning of § 19 of the German VAT Act; no VAT is charged and none is shown.
As the goods are offered by weight, the unit price is shown in addition to the pack price — per 100 g for packs below 250 g, otherwise per 1 kg.
The product price shown is a final price. Shipping costs may be added; their amount depends on the shipping method and the delivery country and is stated separately during checkout before the order is placed. Details can be found under Shipping & payment.
§ 4 Payment terms
The customer may choose from the payment methods offered during the ordering process. The purchase price is due for payment when the contract is concluded.
When paying via PayPal or Klarna, the payment is handled by the respective provider, whose terms of use and payment terms apply in addition. The contract of sale for the goods is concluded solely between the customer and the seller regardless.
When paying by SEPA direct debit, the customer issues a SEPA direct debit mandate. The pre-notification period is shortened to at least one day before the debit. The customer ensures that the account holds sufficient funds; costs arising from a chargeback for which the customer is responsible are borne by the customer.
If the customer defaults on payment, the seller is entitled to charge default interest at the statutory rate. The right to claim further damages caused by the default remains unaffected.
The customer has a right of retention only insofar as their counterclaim arises from the same contractual relationship. The customer may only set off claims that are undisputed or have been established with legal effect.
§ 5 Delivery terms
Delivery is made by DHL to the delivery address specified by the customer. The handling time is 1-2 working days; delivery within Germany then usually takes 2-3 working days, and 3-6 working days within the EU countries served.
Information on delivery times is non-binding unless a binding delivery date has exceptionally been promised.
If the goods ordered are unavailable because the seller is not supplied by its own supplier through no fault of its own, the seller may withdraw from the contract. In that case the customer is informed without delay and any payments already made are refunded without delay.
For consumers, the risk of accidental loss and accidental deterioration of the goods sold passes only upon handover of the goods. For business customers, the risk passes upon handover to the shipping company.
§ 6 Retention of title
The goods delivered remain the property of the seller until payment has been made in full.
Towards business customers the seller retains title to the goods until all claims arising from the ongoing business relationship have been settled in full. The business customer is entitled to resell the goods subject to retention of title in the ordinary course of business; they hereby assign the resulting claims to the seller in the amount of the invoice value.
§ 7 Right of withdrawal
Consumers have a statutory right of withdrawal of 14 days. Details, the instructions on exercising it and the model withdrawal form can be found in our withdrawal instructions.
Important note: Pursuant to § 312g(2) no. 3 BGB there is no right of withdrawal for sealed goods which are not suitable for return for reasons of health protection or hygiene, if the seal was removed after delivery. Our matcha pouches are heat-sealed; once the seal has been opened, the right of withdrawal for that pouch lapses.
§ 8 Warranty
The statutory rules on liability for defects apply. For consumers, the limitation period for claims based on defects is two years from delivery of the goods.
For foodstuffs, the warranty relates to the condition of the goods at the passing of risk. Liability for losses in quality caused by improper storage by the customer is excluded. The storage instructions given on the packaging and on the product page must be observed.
Towards business customers the limitation period for claims based on defects is one year from the passing of risk; the statutory limitation periods for recourse claims under § 445b BGB remain unaffected. Business customers must inspect the goods without delay upon receipt and give notice of apparent defects without delay (§ 377 HGB).
The above limitations do not apply to claims for damages arising from injury to life, body or health, in cases of intent or gross negligence, in cases of fraudulent concealment of a defect, or to claims under the Product Liability Act.
§ 9 Liability
The seller is liable without limitation for intent and gross negligence, for injury to life, body or health, under the provisions of the Product Liability Act, and to the extent of any guarantee given.
In the case of slightly negligent breach of a material contractual obligation — one whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the customer may regularly rely — liability is limited to the damage foreseeable at the time the contract was concluded and typical for this type of contract. Liability is otherwise excluded.
§ 10 Dispute resolution
The seller is neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board.
§ 11 Final provisions
The law of the Federal Republic of Germany applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. For consumers this choice of law applies only insofar as it does not deprive them of the protection granted by mandatory provisions of the law of the country of their habitual residence. These terms are concluded in German; the German version governs in the event of any discrepancy with this translation.
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 the contractual relationship is the seller's registered office.
Should individual provisions of this contract be or become invalid, the validity of the remaining provisions remains unaffected.
Version and contact
If you have questions about these terms you can reach us at [email protected].