Terms of Service
2. Conclusion of contract
3. Right of withdrawal
4. Prices and terms of payment
5. Delivery and shipping conditions
6. Grant of Digital Content Rights
7. Contract duration and contract termination for subscription contracts
8. Retention of title
9. Liability for defects (warranty)
10. Special conditions for the processing of goods according to the customer's specifications
11. Redemption of action vouchers
12. Redemption of gift vouchers
13. Applicable law
14. Alternative Dispute Resolution
1.1 These General Terms and Conditions (hereinafter referred to as the "Terms") of Haval Kizil (hereinafter referred to as "Seller") apply to all contracts concerning the delivery of goods by a consumer or contractor (hereinafter referred to as "Customer") with the Seller in respect of the Seller Online store presents displayed goods. Hereby the inclusion of own conditions of the customer is contradicted, unless it is agreed otherwise.
1.2 For contracts for the delivery of digital content, these terms and conditions apply accordingly, unless expressly otherwise stipulated.
1.3 For contracts for the delivery of vouchers, these terms and conditions apply accordingly, unless expressly stipulated otherwise.
1.4 For contracts for the delivery of tickets, these terms and conditions apply accordingly, unless expressly otherwise stipulated. These terms and conditions govern only the sale of tickets for certain, in the item description of the seller specified events and not the execution of these events. For the execution of the events, only the statutory provisions in the relationship between the customer and the organizer and, if applicable, deviating conditions of the organizer apply. Unless the seller is also the organizer at the same time, he is not liable for the proper performance of the event, for which only the respective organizer is responsible.
1.5 Consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity can be attributed. Entrepreneur in the sense of these terms and conditions is a natural or legal person or a legal partnership, which acts in the execution of a legal transaction in the exercise of their commercial or independent professional activity.
1.6 Digital content in the sense of these terms and conditions are all data not on a physical data medium, which are produced in digital form and provided by the seller under granting of certain rights of use regulated in these terms and conditions.
1.7 Subject of the contract may be - depending on the product description of the seller - both the purchase of goods by means of a one-time delivery and the purchase of goods by means of a permanent delivery (hereinafter referred to as "subscription contract"). In the case of a subscription contract, the seller agrees to deliver the contractually owed goods to the customer for the duration of the agreed contract period in the contractually due time intervals.
2) Conclusion of contract
2.1 The product descriptions contained in the online shop of the seller do not constitute binding offers by the seller, but serve to make a binding offer by the customer.
2.2 The customer may submit the offer via the online order form integrated into the online shop of the seller. In this case, after the customer has placed the selected goods in the virtual shopping cart and has gone through the electronic ordering process, by clicking on the button concluding the ordering process, the customer submits a legally binding contract offer in relation to the goods contained in the shopping cart.
2.3 The seller may accept the offer of the customer within five days,
- by sending to the customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation at the customer is authoritative, or
- by delivering the ordered goods to the customer, in which case the access of the goods to the customer is decisive, or
- by asking the customer for payment after submitting his order.
If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day following the date on which the offer is sent by the customer and ends on the fifth day following the dispatch of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
2.5 If you choose the Amazon Payments payment method, payment will be processed through the Amazon Payments Europe sca, 5 Rue Plaetis, L-2338 Luxembourg (hereinafter referred to as "Amazon") payment service under the terms of the Amazon Payments Europe User Agreement, available at Select the Customer As part of the online order process "Amazon Payments" as a payment method, he issued by clicking the finalizing the order process button at the same time also a payment order to Amazon. In this case, the seller already declares the acceptance of the offer of the customer at the time in which the customer triggers the payment process by clicking the button concluding the order process.
2.6 When placing an offer via the online order form of the seller, the contract text is stored by the seller after conclusion of the contract and sent to the customer after sending his order in writing (eg e-mail, fax or letter). Any further provision of the contract by the seller is not possible. If the customer has set up a user account in the online shop of the seller before sending his order, the order data will be archived on the website of the seller and can be accessed by the customer via his password-protected user account, stating the corresponding login data free of charge.
2.7 Prior to the binding submission of the order 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 for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. As part of the electronic ordering process, the customer can correct his input via the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
2.8 The contract is concluded in German and English.
2.9 Order processing and contacting are usually carried out by e-mail and automated order processing. The customer must ensure that the e-mail address specified by him for the order processing is correct, so that at this address the e-mails 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 with the order processing can be delivered.
2.10 When ordering alcoholic beverages, the customer confirms by sending the order that he has reached the legally required minimum age. The seller, with the help of an age verification system, ensures that the customer has reached the legally required minimum age. A transfer of the goods is therefore only on previous successful examination of the age and authentication of the customer.
2.11 When ordering tobacco products, the customer confirms by submitting the order that he has reached the legally required minimum age and undertakes to ensure that either he or one of his authorized persons of full age may accept the goods.
2.12 When ordering data media that are not suitable for minors (FSK or USK-18 article), the customer confirms by submitting the order that he has reached the legally required minimum age and undertakes to ensure that that either he or one of his authorized persons of full age may accept the goods.
2.13 For contracts for the supply of weapons, the following additional conditions apply:
2.13.1 When ordering goods that are covered by the Weapons Law of the Federal Republic of Germany (WaffG), the customer must be of legal age. Customers wishing to purchase weapons and ammunition listed in Appendix 2 to the WaffG as weapons and ammunition subject to authorization must have a permit to purchase. The seller points out in the respective article description, if it concerns a commodity, which is covered by the WaffG or which requires permission within the meaning of the plant 2 of the WaffG.
2.13.2 When ordering goods that are covered by the Weapons Act, the customer ensures by submitting his order that he is at least 18 years old and that his information about his name and address are correct. The customer further undertakes that only he himself will receive the goods. A transfer of the goods takes place only with previous successful examination of the age and an authentication of the customer.
2.13.3 In the case of an order for goods which are subject to authorization under the Weapons Act, proof of the license must also be provided. Goods subject to authorization are only sold and delivered upon presentation of a valid purchase permit in the original or as a publicly (officially or notarially) certified copy of all labeled pages. A transfer of the goods takes place only with previous successful examination of the age and an authentication of the customer.
3.1 Consumers are in principle entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal arises from the cancellation policy of the seller.
3.3 The right of withdrawal does not apply to consumers who, at the time of the conclusion of the contract, do not belong to any Member State of the European Union and whose sole domicile and delivery address are outside the European Union at the time of the conclusion of the contract.
3.4 Pursuant to Section 312g (2) no. 9 BGB, unless otherwise agreed, a right of revocation does not exist for contracts for the provision of services in connection with leisure activities if the contract provides for a specific date or period for the provision. Thereafter, a right of withdrawal is also excluded for contracts that have the sale of tickets for on-schedule recreational events to the object.
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory value added tax. If applicable, additional delivery and shipping costs are specified separately in the respective product description.
4.2 In the case of 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 the transfer of money by credit institutions (eg transfer fees, exchange rate charges) or import duties or taxes (eg customs duties). Such costs may be incurred in relation to the transfer of funds even 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 option (s) will be communicated to the customer in the online shop of the seller.
4.4 If advance payment has been agreed by bank transfer, the payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.
4.6 If the payment method "IMMEDIATELY" is selected, the payment is processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "IMMEDIATE"). In order to be able to pay the invoice amount "IMMEDIATELY", the customer must have a PIN / TAN online banking account enabled to participate in "IMMEDIATE RELEASE", legitimize himself during the payment process and have the payment order vis-à-vis "IMMEDIATE". to confirm. The payment transaction will be carried out immediately after "IMMEDIATE" and the customer's bank account will be debited. Further information on the payment method "IMMEDIATELY" the customer can retrieve on the Internet at .
4.7 If the payment method SEPA Direct Debit is selected, the invoice amount is due for payment after a SEPA direct debit mandate has been issued, but not before the deadline for the preliminary information has expired. The collection of the direct debit takes place when the ordered goods leave the warehouse of the seller, but not before the deadline for the advance information. Pre-notification ("Pre-Notification") is any notification (eg invoice, policy, contract) of the seller to the customer that announces a debit via SEPA direct debit. If the direct debit is not redeemed for lack of sufficient account coverage or due to the specification of a wrong bank account or contradicts the customer of the debit, although he is not entitled to do so, the customer has to bear the chargeback of the respective credit institution fees,if he is responsible for this.
4.8 When selecting the payment method "PayPal direct debit", PayPal shall deduct the invoice amount from the customer's bank account after issuing a SEPA direct debit mandate, but not before the deadline for the preliminary information on behalf of the seller. Pre-notification ("Pre-Notification") is any notification (eg invoice, policy, contract) to the customer that announces a debit via SEPA direct debit. If the direct debit is not redeemed for lack of sufficient account coverage or due to the specification of an incorrect bank account or the customer objects to the debit, although he is not entitled to do so, the customer shall bear the fees incurred by the chargeback of the respective credit institution, if he is responsible for this ,
4.9 If the payment method Direct Debit via Stripe is selected, payment will be processed via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland ("Stripe"). In this case, Stripe will deduct the invoice amount from the customer's bank account after issuing a SEPA direct debit mandate, but not before the pre-notification deadline has expired on behalf of the seller. Pre-notification ("Pre-Notification") is any notification (eg invoice, policy, contract) to the customer that announces a debit via SEPA direct debit. If the direct debit is not redeemed for lack of sufficient account coverage or due to the specification of an incorrect bank account or contradicts the customer of the debit, although he is not entitled to do so,the customer has to bear the fees resulting from the re-booking of the respective credit institution, if he is responsible for this. The seller reserves the right to carry out a credit check when selecting the SEPA direct debit payment method and to reject this method of payment if the credit check is negative.
4.10 When selecting the payment method credit card, the invoice amount is due immediately upon conclusion of the contract. The processing of the payment method credit card payment takes place in cooperation with secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.ag) to which the provider assigns his payment claim. Secupay AG collects the invoice amount from the customer's credit card account. In the case of assignment, only secupay AG can be made debt-discharging. The credit card is charged immediately after sending the customer order in the online shop. The provider remains with Selection of the payment method Credit card payment via the secupay AG responsible for general customer inquiries eg regarding goods, delivery time, dispatch, returns, complaints, revocation declarations and consignments or credits.
4.11 If the payment method Credit Card via Wirecard is selected, the payment is processed via Wirecard Bank AG, Einsteinring 35, D-85609 Aschheim (https://www.wirecardbank.com/) to which the vendor transfers his claim for payment. Wirecard Bank AG collects the invoice amount from the customer's credit card account. In the case of assignment, only Wirecard Bank AG can be made debt-discharging. The credit card will be charged immediately after sending the customer order via the online shop of the seller. The seller remains responsible for general customer inquiries even when selecting the payment method credit card via Wirecard z. For example, to the goods, delivery time, shipping, returns, complaints, revocation and send or credit.On the information of Wirecard Bank AG pursuant to Article 13 GDPR in the context of the processing of credit card payments under being point out.
5) Delivery and Shipping Conditions
5.1 The delivery of goods shall be made by mail to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing of the seller is decisive. Notwithstanding this, when choosing the payment method PayPal, the delivery address deposited by PayPal at the time of payment is decisive.
5.2 If the transport company sends the goods back to the seller, as delivery to the customer was not possible, the customer bears the costs for unsuccessful shipping. This does not apply if the customer is not responsible for the circumstance leading to the impossibility of service delivery or if he was temporarily prevented from accepting the service offered, unless the seller has informed him of the service a reasonable time in advance would have. Furthermore, this does not apply to the cost of the consignment, if the customer exercises his right of withdrawal effectively. For the return costs applies in case of effective exercise of the right of withdrawal by the customer to the provision made in the cancellation policy of the seller.
5.3 In the case of self-pickup, the seller first informs the customer by e-mail that the goods ordered by him are ready for pickup. Upon receipt of this e-mail, the customer may collect the goods after consultation with the seller at the seller's domicile. In this case, no shipping costs will be charged.
5.4 Digital content will be provided to the customer exclusively in electronic form as follows:
- by download
- by e-mail
5.5 Vouchers will be given to the customer as follows:
- by download
- by e-mail
- by post
5.6 Tickets are provided to the customer as follows:
- by download
- by e-mail
- by post
6) Grant of rights of use for digital content
6.1 Unless otherwise stated in the content description in the online shop of the seller, the seller grants the customer the non-exclusive, locally and temporally unlimited right to use the provided content exclusively for private purposes.
6.2 Any transfer of the content to third parties or the production of copies for third parties outside the scope of these terms and conditions is not permitted, unless the seller has consented to a transfer of the contractual license to the third party.
6.3 The granting of rights becomes effective only if the customer has fully paid the contractually owed remuneration. The seller may allow the use of the contractual content even before this time provisionally. A transfer of rights does not take place through such provisional permission.
7) Contract duration and contract termination for subscription contracts
7.1 Subscription contracts are limited in time, for which from the respective product description in the online shop of the seller apparent contract period closed and end automatically after the expiration of the contract period.
7.2 The right to extraordinary termination for cause remains unaffected. An important reason exists if, in consideration of all circumstances of the individual case and weighing the interests of both parties, the terminating part can not reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a period of notice.
7.3 Terminations must be made in writing or in text form (eg by e-mail).
8) Retention of title
If the seller in advance, he reserves the right to the ownership of the delivered goods until full payment of the purchase price owed.
9) Liability for defects (warranty)
9.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
9.2 The customer is requested to complain to the deliverer of delivered goods with obvious transport damage and to inform the seller thereof. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.
10) Special conditions for the processing of goods according to the customer's specifications
10.1 If the seller owes the content of the contract in addition to the delivery of goods and the processing of the goods according to specific specifications of the customer, the customer has the operator all the necessary for processing content such as text, images or graphics in the file formats specified by the operator, formatting, image - and file sizes to provide and give him the necessary rights of use. The customer is solely responsible for the procurement and the acquisition of rights to this content. The customer declares and accepts responsibility for having the right to use the content provided to the seller. In particular, he shall ensure that no third party rights are infringed, in particular copyrights, trademark rights and personal rights.
10.2 The customer exempts the seller from claims of third parties, which they can assert against the seller in connection with a violation of their rights by the contractual use of the contents of the customer by the seller. The customer also assumes the reasonable costs of the necessary legal defense, including all court and legal fees at the statutory rate. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obligated to immediately, truthfully and completely provide the seller with all the information necessary for the examination of the claims and a defense.
10.3 The seller reserves the right to refuse processing orders if the content provided by the customer violates legal or official prohibitions or morality. This applies in particular to the release of anti-constitutional, racist, xenophobic, discriminatory, offensive, youth-threatening and / or violence-glorifying content.
11) Redemption of
promotional vouchers 11.1 Vouchers that are issued by the seller free of charge as part of promotions with a specific period of validity and that can not be purchased by the customer (hereinafter "action vouchers"), can only in the seller's online shop and only in the specified Period are redeemed.
11.2 Individual products may be excluded from the coupon promotion provided that such restriction results from the content of the promotional coupon.
11.3 Action vouchers can only be redeemed before the order process has been completed. Subsequent offsetting is not possible.
11.4 Only one action coupon can be redeemed per order.
11.5 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.
11.6 If the value of the action voucher is insufficient to cover the order, one of the remaining payment methods offered by the seller may be selected to settle the difference.
11.7 The balance of an action voucher is neither paid in cash nor interest.
11.8 The action voucher will not be refunded if the customer returns the goods fully or partially paid for with the action voucher as part of its statutory right of revocation.
11.9 The action coupon is only intended for use by the person named on it. A transfer of the action voucher to third parties is excluded. The seller is entitled, but not obliged, to check the substantive eligibility of the respective voucher holder.
12) Redemption of gift vouchers
12.1 Vouchers that can be purchased via the seller's online shop (hereinafter referred to as "gift vouchers") can only be redeemed in the online shop of the seller, unless the voucher indicates otherwise.
12.2 Gift vouchers and remaining credits of gift vouchers are redeemable until the end of the third year following the year of the voucher purchase. Remaining credits will be credited to the customer until the expiry date.
12.3 Gift Certificates can only be redeemed prior to completing the order process. Subsequent offsetting is not possible.
12.4 When placing an order, several gift vouchers can be redeemed.
12.5 Gift Certificates can only be used for the purchase of goods and not for the purchase of additional Gift Certificates.
12.6 If the value of the gift voucher is insufficient to cover the order, one of the remaining payment methods offered by the seller may be used to settle the difference.
12.7 The credit of a Gift Certificate will not be paid in cash or interest.
12.8 The gift certificate is only intended for use by the person named on it. A transfer of the gift certificate to third parties is excluded. The seller is entitled, but not obliged, to check the substantive eligibility of the respective voucher holder.
13) Applicable law
13.1 The laws of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws governing the international purchase of movable goods. For consumers, this choice of law applies only to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
13.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who, at the time of the conclusion of the contract, do not belong to any member state of the European Union and whose sole domicile and delivery address are outside the European Union at the time the contract is concluded.
14) Alternative Dispute Resolution
14.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved. 14.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
The indicated prices are final prices plus shipping costs. According to § 19 UStG we do not charge VAT and therefore do not expose you (small business owner status)