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Terms of service

Terms and Conditions with Customer Information
Table of Contents

  1. Scope of Application
  2. Conclusion of the Contract
  3. Right of Withdrawal
  4. Prices and Payment Conditions
  5. Delivery and Shipping Conditions
  6. Retention of Title
  7. Liability for Defects (Warranty)
  8. Liability
  9. Redemption of Promotional Vouchers
  10. Redemption of Gift Vouchers
  11. Applicable Law
  12. Alternative Dispute Resolution

1) Scope of Application
1.1 These General Terms and Conditions (hereinafter "GTC") of Sana Sehic, operating under "Sumana" (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller concerning goods presented by the Seller in his online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 These GTC apply accordingly to contracts for the delivery of vouchers unless otherwise stipulated.

1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly outside their trade, business, or profession.

1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of the Contract
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers from the Seller, but serve as an invitation for the Customer to make a binding offer.

2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. After the Customer has placed the selected items in the virtual shopping cart and completed the electronic ordering process, the Customer submits a legally binding offer regarding the items in the shopping cart by clicking the button that finalizes the order.

2.3 The Seller can 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), with the access to the order confirmation being decisive, or
  • By delivering the ordered goods to the Customer, with the receipt of the goods by the Customer being decisive, or
  • By requesting payment from the Customer after the order has been placed.

If multiple of the above alternatives occur, the contract is concluded at the moment when the first alternative occurs. The acceptance period starts on the day after the Customer sends the offer and ends on the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within this period, the offer is deemed rejected, with the result that 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 done via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full, or – if the Customer does not have a PayPal account – subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. By choosing a PayPal payment method during the ordering process, the Seller deems the Customer’s offer accepted at the moment the Customer clicks the button that finalizes the order.

2.5 After the contract has been concluded, the Seller stores the contract text and sends it to the Customer in text form (e.g., email, fax, or letter). The Seller does not make the contract text available in any other way. If the Customer has created a user account on the Seller’s online shop before submitting the order, the order data will be archived on the Seller's website and can be accessed by the Customer via their password-protected user account by entering the corresponding login details.

2.6 Before the final submission of the order via the online order form, the Customer can recognize possible input errors by carefully reading the information displayed on the screen. A useful technical means for better recognizing input errors can be the zoom function of the browser, which enlarges the display on the screen. The Customer can correct their entries within the electronic ordering process using the usual keyboard and mouse functions until clicking the button that finalizes the order.

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

2.8 The order processing and contact usually take place via email and automated order processing. The Customer must ensure that the email address provided for order processing is accurate, so that emails sent by the Seller can be received at this address. In particular, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller with order processing can be delivered, especially if using spam filters.

3) Right of Withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.

3.2 More information regarding the right of withdrawal can be found in the Seller’s withdrawal instructions.

4) Prices and Payment Conditions
4.1 Unless otherwise stated in the product description, the prices stated are total prices, which include statutory value-added tax. Any additional delivery and shipping costs are stated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise, which the Seller is not responsible for and which the Customer must bear. These include, for example, fees for money transfers by financial institutions (e.g., transfer fees, currency exchange fees) or customs duties and taxes (e.g., customs duties). Such costs may also apply if the delivery is not to a non-EU country, but the Customer makes the payment from a non-EU country.

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

4.4 If the Customer selects a payment method offered via the PayPal service, payment processing will be done through PayPal, which may also use third-party payment service providers. If the Seller offers payment methods where they pay in advance (e.g., purchase on invoice or installment payment), they assign the payment claim to PayPal or to a third-party payment provider commissioned by PayPal. PayPal, or the third-party provider, will carry out a credit check before accepting the assignment. The Seller reserves the right to refuse the selected payment method if the credit check is negative. If the payment method is approved, the Customer must pay the invoice amount within the agreed payment period.

4.5 If the Customer selects a payment method offered via the "Shopify Payments" service, payment processing is done through Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland ("Stripe"). The payment methods offered via Shopify Payments are communicated to the Customer in the Seller’s online shop. For payment processing, Stripe may use additional payment services, for which special payment terms may apply, and the Customer will be separately informed if necessary.

5) Delivery and Shipping Conditions
5.1 If the Seller offers to ship the goods, delivery will be made to the address provided by the Customer within the Seller’s specified delivery area, unless otherwise agreed.

5.2 If the delivery of the goods fails due to reasons for which the Customer is responsible, the Customer must bear the reasonable costs incurred by the Seller. This does not apply in case of the effective exercise of the Customer’s right of withdrawal.

5.3 If the Customer acts as an entrepreneur, the risk of accidental destruction and deterioration of the sold goods passes to the Customer once the Seller has handed the goods over to the carrier. If the Customer is a consumer, the risk passes to the Customer only upon delivery of the goods to the Customer or an authorized recipient.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only if the non-delivery is not the Seller’s fault and the Seller has entered into a reasonable coverage transaction with the supplier. In case of non-availability or partial availability of the goods, the Customer will be promptly informed, and the payment will be refunded.

5.5 Self-pickup is not possible for logistical reasons.

5.6 Vouchers will be provided to the Customer as follows:

  • Via email

6) Retention of Title
If the Seller delivers goods before full payment is made, the Seller retains ownership of the goods until full payment is received.

7) Liability for Defects (Warranty)
Unless otherwise stated, the statutory provisions for liability for defects apply. Deviating from this, the following applies for contracts for the delivery of goods:

7.1 If the Customer is an entrepreneur,

  • The Seller has the choice of the type of supplementary performance;
  • The warranty period for new goods is one year from delivery;
  • The rights and claims for defects are excluded for used goods;
  • The statute of limitations does not restart if a replacement delivery is made within the scope of warranty.

7.2 The above limitations do not apply:

  • For claims for damages and reimbursement of expenses by the Customer;
  • If the Seller has fraudulently concealed the defect;
  • For goods that have been used in a building and caused defects in the building;
  • For the Seller’s obligation to provide updates for digital products, if the contract involves goods with digital elements

7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.4 If the customer acts as a merchant within the meaning of § 1 HGB (German Commercial Code), they are subject to the commercial inspection and notification obligations pursuant to § 377 HGB. If the customer fails to fulfill the notification duties as outlined there, the goods shall be deemed accepted.

7.5 If the customer is a consumer, they are requested to report any obvious transport damage to the delivery carrier and inform the seller of this. Failure to do so will not affect their statutory or contractual rights regarding defects.

8) Liability

The seller is liable to the customer for all contractual, quasi-contractual, and statutory claims, including tort claims, for damages and expenses as follows:

8.1 The seller is fully liable for any legal reason:

  • In cases of intent or gross negligence,
  • For intentional or negligent injury to life, body, or health,
  • Under a guarantee promise, unless otherwise specified,
  • Due to 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 typical, foreseeable damage, unless the seller is fully liable according to the preceding clause. Material contractual obligations are obligations that the contract imposes on the seller in order to achieve the contract's purpose, the fulfillment of which enables the proper execution of the contract and which the customer can regularly rely on.

8.3 Otherwise, the seller’s liability is excluded.

8.4 The above liability provisions also apply to the seller’s liability for their agents and legal representatives.

9) Redemption of Promotional Vouchers

9.1 Vouchers issued by the seller as part of promotional campaigns with a specific validity period and not available for purchase by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only within the specified period.

9.2 Promotional vouchers can only be redeemed by consumers.

9.3 Certain products may be excluded from the voucher promotion, if such exclusion is stated in the content of the promotional voucher.

9.4 Promotional vouchers can only be redeemed before completing the ordering process. Retroactive compensation is not possible.

9.5 Only one promotional voucher can be redeemed per order.

9.6 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.

9.7 If the value of the promotional voucher does not cover the order total, the customer can choose from other payment methods offered by the seller to settle the difference.

9.8 The balance of a promotional voucher is neither refundable nor interest-bearing.

9.9 The promotional voucher will not be refunded if the customer returns the goods, which were fully or partially paid for with the promotional voucher, under their statutory right of withdrawal.

9.10 The promotional voucher is transferable. The seller may perform 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 gross negligence ignorance of the holder's lack of entitlement, legal capacity, or lack of representation authority.

10) Redemption of Gift Vouchers

10.1 Vouchers that can be purchased through the seller's online shop (hereinafter "gift vouchers") can only be redeemed in the seller’s online shop, unless the voucher specifies otherwise.

10.2 Gift vouchers and remaining balances of gift vouchers are redeemable until the end of the third year after the year of the voucher's purchase. Any remaining balance will be credited to the customer until the expiration date.

10.3 Gift vouchers can only be redeemed before completing the ordering process. Retroactive compensation is not possible.

10.4 Only one gift voucher can be redeemed per order.

10.5 Gift vouchers can only be used to purchase goods and not other gift vouchers.

10.6 If the value of the gift voucher does not cover the order total, the customer can choose from other payment methods offered by the seller to settle the difference.

10.7 The balance of a gift voucher is neither refundable nor interest-bearing.

10.8 The gift voucher is transferable. The seller may perform with discharging effect to the respective holder who redeems the gift voucher in the seller’s online shop. This does not apply if the seller has knowledge or gross negligence ignorance of the holder's lack of entitlement, legal capacity, or lack of representation authority.

11) Applicable Law

For all legal relationships between the parties, the law of the Federal Republic of Germany shall apply, excluding the laws governing international purchase of movable goods. For consumers, this choice of law shall only apply to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country where the consumer has their habitual residence.

12) Alternative Dispute Resolution

12.1 The EU Commission provides an online platform for the resolution of disputes at the following link: https://ec.europa.eu/consumers/odr.

This platform serves as a point of contact for the extrajudicial resolution of disputes arising from online purchase or service contracts involving a consumer.

12.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration body.