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General terms and conditions with customer information
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Table of contents
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1. Scope
2. Conclusion of contract
3. Right of withdrawal
4. Prices and payment terms
5. Delivery and shipping conditions
6. Liability for defects
7. Applicable law, place of jurisdiction

1) Scope
1.1 These terms and conditions of Enis Morina, trading under the name "Enis Morina" (hereinafter "Seller"), apply to all contracts concluded between a consumer or entrepreneur (hereinafter "Customer") and the Seller regarding the goods and/or services presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby excluded, unless otherwise agreed.
1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity. An entrepreneur within the meaning of these General Terms and Conditions is any natural or legal person, or a partnership with legal capacity, who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

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 to submit a binding offer by the Customer.
2.2 The customer can submit an offer via the online order form integrated in the seller's online shop. After entering their personal data, the customer submits a legally binding contractual offer for the goods and/or services contained in the shopping cart by clicking the button that completes the order process.
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 e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
- by requesting payment from the customer after placing his order.
If several of the aforementioned alternatives exist, the contract is concluded at the time one of the aforementioned alternatives occurs first. 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 or her declaration of intent.
2.4 The period for acceptance of the offer begins on the day after the offer is sent by the customer and ends on the expiry of the fifth day following the dispatch of the offer.
2.5 When submitting an offer via the Seller's online order form, the contract text will be saved by the Seller and sent to the Customer after the order has been submitted, along with these General Terms and Conditions, in text form (e.g., by email, fax, or letter). In addition, the contract text will be archived on the Seller's website and can be accessed free of charge by the Customer via their password-protected customer account by entering the relevant login data, provided the Customer has created a customer account in the Seller's online shop before submitting their order.
2.6 Before submitting the order via the Seller's online order form, the Customer can continuously correct his or her entries using the usual keyboard and mouse functions. Furthermore, all entries will be displayed again in a confirmation window before the order is submitted, and can also be corrected there using the usual keyboard and mouse functions.
2.7 The German language is available for the conclusion of the contract.
2.8 Order processing and contact will take place via email and automated order processing. The customer must ensure that the email address provided for order processing is correct, so that emails sent by the seller can be received at this address. In particular, when using spam filters, the customer must ensure that all emails sent by the seller or third parties commissioned by the seller to process the order can be delivered.

3) Right of withdrawal
Consumers generally have a right of withdrawal. Further information on the right of withdrawal can be found in the seller's cancellation policy.

4) Prices and payment terms
4.1 The prices quoted by the Seller are total prices. VAT is not shown, as the Seller is subject to the small business regulations. Any additional delivery and shipping costs will be stated separately in the respective product description.
4.2 For deliveries to countries other than Switzerland, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for money transfers through credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also arise in relation to money transfers if the delivery takes place within Switzerland, but the customer makes the payment from a country other than Switzerland.
4.3 The Customer has various payment options available, which are specified in the Seller’s online shop.
4.4 If advance payment has been agreed, payment is due immediately after conclusion of the contract.
4.5 If a payment method offered via the "Shopify Payments" payment service is selected, payment processing will be carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments will be communicated to the customer in the seller's online shop. Stripe may use other payment services to process payments, for which special payment terms may apply, to which the customer may be informed separately. Further information on "Shopify Payments" can be found online at https://www.shopify.com/legal/terms-payments-de.

5) Delivery and shipping conditions
5.1 Goods are generally delivered by post to the delivery address provided by the customer. The delivery address provided during the seller's order processing is decisive for the transaction. Exception: If PayPal is selected as the payment method, the delivery address provided by the customer to PayPal at the time of payment is decisive.
5.2 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful shipment.
5.3 In principle, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the Buyer upon dispatch of the goods or upon handover to the carrier.
5.4 Self-collection is not possible for logistical reasons.

6) Liability for defects
The statutory liability for defects applies.

7) Applicable law, place of jurisdiction
7.1 If the customer acts as a consumer, Swiss law shall apply to all legal relationships between the parties, excluding the UN Convention on the International Sale of Goods, and the exclusive place of jurisdiction for all disputes arising from this contract shall be the customer's place of residence.
7.2 If the customer acts as an entrepreneur, the exclusive place of jurisdiction for all disputes arising from this contract shall be the place of residence or business of the seller.

Copyright notice: These terms and conditions were created by the specialist lawyers of the IT law firm and are protected by copyright (https://www.it-recht-kanzlei.de)