Terms of service

Important Legal Notice regarding the English Version

Convenience Translation: This English version of the General Terms and Conditions (GTC) is provided for informational purposes and for the convenience of non-German speaking customers only.

Governing Language: The underlying legal contract and the relationship between the parties are governed by German law. In the event of any discrepancies, ambiguities, or contradictions between this English translation and the original German version (Allgemeine Geschäftsbedingungen), the German version shall prevail and be legally binding.

General Terms and Conditions

Table of Contents

  1. Scope of Application
  2. Conclusion of Contract
  3. Right of Cancellation
  4. Prices and Payment Terms
  5. Delivery and Shipping Conditions
  6. Retention of Title
  7. Liability for Defects (Warranty)
  8. Liability
  9. Applicable Law
  10. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Derya Tavas, operating under "Deryadesigns" (hereinafter referred to as the "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as the "Customer") concludes with the Seller regarding the goods presented by the Seller in their online shop. The inclusion of the Customer's own conditions is hereby objected to, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that, for the most part, can neither be attributed to their commercial nor their independent professional activity.

1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a legal partnership that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.

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 the offer via the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that concludes the ordering process.

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), 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 submission of their order.

If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the Customer sends the offer and ends at the expiration of 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 result that the Customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment processing is carried out 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, viewable at https://www.paypal.com/de/legalhub/paypal/useragreement-full or – if the Customer does not have a PayPal account – subject to the Terms for Payments without a PayPal Account, viewable at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the Customer pays using a payment method offered by PayPal that can be selected in the online ordering process, the Seller already declares acceptance of the Customer's offer at the moment the Customer clicks the button that concludes the ordering process.

2.5 When ordering via the Seller's online order form, the text of the contract is saved by the Seller after the conclusion of the contract and sent to the Customer in text form (e.g., email, fax, or letter) after dispatch of their order. Any further accessibility of the contract text by the Seller does not take place. If the Customer has set up a user account in the Seller's online shop prior to submitting their order, the order data will be archived on the Seller's website and can be accessed free of charge by the Customer via their password-protected user account using the corresponding login details.

2.6 Prior to binding submission of the order via the Seller's online order form, the Customer can identify potential input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the browser's magnification function, which enlarges the display on the screen. The Customer can correct their entries within the scope of the electronic ordering process using the standard keyboard and mouse functions until clicking the button that concludes the ordering process.

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

2.8 Order processing and contact usually take place via email and automated order processing. The Customer must ensure that the email address provided by them 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 by third parties commissioned by the Seller with order processing can be delivered.

3) Right of Cancellation

3.1 Consumers are generally entitled to a right of cancellation (right of withdrawal).

3.2 Further information on the right of cancellation can be found in the Seller's cancellation policy.

3.3 The right of cancellation does not apply to consumers who do not belong to a Member State of the European Union at the time the contract is concluded and whose sole residence and delivery address are outside the European Union at the time the contract is concluded.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller's product description, the prices indicated are total prices, which include statutory value-added tax (VAT). Any additional delivery and shipping costs will be specified separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which are to 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 and taxes (e.g., customs duties). Such costs may also be incurred in relation to money transfers 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 Seller's online shop.

4.4 If a payment method offered via the payment service "PayPal" is selected, payment processing is carried out via PayPal, whereby PayPal may also use the services of third-party payment service providers for this purpose. If the Seller also offers payment methods via PayPal where advance performance is rendered to the Customer (e.g., purchase on account or installment payment), the Seller assigns its payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the Customer. Before accepting the Seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal conducts a credit check using the transmitted customer data. The Seller reserves the right to refuse the Customer the selected payment method in the event of a negative credit check result. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, the Customer can only make payments with discharging effect to PayPal or the payment service provider commissioned by PayPal. However, even in the case of assignment of claims, the Seller remains responsible for general customer inquiries, e.g., regarding goods, delivery time, shipment, returns, complaints, declarations of cancellation, or credit notes.

4.5 If a payment method offered via the payment service "Shopify Payments" is selected, payment processing is carried out by Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland ("Shopify"). The individual payment methods offered via Shopify Payments are communicated to the Customer in the Seller's online shop. To process payments, Shopify may use other payment services for which special payment conditions may apply, to which the Customer may be notified separately. Further information on "Shopify Payments" is available on the Internet at https://www.shopify.com/legal/terms-payments/.

4.6 If a payment method offered via the payment service "Apple Pay" is selected, payment processing is carried out by Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland ("Apple"). The individual payment methods offered via Apple Pay are communicated to the Customer in the Seller's online shop. To process payments, Apple may use other payment services for which special payment conditions may apply, to which the Customer may be notified separately. Further information on Apple Pay is available on the Internet at https://www.apple.com/apple-pay/.

4.7 If a payment method offered via the payment service "Google Pay" is selected, payment processing is carried out by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google"). The individual payment methods offered via Google Pay are communicated to the Customer in the Seller's online shop. To process payments, Google may use other payment services for which special payment conditions may apply, to which the Customer may be notified separately. Further information on Google Pay is available on the Internet at https://pay.google.com/about/.

5) Delivery and Shipping Conditions

5.1 If the Seller offers shipping for the goods, delivery shall take place within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. In processing the transaction, the delivery address specified in the Seller's order processing is decisive.

5.2 If the delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply with regard to the costs for outgoing shipping if the Customer effectively exercises their right of cancellation. For return shipping costs, if the right of cancellation is effectively exercised by the Customer, the provisions made in the Seller's cancellation policy shall apply.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the Customer as soon as the Seller has delivered the item to the freight forwarder, the carrier, or the person or institution otherwise designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods shall generally only pass to the Customer or an authorized recipient upon handover of the goods. By way of derogation, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the Customer, even in the case of consumers, as soon as the Seller delivers the item to the freight forwarder, carrier, or person or institution otherwise designated to perform the shipment, if the Customer commissioned the freight forwarder, carrier, or person or institution to perform the shipment and the Seller had not previously named this person or institution to the Customer.

5.4 If the Customer acts as a consumer based in Germany or as an entrepreneur, the Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. However, this only applies in the event that the Seller is not responsible for the non-delivery and the Seller has concluded a specific hedging transaction with the supplier with due care. The Seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer will be informed immediately and the counterperformance will be refunded without delay.

5.5 Self-pickup is not possible for logistical reasons.

6) Retention of Title

If the Seller renders advance performance, the Seller retains title to the delivered goods until full payment of the purchase price owed.

7) Liability for Defects (Warranty)

Unless otherwise provided for in the following regulations, the provisions of statutory liability for defects shall apply. Deviating from this, the following applies to contracts for the delivery of goods:

7.1 If the Customer acts as an entrepreneur:

  • the Seller has the choice of the type of supplementary performance (Nacherfüllung);
  • for new goods, the statute of limitations for defects is one year from delivery of the goods;
  • for used goods, rights in respect of defects are excluded;
  • the statute of limitations shall not restart if a replacement delivery is made within the scope of liability for defects.

7.2 The limitations of liability and shortening of periods regulated above shall not apply:

  • to claims for damages and reimbursement of expenses by the Customer,
  • in the event that the Seller has fraudulently concealed the defect,
  • for goods that have been used for a building in accordance with their customary manner of use and have caused its defectiveness,
  • to any existing obligation of the Seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.

7.3 Furthermore, for entrepreneurs, the statutory statutes of limitation for any existing statutory recourse claim remain unaffected.

7.4 If the Customer acts as a merchant (Kaufmann) within the meaning of Section 377 of the German Commercial Code (HGB), they are subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 HGB. If the Customer fails to comply with the notification obligations specified therein, the goods shall be deemed approved.

7.5 If the Customer acts as a consumer, they are requested to complain about delivered goods with obvious transport damage to the carrier and to inform the Seller thereof. If the Customer fails to do so, this shall have no effect whatsoever on their statutory or contractual claims for defects.

8) Liability

The Seller is liable to the Customer for all contractual, quasi-contractual, and statutory claims, including tortious claims, for damages and reimbursement of expenses as follows:

8.1 The Seller is fully liable on any legal ground:

  • in cases of intent or gross negligence,
  • in cases of intentional or negligent injury to life, body, or health,
  • on the basis of a guarantee promise, unless otherwise regulated in this respect,
  • on the basis of mandatory liability, such as under the Product Liability Act (Produkthaftungsgesetz).

8.2 If the Customer acts as a consumer based in Germany or as an entrepreneur, the following limitations of liability apply: If the Seller negligently breaches an essential contractual obligation, its liability is limited to the contract-typical, foreseeable damage, unless the Seller is fully liable in accordance with the preceding paragraph. Essential contractual obligations are obligations that the contract imposes on the Seller according to its content to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place, and on the compliance with which the Customer may regularly rely. Otherwise, liability on the part of the Seller is excluded, unless the Seller is fully liable in accordance with the preceding paragraph.

8.3 The above liability regulations also apply with regard to the liability of the Seller for its vicarious agents and legal representatives.

9) Applicable Law

9.1 All legal relationships between the parties shall be governed by the law of the Federal Republic of Germany, excluding the laws on the international purchase of movable goods (CISG). For consumers, this choice of law only applies to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.

9.2 Furthermore, this choice of law with regard to the statutory right of cancellation does not apply to consumers who do not belong to a Member State of the European Union at the time of conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of conclusion of the contract.

10) Alternative Dispute Resolution

The Seller is not obliged to participate in a dispute resolution procedure before a consumer arbitration board, but is willing to do so.

Status: July 30, 2026