This is a courtesy translation. Only the German version is legally binding.

General Terms and Conditions (AGB)
Contracting party

These General Terms and Conditions (T&C) form the basis of the contract between the customer and
Tutus Media GmbH
Represented by Adem Aydin

Address:

Bürgermeister-Mahr-Str. 2
63179 Obertshausen
info@tutusmedia.com

Commercial register: Local court (Amtsgericht) Offenbach
Commercial register number:
VAT identification number: DE298174356,
hereinafter referred to as the Provider.

SUBJECT OF THE CONTRACT

This contract governs the sale of new goods in the areas of food, cosmetics and electronics via the Provider's online shop. For details of the respective offer, please refer to the product description on the offer page.

CONCLUSION OF CONTRACT

The contract is concluded exclusively by electronic means via the shop system. The offers displayed are, on the basis of these T&C, a non-binding invitation to submit an offer through the customer's order, which the Provider may then accept. The ordering process leading to the conclusion of the contract comprises the following steps in the shop system:
Selection of the offer in the desired specification (size, colour, quantity)
Adding the offer to the cart
Clicking the 'order' button
Entering the billing and delivery address
Selecting the payment method
Reviewing and editing the order and all entries
Clicking the 'order with obligation to pay' button
Confirmation email stating that the order has been received. The contract is concluded when the order confirmation is sent.

CONTRACT TERM

Subject to termination, the contract has a term of 2 weeks. The total price is calculated from the following components: price + VAT + shipping costs.

RESERVATIONS

Under these T&C, the Provider reserves the right to provide a service of equivalent quality and price. The service shown in the shop is an example and is not the individual service that is the subject of the contract. The Provider reserves the right not to provide the promised service if it is unavailable.

PRICES, SHIPPING COSTS, RETURN COSTS

Under these T&C, all prices are final prices and include the statutory value added tax. In addition to the final prices, further costs apply depending on the shipping method, which are displayed before the order is sent. If a right of withdrawal exists and is exercised, the customer bears the cost of returning the goods.

PAYMENT TERMS

The customer has only the following payment options: advance bank transfer, invoice on delivery, direct debit, payment service provider (PayPal), credit card. No other payment methods are offered and they will be rejected.

The invoice amount is to be transferred in advance to the account stated there after receipt of the invoice, which contains all details for the transfer and is sent by email. The invoice amount is to be transferred in advance to the account stated there after receipt of the invoice, which contains all details for the transfer and is sent with the delivery.

The invoice amount is collected by the Provider by direct debit from the customer's stated account on the basis of the direct debit mandate given by the customer.

When an escrow service / payment service provider is used, it enables the Provider and the customer to settle the payment between themselves. The escrow service / payment service provider forwards the customer's payment to the Provider. You can find further information on the website of the respective escrow service / payment service provider.

When paying by credit card, the customer must be the cardholder. The credit card is charged after the goods have been shipped. The customer is obliged to pay or transfer the amount shown on the invoice to the account stated on the invoice within 14 days of receiving the invoice.

Payment is due without deduction from the invoice date. After expiry of the payment period, which is thus determined by the calendar, the customer is in default even without a reminder. A right of retention of the customer that is not based on the same contractual relationship is excluded. Set-off against claims of the customer is excluded unless these are undisputed or have been finally established by a court.

DELIVERY TERMS

The goods are shipped immediately after receipt of the order. Shipping takes place on average within 2 days at the latest. The seller undertakes to deliver on the 7th day after receipt of the order. The standard delivery time is 4 days unless otherwise stated in the item description. The Provider ships the order from its own warehouse as soon as the entire order is in stock there.

If the Provider is not responsible for a permanent obstacle to delivery, in particular force majeure or non-delivery by its own supplier although a corresponding covering transaction was concluded in good time, the Provider has the right to withdraw from the contract with the customer to that extent. In accordance with these T&C, the customer will be informed immediately and any services received, in particular payments, will be refunded.

WARRANTY

Consumers are entitled to statutory warranty rights for defects for the services offered in accordance with the relevant provisions of the German Civil Code (BGB). Where there is a deviation from this, the warranty is governed by the provisions drawn up for this purpose in the General Terms and Conditions. If the customer is a consumer, the warranty period for used goods is limited to one year.

This does not apply to claims for damages by the customer for injury to life, body or health or for breach of essential contractual obligations which must necessarily be fulfilled in order to achieve the purpose of the contract. Likewise, this does not apply to claims for damages arising from grossly negligent or intentional breach of duty by the Provider or its legal representatives or vicarious agents. Otherwise, the statutory provisions apply.

CONTRACT DESIGN

Under these T&C, the customer has no way of directly accessing the stored contract text. The customer can correct input errors during the ordering process. To do so, the customer can proceed as follows: in writing by email.

Right of withdrawal and customer service
Withdrawal instructions
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day
In the case of a purchase contract: on which you or a third party named by you, who is not the carrier, took possession of the last of the goods.
In the case of a contract for several goods that the consumer ordered in a single order and that are delivered separately: on which you or a third party named by you, who is not the carrier, took possession of the last of the goods.
In the case of a contract for the delivery of goods in several partial shipments or pieces: on which you or a third party named by you, who is not the carrier, took possession of the last partial shipment or the last piece.

In the case of a contract for the regular delivery of goods over a fixed period: on which you or a third party named by you, who is not the carrier, took possession of the first goods.

Where several alternatives apply, the latest date is decisive.
To exercise your right of withdrawal, you must inform us (Tutus Media GmbH, Adem Aydin, Bürgermeister-Mahr-Str. 2 63179 Obertshausen info@tutusmedia.com) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or email). You may use the enclosed model withdrawal form for this purpose, but it is not mandatory.
To meet the withdrawal deadline, it is sufficient that you send the notification of your exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of withdrawal
If you withdraw from this contract, we shall reimburse all payments we have received from you, including delivery costs (with the exception of the additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery we offer), without undue delay and at the latest within fourteen days from the day on which we received notification of your withdrawal from this contract.

For this refund we use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this refund. We may refuse the refund until we have received the goods back or until you have provided proof that you have sent the goods back, whichever is earlier.

You must return or hand over the goods to Tutus Media GmbH, Adem Aydin, Bürgermeister-Mahr-Str. 2 63179 Obertshausen info@tutusmedia.com without undue delay and in any case no later than fourteen days from the day on which you inform us of the withdrawal from this contract. The deadline is met if you send back the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.

You are only liable for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for examining their condition, properties and functioning.
End of withdrawal instructions

EXCLUSION OF LIABILITY

Under these T&C, the customer's claims for damages are excluded unless otherwise stated in the following. This also applies to the representatives and vicarious agents of the Provider if the customer asserts claims for damages against them.

Excepted are claims for damages by the customer for injury to life, body or health or for breach of essential contractual obligations which must necessarily be fulfilled in order to achieve the purpose of the contract.

Likewise, this does not apply to claims for damages arising from grossly negligent or intentional breach of duty by the Provider or its legal representatives or vicarious agents.

PROHIBITION OF ASSIGNMENT AND PLEDGING

Claims or rights of the customer against the Provider may not be assigned or pledged without the Provider's consent, unless the customer has demonstrated a legitimate interest in the assignment or pledging.

LANGUAGE, PLACE OF JURISDICTION AND APPLICABLE LAW

In accordance with these T&C, the contract is drawn up in German. The further performance of the contractual relationship takes place in German. Only the law of the Federal Republic of Germany applies.

For consumers, this applies only insofar as it does not restrict the statutory provisions of the state in which the customer has their place of residence or habitual abode. The place of jurisdiction for disputes with customers who are not consumers, legal entities under public law or special funds under public law is the Provider's registered office.

DATA PROTECTION

In connection with the initiation, conclusion, processing and reversal of a purchase contract on the basis of these T&C, the Provider collects, stores and processes data. This is done within the framework of the statutory provisions. Under these T&C, the Provider does not pass on the customer's personal data to third parties unless it is legally obliged to do so or the customer has given express prior consent.

If a third party is used for services in connection with the handling of processing operations, the provisions of the Federal Data Protection Act are complied with. In accordance with these T&C, the data provided by the customer when ordering is processed exclusively for contacting the customer within the framework of the contract processing and only for the purpose for which the customer provided the data.

The data is passed on only as far as necessary to the shipping company that delivers the goods as ordered. Payment data is passed on to the credit institution commissioned with the payment. Insofar as the Provider is subject to retention periods under commercial or tax law, some data may be stored for up to ten years.

While visiting the Provider's online shop, anonymised data that does not allow conclusions to be drawn about personal data and is not intended to do so, in particular IP address, date, time, browser type, operating system and pages visited, is logged.

At the customer's request, personal data will be deleted, corrected or blocked within the framework of the statutory provisions. Free information about all personal data of the customer is possible. For questions and requests regarding the deletion, correction or blocking of personal data as well as its collection, processing and use, the customer may contact the following address: Tutus Media GmbH,
Adem Aydin
Bürgermeister-Mahr-Str. 2
63179 Obertshausen
info@tutusmedia.com

SEVERABILITY CLAUSE

The invalidity of a provision of these T&C does not affect the validity of the other provisions.