Terms and Conditions

Table of Contents

1. Scope of Application
2. Conclusion of Contract
3. Right of Withdrawal
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 the "GTC") of Omar Ghafur, trading under the name "ONIK Gentlemen" (hereinafter referred to as the "Seller"), shall apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter referred to as the "Customer") and the Seller with regard to the goods presented by the Seller in its online store. 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 GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or independent professional activity.

1.3

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

1.4

If the Customer's delivery and billing address is located in Switzerland or Liechtenstein, the following provisions shall apply with the stipulation that, instead of the Seller, MeinEinkauf AG, Fürstenlandstrasse 35, 9000 St. Gallen, Switzerland (hereinafter referred to as "MeinEinkauf"), shall become the Customer’s contractual partner. In this case, the Seller acts solely as an intermediary between the Customer and MeinEinkauf and does not itself become a party to the purchase agreement. The Customer shall be expressly informed of this in the Seller’s online store. In such cases, MeinEinkauf shall be responsible for the processing of the contract. The Seller shall handle correspondence with the Customer on behalf of MeinEinkauf. This also applies to correspondence relating to any performance issues, in particular with regard to the assertion of warranty claims by the Customer.

2) Conclusion of Contract

2.1

The product descriptions contained in the Seller's online store do not constitute binding offers on the part of the Seller but serve to enable the Customer to submit a binding offer.

2.2

The Customer may submit an offer via the online order form integrated into the Seller's online store. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer with respect to the goods contained in the shopping cart by clicking the button that completes the ordering 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 (e.g. fax or email), whereby receipt of the order confirmation by the Customer shall be decisive; or

• by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer shall be decisive; or

• by requesting payment from the Customer after the Customer has placed the order.

If several of the aforementioned alternatives apply, the contract shall be concluded at the time when the first of these alternatives occurs. The period for accepting the offer begins on the day following the submission of the offer by the Customer and ends upon expiry of the fifth day following the submission 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 their declaration of intent.

2.4

If the Customer selects a payment method offered by PayPal, payment processing shall be 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 referred to as "PayPal"), subject to the PayPal User Agreement, available at:

https://www.paypal.com/de/legalhub/paypal/useragreement-full

or, if the Customer does not have a PayPal account, subject to the terms and conditions for payments without a PayPal account, available at:

https://www.paypal.com/de/legalhub/paypal/privacywax-full

If the Customer chooses a payment method offered by PayPal that is available during the online ordering process, the Seller hereby declares acceptance of the Customer's offer at the moment the Customer clicks the button that completes the ordering process.

2.5

When an order is placed via the Seller's online order form, the contract text shall be stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. email, fax, or letter) after the Customer has submitted the order. The Seller shall not make the contract text available beyond this. If the Customer has created a user account in the Seller's online store before submitting the order, the order data shall be archived on the Seller's website and may be accessed free of charge by the Customer via their password-protected user account using the corresponding login credentials.

2.6

Before submitting a binding order via the Seller's online order form, the Customer may identify possible input errors by carefully reviewing the information displayed on the screen. An effective technical means of detecting input errors may be the browser's zoom function, which enlarges the display on the screen. During the electronic ordering process, the Customer may correct their entries using the usual keyboard and mouse functions until clicking the button that completes the ordering process.

2.7

Different languages are available for the conclusion of the contract. The specific language selection is displayed in the Seller's online store.

2.8

Order processing and communication generally take place via email and automated order processing systems. 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 that 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 for order processing can be delivered.

3) Right of Withdrawal

3.1

Consumers are generally entitled to a right of withdrawal.

3.2

Further information regarding the right of withdrawal can be found in the Seller’s withdrawal policy.

3.3

The right of withdrawal shall not apply to consumers who, at the time of concluding the contract, are not members of a Member State of the European Union and whose sole place of residence and delivery address are located outside the European Union at the time of concluding the contract.

4) Prices and Payment Terms

4.1

Unless otherwise stated in the Seller's product description, the prices indicated are total prices and include the applicable statutory value-added tax (VAT). Any additional delivery and shipping costs that may apply are stated 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 shall be borne by the Customer. These include, for example, fees charged by financial institutions for money transfers (e.g. bank transfer fees or currency exchange fees) or import duties and taxes (e.g. customs duties). Such costs may also arise in connection with the transfer of funds 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 available payment method(s) shall be communicated to the Customer in the Seller’s online store.

4.4

If payment in advance by bank transfer has been agreed upon, payment shall be due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.

4.5

If a payment method offered via the payment service provider PayPal is selected, payment processing shall be carried out through PayPal, whereby PayPal may also use the services of third-party payment providers for this purpose. If the Seller offers payment methods via PayPal under which the Seller extends credit to the Customer (e.g. purchase on account or installment payments), 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 assignment, PayPal or the payment service provider commissioned by PayPal shall carry out a credit check using the Customer data provided. The Seller reserves the right to refuse the selected payment method in the event of a negative credit assessment.

If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or in the agreed installments. In this case, payment may only be made to PayPal or to the payment service provider commissioned by PayPal with discharging effect. However, even in the event of an assignment of claims, the Seller remains responsible for general customer inquiries, such as questions regarding the goods, delivery times, shipping, returns, complaints, withdrawal declarations and returns, or credit notes.

4.6

If the payment method "Sofortüberweisung" (Instant Bank Transfer) is selected, payment processing shall be carried out by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter referred to as "Klarna").

In order to pay the invoice amount via Sofortüberweisung, the Customer must have an online banking account enabled for participation in Sofortüberweisung, authenticate themselves accordingly during the payment process, and confirm the payment instruction. The payment transaction is carried out immediately thereafter by Klarna, and the Customer’s bank account is debited.

Further information regarding the payment method "Sofortüberweisung" can be found online at:

https://www.klarna.com/sofort/

4.7

If a payment method offered via the payment service provider "Shopify Payments" is selected, payment processing shall be carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as "Stripe").

The individual payment methods available through Shopify Payments are communicated to the Customer in the Seller’s online store. Stripe may use additional payment service providers for payment processing, for which separate terms and conditions may apply. The Customer will be informed of such conditions separately where applicable.

Further information regarding Shopify Payments can be found at:

https://www.shopify.com/legal/terms-payments-de

4.8

If a payment method offered via the payment service provider "Apple Pay" is selected, payment processing shall be carried out by Apple Distribution International ("Apple"), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland.

The individual payment methods available through Apple Pay are communicated to the Customer in the Seller’s online store. Apple may use additional payment service providers for payment processing, for which separate terms and conditions may apply. The Customer will be informed of such conditions separately where applicable.

Further information regarding Apple Pay can be found at:

https://www.apple.com/apple-pay/

4.9

If a payment method offered via the payment service provider "Google Pay" is selected, payment processing shall be carried out by Google Ireland Limited, Gordon House, 4 Barrow Street, Dublin, D04 E5W5, Ireland ("Google").

The individual payment methods available through Google Pay are communicated to the Customer in the Seller’s online store. Google may use additional payment service providers for payment processing, for which separate terms and conditions may apply. The Customer will be informed of such conditions separately where applicable.

Further information regarding Google Pay can be found at:

https://pay.google.com/

4.10

If a payment method offered via the payment service provider "Klarna" is selected, payment processing shall be carried out through Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter referred to as "Klarna").

Further information and Klarna’s applicable terms and conditions can be found at:

https://onikgentlemen.de/pages/payment-methods

5) Delivery and Shipping Conditions

5.1

If the Seller offers shipment of the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified during the Seller’s order processing shall be decisive for the execution of the transaction.

5.2

If 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 shall not apply to the costs of the original shipment if the Customer effectively exercises their right of withdrawal. In the event of a valid exercise of the right of withdrawal, the provisions set out in the Seller’s withdrawal policy regarding return shipping costs 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 goods to the forwarding agent, carrier, or any other person or institution 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 pass to the Customer or a person authorized to receive the goods only upon delivery of the goods.

Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration shall also pass to the Customer, even if the Customer is a consumer, as soon as the Seller has delivered the goods to the forwarding agent, carrier, or other person or institution designated to carry out the shipment, provided that the Customer has commissioned such forwarding agent, carrier, or other person or institution to carry out the shipment and the Seller has not previously designated that person or institution to the Customer.

5.4

The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This shall only apply in cases where the Seller is not responsible for the non-delivery and has concluded a specific covering transaction with the supplier with due diligence.

The Seller shall make all reasonable efforts to procure the goods. In the event that the goods are unavailable or only partially available, the Customer shall be informed without undue delay and any consideration already provided shall be reimbursed without undue delay.

5.5

Self-collection is not possible for logistical reasons.

6) Retention of Title

If the Seller performs in advance, the Seller shall retain ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for Defects (Warranty)

Unless otherwise provided in the following provisions, the statutory provisions governing liability for defects shall apply. The following shall apply in deviation thereto for contracts for the delivery of goods:

7.1

If the Customer acts as an entrepreneur:

• the Seller shall have the right to choose the type of subsequent performance (remedy);

• in the case of new goods, the limitation period for defect claims shall be one year from delivery of the goods;

• in the case of used goods, defect claims shall be excluded;

• the limitation period shall not recommence if a replacement delivery is made within the scope of liability for defects.

7.2

The above limitations of liability and reductions of limitation periods shall not apply:

• to claims for damages and reimbursement of expenses by the Customer;

• if the Seller has fraudulently concealed the defect;

• to goods that have been used for a building in accordance with their usual purpose and have caused the defectiveness of the building;

• to any obligation of the Seller to provide updates for digital products in contracts for the delivery of goods with digital elements.

7.3

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

7.4

If the Customer is a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the Customer shall be 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 set out therein, the goods shall be deemed approved.

7.5

If the Customer acts as a consumer, the Customer is requested to report any goods delivered with obvious transport damage to the carrier and to inform the Seller accordingly. Failure to do so shall have no effect whatsoever on the Customer’s statutory or contractual warranty claims.

8) Liability

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

8.1

The Seller shall be liable without limitation on any legal basis:

• 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, unless otherwise stipulated in this regard;

• under mandatory statutory liability, such as liability under the German Product Liability Act (Produkthaftungsgesetz).

8.2

If the Seller negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless unlimited liability applies pursuant to the preceding section.

Material contractual obligations are obligations which the contract imposes on the Seller according to its content in order to achieve the purpose of the contract, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the Customer may regularly rely.

8.3

Any further liability of the Seller shall be excluded.

8.4

The above liability provisions shall also apply with regard to the liability of the Seller’s vicarious agents and legal representatives.

9) Applicable Law

9.1

All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods.

In the case of consumers, this choice of law shall apply only insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence.

9.2

Furthermore, this choice of law shall not apply with regard to the statutory right of withdrawal for consumers who, at the time of concluding the contract, are not members of a Member State of the European Union and whose sole place of residence and delivery address are located outside the European Union at the time of concluding the contract.

10) Alternative Dispute Resolution

The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

© IT-Recht Kanzlei

Version dated: 03 June 2026, 11:49:15