Terms of service

Table of Contents

1. Scope
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. Redemption of Promotional Vouchers
9. Redemption of Gift Vouchers
10. Applicable Law
11. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of Semra Kayan, trading under "Semode" (hereinafter "Seller"), apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller concerning the goods displayed by the Seller in its 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 regulated in this respect.

1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activity.

1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a legally capable partnership who acts in the exercise of their commercial or self-employed 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 by 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 completes 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 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 the Customer has placed the order.
• By sending a shipping confirmation.

If several of the aforementioned alternatives occur, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The acceptance period begins the day after the Customer sends the offer and ends at the end 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 is considered 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, the 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"), under 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 – under the conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a payment method offered by PayPal selectable during the online ordering process, the Seller hereby declares acceptance of the Customer's offer at the time the Customer clicks the button that completes the ordering process.

2.5 If the payment method "Amazon Payments" is selected, payment processing is carried out via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), under the Amazon Payments Europe terms of use, available at https://payments.amazon.de/help/201751590. If the Customer selects "Amazon Payments" as the payment method during the online ordering process, by clicking the button that completes the ordering process, they simultaneously issue a payment order to Amazon. In this case, the Seller hereby declares acceptance of the Customer's offer at the time the Customer triggers the payment process by clicking the button that completes the ordering process.

2.6 When submitting an offer via the Seller's online order form, the contract text is stored by the Seller after the conclusion of the contract and sent to the Customer in text form (e.g., e-mail, fax, or letter) after the Customer has sent their order. The Seller does not provide access to the contract text beyond this. If the Customer has created a user account in the Seller's online shop before sending their order, the order data will be archived on the Seller's website and can be accessed by the Customer free of charge via their password-protected user account using the corresponding login data.

2.7 Before submitting the order bindingly via the Seller's online order form, the Customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means to better detect input errors can be the browser's zoom function, which enlarges the display on the screen. The Customer can correct their entries during the electronic ordering process as long as they have not clicked the button that completes the ordering process, using the usual keyboard and mouse functions.

2.8 The contract conclusion is available in German and English.

2.9 Order processing and contact usually take place by e-mail and automated order processing. The Customer must ensure that the e-mail address provided for order processing is correct so that e-mails sent by the Seller can be received at this address. In particular, the Customer must ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller for order processing can be delivered when using spam filters.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

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

3.3 The right of withdrawal does not apply to consumers who, at the time of contract conclusion, do not belong to a member state of the European Union and whose sole residence and delivery address at the time of contract conclusion are outside the European Union.

3.4 The goods must arrive within 14 days after registering the return with us.

3.5  If the Customer is informed after checking the return that the return cannot be accepted – in particular, if the goods are not in their original condition, show signs of use or damage, or the return was inadmissible, late, or contrary to the return conditions – the Seller is entitled to store the goods for an individually determined period of up to 14 calendar days. The specific period will be communicated to the Customer in writing on a case-by-case basis.

The Customer has the opportunity within the specified period to reclaim the goods at their own expense. The Customer bears both the costs for reshipping and the costs incurred by the Seller for the unjustifiably used return label. Return shipping costs depend on the respective shipping destination and will be communicated to the Customer in advance.

In these cases, there is no entitlement to a refund of the purchase price. The Customer only has the option to reclaim the goods.

If there is no response or no assumption of costs by the Customer within the period, the goods will be properly disposed of. A claim for reclamation by the Customer is excluded after the deadline.

This regulation applies exclusively to non-accepted returns and inadmissible returns and does not affect the statutory right of withdrawal or legitimate warranty claims.

 

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller's product description, the prices indicated are total prices including statutory VAT. Any additional delivery and shipping costs will be stated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which the Seller is not responsible for and which must be borne by the Customer. These include, for example, costs for money transfers by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also arise in connection with 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 method(s) will be communicated to the Customer in the Seller's online shop.

4.4 If prepayment by bank transfer is agreed, payment is due immediately after 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 "PayPal" is selected, payment processing is carried out via PayPal, which may also use third-party payment service providers. If the Seller also offers payment methods via PayPal where the Seller advances payment to the Customer (e.g., invoice purchase or installment payment), the Seller assigns its payment claim to PayPal or the payment service provider commissioned by PayPal and specifically named to the Customer. Before accepting the Seller's assignment declaration, 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 selected payment method to the Customer in case 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 intervals. In this case, the Customer can only make payments to PayPal or the payment service provider commissioned by PayPal with discharging effect. However, the Seller remains responsible for general customer inquiries, e.g., about goods, delivery time, shipping, returns, complaints, withdrawal declarations and submissions, or credit notes, even in the case of assignment of claims.

4.6 If the payment method "SOFORT" is selected, payment processing is carried out via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). To pay the invoice amount via "SOFORT," the Customer must have an online banking account enabled for participation in "SOFORT," identify themselves accordingly during the payment process, and confirm the payment instruction to "SOFORT." The payment transaction is then carried out immediately by "SOFORT," and the Customer's bank account is debited. Further information about the payment method "SOFORT" can be found on the internet at https://www.klarna.com/sofort/.

4.7 If a payment method offered via the payment service "Shopify Payments" is selected, payment processing is carried out via 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. For payment processing, Stripe may use other payment services, which may be subject to special payment conditions, which the Customer may be separately informed about. Further information about "Shopify Payments" is available on the internet at https://www.shopify.com/legal/terms-payments-de.

4.8 If a payment method offered via the payment service "mollie" is selected, payment processing is carried out via the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, Netherlands (hereinafter: "mollie"). The individual payment methods offered via mollie will be communicated to the Customer in the Seller's online shop. For payment processing, mollie may use other payment services, which may be subject to special payment conditions, which the Customer may be separately informed about. Further information about "mollie" is available on the internet at https://www.mollie.com/de/.

4.9 If a payment method offered via the payment service "Stripe" is selected, payment processing is carried out via 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 Stripe will be communicated to the Customer in the Seller's online shop. For payment processing, Stripe may use other payment services, which may be subject to special payment conditions, which the Customer may be separately informed about. Further information about Stripe is available on the internet at https://stripe.com/de.

4.10 If the payment method credit card via Stripe is selected, the invoice amount is due immediately upon conclusion of the contract. Payment processing is carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). Stripe reserves the right to conduct a credit check and to reject this payment method in case of a negative credit check.

  

4.11 Limitation of order quantity and processing fees for cancellations. To ensure product availability and protect our limited collections, the order quantity per order is limited to one Evening dress and one Wedding dress. Multiple orders by the same Customer through several separate order processes to circumvent this rule are not permitted. The Seller reserves the right to combine, adjust, or wholly or partially cancel such orders.

If a cancellation is requested by the Customer after the payment process is completed but before the goods are shipped, or if orders are reversed because the order limit was circumvented, the Seller reserves the right to deduct non-refundable payment fees (e.g., through Shopify Payments, Stripe, etc.) of up to 3.2% + €0.30 of the order value from the refund amount. This regulation does not apply in the case of a legally permissible withdrawal.

5) Delivery and Shipping Conditions

5.1 If the Seller offers shipping of the goods, delivery will be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. For processing the transaction, the delivery address specified in the Seller's order processing is decisive. Deviating from this, if PayPal is selected as the payment method, the delivery address stored by the Customer at PayPal at the time of payment is decisive.

5.2 If delivery of the goods fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller. This does not apply to the costs of sending if the Customer effectively exercises their right of withdrawal. For return shipping costs, the regulation in the Seller's withdrawal policy applies in the event of effective exercise of the right of withdrawal by the Customer.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has handed over the item to the carrier, freight forwarder, or 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 generally only passes to the Customer upon delivery of the goods to the Customer or an authorized recipient. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer in the case of consumers as soon as the Seller has handed over the item to the carrier, freight forwarder, or other person or institution designated to carry out the shipment if the Customer has commissioned the carrier, freight forwarder, or other person or institution designated to carry out the shipment and the Seller has not previously named this 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 only applies if the non-delivery is not the Seller's fault and the Seller has concluded a concrete covering transaction with the supplier with due diligence. 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 consideration will be refunded immediately.

5.5 If the Seller offers the goods for pickup, the Customer can collect the ordered goods within the business hours specified by the Seller at the address specified by the Seller. In this case, no shipping costs will be charged.

5.6 Vouchers will be provided to the Customer as follows:

- by e-mail

6) Retention of Title

If the Seller advances payment, the Seller retains ownership of the delivered goods until full payment of the purchase price owed.

7) Liability for Defects (Warranty)

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

7.2 If the Customer acts as an entrepreneur,

• the Seller has the choice of the type of subsequent performance;
• the limitation period for defects is one year from delivery of the goods for new goods;
• rights and claims for defects are excluded for used goods;
• the limitation period does not start anew if a replacement delivery is made within the scope of liability for defects.

7.3 If the Customer acts as a consumer, the limitation period for claims for defects is one year from delivery of the goods for contracts for the delivery of used goods, with the restriction of the following clause, if this has been expressly and separately agreed between the parties and the Customer was specifically informed about the shortening of the limitation period before submitting their contractual declaration.

7.4 The above liability limitations and shortening of periods do 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 in accordance with their usual manner of use for a building and have caused its defectiveness,
• to any existing obligation of the Seller to provide updates for digital products in contracts for the delivery of goods with digital elements.

7.5 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claims remain unaffected.

7.6 If the Customer is a merchant within the meaning of § 1 HGB, the commercial duty to examine and give notice of defects pursuant to § 377 HGB applies. If the Customer fails to comply with the notification obligations set out there, the goods are deemed approved.

7.7 If the Customer is a consumer, they are requested to complain about delivered goods with obvious transport damage to the carrier and inform the Seller. Failure to do so has no effect on their statutory or contractual warranty claims.

8) Redemption of Promotional Vouchers

8.1 Vouchers issued free of charge by the Seller as part of promotional campaigns with a specific validity period and which cannot be purchased by the Customer (hereinafter "Promotional Vouchers") can only be redeemed in the Seller's online shop and only during the specified period.

8.2 Individual products may be excluded from the voucher promotion if such a restriction results from the content of the promotional voucher.

8.3 Promotional vouchers can only be redeemed before completing the ordering process. Subsequent crediting is not possible.

8.4 Only one promotional voucher can be redeemed per order.

8.5 The value of goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the Seller.

8.6 If the value of the promotional voucher is insufficient to cover the order, one of the other payment methods offered by the Seller can be chosen to pay the difference.

8.7 The balance of a promotional voucher will neither be paid out in cash nor bear interest.

8.8 The promotional voucher will not be refunded if the Customer returns the goods paid for in whole or in part with the promotional voucher within their statutory right of withdrawal.

8.9 The promotional voucher is transferable. The Seller can 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 knows or is grossly negligent in not knowing about the lack of authorization, legal incapacity, or lack of power of representation of the respective holder.

8.10 For returns where a promotional voucher or discount code was used, certain conditions apply to the refund. The refund amount will be calculated according to the minimum order value set for the voucher code. If the returned items reduce the total order value below the minimum order value of the voucher code, only the discounted goods value will be refunded. Additionally, shipping costs will be deducted from the refund if the purchase value after the return no longer meets the minimum order value for free shipping.

9) Redemption of Gift Vouchers

9.1 Vouchers that can be purchased via the Seller's online shop (hereinafter "Gift Vouchers") can only be redeemed in the Seller's online shop unless otherwise stated on the voucher.

9.2 Gift vouchers and remaining balances of gift vouchers can be redeemed until the end of the third year after the year of purchase. Remaining balances will be credited to the Customer until the expiry date.

9.3 Gift vouchers can only be redeemed before completing the ordering process. Subsequent crediting is not possible.

9.4 Only one gift voucher can be redeemed per order.

9.5 Gift vouchers can only be used to purchase goods and not to purchase additional gift vouchers.

9.6 If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the Seller can be chosen to pay the difference.

9.7 The balance of a gift voucher will neither be paid out in cash nor bear interest.

9.8 The gift voucher is transferable. The Seller can 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 knows or is grossly negligent in not knowing about the lack of authorization, legal incapacity, or lack of power of representation of the respective holder.

 

Gifts ("Free Gifts")

For marketing campaigns, we offer free additions (gifts or "Free Gifts") that are tied to the purchase of certain products or the total purchase price of an order. If you received the Free Gift with your purchase and revoke the purchase contract or return the purchased goods, it is required according to our withdrawal policy to also return the Free Gift or reimburse the value of the Free Gift.

Important note on Sale products:

Please note that no returns are accepted for all products purchased in the Sale. We ask for your understanding that reduced goods are excluded from exchange. We recommend carefully checking the product description and size information before purchase to ensure the product meets your expectations.

10) Applicable Law

10.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.

10.2 Furthermore, this choice of law does not apply with regard to the statutory right of withdrawal for consumers who, at the time of contract conclusion, do not belong to a member state of the European Union and whose sole residence and delivery address at the time of contract conclusion are outside the European Union.

11) Alternative Dispute Resolution

11.1 The EU Commission provides a platform for online dispute resolution at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.

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