Terms of service
Table of Contents
- Scope of Application
- Conclusion of Contract
- Right of Cancellation
- Prices and Terms of Payment
- Delivery and Shipping Conditions
- Retention of Title
- Liability for Defects (Warranty)
- Liability
- Applicable Law
- Alternative Dispute Resolution
1) Scope of Application
1.1
These General Terms and Conditions (hereinafter referred to as “GTC”) of Ali Asghar Rezaie, trading as “Trying Counts” (hereinafter referred to as the “Seller”), apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter referred to as the “Customer”) with the Seller in respect of the goods displayed by the Seller in its online shop. The inclusion of the Customer’s own terms and 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 predominantly cannot be attributed to their commercial or self-employed 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 self-employed professional activity.
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 for the submission of a binding offer by the Customer.
2.2
The Customer may 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 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 (fax or email), whereby receipt of the order confirmation by the Customer is decisive; or
- by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive; or
- by requesting payment from the Customer after the Customer has placed the order.
If several of the aforementioned alternatives exist, the contract is concluded at the time when 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 upon expiry 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 consequence 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 through 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 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 pays using a payment method offered by PayPal that can be selected during the online ordering process, the Seller hereby declares acceptance of the Customer’s offer at the time the Customer clicks the button completing the ordering process.
2.5
When ordering via the Seller’s online order form, the contract text is stored by the Seller after conclusion of the contract and transmitted to the Customer in text form (e.g. email, fax or letter) after the Customer has sent the order. The Seller does not make the contract text accessible beyond this. If the Customer created a user account in the Seller’s online shop before sending the order, the order data is archived on the Seller’s website and can be accessed free of charge by the Customer via their password-protected user account by entering the corresponding login details.
2.6
Before submitting the order bindingly via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better identifying input errors may be the browser’s zoom function, which can be used to enlarge the display on the screen. The Customer may correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click 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 shop.
2.8
Order processing and contact usually take place by 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 that 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 Cancellation
3.1
Consumers generally have a right of cancellation.
3.2
Further information on the right of cancellation can be found in the Seller’s cancellation policy.
4) Prices and Terms of Payment
4.1
Unless otherwise stated in the Seller’s product description, the prices quoted are total prices. VAT does not apply because the Seller is exempt from VAT as a small business. Any additional delivery and shipping costs are stated separately in the respective product description.
4.2
The available payment method(s) will be communicated to the Customer in the Seller’s online shop.
4.3
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 through Shopify Payments are communicated to the Customer in the Seller’s online shop. Shopify may use further payment service providers for processing payments, for which special payment terms may apply and to which the Customer may be referred separately. Further information on “Shopify Payments” is available at https://www.shopify.com/legal/terms-payments/de.
4.4
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 through Apple Pay are communicated to the Customer in the Seller’s online shop. Apple may use further payment service providers for processing payments, for which special payment terms may apply and to which the Customer may be referred separately. Further information on Apple Pay is available at https://www.apple.com/de/apple-pay/.
4.5
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 through Google Pay are communicated to the Customer in the Seller’s online shop. Google may use further payment service providers for processing payments, for which special payment terms may apply and to which the Customer may be referred separately. Further information on Google Pay is available at https://pay.google.com/intl/de_de/about/.
5) Delivery and Shipping Conditions
5.1
If the Seller offers shipping of the goods, delivery shall take place within the delivery area specified by the Seller to the delivery address indicated by the Customer, unless otherwise agreed. The delivery address stated in the Seller’s order processing shall be decisive for processing 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 does not apply to the costs of the initial delivery if the Customer effectively exercises their right of cancellation. In the event that the Customer effectively exercises their right of cancellation, the provision made in the Seller’s cancellation policy regarding return costs shall apply.
5.3
If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the Customer as soon as the Seller has delivered the item to the forwarding agent, carrier 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 goods sold generally passes to the Customer only upon delivery of the goods to the Customer or a person authorised to receive them. Notwithstanding the above, the risk of accidental loss and accidental deterioration of the goods sold passes to the Customer even in the case of consumers as soon as the Seller has delivered the item to the forwarding agent, carrier or other person or institution designated to carry out the shipment, if the Customer has commissioned the forwarding agent, carrier or other person or institution designated to carry out the shipment and the Seller has not previously named that person or institution to the Customer.
5.4
If the Customer is a consumer domiciled in Germany or an entrepreneur, the Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only if the non-delivery is not attributable to the Seller and the Seller has concluded a specific covering transaction with the supplier with due care. The Seller shall make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer shall be informed without undue delay and the consideration shall be reimbursed without undue delay.
5.5
Collection by the Customer is not possible for logistical reasons.
6) Retention of Title
If the Seller performs in advance, the Seller retains ownership of the delivered goods until the purchase price owed has been paid in full.
7) Liability for Defects (Warranty)
Unless otherwise stated in the following provisions, the statutory provisions governing liability for defects shall apply. By way of derogation, the following shall apply to contracts for the delivery of goods:
7.1
If the Customer acts as an entrepreneur:
- the Seller shall have the choice of the type of subsequent performance;
- in the case of new goods, the limitation period for claims for defects shall be one year from delivery of the goods;
- in the case of used goods, claims for defects shall be excluded;
- the limitation period shall not begin again if a replacement delivery is made within the scope of liability for defects.
7.2
The limitations of liability and reductions of time limits set out above shall not apply:
- to claims by the Customer for damages and reimbursement of expenses;
- if the Seller has fraudulently concealed the defect;
- to goods which, in accordance with their customary use, have been used for a building and have caused its defectiveness;
- to any obligation of the Seller to provide updates for digital products in contracts for the delivery of goods with digital elements.
7.3
In addition, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse shall remain unaffected.
7.4
If the Customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the commercial duty to inspect and give notice of defects pursuant to Section 377 HGB shall apply. If the Customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.
7.5
If the Customer acts as a consumer, they are requested to complain to the delivery agent about delivered goods with obvious transport damage and to inform the Seller thereof. Failure by the Customer to do so shall have no effect whatsoever on the Customer’s statutory or contractual claims for defects.
8) Liability
The Seller shall be liable to the Customer for damages and reimbursement of expenses arising from all contractual, quasi-contractual and statutory claims, including tortious claims, as follows:
8.1
The Seller shall be liable without limitation on any legal grounds:
- in the event of intent or gross negligence;
- in the event of intentional or negligent injury to life, body or health;
- on the basis of a guarantee promise, unless otherwise stipulated in this respect;
- on the basis of mandatory liability, such as under the German Product Liability Act.
8.2
If the Customer is a consumer domiciled in Germany or an entrepreneur, the following limitations of liability shall apply:
If the Seller negligently breaches a material contractual obligation, the Seller’s liability shall be limited to the foreseeable damage typical for this type of contract, unless the Seller is liable without limitation under the preceding clause. 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 makes the proper performance of the contract possible in the first place and on the fulfilment of which the Customer may regularly rely. Otherwise, the Seller’s liability is excluded unless the Seller is liable without limitation under the preceding clause.
8.3
The above provisions on liability shall also apply with regard to the Seller’s liability for its vicarious agents and legal representatives.
9) Applicable Law
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws governing the international sale of movable goods. In the case of consumers, this choice of law shall apply only to the extent that the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence is not withdrawn.
10) Alternative Dispute Resolution
The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
Last updated: 28 July 2026, 05:03:07