General terms and conditions Online Shop - B2B
The company KARACA Porzellan Deutschland GmbH c/o Levent Sakar StB., Vogelsanger Weg 80, 40470 Düsseldorf, represented by Managing Director Mr. Osman Altan, registered in the Düsseldorf Commercial Register under HRB 82807, operates the Online Shop www.karaca.com.de
All orders for goods and the purchase of services from this online shop are based on the following general terms and conditions consisting of §§ 1 to 15.
1) Definitions and scope
The following terms and conditions are based on the following terms and conditions and their binding interpretation:
When a masculine term is used in general terms and conditions, both the feminine and masculine forms are meant, so gender-specific means both the feminine and masculine forms.
The buyer is the customer who orders goods or services in the online store.
Onlineshop is an ordering platform on the website www.karaca.com.de
The seller is the operator of the online store, the company KARACA Porzellan Deutschland GmbH c/o Levent Sakar StB., Vogelsanger Weg 80, 40470 Düsseldorf.
The consumer must be understood within the meaning of Section 13 of the Civil Code.
German Civil Code, the currently valid version.
The delivery address is the address in the Federal Republic of Germany where the customer orders delivery of the ordered goods during the ordering process.
Delivery date is the calendar day on which the order must be delivered to the customer by the carrier in the normal course of business.
Working days are the weekdays from Monday to Saturday, unless they are public holidays according to these general terms and conditions.
These General Terms and Conditions apply to all business relations between the buyer and the seller, KARACA Porzellan Deutschland GmbH c/o Levent Sakar StB., Vogelsanger Weg 80, D-40470 Düsseldorf, represented by Representative Director Mr. Osman Altan.
2) Conclusion of the contract
The offers are aimed exclusively at consumers and end customers with a delivery address in Germany. For individual bulky goods, the possible delivery addresses and the place of delivery may be limited; the restriction is shown on the product detail page. The buyer must be of legal age and fully capable of acting in accordance with the provisions of the German Civil Code, i.e. have reached the age of 18 years. The conclusion of the contract and all legally binding declarations are held exclusively in the German language.
The buyer makes a binding offer when he goes through the online ordering process by filling in the requested data and clicks on the button "order with payment obligation" in the last ordering step. The purchase agreement between the seller and the buyer is only concluded by an express declaration of acceptance by the seller. This takes place in any case before the first of the following events, either the dispatch of the goods, the sending of an express declaration of acceptance by the seller or the sending of a dispatch confirmation by e-mail. The parties to the order, the buyer and the seller expressly declare that the confirmation of receipt of an order does not constitute a contractual acceptance of the conclusion of a purchase agreement in the above-mentioned sense.
The effectiveness of contracts for quantities larger than households and the commercial resale of the purchased object requires the express confirmation of the seller.
The orders are stored by the seller or its parent company Karaca ZÜCCACiYE TİCARET VE SANAYi AS, Cumhuriyet Mahallesi Yeni Yol 1 Sk. Now Bomonti Apt. No: 2/12 Address code: 3371525803
Şişli/İstanbul, in accordance with the provisions of the German Data Protection Act and the provisions of the DSGVO after the conclusion of the contract.
3) Prices and shipping costs
All prices include applicable VAT (currently 19% and/or 20%) and exclude shipping and handling charges plus any applicable bulk shipping charges. Shipping charges may vary depending on the type of delivery and the nature of the item (e.g. forwarding items) and are expressly stated during the ordering process. The prices valid at the time of the order apply.
4) Delivery date
Delivery will take place within the working days stated on the article page (Monday to Saturday, general federal holidays and public holidays of the state of North Rhine-Westphalia are excluded according to the holiday ordinance) after issue of the payment order to the referring bank (for advance payment) or after conclusion of a contract (when using online payment methods, payment by credit card, vouchers issued by the seller, payment via SEPA direct debit or purchase by invoice). When ordering multiple goods, the last delivery time specification of the products in the shopping cart is decisive for the calculation. For goods whose delivery has a separate date, the delivery period begins on this date.
5) Payment
In the event of payment via online payment method (e.g. credit card payment, PayPal, etc.) or by voucher, the customer expressly authorizes the seller to collect the amounts due at the time of the order.
In case of cash advance payment, the buyer must have received the full invoice amount in the seller's account within five working days (Monday to Saturday), stating the intended use. The seller will keep the purchased object for a period of five working days.
When paying by SEPA direct debit, the buyer gives the seller a SEPA basic mandate. The pre-announcement of the exact time of the account debit (Pre-Notification) is made two days before the collection. The announcement is sent together with the invoice after delivery of the goods.
When paying on account, the customer undertakes to pay the invoice amount in full within 14 days after dispatch of the goods, without any deduction of discount.
When shipping the goods, the invoice will be sent by e-mail or, if no e-mail address is provided, by post to the billing address provided by the customer.
If the customer defaults on a payment or if there is a debit note, the seller reserves the right to claim damages resulting from delay (e.g. processing costs, collection costs, reminder costs, default interest, chargeback costs).
Offsetting against payment claims of the seller is only permitted with legally established or undisputed claims.
6) Retention of title
The purchased item delivered to the customer remains the property of the seller until full payment has been made for all purchased items delivered to the customer.
7) Rights regarding defects
In the event of defects in the delivered purchase object, the buyer is entitled to the statutory rights within the framework of the statutory warranty / liability for defects, regardless of any guarantee. The limitation period for statutory warranty claims is two years and begins on the date of delivery, i.e. Receipt of the item by the buyer. The statutory warranty claims of the buyer are not limited by a guarantee. However, the special provisions of § 8 apply to claims for damages by the customer.
8) Limitation of liability
Claims for damages by the buyer are excluded. This also does not apply to claims for damages by the customer arising from injury to life, body or health or from breach of essential contractual obligations (cardinal obligations), as well as liability for other damages based on an intentional or grossly negligent breach of duty by the seller, his legal representatives or vicarious agents. Significant contractual obligations are obligations, the fulfilment of which is necessary to achieve the purpose of the contract. In the event of a breach of essential contractual obligations, the seller shall only be liable for contractually typical, foreseeable damage, if this was simply caused by negligence, unless it concerns claims for damages by the buyer resulting from injury to life, body or health.
The above restrictions also apply in favor of the seller's legal representatives and vicarious agents if claims are asserted directly against them.
The provisions of the Product Liability Act remain unaffected.
9) Right of withdrawal / Right of withdrawal
Statutory cancellation rights
The buyer has the legal right to revoke the purchase agreement within 14 days without giving reasons. The revocation period is 14 days from the day on which the buyer or a third party designated by the buyer, who is not the carrier, has taken possession of the goods.
To exercise the right of withdrawal
In order to exercise the right of withdrawal, the buyer must inform the seller KARACA Porzellan Deutschland GmbH c/o Levent Sakar StB., Vogelsanger Weg 80, 40470 Düsseldorf, telephone "+49 800 197 80 00, fax "+49 800 197 80 00, e-mail: info@karaca.com.de of the decision to withdraw from this purchase agreement by a clear statement (e.g. by letter, fax or e-mail). This requires active action by the buyer within the specified period. The buyer can use the attached model withdrawal form for this purpose, which is however expressly not required, and also by a declaration to the contrary, from which the buyer's clear intention to withdraw from the purchase agreement results.
To meet the cancellation period, it is sufficient for the buyer to send the notification of the exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If the buyer revokes the purchase agreement, the seller must immediately repay all payments received by the seller from the buyer or on his behalf, including delivery costs (with the exception of additional costs resulting from the fact that the buyer has chosen a different type of delivery than the cheapest standard delivery offered by us). For this repayment, the seller uses the means of payment used for the original transaction; in no case will fees be charged for this repayment.
The seller may withhold reimbursement until he has received the goods back or until the buyer has supplied adequate evidence of having sent back the goods, whichever is the earliest.
The buyer must return the goods to the seller immediately and in any event no later than 45 days from the date on which the buyer informs the seller of the withdrawal from this contract. The deadline is respected if the customer sends the goods before the expiry of the 45-day period. The seller bears the costs of returning the goods if the return is made by means of the postage note provided.
The buyer is only required to pay for any loss in value of the goods if this loss in value is due to handling that is not necessary for examining the condition, characteristics and functionality of the goods, e.g. the scope of a goods inspection.
10) Exclusion of the right of withdrawal / premature termination of the right of withdrawal
According to the statutory regulations, a right of withdrawal does not exist for contracts
• ...................... to supply goods which are not prefabricated and for the manufacture of which an individual choice or provision by the consumer is decisive or which are clearly tailored to the personal wishes of the consumer;
• .................... for the supply of goods which can spoil quickly or whose expiry date would be quickly exceeded
The right of withdrawal expires prematurely in contracts
•.................. for the supply of sealed goods which are not suitable for return for health protection or hygiene reasons if the seal has been removed after delivery;
•................ for the supply of goods if, by their nature, they are inseparably mixed with other goods after delivery;
11) Jurisdiction / Applicable law
Disputes and disputes arising from this contract shall be governed exclusively by the law of the Federal Republic of Germany, excluding the UN Sales Convention.
The sole place of jurisdiction for orders from merchants, legal entities or special funds under public law is the competent court in Düsseldorf.
12) Consumer information on the disposal of WEEE, batteries and accumulators
Old electrical appliances must be separated from residual waste and old batteries and accumulators that are not permanently placed with the old appliance must be separated before delivery.
Batteries and accumulators may not be disposed of with household waste. The customer is legally obliged to return used batteries and accumulators. The buyer can return the batteries after use either to the seller or to points in their immediate vicinity (e.g. in shops or at municipal collection points) free of charge and dispose of them properly.
Batteries are labeled with a crossed-out garbage can,
as well as the chemical symbol of the pollutant, namely "Cd" for cadmium, "Hg" for mercury and "Pb" for lead. The attached symbol for labelling of electrical and electronic equipment indicates the separate collection of electrical and electronic equipment.
The buyer can return used electrical appliances free of charge to one of the municipal collection points (so-called recycling depots) in the vicinity. In addition to delivery to these collection points, the buyer can also return the old electrical appliances by post. In order to receive a shipping label, the buyer must first submit a request to info@karaca.com.de . Data of the device and to correctly remove and dispose of old batteries or accumulators.
13) Information on online dispute resolution and participation in a mediation procedure
Since 15 February 2016, the European Commission has offered a platform for amicable settlement. This gives consumers the opportunity to settle disputes relating to their online orders without the intervention of a court. The dispute settlement platform can be reached via the link http://ec.europa.eu/consumers/odr/.
The seller always strives to settle any disputes arising from a contract with the customer by mutual agreement.
The seller is not obligated to participate in an arbitration procedure and does not offer to participate in such a procedure.
14) Validity
These terms and conditions replace all previous terms and conditions and are immediately effective.
