General Terms and Conditions Online Shop - B2B
The Company KARACA Porzellan Deutschland GmbH c/o Levent Sakar StB., Vogelsanger Weg 80, 40470 Duesseldorf, represented by managing director Mr. Osman Altan, registered in the commercial register Dusseldorf under HRB 82807, operates the Onlineshop www.karaca.com.de
All orders of goods and the purchase of services from this online shop are based on these following terms and conditions consisting of §§ 1 to 15.
1) Definitions and Scope
The following terms and conditions are based on the following terms and their binding interpretation:
If a male term is used in general terms and conditions, this includes both the female and the male form, meaning that gender-specific means both the female and the male form.
The purchaser is the customer who orders goods or services in the online shop.
Onlineshop is an order platform on the website www.karaca.com.de
Seller is the operator of the online shop, the company KARACA Porzellan Deutschland GmbH c/o Levent Sakar StB., Vogelsanger Weg 80, 40470 Dusseldorf.
The consumer is to be understood in the sense of § 13 Civil Code.
German Civil Code, the currently valid version.
The delivery address is the address located in the Federal Republic of Germany, to which the customer commissions the delivery of the ordered goods during the ordering process.
Delivery date is the calendar day on which the order should be delivered to the customer by the carrier after the normal course of the things.
Working days are the weekdays Monday to Saturday, provided they are not holidays according to these general terms and conditions.
These general Terms and Conditions apply to all business relationships between the purchaser and the seller, KARACA Porzellan Deutschland GmbH c/o Levent Sakar StB., Vogelsanger Weg 80, D-40470 Düsseldorf, represented by representative managing 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 as well as the place of delivery may be limited; the restriction is shown on the product detail page. The purchaser must be of legal age and fully capable of acting in accordance with the provisions of the German Civil Code, thus having reached the age of 18 years. The conclusion of the contract and all legally binding statements are held exclusively in German language.
The purchaser makes a binding offer if he goes through the online ordering process by entering the information which is requested and clicks on the button "order with an obligation to pay" in the last order step. The sale contract between the seller and the buyer comes about only by an explicit declaration of acceptance of the seller. This takes place in each case for the earlier of the following events, either sending the goods, sending an express declaration of acceptance by the seller or sending a shipping confirmation by e-mail. The parties of the order, purchaser and seller expressly state that the confirmation of receipt of an order does not constitute a contractual acceptance of the conclusion of a purchase contract in the aforementioned sense.
The effectiveness of contracts for quantities larger than households and the commercial resale of the object of purchase requires the express confirmation of the seller.
The orders are stored by the seller or its parent company Karaca ZÜCCACiYE TiCARET VE SANAYi A.S.,Cumhuriyet Mahallesi Yeni Yol 1 Sk. Now Bomonti Apt. No: 2/12 Adress 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 the applicable value added tax (currently 19% or/and %20) and are exclusive of shipping and handling fees plus any applicable shipping cost surcharges for bulk goods. The shipping cost surcharges may vary depending on the type of delivery and the nature of the item (eg freight forwarding items) and are expressly specified during the ordering process. The prices which are valid at the time of the order shall apply.
4) Delivery Date
The delivery takes place within the business days specified on the article page (Monday to Saturday, general federal holidays and public holidays of the federal state North Rhine-Westphalia are excluded according to the holiday ordinance) after issuing of the payment order to the referring bank (with advance payment) or after conclusion of contract (with the Use of online payment methods, payment by credit card, vouchers issued by the seller, payment by SEPA direct debit or purchase by invoice). When ordering multiple goods, the latest delivery time specification of the products in the shopping cart is decisive for the calculation. For goods which has a separate date for the delivery start, the delivery period begins with this date.
5) Payment
In the case of payment by online payment method (eg 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.
When paying by cash in advance, the purchaser has to transfer the full invoice amount to the seller's account within five business days (Monday to Saturday) stating the intended use. The seller reserves the object of purchase for a period of five business days.
When paying with SEPA direct debit, the buyer gives the seller a SEPA basic mandate. The advance notice of the exact time of the account debit (Pre-Notification) is made two days before collection. The announcement will be sent after the delivery of the goods with the invoice.
In case of payment on account, the customer undertakes to fully pay the invoice amount within 14 days after dispatch of the goods, without any deduction of discount.
When the goods are shipped, the invoice will be sent by e-mail, if no e-mail address is provided, by post to the billing address specified by the customer.
If the customer defaults on a payment or if there is a return debit note, the seller reserves the right to assert damage caused by delay (eg processing fees, collection fees, dunning fees, default interest, chargeback fees).
The set-off against payment claims of the seller is only permissible with legally established or undisputed claims.
6) Retention of Title
The object of purchase delivered to the customer remains the property of the seller until full payment of all objects of purchase delivered to the customer.
7) Defect-Related Rights
In the case of defects in the delivered object of purchase, the purchaser is entitled to the statutory rights within the scope of the statutory warranty / liability for defects, irrespective of any guarantee. The limitation period for statutory warranty claims is two years and begins on the date of delivery, i. Receipt of the item by the buyer. The legal warranty claims of the buyer are not limited by a guarantee. For damage claims of the customer, however, the special provisions of § 8 apply.
8) Limitation of Liability
Claims of the purchaser for damages are excluded. Also, this does not apply to claims for damages of the customer resulting from injury to life, limb or health or from the 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, its legal representatives or vicarious agents. Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract. In the event of a breach of essential contractual obligations, the seller shall only be liable for the contractually typical, foreseeable damage, if this was simply caused by negligence, unless it concerns damage claims of the purchaser resulting from injury to life, limb or health.
The aforementioned restrictions also apply in favor of the legal representatives and vicarious agents of the seller, if claims are made directly against them.
The provisions of the Product Liability Act remain unaffected.
9) Withdrawal Policy / Right of withdrawal
Statutory cancellation rights
The purchaser has the statutory right to revoke the purchase contract within 14 days without stating reasons. The withdrawal period is 14 days from the day on which the purchaser or a third party designated by the purchaser, 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 purchaser the seller KARACA Porzellan Deutschland GmbH c/o Levent Sakar StB., Vogelsanger Weg 80, 40470 Düsseldorf, Telefon +49 800 197 80 00, Telefax +49 800 197 80 00, E-Mail: info@karaca.com.de must make a clear statement (eg by letter, fax or e-mail) of the decision to withdraw this purchase agreement. This requires an active action of the purchaser within the specified period. To do this, the purchaser can use the attached model withdrawal form, which however is expressly not required and also by a contrary explanation, from which the clear intention of the purchaser arises to revoke the purchase contract.
In order to safeguard the withdrawal period, it is sufficient for the purchaser to send the notification of the exercise of the right of withdrawal before the expiry of the revocation period.
Consequences of withdrawal
If the purchaser cancels the purchase contract, the seller has all payments, which the seller received by the orderer or at his behest, including the delivery costs (with the exception of the additional costs, which result from the fact that the orderer a different kind of delivery than has chosen the cheapest standard delivery offered by us) to repay immediately. For this repayment, the seller uses the means of payment used in the original transaction; in no case will charges be charged for this repayment.
The seller may refuse to repay it until it has received the goods back or until the buyer has provided suitable proof that the buyer has returned the goods, whichever is the earlier.
The purchaser must return the goods to the seller immediately and in any event no later than 45 days from the date on which the purchaser informs the seller of the revocation of this contract. The deadline is respected if the customer sends the goods before the expiry of the period of 45 days. The seller bears the cost of returning the goods if the return is made by means of the provided franking note.
The purchaser only has to pay for a possible loss in value of the goods, if this loss of value is due to a handling of them that is not necessary for the examination of the condition, characteristics and functionality of the goods, eg their use outside the scope of a goods inspection.
10) Exclusion of the right of withdrawal / early termination of the right of withdrawal
A right of withdrawal does not exist according to the legal regulations with contracts
• ...................... to supply goods which are not prefabricated and for the manufacture of which an individual selection or provision by the consumer is authoritative or which are clearly tailored to the personal needs of the consumer;
• .................... for the delivery of goods that can spoil quickly or whose expiration date would quickly be exceed
The right of withdrawal expires early in contracts
•.................. for the delivery of sealed goods that are not suitable for return for reasons of health or hygiene if their seal has been removed after delivery;
•................for the delivery of goods, if, due to their nature, they were inseparably mixed with other goods after delivery;
11) Jurisdiction / Applicable Law
Disagreement and conflicts 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 of 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 batteries
Old electrical appliances are to be separated from the remaining waste and old batteries and accumulators that are not permanently installed with the old appliance must be separated before delivery.
Batteries and accumulators must not be disposed of with household waste The customer is legally obliged to return used batteries and rechargeable batteries. The purchaser can return the batteries after use either to the seller or at points in their immediate vicinity (eg in the trade or in municipal collection points) free of charge and dispose of them properly.
Batteries are labeled with a crossed-out garbage bin,
as well as the chemical symbol of the pollutant, namely "Cd" for cadmium, "Hg" for mercury and "Pb" for lead. The attached symbol for the labeling of electrical and electronic equipment stands for the separate collection of electrical and electronic equipment.
The purchaser can deliver used electrical appliances free of charge to one of the municipal collection points (so-called recycling depots) in the vicinity. In addition to the delivery at these collection points, the purchaser can also return the old electrical devices by post. In order to receive a shipping label, the purchaser must first make a request via info@karaca.com.de It is the responsibility of the purchaser to package the old device in a transport-safe and stable manner, as well as to delete any stored personal data from the device and to properly remove and dispose of any old batteries or accumulators.
13) Information on online dispute settlement and participation in a conciliation procedure
Since 15 February 2016, the EU Commission has provided a platform for out-of-court settlement. This gives consumers the opportunity to settle disputes in connection with their online order without the intervention of a court. The Dispute Settlement Platform can be reached via link http://ec.europa.eu/consumers/odr/.
The seller always endeavors to settle any disputes arising from a contract with the customer by mutual agreement.
The seller is not obliged to participate in an arbitration procedure and does not offer to participate in such a procedure.
14) Validity
These general terms and conditions supersede all previous terms and conditions and are effective immediately.
