General terms and conditions online shop
The company TUMERHOME Porzellan Deutschland GmbH c / o Levent Sakar StB, Vogelsanger Weg 80, 40470 Düsseldorf, represented by its managing director with sole power of representation, Mr. Osman Altan, entered in the Düsseldorf commercial register under HRB 82807, operates the online shop at www.karaca.com/de
All orders for goods and the purchase of services from this online shop are made exclusively on the basis of these 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 their binding interpretation:
If a masculine term is used in the text of the General Terms and Conditions, both the feminine and the masculine form are to be understood, i.e. both the feminine and the masculine form are meant in a non-gender-specific manner.
The purchaser is the customer who orders goods or services in the online shop.
The online shop is an order platform on the website www.karaca.com/de The
seller is the operator of the online shop, the company TUMERHOME Porzellan Deutschland GmbH c / o Levent Sakar StB, Vogelsanger Weg 80, 40470 Düsseldorf.
Consumer is to be understood in the sense of § 13 of the German Civil Code.
Civil Code of the Federal Republic of Germany, as amended from time to time.
The delivery address is the address in the Federal Republic of Germany to which the customer orders the delivery of the ordered goods during the ordering process.
The delivery date is the calendar day on which the order is to be delivered to the customer by the carrier according to the normal course of events.
Business days are the weekdays Monday to Saturday, unless they are public holidays in the sense of these general terms and conditions.
These general terms and conditions apply to all business relationships between the customer and the seller, TUMERHOME Porzellan Deutschland GmbH c / o Levent Sakar StB., Vogelsanger Weg 80, 40470 Düsseldorf, represented by its managing director, Mr. Osman Altan, who is solely authorized to represent the company.
2) Conclusion of the contract
The offers are aimed exclusively at consumers and end customers with a delivery address in Germany. In the case of individual bulky goods, the possible delivery addresses and the place of delivery may be limited; the limitation is shown on the product detail page. The customer must be of legal age and have full legal capacity according to the provisions of the German Civil Code, i.e. have reached the age of 18. The conclusion of the contract and all legally binding declarations are made exclusively in German.
The customer submits a binding offer when he has gone through the online ordering process by entering the information requested there and in the last ordering step clicks on the "Order with obligation to pay" button. The purchase contract between the seller and the customer only comes into existence through an express declaration of acceptance by the seller. This takes place at the earlier of the following events, either the dispatch of the goods, the dispatch of an express declaration of acceptance by the seller or the dispatch of a dispatch confirmation by email. The parties to the order, purchaser and seller, expressly make it clear that the confirmation of receipt of an order does not constitute a contractual declaration of acceptance for the conclusion of a purchase contract in the aforementioned sense.
The validity of contracts for larger than normal household quantities as well as the commercial resale of the object of purchase requires the express confirmation on the part of the seller.
The orders are placed by the seller or its parent company Karaca ZÜCCACiYE TiCARET VE SANAYi AS, Cumhuriyet Mahallesi Yeni Yol 1 Sk. Now Bomonti Apt. No: 2/12 Address code: 3371525803
Şişli / İstanbul , saved after the conclusion of the contract in accordance with the provisions of German data protection law and the provisions of the GDPR.
3) Prices and shipping costs
All prices include the applicable statutory value-added tax (currently 19% or% 20) and do not include flat-rate shipping costs and plus any shipping surcharges specified for bulky items. The shipping surcharges can vary depending on the type of delivery and the nature of the item (e.g. shipping items) and are expressly stated in the order process. The prices at the time of the order apply.
4) delivery date
Delivery takes place within the working days specified on the respective article page (Monday to Saturday, general national holidays and public holidays of the state of North Rhine-Westphalia excluded according to the public holiday ordinance) after the payment order has been issued to the transferring bank (in the case of advance payment) or after the conclusion of the contract (in the case of Use of online payment methods, payment by credit card, vouchers issued by the seller, payment by SEPA direct debit or when purchasing on account). When ordering multiple goods, the latest delivery time information for the items in the shopping cart is decisive for the calculation. In the case of goods for which a separate date for the start of delivery is specified in individual cases, the delivery period begins with this date at the earliest.
In the case of payment by 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.
When paying in advance, the customer has to transfer the full invoice amount, stating the intended use, to the seller's account within five working days (Monday to Saturday) after receipt of the order. The seller reserves the object of purchase for a period of five working days.
When paying by SEPA direct debit, the buyer gives the seller a SEPA basic mandate. The pre-notification of the exact time of the account debit (pre-notification) takes place two days before moving in. You will receive the announcement with the invoice after the delivery of the goods has been dispatched.
In the case of payment on account, the customer undertakes to pay the invoice amount in full within 14 days of dispatch of the goods, without any deduction of any discount.
When the goods are dispatched, the invoice will be sent by e-mail, if no e-mail address has been stored, by post to the billing address specified by the customer.
If the customer is in default with a payment or if there is a return debit, the seller reserves the right to claim damage caused by default (e.g. processing fees, collection fees, dunning fees, interest on arrears, chargeback fees).
Offsetting against payment claims by the seller is only permitted with legally established or undisputed claims.
6) Retention of title
The purchase item delivered to the customer remains the property of the seller until all purchase items delivered to the customer have been paid for in full.
7) Right of Defects
In the event of defects in the delivered object of purchase, the purchaser 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 claims for defects is two years and begins with the date of delivery, ie receipt of the item by the buyer. The statutory warranty claims of the buyer are not restricted by a guarantee. However, the special provisions of § 8 apply to claims for damages by the customer.
8) Limitation of Liability
Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damage based on an intentional or grossly negligent breach of duty by the seller, her legal representatives or vicarious agents . Essential 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 is only liable for the foreseeable damage typical of the contract, if this was caused simply by negligence, unless the customer is entitled to compensation for damages resulting from injury to life,
The aforementioned restrictions also apply in favor of the legal representatives and vicarious agents of the seller if claims are asserted directly against them.
The provisions of the Product Liability Act remain unaffected.
9) cancellation policy / right of cancellation
Statutory right of withdrawal
The customer has the legal right to withdraw from the purchase contract within 14 days without giving any reason. The cancellation period is 14 days from the day on which the customer or a third party named by him, who is not the carrier, has taken possession of the goods.
Exercising the right of withdrawal
In order to exercise the right of withdrawal, the customer must inform the seller TUMERHOME Porzellan Deutschland GmbH c / o Levent Sakar StB, Vogelsanger Weg 80, 40470 Düsseldorf, phone +49 0800-1977000, fax +49 0800 1977000, email: email@example.com to send a clear statement (e.g. in the form of a letter, fax or e-mail) about the decision to withdraw from this sales contract. This requires active action on the part of the customer within the specified period. For this, the customer can use the attached sample cancellation form, which, however, is expressly not required and also by means of a different declaration from which the customer's clear intention to revoke the purchase contract arises.
To meet the cancellation deadline, it is sufficient for the customer to send the notification of the exercise of the right of cancellation before the cancellation period has expired.
Consequences of the withdrawal
If the purchaser cancels the purchase contract, the seller has all payments that the seller has received from the purchaser or at his behest, including delivery costs (with the exception of the additional costs that result from the purchaser using a different type of delivery than has chosen the cheapest standard delivery offered by us), to repay immediately. For this repayment, the seller will use the means of payment that was used in the original transaction; In no case will fees be charged for this repayment.
The seller can refuse repayment until he has received the goods back or until the customer has provided suitable evidence that the customer has sent the goods back, whichever is earlier.
The purchaser must return the goods to the seller immediately and in any case no later than 14 days from the date on which the purchaser informed the seller of the cancellation of this contract. The deadline is met if the customer sends the goods before the period of 14 days has expired. The seller bears the costs of returning the goods if the return is made using the franking slip provided.
The customer only has to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods, e.g. to their use outside the scope of a goods inspection.
10) Exclusion of the right of withdrawal / premature expiry of the right of withdrawal
According to the statutory provisions, there is no right of revocation for contracts
• for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the consumer's personal needs;
• for the delivery of goods that can spoil quickly or whose use-by date would quickly be exceeded;
The right of withdrawal expires prematurely in the case of contracts
• for the delivery of sealed goods that are unsuitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;
• for the delivery of goods if they were inseparably mixed with other goods after delivery due to their nature;
11) Place of jurisdiction / applicable law
For differences of opinion and disputes on the occasion of this contract, the law of the Federal Republic of Germany applies exclusively, excluding the UN sales law.
The sole place of jurisdiction for orders from merchants, legal entities under public law or special funds under public law is the competent court in Düsseldorf.
12) Consumer information on the disposal of old electrical appliances, rechargeable batteries and batteries
Old electrical devices are to be separated from the rest of the waste and old batteries and accumulators that are not permanently installed with the old device are to be separated before handing in.
Batteries and accumulators must not be disposed of with household waste. The customer is legally obliged to return used batteries and accumulators. After use, the purchaser can return the batteries free of charge either to the seller or at points in their immediate vicinity (e.g. in stores or at municipal collection points) and thus dispose of them properly.
Batteries and accumulators are marked with a crossed out garbage can and the chemical symbol of the pollutant, namely "Cd" for cadmium, "Hg" for mercury and "Pb" for lead. The attached symbol for the identification of electrical and electronic devices stands for the separate collection of electrical and electronic devices.
The customer can hand in used electrical equipment free of charge at one of the municipal collection points (so-called recycling centers) in the vicinity. In addition to handing them in at these collection points, the customer can also return the waste electrical equipment free of charge by post. In order to receive a shipping label, the customer must send a request to firstname.lastname@example.org in advance. It is the responsibility of the customer to pack the old device securely and stably, to delete any personal data stored on the device and to properly remove and dispose of any old batteries or accumulators.
13) Information on online dispute resolution and participation in an arbitration procedure
Since February 15, 2016, the EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to resolve disputes in connection with their online order without the intervention of a court. The dispute settlement platform can be reached under the external link http://ec.europa.eu/consumers/odr/.
The seller always endeavors to amicably resolve any differences of opinion arising from a contract with the customer.
The seller is not obliged to participate in an arbitration procedure and does not offer to participate in such a procedure.
These general terms and conditions replace all previous general terms and conditions and are effective immediately.