Terms of Service
§ 1 Scope and Provider
(1) These general terms and conditions apply to all orders that you place in the online shop of
CEO: Ahmet Karaca, do.
Service hotline: +49 179 544 77 35
(2) The range of goods in our online shop is aimed exclusively at buyers who have reached the age of 18.
(3) Our deliveries, services and offers are based exclusively on these general terms and conditions. The general terms and conditions also apply to companies for all future business relationships, even if they are not expressly agreed again. The inclusion of general terms and conditions of a customer that contradict our general terms and conditions is already contradicted.
(4) The contract language is exclusively German.
(5) You can call up and print out the currently valid general terms and conditions on the website http://shop.karacadesign.de.
§ 2 conclusion of contract
(1) The presentation of goods in the online shop does not constitute a binding application to conclude a purchase contract. Rather, it is a non-binding invitation to order goods in the online shop.
(2) By clicking the button “Order now with obligation to pay” you are submitting a binding purchase offer (Section 145 BGB).
(3) After receipt of the purchase offer, you will receive an automatically generated email with which we confirm that we have received your order (confirmation of receipt). This confirmation of receipt does not yet represent an acceptance of your purchase offer. A contract is not yet concluded with the confirmation of receipt.
(4) A purchase contract for the goods is only concluded if we expressly declare our acceptance of the purchase offer or if we send the goods to you – without a prior express declaration of acceptance.
§ 3 prices
The prices stated on the product pages include the statutory value added tax and other price components and do not include the respective shipping costs
§ 4 terms of payment
(1) Payment is made optionally: invoice in advance, cash on delivery, credit card, PayPal or direct debit. (2) If you choose the payment method in advance, we will give you our bank details in the order confirmation. The invoice amount must be transferred to our account within 10 days of receipt of the order confirmation.
(3) When paying by credit card, the purchase price is reserved on your credit card at the time of the order (“authorization”). Your credit card account is actually charged at the time we send the goods to you.
(4) When paying by direct debit, you may have to bear the costs that arise as a result of a reversal of a payment transaction due to insufficient funds in your account or due to incorrectly transmitted bank account details.
(5) If you fall into arrears with a payment, you are required to pay the statutory default interest in the amount of 5 percentage points above
Binding base rate. You will be charged a reminder fee of EUR 2.50 for every reminder sent to you after the default has occurred, unless a lower or higher damage is proven in individual cases.
§ 5 Set-off / right of retention
(1) You are only entitled to offset if your counterclaim has been legally established, is not disputed or recognized by us or is in a close synallagmatic relationship to our claim.
(2) You can only exercise a right of retention if your counterclaim is based on the same contractual relationship.
§ 6 delivery; Retention of title
(1) Unless otherwise agreed, the goods will be delivered from our warehouse to the address you have given.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur within the meaning of § 14 BGB, the following also applies:
- We reserve title to the goods until all claims from the current business relationship have been settled in full.
Pledging or security transfer is not permitted prior to the transfer of ownership of the reserved goods.
- You may resell the goods in the ordinary course of business. In this case, you are already making all claims in the amount of
The invoice amount that you accrue from the resale to us. We accept the assignment, but you are authorized to collect the claims. If you fail to properly meet your payment obligations, we reserve the right to
Collect claims yourself.
- When combining and mixing the reserved goods, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
- We undertake to release the securities to which we are entitled on request insofar as the realizable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released is our responsibility.
§ 7 cancellation policy
In the event that you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), i.e. making a purchase for purposes that are predominantly neither commercial nor self-employed, you have a right of withdrawal in accordance with the following provisions.
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier has taken possession of the goods. To exercise your right of withdrawal, you must contact us
Address: Lehnackerstr. 92, D-47179 Duisburg
Phone: +49 179 544 77 35
by means of a clear declaration (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.
Consequences of withdrawal
If you withdraw from this contract, we will have given you all the payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. We can refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier.
You must return or hand over the goods to us or to Karacadesign.de immediately and in any case no later than fourteen days from the date on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods. You only have 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.
Model withdrawal form
If you want to cancel the contract, please fill out this form and send it back.
I / we () hereby revoke the contract concluded by me / us () for the purchase of the following goods (): Ordered on () / received on () Name of the consumer (s): Address of the consumer (s): Signature of the consumer (s) (only when notified on paper) date () Delete where inapplicable.
End of revocation
(1) The right of withdrawal does not apply to 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 personal needs of the consumer (e.g. T-shirts with Your photo and your name), in the case of delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery or
if audio or video recordings or computer software are delivered in a sealed package, if the seal has been removed after delivery.
(2) Please avoid damage and contamination. If possible, please send the goods back to us in their original packaging with all accessories and all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please use suitable packaging to provide adequate protection against damage in transit in order to avoid claims for damages due to damage resulting from inadequate packaging.
(3) Please call us at [Tel.No.] before returning the goods to announce the return. In this way you enable us to assign the products as quickly as possible.
(4) Please note that the modalities mentioned in paragraphs 2 and 3 above are not a prerequisite for the effective exercise of the right of withdrawal.
§ 8 transport damage
(1) If goods are delivered with obvious transport damage, please report such errors immediately to the deliverer and please contact us as soon as possible.
(2) Failure to make a complaint or contact us has no consequences for your statutory warranty rights. However, they help us to assert our own claims against the carrier or the transport insurance.
§ 9 Warranty
(1) Unless otherwise expressly agreed, your warranty claims are based on the statutory provisions of the sales law (§§ 433 ff. BGB).
(2) If you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), the limitation period for warranty claims for used items, contrary to the statutory provisions, is one year. This limitation does not apply to claims arising from damage to life, limb or health or from the violation of an essential contractual obligation, the fulfillment of which the
proper execution of the contract is only made possible and compliance with which the contractual partner can regularly rely on (cardinal obligation) as well as for claims due to other damage based on an intentional or grossly negligent breach of duty by the user or his vicarious agents.
(3) In addition, the statutory provisions apply to the warranty.
(4) If you are an entrepreneur within the meaning of Section 14 BGB, the statutory provisions apply with the following modifications:
- Only our own information and the manufacturer’s product description are binding for the quality of the goods, but not public promotions and statements and other advertising by the manufacturer.
- You are obliged to inspect the goods immediately and with due care for quality and quantity deviations and to notify us of obvious defects within 7 days of receipt of the goods. Timely dispatch is sufficient to meet the deadline. This also applies to hidden defects discovered later from their discovery. In the event of a breach of the duty to examine and notify, the assertion of warranty claims is excluded.
- In the event of defects, we provide a guarantee of repair or replacement (supplementary performance) at our option. In the event of repairs, we do not have to bear the increased costs that arise from the shipment of the goods to a location other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.
- If the supplementary performance fails twice, you can either request a reduction in price or withdraw from the contract.
- The warranty period is one year from date of delivery.
§ 10 liability
(1) Unlimited liability: We have unlimited liability for intent and gross negligence as well as in accordance with the Product Liability Act. For slight negligence, we are liable for damage resulting from injury to life, limb and health of people.
(2) In addition, the following limited liability applies: In the case of slight negligence, we are only liable in the event of a breach of an essential contractual obligation, the fulfillment of which enables the proper execution of the contract and on which you can regularly rely (cardinal obligation). The amount of liability for slight negligence is limited to the damage that was foreseeable at the time the contract was concluded and the occurrence of which must typically be expected. This limitation of liability also applies in favor of our vicarious agents.
§ 11 final provisions
(1) Should one or more provisions of these terms and conditions be or become ineffective, this shall not affect the validity of the remaining provisions.
(2) Only German law is applicable to contracts between us and you, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, “UN Sales Law”).
(3) If you are a businessman, a legal person under public law or a special fund under public law, the place of jurisdiction for all disputes arising from or in connection with contracts between us and you.