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General business operations

§ 1 General and business relationships

The following general terms and conditions apply to the contractual relationships between the seller and his customers (hereinafter referred to as the “buyer”) that were established within the online shop kardelen.de of Menceloglu, Bahnhofstrasse 93, 45701 Herten (hereinafter referred to as the “seller”).

Contracts are concluded with both consumers and entrepreneurs.

A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity

According to Section 14 of the German Civil Code, an entrepreneur is a natural or legal person or a legal partnership that, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity. A legal partnership is a partnership that has the ability to acquire rights and assume liabilities.

§ 2 conclusion of the contract

All products, articles and services to be acquired in the context of the seller’s online shop do not constitute binding offers by the seller in the legal sense, but are in turn an invitation to the offer to the buyer.

After the order has been sent by the buyer, the buyer receives an e-mail immediately, which confirms receipt of the order and represents an acceptance of the offer in the legal sense, whereby the contract is concluded.

§ 3 prices, sales tax, payment

All prices are total prices including VAT plus any shipping costs incurred depending on the type of delivery (see § 4) plus any shipping costs incurred and packaging costs.

The seller offers the following payment methods: bank transfer (prepayment), PayPal. The seller issues an invoice to the customer for the ordered goods, which is enclosed with the delivery of the goods or received by letter.

§ 4 deliveries, shipping costs and transfer of risk

The delivery (delivery of a shipping company) takes place immediately after receipt of money or message from PayPal.

The delivery and payment conditions of the seller are specified in the order form. The delivery date can be found in the respective item description.

On the last order page before submitting your offer (“SEND ORDER”) you will again receive an overview of the main characteristics of the goods, the total price of the goods, and all related components such as shipping and packaging costs.

If the buyer is a consumer within the meaning of § 13 BGB, the shipping risk is borne exclusively by the seller. If, on the other hand, the buyer is an entrepreneur, the risk passes to the buyer as soon as the seller has delivered the item to the freight forwarder or the person or institution otherwise responsible for carrying out the dispatch.

§ 5. Cancellation policy

Cancellation instructions and sample cancellation form

The following cancellation policy applies only to consumers (see §1 of the General Terms and Conditions).

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, took possession of the goods.

To exercise your right of withdrawal, you must contact us at Kardelen, Bahnhofstraße 93, 45701 Herten; E-mail address: info [at] kardelen.de) by means of a clear statement (e.g. a letter sent by post, fax or email) about your decision to cancel this contract. You can use the attached model withdrawal form, but this is not mandatory.

To meet the cancellation deadline, it is sufficient for you to notify us of the exercise of the

Send right of cancellation before the cancellation period expires.

Consequences of cancellation

If you cancel this contract, we have made all payments to you that we have received from you, including delivery costs (with the exception of the additional costs that result from the fact that you chose a different type of delivery than the cheap standard delivery we offer have) to repay immediately and at the latest within fourteen days from the day on which we have received notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; under no circumstances 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 proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us immediately and in any event no later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send off 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 that is not necessary for checking the nature, properties and functionality of the goods.

-End of revocation-

Exclusion of the right of withdrawal

The right of withdrawal does not exist for contracts

– for the delivery of goods which 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,

– for the delivery of personalized products

The right of withdrawal can expire

– for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,

– for the delivery of goods if, due to their nature, they have been inseparably mixed with other goods after delivery,

Consequences of the right of withdrawal that arise for the customer

There are cancellation fees for the customer after the revocation in a percentage of 5% of the purchased product.

Model withdrawal form

If you want to cancel the contract, please fill out this form and

send it back.

To [Kardelen, Bahnhofstraße 93, 45701 Herten, [email protected]]:

Hereby I / we (*) cancel the contract concluded by me / us (*) for the purchase

the following goods (*) / the provision of the following service (*)

– Ordered on (*) / received on (*)

– Name of the consumer (s)

– Address of the consumer (s)

– Signature of the consumer (s) (only for notification on paper)
– date
_______________

(*) Delete where inapplicable.

In accordance with EU Regulation No. 524/2013, the EU Commission has provided an interactive website (OS platform) that serves to resolve extrajudicial disputes arising from online legal transactions. The EU Commission’s OS platform can be found at this link: http://ec.europa.eu/consumers/odr/

You can contact us via info [at] kardelen.de

§ 6 retention of title

The seller reserves ownership of the goods until the purchase price has been paid in full.

§ 7 Liability for defects

The statutory liability for defects applies to our goods.

§ 8 Further information requirements for contracts in distance selling and for electronic business transactions

Technical steps to conclude a contract / order process

Select the products you want to order by clicking the “ADD TO CART” button. This places your selection in the shopping cart. You can change this selection at any time until you submit your order by changing the number of products or canceling the order process. By clicking the button “CONTINUE TO CHECKOUT” you will get to the next order step. If you already have a customer account, please log in with a user name and a password, otherwise please register as a new customer. Your data will be collected, processed and used in compliance with data protection regulations. There is no other use or disclosure to third parties. Select the desired payment method. Please read the general terms and conditions and the cancellation policy carefully. You can only continue with the order if you agree to the terms and conditions under cancellation policy (checkmark). By clicking the button “SEND ORDER” you send your order to us. You hereby submit a legally binding offer.

Storage of the contract text after conclusion of the contract and accessibility for the
Customers.

The contract text and your order details will be saved by the seller. After completing the order you have placed, you will receive a clear order confirmation, which contains all the information about your order. It is also possible to print out the contract text using the print functions of the browser. Your order details can also be found separately in the email sent to you. In addition, the seller can send the buyer the contract terms at any time by email.

Possibility to correct input errors

Before placing the order, you can correct your entries at any time. This can be done on the one hand with the “back button” or the “back arrow” of your internet browser. You can either make corrections directly on the individual offer pages in the existing input fields. There is also the option of updating the products or deleting individual products as part of the virtual shopping cart. All of these correction options exist up to and including the submission of the binding offer via the “SEND ORDER” button.

contract language

The contract language is exclusively german.

codes of conduct

The seller has not submitted to any relevant codes of conduct.

order confirmation

After the offer has been sent by the customer, the customer will receive a confirmation email.

Complaints and warranties

Complaints, such as warranty claims in particular, should be addressed to the seller.

Essential characteristics of the goods

The essential characteristics of the goods can be found in the item description. This also applies to the period of validity of any temporary offers.

§ 9 data protection notice

a) The collection, storage, modification, transmission, blocking, deletion and use of your personal data is carried out in compliance with the applicable data protection regulations.

b) Your personal data will only be passed on to third parties to the service partners involved in the execution of the contract, e.g. the credit institution commissioned with payment matters and the logistics company commissioned with the delivery. However, the scope of the transmitted data is limited to the minimum necessary if your personal data is passed on to third parties.

c) By entering into the contract, you agree to the processing and use of your personal data (e.g. address) in accordance with the aforementioned information. However, you have the option to object at any time without incurring any costs other than the transmission costs according to the basic tariffs.

d) According to the Federal Data Protection Act, you have the right to free information about your stored data and, if necessary, the right to correct, block or delete this data. We may ask you to contact the address given in the provider identification with appropriate inquiries. If the personal data stored about you at the provider is incorrect, a correction will be made immediately, upon your notice.

e) Data protection is guaranteed by the Federal Data Protection Act. Use is therefore only permitted if the Federal Data Protection Act or a legal regulation permits it or if the person concerned consents.

§ 10 Alternative dispute resolution according to Art. 14 Para. 1 ODR -VO and § 36 VSBG:

The European Union has set up an online platform (“OS platform”) for the extrajudicial settlement of consumer disputes, which you can contact. The OS platform is intended to serve as a contact point for out-of-court settlement of disputes regarding contractual obligations arising from online sales contracts. You can find the platform at http://ec.europa.eu/consumers/odr/ “

We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

Section 11 Duty to provide information in accordance with the Battery Act (BattG)

In connection with the sale of batteries or accumulators or with the delivery of devices that contain batteries or accumulators, we are obliged according to the Battery Ordinance to point out the following: Batteries may not be disposed of with household waste. You are legally obliged to return used batteries as end consumers. You can return batteries free of charge after use at the point of sale or in their immediate vicinity (e.g. at municipal collection points or in stores). You can also send batteries from our range in the usual quantities to us by post. Batteries or accumulators that contain pollutants are marked with the symbol of a crossed out garbage can. The chemical name of the pollutant is located close to the garbage can symbol. “Cd” stands for cadmium, “Pb” for lead, “Hg” for mercury, “Li” for lithium, “Ni” for nickel, “Mh” for metal hydride and “Zi” for zinc. The signs under the garbage cans stand for:
Pb: Battery contains more than 0.004% lead by mass

Cd: battery contains more than 0.002 mass percent cadmium
Hg: Battery contains more than 0.0005 mass percent mercury

The symbol of the crossed out garbage cans means that the battery must not be disposed of with household waste.

You can also obtain further detailed information on the Battery Act from the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety.

§ 12 Law on the placing on the market, the taking back and the environmentally friendly disposal of electrical and electronic equipment

Manufacturers have had to take back old electronic devices that have been placed on the market since August 13, 2005, free of charge. Manufacturers must mark their electrical and electronic equipment that is placed on the market after November 23, 2005 with a symbol (crossed-out wheelie bin). As a dealer, we are legally obliged to inform you that such old devices should not be disposed of as unsorted municipal waste, but must be collected separately and disposed of via the local collection and return systems. In accordance with the “ElektroG” law of March 23, 2005, from November 25, 2005 onwards, we will only sell electrical and electronic equipment from manufacturers who have registered with the responsible authority and a bankruptcy-proof guarantee for the financing of the return and disposal of their electrical equipment can demonstrate.

§ 13 final provision

The law of the Federal Republic of Germany applies to the contractual relationship between the seller and the customer and to the respective terms and conditions. Regardless of the specific choice of law, consumers with a habitual residence abroad can also rely on the law of the country in which they are domiciled.

§ 14 deviation
With personalized products that we create and produce individually, it can happen that the goods do not look one to one as in the pictures of our online shop. Because different models can work differently with different motifs, names and letters. It is individually adapted and optimally made.

The delivered products may differ slightly from the pictures. Separately, e.g. the offer partner bracelet (MK-948), the bracelet can differ in size and style from the illustration. The gold plating of our products can also differ from the image because 925 genuine silver quality is used.

§ 15 No right of withdrawal
Unless the parties have agreed otherwise, the right of withdrawal does not apply to the following contracts:

* 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 that are clearly tailored to the personal needs of the consumer.
* Contracts for the delivery of sealed goods which, for reasons of health protection or hygiene, are not suitable for return if their seal has been removed after delivery.

Engraved products or products individually tailored to the needs of the consumer are excluded from the exchange, as they are clearly tailored to the personal needs of the consumer.

In accordance with EU Regulation No. 524/2013, the EU Commission has provided an interactive website (OS platform) that serves to resolve extrajudicial disputes arising from online legal transactions. The EU Commission’s OS platform can be found at this link: http://ec.europa.eu/consumers/odr/
Alternative dispute resolution according to Art. 14 Para. 1 ODR-VO and § 36 VSBG:

The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

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