General Terms and Conditions of Karaca Lisans Germany GmbH Onlineshop
The company Karaca Lisans Germany GmbH c/o Levent Sakar StB, Vogelsanger Weg 80, 40470 Düsseldorf, represented by its sole authorized managing director Mr. Osman Altan, registered in the Commercial Register Düsseldorf under HRB 90959, operates the online store at www.nautica-home.com
All orders of goods and the purchase of services from this online store are made exclusively on the basis of these following General Terms and Conditions consisting of Article 1 to 15.
1) Definitions and Scope
The following General 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, this shall be understood to include both the feminine and the masculine form, i.e. both the feminine and the masculine form shall be meant in a gender-unspecific manner.
Customer is the person who orders goods or services in the online store.
Onlineshop is an ordering platform on the site www.nautica-home.com
The seller is the operator of the online store, the company Karaca Lisans Germany GmbH c/o Levent Sakar StB, Vogelsanger Weg 80, 40470 Düsseldorf/Germany.
Our products are intended for consumers with legal capacity only. The consumer must be understood within the meaning of Article 13 of the German Civil Code. Every person over the age of 18 has unlimited legal capacity.
Civil Code of the Federal Republic of Germany, as amended from time to time. Delivery address is the address located in the Federal Republic of Germany, to which the customer orders the delivery of the ordered goods in the ordering process. Delivery date is the calendar day on which the order is to be delivered to the orderer by the carrier according to the normal course of events. Working days are the weekdays Monday to Saturday, unless they are public holidays within the meaning of these General Terms and Conditions.
These General Terms and Conditions shall apply to all business relations between the Buyer and the Seller, Karaca Lisans Germany GmbH c/o Levent Sakar StB., Vogelsanger Weg 80, 40470 Düsseldorf, Germany, represented by its sole authorized managing director Mr. Osman Altan.
2) Making the Contract
The offers are directed exclusively to consumers and end customers with a delivery address in Germany. For individual bulky goods, the possible delivery addresses and the delivery location may be limited; the restriction is shown on the product detail page. The customer must be of full age and legal capacity in accordance with the provisions of the German Civil Code, i.e., must have reached the age of 18. The conclusion of the contract and all legally binding declarations shall be made exclusively in German.
The orderer submits a binding offer when he has gone through the online ordering process by entering the information requested there and clicks the button "Order subject to payment" in the last ordering step.
The purchase contract between the Seller and the Customer shall only be concluded upon an express declaration of acceptance by the Seller. This takes place at the earlier of the following events, either sending the goods, the sending of an express declaration of acceptance by the seller or sending a shipping confirmation by e-mail. The parties to the order, Buyer and Seller, expressly clarify that the confirmation of receipt of an order does not constitute a contractual declaration of acceptance of 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 by its parent company Karaca Lisans Marka ve Yönetimi Anonim Sirketi, Cumhuriyet Mahallesi Yeni Yol 1 Sk. Now Bomonti Apt. No: 2/12 Address Code: 3371525803 Şişli/İstanbul (Turkey), in accordance with the provisions of German data protection law and the provisions of the GDPR after conclusion of the contract.
3) Prices and shipping costs
All prices include the applicable statutory value-added tax (currently 19% or %20) and are exclusive of flat-rate shipping costs and plus any shipping cost surcharges indicated for bulky goods. The shipping surcharges may vary depending on the type of delivery and the nature of the item (e.g., shipping items) and are explicitly stated during the ordering process. The prices at the time of the order apply.
The seller has the right to object to the purchase contract in accordance with the legal provisions, if a false price statement is based on the fault of the supplier.
4) Delivery date
The delivery will be made within the working days indicated on the respective article page are approximate (From Monday to Saturday, general federal holidays and holidays of the state of North Rhine-Westphalia are excluded according to the holiday regulation.) after issuance of the payment order to the remitting bank (for advance payment) or after conclusion of the contract (when using online payment methods, payment by credit card, vouchers issued by the seller, payment by SEPA direct debit or purchase on account). For more than one goods order, Karaca has the right to make partial deliveries as long as it is reasonable for the customer. When ordering more than one product, the latest delivery time information of the products in the shopping cart is decisive for the calculation.
The seller has the right to withdraw from the contract if the ordered goods/goods cannot be supplied despite a concluded contract. We will promptly notify the customer of unavailability and promptly compensate the customer for counter performance.
The period for performance shall be reasonably extended in the event of force majeure, whereby the duration of the impediment and a reasonable start-up period shall be taken into account in the assessment. In the case of goods for which a separate date for the start of delivery is specified in the individual case, the delivery period shall begin at the earliest with this date.
5) Payment methods and electronic invoice
In case of payment by online payment methods (e.g., credit card payment, PayPal, etc.) or by voucher, the Buyer expressly authorizes the Seller to collect the amounts due at the time of the order.
In advance payment, the customer must transfer the entire invoice amount to the seller's account, specifying the purpose of use, within five working days (Monday-Saturday) from the receipt of the order. The seller reserves the purchase object for a period of five working days.
When paying by SEPA direct debit, the buyer gives the seller basic SEPA authorization. Advance notification of the exact time (pre-notification) of the account payment takes place two days before the move. The notification will be sent to you after the goods have been shipped with the invoice.
In the case of payment on account, the customer undertakes to pay the invoice amount in full without any discount, within 14 days of following the shipment of the goods.
When the goods are shipped, the invoice will be sent by e-mail or, if no e-mail address is stored, by post to the billing address specified by the customer.
If the customer defaults on a payment or the direct payment is returned, the seller reserves the right to claim compensation for default (e.g. transaction fees, collection fees, reminder fees, late interest, chargeback fees).
Set-off of Seller claims for payment is only permitted for legally established or undisputed claims.
6) Protection of Title
The purchase item delivered to the customer remains the property of the seller until full payment has been made for all purchase items delivered to the customer.
7) Right of defective goods
In the event of a defect in the delivered purchase item, apart from any warranty, the customer has legal rights under the statutory warranty/responsibility for defects. The limitation period for statutory claims for defects is two years and begins on the date of delivery, that is, on the date of receipt of the product by the buyer. Buyer's statutory warranty claims are not limited to a warranty. However, the specific provisions of Article 8 apply to the customer's claims.
8) Limitation of liability
Claims of the customer for damages are excluded. Excluded from this are claims for damages by the Buyer from injury to life, physical integrity 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. Material contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract. In the event of a breach of material contractual obligations, the Seller is only liable for the contractually typical, foreseeable damage if this was caused by simple negligence, unless the Buyer is concerned with claims for damages resulting from injury to life, physical integrity or health.
The aforementioned restrictions also apply to 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) Right of cancellation
Statutory right of cancellation
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 the customer or a third party-not the carrier, receives the goods.
Exercise of the right of withdrawal
To exercise the right of withdrawal, the customer should contact the seller Karaca License Germany GmbH c/o Levent Sakar StB, Vogelsanger Weg 80, 40470 Düsseldorf, telephone +49 0800-1977000, fax +49 0800 1977000, e-mail: email@example.com, send a clear explanation (for example, by letter, fax or e-mail) of the decision to cancel this purchase agreement. This requires the customer to take active action within the specified time. The customer can use the attached model cancellation form for this purpose, which is not expressly required and can also be used with a different statement in which it is clear that the customer wishes to cancel the purchase contract.
To meet the cancellation deadline, it is sufficient for the customer to send the notification regarding the exercise of the right of cancellation before the cancellation period has expired.
Consequences of the withdrawal
If the Buyer cancels the purchase contract, the Seller has to pay all payments received by the Seller from the Buyer or at the Purchaser's behest, including delivery costs (except for the additional costs resulting from the fact that the Buyer chose a different type of delivery than the cheapest standard delivery offered by us). For this repayment, the Seller uses the means of payment that was used in the original transaction; under no circumstances the fees will be charged due to this repayment.
The seller may refuse repayment until the seller has received the goods back or until the customer has provided suitable proof that the customer has returned the goods, whichever is the earlier.
The Buyer has to return the goods to the Seller without undue delay and in any case no later than 14 days from the day on which the Buyer notifies the Seller of the cancellation of this contract. If the customer ships the goods before the 14-day period expires, the deadline is met. If the return is made using the provided franking slip, the seller bears the cost of returning the goods.
The customer has to pay for any loss in the value of the goods only if it is due to the carriage of goods that is not necessary to check the nature, properties and functionality of the goods, e.g. for their use outside the scope of a goods inspection.
10) Exclusion of the Right of Withdrawal / Early Expiration of the Right of Withdrawal
A right of cancellation does not exist according to the legal provisions for contracts
• for the delivery of goods that are not prefabricated and for the production 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 goods that can spoil quickly or whose expiration date would be quickly exceeded;
The right of withdrawal in contracts expires early
• for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene, if their seal was removed after delivery;
• for the delivery of goods if these have been inseparably mixed with other goods after delivery due to their nature;
11) Place of Jurisdiction/Applicable Law
The law of the Federal Republic of Germany shall apply exclusively to differences of opinion and disputes arising from this contract, to the exclusion of the UN Sales Convention. The sole place of jurisdiction for orders placed by merchants, legal entities under public law or special funds under public law shall be the competent court in Düsseldorf.
12) Consumer information on the disposal of waste electrical equipment, accumulators and batteries
Old electrical equipment must be separated from the rest of the waste and old batteries and accumulators that are not permanently installed with the old equipment must be separated before handing them in. Batteries and accumulators must not be disposed of in household waste. The Buyer is legally obligated to return used batteries and accumulators. After use, the buyer can return the batteries free of charge either to the seller or to places nearby (e.g., retailers or municipal collection points) for proper disposal.
Batteries and rechargeable batteries are marked with a crossed-out waste garbage can and the chemical symbol of the pollutant, namely "Cd" for cadmium, "Hg" for mercury and "Pb" for lead. The attached symbol for marking electrical and electronic equipment stands for the separate collection of electrical and electronic equipment.
The customer can deliver the old electrical equipment to one of the nearby municipal collection points (recycling depots) free of charge. In addition to the delivery at these collection points, the customer can also return the waste electrical and electronic equipment free of charge by post. In order to receive a shipping label, the customer must send a request in advance to the e-mail firstname.lastname@example.org. It is the customer's duty to pack the old device safely and securely for shipping, as well as to delete any personal data stored on the device and properly remove and dispose of old batteries or accumulators.
13) Information on online dispute resolution and participation in arbitration proceedings
Since February 15, 2016, the EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to initially resolve disputes in connection with your online order without the intervention of a court. The dispute resolution platform can be accessed via the external link http://ec.europa.eu/consumers/odr/.
The Seller shall always endeavor to settle any disagreements arising from a contract with the Buyer amicably.
The Seller is not obliged to participate in a dispute resolution procedure and does not offer to participate in such a procedure.
These General Terms and Conditions supersede all previous General Terms and Conditions and shall become effective immediately.