Terms and Conditions

§ 1 General and Business Relationships

1. The following General Terms and Conditions apply to the contractual relationships established within the framework of the online shop kardelen.de of Menceloglu, Bahnhofstraße 93, 45701 Herten (hereinafter referred to as "Seller") between the Seller and its customers (hereinafter referred to as "Buyer").

2. Contracts are concluded with both consumers and entrepreneurs.

3. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.

4. According to § 14 BGB (German Civil Code), an entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity. A partnership with legal capacity is a partnership that is capable of acquiring rights and incurring obligations.

§ 2 Conclusion of Contract

1. All products, articles and services available for purchase in the Seller's online shop do not constitute binding offers by the Seller in the legal sense, but are an invitation to the Buyer to make an offer.

2. After the Buyer sends the order, the Buyer immediately receives an email confirming receipt of the order and representing an acceptance of the offer in the legal sense, thereby concluding the contract.

§ 3 Prices, VAT, Payment

1. All prices stated are total prices including statutory VAT plus any applicable shipping costs depending on the delivery method (see § 4) plus any applicable shipping costs and packaging costs.

2. The Seller offers the following payment methods: bank transfer (advance payment), PayPal. The Seller issues an invoice to the customer for the ordered goods, which is enclosed with the delivery of the goods or sent by post.
3. For payment in advance (or other payment methods), the customer undertakes to transfer the agreed price to the account specified by us after conclusion of the contract. The full amount must be received in the account within seven days of the order date. In case of non-payment of the advance payment, Kardelen reserves the right not to provide the agreed service. The customer is not released from the obligation to pay in case of non-provision of the service for this reason.

   3.1 Should the goods no longer be available at a later date, Kardelen reserves the right to issue a credit voucher. In case of default of payment after a maximum of 14 days, the customer will receive a written reminder with a reminder fee of 10 Euros. If the deadline in the letter is also exceeded, the matter will be handed over to a debt collection agency.

§ 4 Deliveries, Shipping Costs and Transfer of Risk

1. Delivery (dispatch by a shipping company) takes place immediately after receipt of money or notification by PayPal.

2. The Seller's delivery and payment terms are specified in the order form. Please refer to the respective article description for the delivery date.

3. On the last order page before submitting your offer ("SUBMIT ORDER"), you will receive an overview of the essential characteristics of the goods, the total price of the goods, and all associated components such as shipping and packaging costs.

4. If the Buyer is a consumer within the meaning of § 13 BGB, the Seller alone bears the shipping risk. If the Buyer is an entrepreneur, the risk passes to the Buyer as soon as the Seller has handed over the item to the carrier or the person or institution otherwise designated to carry out the shipment.

§ 5. Right of Withdrawal

Right of withdrawal and sample withdrawal form

The following right of withdrawal applies exclusively to consumers (see §1 of the GTC).

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, took possession of the goods.

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

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the

right of withdrawal before the withdrawal period has expired.

Consequences of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in no event will you incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back or hand over the goods to us without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired. You will bear the direct cost of returning the goods. You only have to pay for any diminished value of the goods if this diminished value is due to the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.

-End of withdrawal policy-

Exclusion of the right of withdrawal

The right of withdrawal does not apply to contracts

– for the supply 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,

– for the supply of personalized products

The right of withdrawal may expire

– for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons if their seal was removed after delivery,

– for the supply of goods if these were inseparably mixed with other goods after delivery due to their nature,

Consequences of the right of withdrawal for the customer

Cancellation fees of 5% of the purchased product will be incurred by the customer after withdrawal.

Sample withdrawal form

If you wish to withdraw from the contract, please fill out this form and

send it back.

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

I/We (*) hereby revoke the contract concluded by me/us (*) for the purchase

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

– Ordered on (*)/received on (*)

– Name of consumer(s)

– Address of consumer(s)

– Signature of consumer(s) (only for communication on paper)
– Date
_______________

(*) Delete as appropriate.

The EU Commission has provided an interactive website (OS platform) in accordance with EU Regulation No. 524/2013, which serves to resolve out-of-court 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 at info[at]kardelen.de

§ 6 Retention of Title

The Seller reserves ownership of the goods until full payment of the purchase price.

§ 7 Liability for Defects

The statutory liability for defects applies to our goods.

§ 8 Further Information Obligations for Distance Contracts and Electronic Commerce

1. Technical steps to conclude a contract/order process

Select the products you wish to order by clicking the "ADD TO CART" button. This will add your selection to 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 "PROCEED TO CHECKOUT" button, you will go to the next order step. Please log in with a username and password if you already have a customer account, otherwise please register as a new customer. Your data will be collected, processed, and used in compliance with data protection regulations. No other use or disclosure to third parties will occur. Select the desired payment method. Please read the General Terms and Conditions and the Right of Withdrawal carefully. You can only proceed with the order if you agree to the GTC under Right of Withdrawal (check the box). By clicking the "SUBMIT ORDER" button, you send us your order. You hereby make a legally binding offer.

2. Storage of the contract text after conclusion of the contract and accessibility for the
   customer.

The contract text and your order details are stored by the Seller. After you have completed your order, you will receive a clear order confirmation containing all details of your order. Furthermore, it is possible to print out the contract text using the browser's print functions. Your order data will also be found separately in the email sent to you. In addition, the Seller will send the contractual provisions to the Buyer by email at any time upon request.

3. Possibility of correcting input errors

Before placing the order, you have the option to correct your entries at any time. This can be done either by using the "Back" button or the "Back arrow" of your internet browser. You can correct entries directly on the individual offer pages in the existing input fields. Furthermore, you can update products or delete individual products within the virtual shopping cart. All these correction options exist up to and including the submission of the binding offer via the "SUBMIT ORDER" button.

4. Contract language

The contract language is exclusively German.

5. Codes of Conduct

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

6. Order confirmation

After the customer submits the offer, they will receive a confirmation email.

7. Complaints and Warranties

Complaints, such as warranty claims, must be addressed to the Seller.

8. Essential characteristics of the goods

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

§ 9 Data Protection Notice

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

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

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

d) According to the Federal Data Protection Act, you have a right to free information about your stored data and, if necessary, a right to rectification, blocking or deletion of this data. We ask you to address any such inquiries to the address given in the provider identification. If the personal data stored about you at the provider is incorrect, a correction will be made immediately upon your corresponding notification.

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 provision allows it or the data subject consents.

§ 10 Alternative dispute resolution in accordance with Art. 14 (1) ODR Regulation and § 36 VSBG:

To settle consumer disputes out of court, the European Union has set up an online platform (“ODR platform”) that you can contact. The ODR platform is intended to serve as a contact point for the out-of-court resolution of disputes concerning contractual obligations arising from online purchase agreements. You can find the platform at http://ec.europa.eu/consumers/odr/“

We are not obligated and not willing to participate in a dispute resolution procedure before a consumer arbitration board.

§ 11 Information obligation according to the Battery Act (BattG)

In connection with the distribution of batteries or accumulators or with the supply of devices containing batteries or accumulators, we are obliged to point out the following in accordance with the Battery Ordinance: Batteries must not be disposed of in household waste. You are legally obliged as an end-user to return used batteries. You can return batteries free of charge after use at the point of sale or in its immediate vicinity (e.g. at municipal collection points or in retail). You can also return batteries from our range in normal quantities to us by post. Batteries or accumulators that contain harmful substances are marked with the symbol of a crossed-out dustbin. The chemical designation of the harmful substance is located near the dustbin 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 dustbins stand for:
Pb: Battery contains more than 0.004 percent by mass lead
Cd: Battery contains more than 0.002 percent by mass cadmium
Hg: Battery contains more than 0.0005 percent by mass mercury

The symbol of the crossed-out dustbin means that the battery must not be disposed of in household waste.

Further detailed information on the Battery Act can also be obtained from the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety.

§ 12 Act on the placing on the market, the return and the environmentally sound disposal of electrical and electronic equipment

Since August 13, 2005, manufacturers have been obliged to take back old electrical equipment placed on the market free of charge. Manufacturers must label their electrical and electronic equipment, which is placed on the market after November 23, 2005, with a symbol (crossed-out wheeled bin). As a dealer, we are legally obliged to inform you that such old devices are not to 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, we only sell electrical and electronic equipment from manufacturers who have registered accordingly with the competent authority and can provide insolvency-proof guarantees for the financing of the take-back and disposal of their electrical equipment.

§ 13 Final Provision

The law of the Federal Republic of Germany shall apply to the contractual relationship between the seller and the customer as well as to the respective terms and conditions. Consumers habitually resident abroad may, irrespective of the specific choice of law, also invoke the law of the state in which they are domiciled.

§ 14 Deviation
For personalized products that we create and produce individually, it may happen that the goods do not look exactly like in the pictures of our online shop. This is because different models can have a different effect with different motifs, names and letters. It will be individually adjusted and optimally manufactured.

The delivered products may differ slightly from the illustrations. Specifically, for example, the offer partner bracelet (MK-948), the bracelet may differ in size and style from the illustration. The gilding on our products may also differ from the illustration as 925 sterling silver quality is used.

§ 15 No right of withdrawal
The right of withdrawal does not exist, unless the parties have agreed otherwise, for the following contracts:

* Contracts for the supply 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.
* Contracts for the supply of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.

Engraved or individually tailored products are excluded from exchange, as these 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) for the out-of-court settlement of disputes arising from online legal transactions. The EU Commission's OS platform can be found at this link: http://ec.europa.eu/consumers/odr/