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 kardelen.de online shop 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 professional activities.

4. According to § 14 BGB (German Civil Code), an entrepreneur is a natural or legal person or a legal partnership that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction. A legal partnership is a partnership endowed with the capacity to acquire rights and incur liabilities.

§ 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 a legal sense, but rather an invitation to the Buyers to make an offer.

2. After the Buyer submits an order, the Buyer immediately receives an e-mail confirming receipt of the order, which constitutes acceptance of the offer in a legal sense, thereby concluding the contract.

§ 3 Prices, VAT, Payment

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

2. 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 sent by mail.
3. For payment by bank transfer (or other payment methods), the customer undertakes to transfer the agreed price to the account specified by us after the conclusion of the contract. The full amount must be received in the account within seven days of the order date. In the event of non-payment of the prepayment, Kardelen reserves the right not to provide the agreed service. The customer is not released from the payment obligation if the service is not provided for this reason.

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

§ 4 Deliveries, Shipping Costs and Transfer of Risk

1. Delivery (handover to a shipping company) takes place immediately after receipt of payment or notification by PayPal.

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

3. On the last order page before submitting your offer ("SUBMIT ORDER"), you will once again receive a complete overview of the essential features 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 shipping risk is borne exclusively by the Seller. If, however, the Buyer is an entrepreneur, the risk passes to the Buyer as soon as the Seller has delivered the item to the carrier or to 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; e-mail address: info[at]kardelen.de) by means of a clear statement (e.g. a letter sent by post, fax or e-mail) 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 notification of exercising 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 are only liable for any diminished value of the goods resulting from the handling 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 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 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, after delivery, they have been inseparably mixed with other goods due to their nature,

Consequences of the Right of Withdrawal for the Customer

Cancellation fees for the customer will be incurred after withdrawal, amounting to 5% of the purchased product.

Sample Withdrawal Form

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

send it back.

To [Kardelen, Bahnhofstraße 10, 45701 Herten, kardelen@mail.de]:

I/We (*) hereby withdraw from 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 the consumer(s)

– Address of the consumer(s)

– Signature of the consumer(s) (only for notification 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 settle 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 retains ownership of the goods until full payment of the purchase price.

§ 7 Statutory Warranty Rights

Our goods are subject to the statutory warranty rights.

§ 8 Further Information Obligations for Distance Contracts and Electronic Commerce

1. Technical Steps to Conclude the Contract/Ordering 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 quantity of products or cancelling the ordering 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 the Right of Withdrawal (check the box). By clicking the "SUBMIT ORDER" button, you send your order to us. You hereby submit 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 e-mail sent to you. In addition, the Seller will send the contractual provisions to the Buyer by e-mail at any time upon request.

3. Correction of Input Errors

Before submitting the order, you always have the option to correct your entries. 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 receive a confirmation email.

7. Complaints and Warranties

Complaints, such as warranty claims, should be directed to the Seller.

8. Essential Characteristics of the Goods

The essential characteristics of the goods can be found in the item 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 will be carried out in compliance with applicable data protection regulations.

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

c) By concluding the contract, you agree to the processing and use of your personal data (e.g., address) in accordance with the aforementioned notices. 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 tariffs.

d) According to the Federal Data Protection Act, you have a right to free information about your stored data and, if applicable, a right to rectification, blocking or deletion of this data. We ask you to address any such inquiries to the address provided in the provider's imprint. If the personal data stored about you by 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 pursuant to Art. 14 (1) ODR-VO and § 36 VSBG:

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

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

§ 11 Information Obligation according to Battery Law (BattG)

In connection with the distribution of batteries or accumulators or with the delivery of devices containing batteries or accumulators, we are obliged by the Battery Ordinance to point out the following: Batteries must not be disposed of with household waste. As an end-user, you are legally obliged 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 usual quantities by post to us. Batteries or accumulators containing harmful substances are marked with the symbol of a crossed-out dustbin. The chemical name 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 mass percent lead
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 dustbin means that the battery must not be disposed of with household waste.

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

§ 12 Act on the Marketing, Take-back and Environmentally Sound Disposal of Electrical and Electronic Equipment

Since August 13, 2005, manufacturers must take back old electrical appliances placed on the market free of charge. Manufacturers must label their electrical and electronic equipment 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 must not be disposed of as unsorted municipal waste, but must be collected separately and disposed of via local collection and return systems. According to the "ElektroG" law of March 23, 2005, from November 25, 2005, we will 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 applies to the contractual relationship between the seller and the customer as well as to the respective terms and conditions. Consumers with habitual residence abroad can, regardless of the specific choice of law, also invoke the law of the state in which they have their domicile.

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

The delivered products may differ slightly from the illustrations. For example, the partner bracelet offer (MK-948) 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
Unless otherwise agreed by the parties, the right of withdrawal does not apply to the following contracts:

* Contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual choice 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 customized products are excluded from 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) for the settlement of 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/