Policy
General Terms and Conditions

General Terms and Conditions of Karaca Porzellan Deutschland GmbH Online Shop

The Company Karaca Porzellan Deutschland GmbH c/o Levent Sakar StB, Angemunder Straße 10, 40489 Düsseldorf,, represented by its sole authorized representative Mr. Osman Altan, registered by Düsseldorf Commercial Registration Office under HRB 82807, operates the Online Shop at www.karaca.com.de. 

All orders for products and the purchase of services in this online shop are made exclusively based on the following general terms and conditions, which consist of articles 1 to 14. The version of our general terms and conditions that is valid at the time of the order is decisive.

1) Definitions and scope

The following general terms and conditions are based on the following provisions and their binding interpretation:

If a male term is used in the text of the General Terms and Conditions, this will be understood as meaning both the female and the male form, i.e. both the female and the male form are meant to be non-gender-specific.

Customer is the person, who orders products or services in the online shop.

Online shop is an ordering platform at the website www.karaca.com.de. The Seller is the operator of the online shop, the company Karaca Porzellan GmbH c/o Levent Sakar StB, Angemunder Straße 10, 40489 Düsseldorf,/Germany.

Our products are intended only for legally-competent consumers. The consumer will be construed according to the Section 13 of BGB. Every person over the age of 18 has unlimited legal capacity.

The current version of the Civil Code of the Federal Republic of Germany is valid. The delivery address is the address in the Federal Republic of Germany, to which the customer requests the delivery of the ordered products during the ordering process. The delivery date is the calendar day on which the order will be delivered to the customer by the transportation company according to the normal course of events. Working days are the weekdays from Monday to Saturday, unless they are public holidays according to these General Terms and Conditions.

These general terms and conditions apply to all business relationships between the buyer and the seller Karaca Porzellan Deutschland GmbH c/o Levent Sakar StB., Angemunder Straße 10, 40489 Düsseldorf,, Germany, represented by its sole authorized General Manager Mr. Osman Altan.

2) Conclusion of a contract

The offers are exclusively intended for the consumers and end customers with a delivery address in Germany. For individual bulky products, the possible delivery addresses and delivery location may be restricted; the restriction is displayed on the product detail page. The customer must be of the legal age and legally competent in accordance with the provisions of the Civil Code, i.e. he/she must be older than 18. The conclusion of the contract and all legally binding declarations are made exclusively in German language.

The customer submits a binding offer when he/she completes the online ordering process, providing the necessary information, and clicking the “Order Payment” button in the final ordering step.

The purchase contract between the seller and the customer is only concluded with an explicit declaration of acceptance by the seller. This acceptance occurs with the earlier of the following events, either the sending of the products, the sending of an explicit declaration of acceptance by the seller or the sending of a shipping confirmation by e-mail. The parties of the order, buyer and seller, explicitly agree that the confirmation of receipt of an order does not constitute a contractual declaration of acceptance for the conclusion of a purchase contract according to the above-mentioned scope.

The validity of the contracts for normal household quantities as well as the commercial resale of the purchased products requires explicit confirmation from the seller.

The orders are processed by the seller or by its parent company Karaca Züccaciye Sanayi ve Ticaret Anonim Sirketi, Cumhuriyet Mahallesi Yeni Yol 1 Sk. Now Bomonti Apt. No: 2/12, Postal Code: 3371525803 Şişli/İstanbul (Turkey), and recorded in accordance with the provisions of the 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 legal VAT (currently 19% or 20%) and do not include a flat rate for shipping and, if applicable, any shipping surcharges for bulky products. The shipping costs can vary depending upon the shipping method and type of the products (e.g. shipping products), and are explicitly stated during the ordering process. The prices at the time of ordering apply.

The seller is entitled to object to the purchase contract in accordance with the legal provisions, if an incorrect price is caused by the fault of the provider.

4) Delivery date

Delivery takes place within the working days indicated on the relevant product page (Monday to Saturday- general federal holidays and public holidays in the state of North Rhine-Westphalia are excluded in accordance with the public holiday regulations.) after payment is made to the intermediary bank institution (if paid in advance) or after the conclusion of the contract (if using Online payment procedures, payment by credit card, vouchers issued by the seller, payment by SEPA direct debit or purchase on account). If more than one order of products is placed, Karaca is entitled to make partial deliveries as long as this is reasonable for the customer. When ordering several products, the current delivery times for the products in the shopping cart are decisive for the calculation.

The seller is entitled to withdraw from the contract if the ordered product/products cannot be delivered in spite of the conclusion of the contract. In this case, we will immediately inform the customer and immediately refund the payment made by the customer.

The duration of fulfillment is appropriately extended in case of force majeure; in this case, the duration of the obstacle and a suitable time of resumption must be taken into consideration in the calculation. For the products for which a separate date of start of delivery is indicated in individual cases, the delivery period starts at the earliest with this date.

5) Payment methods and electronic invoice

When making a payment by using the online payment method (e.g. credit card payment, PayPal, etc.) or by voucher, the buyer explicitly authorizes the seller to collect the amounts payable at the time of the order.

When making a payment in advance, the customer must transfer the entire invoice amount to the seller's account, indicating the purpose of payment, within five working days (Monday-Saturday) following the receipt of the order. The seller reserves the property of the purchased item for a period of five working days.

When making a payment by SEPA direct debit, the buyer grants the seller basic SEPA authorization. The advance notification regarding the exact time of the payment (pre-notification) occurs two days before the transaction. The notification will be sent to you with the invoice after the products are shipped.

When making a payment by invoice, the customer undertakes to pay the invoice amount within 14 days following the shipment of the products without any deductions.

When the products are shipped, the invoice will be sent by e-mail or, if no e-mail address is provided, by post to the invoicing address indicated 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 the late payments (e.g. transaction fees, collection fees, reminder fees, late payment interest, charge-back fees).

Offsetting the payment claims of the seller is only allowed against legally-determined or undisputed claims.

6) Reservation of ownership

The purchased product delivered to the customer remains the property of the seller until the entire payment is fully made for all purchased products delivered to the customer.

7) Regulations about Defects

In case of a defect in the purchased and delivered product, the customer is entitled to exercise its legal rights under the legal warranty for defects/liability for defects in addition to any warranty. The limitation period for legal claims for defects is two years and starts on the day of delivery, i.e. on the day that the buyer receives the products. The buyer's legal warranty claims are not limited to a guarantee. However, the special provisions of the Section 8 apply to customer claims.

8) Limitation of Liability

Customer claims for compensation are excluded. Also, the claims for damages by the buyer arising from injury to life, physical integrity or health or from the violation of essential contractual obligations (material 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 appointed agents are excluded. Essential contractual obligations are those obligations, whose fulfillment is required to achieve the purpose of the contract. In case of a violation of the essential contractual obligations, the seller is only liable for the contractual foreseeable damage, if this was caused simply through negligence, unless it is related with the claims for damages of the buyer arising from injury to life, body or health.

The above-mentioned restrictions also apply to the benefit of the seller's legal representatives and appointed agents, if the claims are asserted directly against them.

The provisions of the Product Liability Law are reserved.

9) Right of withdrawal

The customer is entitled to cancel this contract within fourteen days without indicating any reasons.

The cancellation period is fourteen days from the day that the contract is concluded.

To exercise the right of withdrawal, the customer must contact Karaca Porzellan ([insert your name, address, telephone number and e-mail address]) with a clear statement (e.g. a letter sent by post or an e-mail) to notify its decision to withdraw from this contract. The customer can use the enclosed example cancellation form, although it is not mandatory to use this form.

The customer can submit the example cancellation form or another clear statement. If you use this option, we will immediately send you a confirmation (e.g. by e-mail) regarding the receipt of such cancellation.

To comply with the cancellation period, it is sufficient for the customer to send notification of the exercise of the right of cancellation before the cancellation period expires.

The notification of cancellation must be sent to Karaca Porzellan Deutschland GmbH:

Karaca Porcelain Deutschland GmbH

Angemunder Straße 10,

 40489 Düsseldorf,

Telephone number: 0 800 197 80 00

 

If the notification of cancellation is sent by e-mail, we request the customer to send it to the following e-mail address:

E-mail address: info@karaca.com.de

To comply with the cancellation period, it is sufficient for the customer to send notification of the exercise of the right of cancellation before the cancellation period expires.

 

9.1 Consequences of cancellation

If the customer cancels this contract, we will have to refund to you all payments received from you, including delivery costs (except for additional costs arising from you choosing a method of delivery other than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we received your notification of cancellation of this contract. For this refund, we use the same payment method that the customer has used in the original transaction, unless it is otherwise agreed explicitly with the customer; under no circumstances, you will be charged any fees as a result of this refund.

If the customer has requested that the services start during the cancellation period, it must pay us a suitable amount corresponding to the proportion of the services already provided until it notifies us about the exercise of the right of cancellation of this contract compared to the total scope of the services prescribed in the contract.

9.2 Voluntary Return Guarantee (in addition to the Right of Withdrawal)

In addition to the statutory right of withdrawal, we offer you a voluntary return guarantee of a total of 30 days. This consists of:

  • ays statutory right of withdrawal

            16 days voluntary return option

Conditions:

  • Applies only to standard products
  • The product must be unused and undamaged
  • Original packaging and any labels must be intact
  • The return must be received by us no later than 30 days after receipt of the goods

Refund:

  • Will be processed within 14 work days of receipt of the returned goods
  • Refund will be made using the original payment method
  • No fees will be charged for the refund

This voluntary return guarantee does not affect your statutory right of withdrawal, your legal rights regarding product defects, or any warranty claims.

Return Shipping Costs:
It is agreed that in the event of the consumer exercising the right of withdrawal applicable to distance contracts, the consumer shall bear the regular costs of return shipping in accordance with § 357 (2) BGB, provided that the goods delivered correspond to the goods ordered and are free from defects.

The return shipping costs will be automatically deducted from the purchase price during the refund process and offset against it. The amount of the return shipping costs depends on the country from which the return is made and currently amounts to:

  • Germany: €4.99
  • Netherlands: €4.99
  • France: €9.99

A separate return shipping fee is charged for each individual return package.

In the case of defective goods or if the goods do not correspond to the goods ordered, the seller shall bear the return shipping costs. In such cases, the refund will be made without deduction of the return shipping costs.

If the value of the goods is lower than the applicable return shipping costs, the consumer is obliged to contact customer service in advance in order to agree on an appropriate solution

Example cancellation form

The customer can submit the example cancellation form or another clear statement.

This example form should be sent to Karaca Porzellan Deutschland GmbH, Angemunder Straße 10, 40489 Düsseldorf, or to info@karaca.com.de   .

 

Karaca Porzellan Deutschland GmbH

c/o Levent Sakar StB

Angemunder Straße 10

D - 40489 Düsseldorf

 

I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following products (*)/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 paper notifications)

 

 

Date

(*) Delete the non-applicable parts.

 

 

9.2 Exclusion of the right of withdrawal /early expiry of the right of withdrawal

The right of withdrawal does not exist under statutory provisions for contracts:

  • for the delivery of goods that are not pre-fabricated and for the production of which an individual choice or specification by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer.

The right of withdrawal expires prematurely in the case of 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,
  • for the delivery of goods which, after delivery, have been inseparably mixed with other goods due to their nature.

***End of cancellation***

10) Place of jurisdiction/applicable law

The law of the Federal Republic of Germany exclusively applies to the differences of opinion and disputes arising from this contract, excluding the UN Convention on Contracts for the International Sale of Products. The exclusive place of jurisdiction for the orders received from merchants, legal entities under public law or special funds under public law is the competent court in Düsseldorf.

11) Consumer information about the disposal of old electrical devices, accumulators and batteries

Old electrical devices must be separated from residual wastes, and the used batteries and batteries that are not permanently installed in the old devices must be separated before delivering them for garbage. Batteries and accumulators must not be disposed of together with household wastes. The buyer is legally obliged to return the used batteries and accumulators. After the use, the buyer can return the batteries as free of charge to the seller or to the nearby facilities (e.g. warehouses or municipal collection points) for proper disposal.

Batteries and accumulators are marked with a crossed-out garbage can and the chemical symbol of the pollutant, i.e. “Cd” for cadmium, “Hg” for mercury and “Pb” for lead. The symbol used to identify electrical and electronic devices indicates the separate collection of electrical and electronic devices.

The customer can deliver the old electrical devices as free of charge to a nearby municipal collection point (recycling centers). In addition to delivering them to these collection points, the customer can also return the old electrical and electronic equipment by post as free of charge. To obtain a shipping label, the customer must send a request in advance to the e-mail info@karaca.com.de . The customer is obliged to pack the old device safely for transportation, delete personal data stored on the device and remove and dispose of the old batteries properly.

12) Information about online dispute settlement and participation in arbitration trials

The EU Commission has been providing a platform for out-of-court dispute resolution since February 15, 2016. This grants consumers the opportunity to settle the disputes in relation with their online orders without applying to courts. The dispute settlement platform can be accessed through the external link http://ec.europa.eu/consumers/odr/.

The seller always strives to settle any disagreements arising from a contract with the buyer amicably.

The seller is not obliged to participate in a dispute settlement procedure and does not offer to participate in such procedure.

13) Data Protection

To process the contract signed and concluded by and between Karaca Porzellan Deutschland GmbH and the buyer; the personal data of the buyer must be processed. All personal data provided by the customer will be processed exclusively according to the provisions of the applicable data protection regulations.

You can find more information about the processing of personal data in the data protection declaration available at our home page.

14) Validity

These Terms and Conditions replace all previous Terms and Conditions and they come into effect immediately.