§ 1. Scope of application1.1. All orders, services and offers performed by the Indian Goods Co. shall be carried out solely on the basis of the following General Terms and Conditions. These terms and conditions are integral part of all the contracts of any item in the online shop made between the Indian Goods Co. and the customer. A customer is any natural person who purchases for private use only. You may not place any order for commercial purposes. We shall not accept provisions in derogation of these terms unless they have been confirmed by the Indian Goods Co. in writing.
1.2. Oral agreements are not binding. These terms and conditions are valid as well for companies, body corporate organized under public law or public separate assets in terms of § 310 sect. 1 sentence 1 BGB. We hereby disagree with the reference to terms and conditions of one’s own.
§ 2. Contractual partner
The contract of purchase becomes binding with the Indian Goods Co. For more information please check the imprint.
§ 3. Conclusion of contract
3.2. The contractual language is English.
3.3. If the Indian Goods Co. cannot fulfill the order made by a customer or should certain products of an order not be available due to the fault of the supplier or other reasons, then the Indian Goods Co. will reserve the right to withdraw from the sales contract. The customer will be as a matter of course informed and a substitute will be proposed. In case there is no substitute or the customer does not accept the substitute, the customer will get the already paid amount back.
§ 4. Right of Revocation
4.1 Right to Cancel
You have the right to cancel this contract within 14 days without giving any reason.
The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.
To exercise the right to cancel, you must inform us (Indian Goods Co., c/o Vatsala Murthy, Friedberger Landstraße 138, 60316 Frankfurt, Germany / email@example.com) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You may use the attached model cancellation form, but it is not obligatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
§ 5. Effects of cancellation
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement without undue delay, and no later than 14 days after the day we receive back from you any goods supplied. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the 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 the goods or hand them over to us:
Indian Goods Co., c/o Vatsala Murthy
Niddastrasse 64, 60329 Frankfurt, Germany
without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to 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.
§ 6. Payment
6.1. The retail price is payable upon placement of an order.
6.2. The customer can pay the order sum by Paypal or credit card.
§ 7. Delivery
7.1. Unless otherwise agreed the item will be delivered to the customer’s given address.
7.2. If a delivery to a customer is not possible, because the customer was not reachable at the provided delivery address, although the time of delivery was within the stated delivery period or if the address provided was incorrect, then the customer will cover the costs of the unsuccessful delivery.
§ 8. Damages caused by transportation
8.1. The customer as a consumer is requested to complain about delivered merchandise with apparent transport damage to the deliverer and to inform the seller hereof immediately via email to firstname.lastname@example.org
8.2. Missing this complaint or contacting the seller does not affect legal warranty claims, but help us make requirements valid against the carrier.
§ 9. Set-off and retention right
A right to withhold or compensate may be invoked by the customer only when his complaints have been recognized legally or by the Indian Goods Co. or due to counterclaims arising from the contractual relationship.
§ 10. Reservation of title
10.1. All of our deliveries and performances occur under proprietary right. Until the delivered/ordered products have been paid for in full by the customer they remain the property of the Indian Goods Co..
10.2. Before transfer of ownership, the customer is not entitled to pledge, assign as security, process or redesign the item without explicit consent of the Indian Goods Co..
§ 11. Warranty
11.1. The guarantee takes place according to the legal regulations.
11.2. If a warranty claim should occur on a product ordered online, the customer can return it to the contact address provided. Should it arise that the product does not have a fault that falls under warranty then the Indian Goods Co. will bill the customer the costs of carrying out a warranty claim and returning the product to the customer.
§ 12. Liability
12.1. All liability on our part for breach of duties arising from minor negligence shall be barred except where material contractual duties, damage or injury to life, limb or health, guarantees or claims under the Product Liability Act (Produkthaftungsgesetz) are concerned. The above-mentioned disclaimer also applies to negligent breaches of duty on the part of our vicarious agents.
12.2. Furthermore the Indian Goods Co. shall not be liable for the continuous and uninterrupted availability of the online shop Indian Goods Co. nor for technical and electronic errors of the online offer. In addition the Indian Goods Co. assumes no liability as to the completeness or correctness of the saved data material/information.
§ 13. Data storage & protection
All data captured by the Indian Goods Co. is exclusively used and processed by us within the framework of the applicable data protection laws according to our data protection provisions.
§ 14. Links to external pages
14.1. Our content contains links to external websites of third parties. The Indian Goods Co. is not responsible for any contents linked or referred to from its pages - unless the Indian Goods Co. has full knowledge of illegal contents and would be able to prevent the visitors of its site from viewing those pages. If any damage occurs by the use of information presented there, only the author of the respective pages might be liable, not the one who has linked to these pages. However, a constant review of linked external pages is unreasonable without concrete indication of a violation of rights. If we become aware of any violations, we will remove such links immediately.
14.2. Copyrighted content, such as text, graphics, logos, button icons, images, audio & video clips, digital downloads, data compilations and software may not be used, duplicated or published without prior written permission of the Indian Goods Co.
§ 15. Applicable law
These terms and conditions shall be governed by and construed in accordance with the laws of the Federal Republic of Germany and under exclusion from the UN sales law - unless opposed by any obligatory international consumer protection law.
§ 16. Saving of contract data
The Indian Goods Co. saves the contract data of the customers to which the order data and the terms and conditions will be sent via mail. The terms and conditions can be viewed on this website any time. The customer can recall existing and past orders by using the customer login.
§ 17 Final provisions
Should individual clauses in these conditions be or become invalid, the validity of the other clauses or the other parts of such clauses shall remain unaffected. In place of the ineffective regulation the legal specifications apply.