Terms and Conditions

General Terms and Conditions

of SAKKARA / Rising Fortune GmbH & Co. KG, Hubertusstr. 38, 76532 Baden-Baden (as per August 1st, 2010)


§1 General information

For all business realtion between SAKKARA / Rising Fortune GmbH & Co. KG and purchaser (client) following valid Terms and Conditions of Sales will be agreed upon explicitely. All other agreements and supplementary conditions will not be accepted by SAKKARA / Rising Fortune GmbH & Co. KG, unless SAKKARA / Rising Fortune GmbH & Co. KG confirmed same in writing.


§2 Prices

All prices of Sakkara print catalog / online shop are stated in EURO including current legal VAT. Price lists for special client groups (e.g. merchants) may vary.


§3 Retention of title

Until full settlement of all titles against the client, property of goods delivered remains with SAKKARA / Rising Fortune GmbH & Co. KG. Furthermore the client has to handle goods purchased properly and with care as long as title has not yet been passed to him/her.


§4 Conclusion of contract/rescission

1. Description of items in either print catalog and/or onlineshop of SAKKARA / Rising Fortune GmbH & Co. KGare only for information of customers. It's not a quotation for conclusion of contract in the sense of German Civil Code § 145. Contractory obligations, e.g. in the sense of a guaranty of delivery, are not yet mandatory for SAKKARA / Rising Fortune GmbH & Co. KGat this point.

By sending an order to Sakkara GmbH, the customer states a binding quotation for conclusion of contract. Should individual specifications be faulty on the website or in the print catalog, Messrs. Sakkara GmbH will inform the client accordingly after receipt of order. Sakkara GmbH will submit a counter offer for this type of merchandise.

Conclusion of contract with Messrs. Sakkara GmbH will only be realized, when Messrs. Sakkara GmbH accept the client's offer. A separate declarqation of Messrs Sakkara GmbH towards the client will not be necessary.

2. Messrs.SAKKARA GmbH is also entitled to rescind the contract in part or full, resp. prolong delay of delivery, if following occurs: a) Delivery due to Force Majeur or other occurences that are not withing Sakkara's responsibility b) a supplier of Messrs. SAKKARA / Rising Fortune GmbH & Co. KG does not supply them with goods ordered. Should the items ordered not be on stock - or only in part, SAKKARA / Rising Fortune GmbH & Co. KG will inform the client accordingly.


§5 Return guarantee / Warranty

We want our customers to be fully satisfied with the items we deliver! Of course our goods are subject to legal warranty clause as per German Civil Code.

1. Obvious defects have to be stated in writing to SAKKARA / Rising Fortune GmbH & Co. KG by the purchaser within 4 weeks afer delvery of contract merchandise.

2. The purchaser can choose if the statutory supplementary performance should be done either by supplementary performance or by replacement. Messrs. SAKKARA / Rising Fortune GmbH & Co. KG are entitled to object to the means of supplementary performance chosen by the purchaser, if it can be done only with unduly efforts and costs and other means of supplementary performance will be without considerable disadvantages to the purchaser. While a supplementary performance is in progress, no reduction of purchase price or revocation of agreement by the purchaser will be possible. An amendment will be considered ineffetive after the 2nd failed try, if by nature of goods or defect or other circumstances nothing else arise. Should the supplementary performance really fail or Messrs. SAKKARA / Rising Fortune GmbH & Co. KG deny the overall supplementary performance, the customer mac choose either a mark-down of purchase price (reduction) or revocation of agreement.

3. The customer is only allowed to make indemnity claims because of defect, if the supplementary performace has failed or Messrs. SAKKARA / Rising Fortune GmbH & Co. KG have denied supplementary performance. The customer's right for assertation of future indemnity claims, following conditions enumerated hereinafter, remains unaffected thereby.

4. Messrs. SAKKARA / Rising Fortune GmbH & Co. KG are fully liable without limiting previous regulations and limitation of liability stated hereinafter for damages to life, body and health whcih are due to a careless or premeditated neglect of their legal representatives or their vicarious agents. Messrs SAKKARA / Rising Fortune GmbH & Co. KG are also liable for damages contained according to the Product Liability Act, as well as for all damages that result from premeditated or grossly negligent breach of contract as well as malice of their legal representatives or vicarious agents. Messrs SAKKARA / Rising Fortune GmbH & Co. KG are further liable for statements of appearance and workmanship and/or guarantee for product wear concerning the goods delivered or parts thereof. Within the frame of this guarantee damages due to appearance and workmanship guaranteed or wear guaranteed, but which do not show immedaitely with the goods, Messrs. SAKKARA / Rising Fortune GmbH & Co. KG are only liable if the rist of such damage is clearly covered by the guarantee for appearance and workmanship as well as wear. Messrs. SAKKARA / Rising Fortune GmbH & Co. KG also are liable for damages caused by simple carelessness, if said carelessness concerns the breach of contractual obligations, that have to be observed absolutely in order to achieve fulfillment of contract. Messrs SAKKARA / Rising Fortune GmbH & Co. KG are only liable if damages are connected in a typical way to the contract and are predictable. In case of simple carelessness of secondary obligations that are not important for the contract, Messrs. SAKKARA / Rising Fortune GmbH & Co. KG are not liable. Also, limitations of liability enumerated in this passage are valid as soon as liability of legal representatives, executives and other vicarious agents are concerned. A further liability is excluded without care of the legal nature of the claim made. Should liability of Messrs. SAKKARA / Rising Fortune GmbH & Co. KG be excluded or limited, this is also valid for the personal liability of their clerks, employees, agents and vicarious agents.

5. Period of Warranty is 2 years, period starting at passing of risk. This period also is valid for claims on compensation for damages due to defective material, as long as no claims from tortious acts are made.


§6 Return and exchange of goods

Please observe that most of the merchandise supplied by Messrs. SAKKARA / Rising Fortune GmbH & Co. KG are handmade. Small degrees of variations in color and a few changes in a model therefore never can be fully excluded.

Return of goods: please follow either instructions in our summary for international customers (first inner page of our print catalog - "in a nutshell") or the more detailed description hereinafter, resp. on the revers of the invoice you'll get with each delivery.

After receipt of goods returned every customer will get automatically a written statement of receipt. Refunds will be done non-cash only to either bank or credit card account as stipulated by the client. For return of goods resulting of prepaid consignments or those paid C.O.D. Messrs. SAKKARA / Rising Fortune GmbH & Co. KGwill need valid account data for transfer of refunds.

Returns:

Please follow instructions as per detailed data sheet included with delivery. This document should state all necessary information on return of goods from abroad, as well as domestic returns.

How to proceed for domestic clients:

1. Please use return sheet delivered together with the goods for return packages within Germany.

2. For easy control of goods returned please mark them on the return sheet and also note the quantity returned!

3. Please mark items separately that you want to exchange and also let us know which item you want in exchange.

Attention: For each exchange shipment we'll charge again postage, which we did not in the past years.

4. Place return sheed in the parcel.

5. Stick return-label on the outside of the parcel. Thus your return parcel has sufficient postage cover and you'll save costs.

Please note: We do not accept parcles sent not-prepaid - these will be refused acceptance and returned against an added fee to you!

6. Fill in receipt of posting on the revers side, pick-off control part showing the barcode and stick it on the parcel.

Attention: Please keep the posting number that the German post will hand out - it's your proof should s.th. go wrong and a search has to be initiated.

How to proceed for international clients
Unfortunately we don't have the means to offer such a prepaid service for our international client. Therefore we kindly ask you to put sufficient postage on your return parcels. Should a return become necessary because we made a mistake (e.g. we packed the wrong item/size/color) we will refund the postage you paid. If you are not sure how to proceed, please call or write an e-mail prior to sending the parcel.

For all non-EC countries: because of custom clearance for returned items including a copy of invoice is mandatory!


§7 Information on delivery and shipping costs

Information on delivery and shipping costs
We're supplying goods (normal amounts) to the purchaser's address, if not stipulated differently by same. All information on probable delay of delivery are not binding, unless a specific date of delivery has been confirmed explicitely.

Messrs. SAKKARA / Rising Fortune GmbH & Co. KG are not liable for loss of gain or other financial loss of the purchaser.

All orders will be delivered as soon as possible by insured parcels through Deutsche Post AG (resp. their co-contractors abroad). Should acceptance be refused, Messrs. SAKKARA / Rising Fortune GmbH & Co. KG will be entitled to claim damages because of non-fulfillment of contract amounting to the loss incurred.

In case a client orders without having settled payment of previous orders - or should the client have returned debit notes, Messrs. SAKKARA / Rising Fortune GmbH & Co. KG reserve the right to supply said client only on prepayment or - if client lives in Germany - against C.O.D.

Minimum order value for domestic shipments is 20,- EUR
Minimum order value for international shipments is 35,- EUR

Domestic postage:
Messrs v are bearing most of the costs involved in sending of goods. For postage and packing for domestic shipments Messrs SAKKARA / Rising Fortune GmbH & Co. KG will charge a flat-rate of currently 5,90 EUR. In case of a back order the client pays postage fee of 5,90 EUR only for first partial shipment, back order shippings costs for domestic shipments will be paid by Messrs. SAKKARA / Rising Fortune GmbH & Co. KG. Please note that for an exchange not caused by fault of Messrs SAKKARA / Rising Fortune GmbH & Co. KG the postage/packing fee will be charged again for exchange shipment.

International postage:
For international shipments costs are charged as they incur (depending on weight and country). Postage fees will be stated separately on your invoice.


§8 Transport damages

Kindly check your parcel upon receipt for visible damage and have them confirmed on delivery sheet. The client is required to state any damage incurred in transport to Deutsche Post AG him-/herself. At the same time it would be best to send copy of such information to Messrs. SAKKARA / Rising Fortune GmbH & Co. KG in order to fulfill all legal obligations for insurance coverage.


§9 Disclaimer for external links

Messrs. SAKKARA / Rising Fortune GmbH & Co. KG have links to other internet sites on their homepage. For all these links apply: Messrs. SAKKARA / Rising Fortune GmbH & Co. KG declares explicitly that they do not have any influence on design and content of the linked sites. Therefore they distance themselves formally from all contents of linked sites of third parties to be found at www.sakkara.de, www.bauchtanzwelt.de as well as their subdomains and forwarding and they do not adopt the contents of these sites. This declaration applies for all links displayed and for all contents of the sites to which these links forward.


§10 Copyrights

All copyrights are with Messrs. SAKKARA / Rising Fortune GmbH & Co. KG. Using pictures without explicit assent is not allowed.

§11 Privacy policy

All data necessary for business handlings are saved within the limits of order processing. For advertising purposes Messrs. SAKKARA / Rising Fortune GmbH & Co. KG may process and use such individual-related data, but the purchaser can veto any time. After receipt of veto Messrs. SAKKARA / Rising Fortune GmbH & Co. KG will refrain from further sending of advertising material.
For credit assessments as well as for marketing purposes Messrs. SAKKARA / Rising Fortune GmbH & Co. KG maintain their own data files and reserve right to obtain information within legal limits through credit agencies, banks, credit report companies, a. s. o.
The customer agrees to this explicitly.


§12 Miscellaneous

Contracts and all legal relations of the contracting parties are subject to German Federal Law, to the exclusion of United Nations Convention on Contracts for the International Sale of Goods (CISG).

Vendor identification SAKKARA / Rising Fortune GmbH & Co. KG
Hubertusstrasse 38
D-76532 Baden-Baden
Germany

Tribunal court: Tribunal court Mannheim
Commercial register no.: HRA 702475
VAT-ID: DE266749209

Managing director:
Andreas Strauß, Dipl.Ing. (FH)

Information about Online Dispute Resolution: Under the ODR Regulation, the European Commission will establish a European Online Dispute Resolution platform (also called ODR platform). The ODR platform is a web-based platform that is specifically designed to help consumers who have bought goods or services online and subsequently have a problem with that online purchase. It allows consumers to submit their contractual dispute and conduct the ADR procedure online: http://ec.europa.eu/consumers/odr/

* incl. VAT, plus shipping