- INTRODUCTION
The website www.SalqaPacha.com is owned by Leon Kriszeleit and is referred to as “SalqaPacha”, “we” or “us”. If you place an order through this website and this order is confirmed by us,a sales contract will be executed between you and us, which will be governed by the following SalqaPacha Terms and Conditions and specifically by the Purchase Terms stated below. - PURCHASE TERMS
Please read these Purchase Terms carefully before ordering our products online from the SalqaPacha Website. Please note that these Purchase Terms include the terms contained in those pages to which a link is provided within these Purchase Terms.
2.1 When do the Purchase Terms Apply?
The Purchase Terms apply to all offers and contracts related to the sale and delivery of products by SalqaPacha. It is only possible to deviate from these Purchase Terms if agreed in written form by SalqaPacha.
2.2 Requirements to Conclude a Contract with SalqaPacha
You have to be 16 years of age or older to buy our products via the Website. You can only order on the Website if you are a consumer, not a reseller. You guarantee that the information you provide to SalqaPacha in the request or order is accurate and complete.
2.3 How is a Contract Concluded With You?
All information on the Website is an invitation to treat only. In other words, the information is not an offer or binding contract. You agree that your order is an offer to purchase the products listed in your order. SalqaPacha is entitled to verify an order in advance at all times and/or to refuse to accept an order without providing reasons and with no liability to you or any third parties. If we do not confirm acceptance of your order within ten working days, it is deemed to have been refused. All orders submitted by you are subject to acceptance by SalqaPacha. We may choose not to accept your order at our own discretion. Examples for not accepting your order are as following:
• If products are shown on the Website but are not available;
• If we are unable to obtain authorization of your payment;
• If shipping restrictions may apply to a product;
• If products shown on the Website contain a manifest error such as being incorrectly priced.
After your order has been placed, we will send you an order acknowledgement email with your order number and details of the Products you have offered to purchase and details of any delivery services. Acceptance of your order and the formation of a contract of sale between you and SalqaPacha will not take place unless and you receive an e-mail from us which confirms the shipping of the ordered products.
2.4 Retention of Title
All products will remain the property of SalqaPacha until you have paid all amounts owing to us in full under any agreement, including the payment of costs, earlier or later deliveries or partial deliveries. You may not sell, dispose of or encumber any product before full title thereof has passed to you.
2.5 Quality and Maintenance of Products
Minor differences in color and other variations in products are possible as a result of different image acquisition, display technologies or other technical reasons. SalqaPacha is not liable for these variations and deviations. SalqaPacha is not liable for any damage resulting from incorrect handling of products, including handling contrary to the instructions.
2.6 Order Cancellation
Because we start to work on your order as soon as it is submitted, it is not possible to cancel your order.
2.7 Price
The stated prices on the website include VAT. Prices are quoted in Euro (EUR). SalqaPacha reserves the right to make price changes prior to an order placed by you. SalqaPacha reserves the right to change, limit or terminate any special offers or discounts at any time. SalqaPacha may charge you delivery costs. The delivery costs vary for each product, type of delivery as well as destination.
2.8 Methods of Payment
Please check the Website for information on available payment methods. SalqaPacha reserves the right to conduct an individual credit check for each order in accordance with the SalqaPacha Privacy Statement. Depending on the results of this check, SalqaPacha reserves the right to refuse certain methods of payment.
2.9 Delivery
SalqaPacha will deliver to the address indicated by you. SalqaPacha can only deliver to a home or office. Deliveries will be done on business days, not being a public holiday in your country or in the area in which our products are located. Note that public holidays may vary per country and per year. Note that Delivery periods are indicative and are therefore not regarded as strict deadlines. The mere fact that a delivery period is exceeded does not entitle you to compensation. SalqaPacha is entitled, insofar as reasonably possible, to make split deliveries so that you receive your Products as soon as possible. There are no additional costs associated with such split deliveries. However, in the event that you request that SalqaPacha delivers in parts, SalqaPacha may charge you for extra delivery costs. Each split order shall constitute a separate sales contract. If SalqaPacha is late delivering a part or one split order is faulty, that will not entitle you to cancel any other split order.
2.10 Your Right of Withdrawal
You have the right to withdraw from this contract within fourteen (14) days without giving any reason.
The withdrawal period shall be fourteen days from the date you, or a third party named by you, who is not the carrier, have/has taken possession of the goods or (in the case of a contract for multiple goods that you have ordered in the context of a single order and which are being delivered separately) the final delivery of partial goods or (in the case of a contract for the delivery of an item consisting of multiple partial deliveries or items) the last partial delivery or the last item.
To exercise your right of withdrawal you must inform us (Leon Kriszeleit) Haroldstr. 24, 40213 Düsseldorf, Germany) submitting a clear declaration (e.g. a letter sent by post or an email) stating your decision to withdraw from this contract. To meet the withdrawal period deadline you will need to notify us about the fact that you are exercising your right of withdrawal before the expiry of the withdrawal period.
Returns of clothing items can only be accepted if the original label has not been removed. For returning the product please see the return guidelines under section 2.11 of these purchase conditions. You as customer have to cover shipping expense for returns. Returns not made in accordance with section 2.11 shall be at your own risk. The products – complete, unused and in their original packaging as far as reasonably possible – must be returned to:
Leon Kriszeleit
Haroldstr. 24
40213 Düsseldorf
Germany
The length of time your return is in transit is beyond our control, despite us processing your return immediately upon receipt. A return’s processing period of at least fourteen (14) days – to receive and to process your return – must therefore be allowed. Although SalqaPacha will normally refund the money within approximately three (3) days after processing a return, it may take additional time for a bank or credit card company to process a refund and for the refund to reach an account. We shall notify you via email once we have received and processed the returned product.
Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse all payments we received from you, including delivery charges, immediately and at the latest within fourteen (14) days from the date on which the notification of withdrawal of this contract has been received by us. For this repayment we shall use the same method of payment that you used making the original transaction, unless we arrange a different method with you; you will not be charged any fees for such repayments under any circumstances. We may withhold reimbursement until we have received the returned goods, or until you have submitted proof that you have returned the goods, whichever comes earlier. If you live in Germany, the costs for returning the goods to SalqaPacha will be covered by us. If you live outside from Germany, the shipping costs will have to be covered by you. You must send back or submit the goods immediately, but in any event no later than fourteen (14) days from the date on which you inform us about the withdrawal from this contract. The deadline shall be deemed met if you send the goods before the deadline of fourteen (14) days expires. You only have to pay for any diminished value of goods if this diminished value is due to improper handling on your behalf while ascertaining the nature, characteristics and functioning of the goods.
Exceptions to Your Right of Withdrawal
You do not have a legal right of withdrawal for contracts regarding the delivery of goods which are not suitable to be returned for health or hygiene reasons and where a seal was removed after delivery.
2.11 Return Instructions
To return a product please follow the instructions as set out in our Return & Exchange Guide.
2.12 Exchange Policy
SalqaPacha does not exchange products. If you wish to exchange a product, you will need to return your purchase for refund and place a new order. It is only possible to get a refund on returns when the return is in line with our return policy.
2.13 Damaged or Defective Products
For SalqaPacha, quality is paramount. We thoroughly examine all our products to ensure they are fully capable of standing up to the uses for which they were designed. It is extremely rare for our Products to be damaged or defective. SalqaPacha has a legal obligation to make sure that our Products are conform to the sales contract. Returned Products are inspected SalqaPacha and refunded if the damage is the result of a production error. We undertake to fully refund the cost of any defective Products. If the problem was caused by reasons other than materials quality or production process, the original product is returned to you. We do not refund Products:
• Obtained from a source other than our Website
• Damaged by abuse or negligence (exposure to chemicals, caustic substances, open flame, high heat, sharp object, etc.)
• Damaged by misuse or activities other than the intended purpose (SalqaPacha products are not made for sport activities)
Please note the life expectancy of any SalqaPacha product depends on the individual using the product, the conditions of use, and the characteristic wear patterns of the user. Our products damaged by normal wear and tear or that have exceeded the reasonable lifespan of the product are not replaced. In case you have any questions regarding this, please don’t hesitate to contact us with your questions and comments.
- USE OF THE WEBSITE
Please read these Terms and Conditions for website use (“Use of the Website Terms and Conditions”) carefully before using the Website and any SalqaPacha content on social media websites. These Use of the Website Terms and Conditions apply to all visits and uses of the Website, as well as to the Content (as defined below), information, recommendations, products and services provided to you on or through the Website. By accessing and using the Website, you grant your consent to these Use of the Website Terms and Conditions in their entirety in addition to any other law or regulation that applies to the Website and the Internet. If you do not agree to these Use of the Website Terms and Conditions, please leave the Website immediately.
3.1 Content on the Website
All of the content featured or displayed on the Website, including, but not limited to, logos, icons, trademarks, text, graphics, photographs, images, moving images, sound, illustrations and software (“Content”), is owned by SalqaPacha, its licensors or its content providers. All elements of the Website including, but not limited to, the general design and the Content, can be protected by copyright, moral rights, database rights, trade mark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with SalqaPacha, no portion or element of the Website or its Content may be copied or retransmitted via any means. The Website, its Content and all related rights shall remain the exclusive property of SalqaPacha or its licensors unless otherwise expressly agreed. All such rights are reserved.
3.2 Copyright and Trademarks
The copyright in all Content is and remains owned by SalqaPacha or its licensors as appropriate. Except as may be otherwise indicated in specific documents within the Website, you are authorized to view, play, print and download Content found on the Website for personal, informational, and non-commercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content. You may not reuse any Content without first obtaining the consent of SalqaPacha. For purposes of these terms, the use of any such Content on any other Website or networked computer environment is prohibited. You will not remove any copyright, trademark or other proprietary notices from Content found on the Website.
All trademarks, service marks, logos and trade names which appear on products of SalqaPacha, product packaging and/or on the Website, whether registered or not (the “Trade Marks”) remain the exclusive property of SalqaPacha or its licensors (as appropriate) and are protected by applicable trade mark laws and treaties. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify any of the Trade Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Website, without SalqaPacha’ prior written consent. The use of any of the Trade Marks on any other Website or network computer environment, for example the storage or reproduction of (a part of) the Website in any external internet Website or the creation of links, hypertext, links or deep links between the Website and any other internet websites, is prohibited without the express written consent of SalqaPacha.
3.3 Disclaimer of Warranties
The Website and the Content are free of charge and provided ‘as is’ and without any warranties of any kind. The information on the Website is for general information purposes only and does not constitute advice. SalqaPacha does not represent or warrant that the information and/or facilities contained in the Website are accurate, complete or current, or that the Website or the server that makes the Website available are free of viruses or any other harmful components. Further, SalqaPacha will not provide for specific IT infrastructure or connectivity. Thus SalqaPacha cannot represent or warrant the Website will be uninterrupted or error free. SalqaPacha does not make any warranties or representations regarding the use of the Content on the Website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise, in each case to the fullest extent permitted by applicable law.
3.4 Limitation of Liability
Your use of the Website is at your own risk. Neither SalqaPacha or any other party involved in creating, producing or delivering the Website will be liable for any direct, indirect, special, consequential or other damages that result from the use of, or the inability to use, the Content on the Website, including damages caused by viruses or any incorrectness or incompleteness of the information on the Website, or the performance of the products or otherwise arising out of or in connection with these Use of Website Terms and Conditions, even if SalqaPacha has been advised of the possibility of any such damages.
3.5 Links to Third Parties
For your convenience and to improve the usage of the Website, links to Websites that are owned and controlled by third parties may be provided from time to time. These links take you outside SalqaPacha’ service and off the Website and are beyond SalqaPacha’ control. This includes links to partners that may use the Trade Marks as part of a co-branding agreement. The Websites you can link to have their own separate terms and conditions as well as a privacy policy. SalqaPacha is not responsible and cannot be held liable for the content and activities of these Websites. You therefore visit/access these Websites entirely at your own risk.
Please note that these other Websites may send their own cookies to users, collect data or solicit personal information, and you are therefore advised to check the terms of use and/or privacy policies on those Websites prior to using them.
3.6 Misuse of the Website
You are prohibited from using the Website to post or transmit any User Generated Content (as defined below) which infringes or may infringe third party intellectual property rights or which is threatening, false, misleading, inflammatory, defamatory, invasive of privacy, obscene, pornographic, abusive, discriminating, illegal or which could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or which may otherwise give rise to civil liability or violate any law. SalqaPacha may deny you access to the Website at any time in its sole discretion, and which shall include situations where SalqaPacha believes that your use of the Website is in breach of any of these Use of Website Terms and Conditions and/or applicable laws. You are also prohibited from using the Website to advertise or perform any commercial solicitation.
3.7 User Generated Content
All opinions, remarks, comments, artwork, graphics, photographs, links, questions, suggestions, information, videos and other materials that you or other users of the Website post to the Website or transmit using the Website (“User Generated Content”) will be deemed non-confidential and non-proprietary. Accordingly, SalqaPacha shall have the non-exclusive, royalty-free, right to use, copy, distribute and disclose to third parties any User Generated Content for any purpose, in any medium and throughout the world (license grant). You acknowledge and agree that SalqaPacha only acts as a passive conduit for the distribution of the User Generated Content and is not responsible or liable to you or to any third party for the content or accuracy of the User Generated Content. SalqaPacha shall not be continuously monitoring User Generated Content published by you or moderating between users, nor shall SalqaPacha be under an obligation to do so. Without limit to the generality of the foregoing, you acknowledge and agree that any remarks, opinions, comments, suggestions and other information expressed or included in the User Generated Content do not necessarily represent those of SalqaPacha. Any use by you of the User Generated Content is entirely at your own risk. You represent and warrant that any User Generated Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or personality rights and does not contain any defamatory or disparaging statements. Furthermore, you represent and warrant that you have the capacity to grant the license as stipulated in this paragraph. You agree to indemnify and keep SalqaPacha and its affiliated companies indemnified against all costs, expenses, damages, losses and liabilities incurred or suffered by SalqaPacha or its affiliated companies related to any User Generated Content posted or transmitted by you or your other use of the Website.
SalqaPacha reserves the right at its sole discretion to block or remove (in whole or part) any User Generated Content posted or transmitted by you and which SalqaPacha believes is not in accordance with these Use of Website Terms and Conditions (including materials which infringe or may infringe third party intellectual property rights, rights of privacy or personality rights), or is otherwise unacceptable to SalqaPacha.
You agree to promptly notify SalqaPacha in writing (see How to Contact Us below for contact details) of any User Generated Content (or other Content) which breaches these Use of Website Terms and Conditions. You agree to provide to SalqaPacha sufficient information to enable SalqaPacha to investigate whether such User Generated Content (or other Content) breaches these Use of Website Terms and Conditions. SalqaPacha agrees to make good faith efforts to investigate such complaint and shall take such action as SalqaPacha in its sole discretion decides. However, SalqaPacha does not warrant or represent that it will block or remove (in whole or part) such User Generated Content or other Content.
- MISCELLANEOUS
4.1 How Can You Contact Us?
If you have any questions or comments about the Website or the SalqaPacha Terms and Conditions or in the unlikely event that you wish to make a complaint please don’t hesitate to contact us. You ran reach us via email info@salqapacha.com
Besides, you may also write to us using the following address:
Leon Kriszeleit
Haroldstr. 24
40213 Düsseldorf
Germany
4.2 Priorities
In case of contradiction between SalqaPacha Terms and Conditions and any content contained in other parts of the Website or in links, SalqaPacha Terms and Conditions contained in this document prevail.
4.3 Amendments to the SalqaPacha Terms and Conditions
We reserve the right to make changes to these Terms and Conditions at any time. The use of this Website as well as any purchase agreement executed between you and us, will be subject to the version of the SalqaPacha Terms and Conditions in force at the time you place the order through this Website or the day you browse this Website (as applicable). Please check the SalqaPacha Terms and Conditions periodically for changes.
4.4 Data Protection
SalqaPacha fully respects the privacy of individuals who access and use the Website. For details on the manner in which we use cookies, the type of information we collect, how and for what purpose, we use your information and under what circumstances we disclose information please see our Privacy Statement and Cookie Policy, which are incorporated into and form part of these SalqaPacha Terms and Conditions.
4.5 Severance
Each provision of the SalqaPacha Terms and Conditions shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable from and shall not affect the enforceability of any of the other provisions of these SalqaPacha Terms and Conditions.
4.6 Sub-Contracting and Assignment
SalqaPacha reserves the right to sub-contract, transfer, assign or novate all or any of our rights and obligations under SalqaPacha terms and conditions provided that your rights under SalqaPacha terms and conditions are not affected. You may not sub-contract, assign or otherwise transfer any of your rights or obligations under the SalqaPacha terms and conditions without our consent in writing.
4.7 Events Beyond Reasonable Control
SalqaPacha will be not held responsible for any delay or failure to perform or comply with our obligations under the SalqaPacha terms and conditions when the delay or failure arises from any cause which is beyond SalqaPacha’ reasonable control.
4.8 Applicable Law and Jurisdiction
The SalqaPacha Terms and Conditions shall be governed by the laws of Germany.
German law applies to the sales contract, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). You and SalqaPacha hereby submit to the non-exclusive jurisdiction of the German Courts.
Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
The european commission provides a platform for online dispute resolution (OS) which is accessible at http://ec.europa.eu/consumers/odr/. We are not obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.
