TERMS & CONDITIONS
Article 1 – Definitions
In these general terms and conditions, the terms listed below shall have the following meanings:
Supplementary contract: a contract in which the consumer acquires products in connection with a distance contract and these products are supplied by Inka Heritage or by a third party on the basis of a contract between that third party and Inka Heritage;
Cooling-off period: the period of time within which the consumer can make use of his right of cancellation;
Consumer: a natural person not acting for purposes relating to his trading, business, craft or professional activities;
Day: calendar day;
Digital content: data produced and supplied in digital form;
Durable data carrier: any means – including e-mail – that enables the consumer or Inka Heritage to store information addressed personally to him in a way that facilitates future consultation or use during a period appropriate to the purpose for which the information is intended, and which facilitates the unaltered reproduction of the stored information;
Right of cancellation: the option of the consumer to cancel the distance contract within the cooling-off period;
Inka Heritage: the natural or legal person who offers products to consumers at a distance;
Distance contract: a contract concluded between Inka Heritage and the consumer in the context of an organised system for the distance sale of products in which exclusive or partial use is made of one or more technologies for distance communication up to and including conclusion of the contract;
Standard cancellation form: the European standard form for cancellation included in Appendix I of these general terms and conditions.
Technology for distance communication: means that can be used to conclude a contract without the necessity for the consumer and Inka Heritage to be in the same place at the same time.
Article 2 – Identity of Inka Heritage
Pasaje Angamos 101,
04017 Yanahuara Arequipa
E-mail address: email@example.com
Article 3 – Applicability
These general terms and conditions apply to every offer made by Inka Heritage and to every distance contract concluded between Inka Heritage and the consumer.
If, in addition to these general terms and conditions, specific product or service terms and conditions also apply, the second paragraph shall apply by analogy and in the event of other conflicting terms and conditions, the consumer can always invoke the applicable provision most favourable to him.
Article 4 – The offer
If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If Inka Heritage uses images, these are a true representation of the products offered. Obvious mistakes or errors in the offer are not binding on Inka Heritage.
Every offer contains information that makes clear to the consumer what rights and obligations are attached to accepting the offer.
Article 5 – The contract
Subject to the provisions of paragraph 4, the contract comes into effect at the time the consumer accepts the offer and meets the conditions stated therein.
Inka Heritage will immediately acknowledge by electronic means receipt of acceptance of the offer. As long as receipt of this acceptance has not been confirmed by Inka Heritage, the consumer may cancel the contract.
Inka Heritage will take appropriate technical and organisational measures to secure the electronic data transfer and ensure a safe web environment. If the consumer can pay electronically, Inka Heritage will observe appropriate security measures in that respect.
Within the statutory framework, Inka Heritage is entitled to obtain information about whether the consumer can meet his payment obligations, and about all those facts and factors that are important to a responsible conclusion of the distance contract. If, on the basis of this investigation, Inka Heritage has sound reasons not to enter into the contract, it is entitled, supported by reasons, to refuse an order or enquiry or to attach special conditions to its implementation.
At the latest upon delivery of the product to the consumer, Inka Heritage will e-mail the following information:
the street address of the establishment of Inka Heritage to which the consumer can address complaints;
the conditions under which and the manner in which the consumer can exercise the right of cancellation, or a clear notification regarding the exclusion of the right of cancellation;
information about warranty and existing after-sales service;
the price inclusive of all taxes on the product; the costs of delivery and the method of payment, delivery or performance of the distance contract;
the standard cancellation form.
Article 6 – Right of cancellation
The consumer may cancel a contract relating to the purchase of a product during a cooling-off period of at least 14 days without giving any reasons. Inka Heritage may ask the consumer for the reason for cancellation, but cannot compel the latter to state his reason(s).
The cooling-off period referred to in paragraph 1 commences on the day after receipt of the product by the consumer or a third party previously designated by the consumer who is not the carrier, or:
if, in the same order, the consumer has ordered several products: the day on which the consumer, or a third party designated by him, has received the last product. Inka Heritage may refuse an order for several products with different delivery times provided it has clearly informed the consumer about this prior to the ordering process.
if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;
in contracts for regular delivery of products over a certain period of time: the day on which the consumer, or a third party designated by him, has received the first product.
If Inka Heritage has not provided the consumer with the legally required information about the right of cancellation or the standard cancellation form, the cooling-off period shall expire twelve months after the end of the original cooling-off period, determined in accordance with the preceding paragraphs of this Article.
If Inka Heritage has provided the consumer with the information referred to in the preceding paragraph within twelve months after the effective date of the initial cooling-off period, the cooling-off period will expire 14 days from the day on which the consumer has received that information.
Article 7 – Obligations of the consumer during the cooling-off period
During the cooling-off period, the consumer shall treat the product and packaging with care. He shall only unpack or use the product to the extent necessary to establish the nature, characteristics and functioning of the product. The basic principle in this is that the consumer should only handle and inspect the product in the way he would be allowed to do so in a shop.
The consumer shall only be liable for reduction in value of the product that is a consequence of a manner of handling the product that is beyond what is permitted in paragraph 1.
The consumer is not liable for reduction in value of the product if Inka Heritage has not provided him with all legally required information about the right of cancellation before or at the conclusion of the contract.
Article 8 – Exercise of the right of cancellation by the consumer and the costs thereof
If the consumer exercises his right of cancellation, he shall notify Inka Heritage of this within the cooling-off period using the standard cancellation form or in some other unequivocal way.
As soon as possible, but within 14 days from the day following the day of notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorised representative of) Inka Heritage. This is not necessary if Inka Heritage has offered to collect the product itself. In any case, the consumer shall have complied with the deadline for return if he returns the product before the expiry of the cooling-off period.
The consumer shall return the product with all the accessories supplied, if reasonably possible in their original condition and packaging, and in accordance with the reasonable and clear instructions provided by Inka Heritage.
The risk and the burden of proof for the correct and timely exercise of the right of cancellation lie with the consumer.
The consumer must bear the direct costs of returning the product. If Inka Heritage has not given notice that the consumer has to bear these costs or if Inka Heritage indicates it will bear the costs itself, the consumer does not have to bear the costs of return.
If the consumer exercises his right of cancellation, any supplementary contracts shall be automatically annulled.
Article 9 – Obligations of Inka Heritage in case of cancellation
If Inka Heritage makes notification of cancellation by the consumer possible by electronic means, it shall send an acknowledgement of receipt of such notification immediately upon receipt.
Inka Heritage shall immediately refund all payments made by the consumer, including any delivery charges made by Inka Heritage for the returned product, but at the latest within 14 days after the day on which the consumer notifies it of the cancellation. Unless Inka Heritage offers to collect the product itself, it may wait with refunding until it has received the product or until the consumer demonstrates that he has sent the product back, whichever is the earlier.
In making the refund, Inka Heritage shall use the same payment method as used by the consumer, unless the consumer agrees to a different method. The refund is without costs to the consumer.
If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, Inka Heritage does not have to refund the additional costs of the more expensive method.
Article 10 – Exclusion of right of cancellation
Inka Heritage can exclude the following products from the right of cancellation, but only if Inka Heritage has stated this clearly when making the offer or in any case in good time before the conclusion of the contract:
Products manufactured according to the consumer’s specifications, which are not prefabricated and which are being manufactured on the basis of the consumer’s individual choice or decision, or which are clearly intended for a specific person;
Products that are perishable or have a limited shelf life;
Sealed products that, for reasons of health protection or hygiene, are not suitable to be returned and whose seal has been broken after delivery;
Products that, owing to their nature, have been irrevocably mixed with other products after delivery;
Article 11 – The price
During the period of validity mentioned in the offer, the prices of the products offered will not be increased, except for price changes due to changes in VAT rates.
Contrary to the preceding paragraph, Inka Heritage may offer at variable prices such products as have prices subject to fluctuations in the financial markets and over which Inka Heritage has no influence. The fact of being subject to fluctuations and the fact that any prices mentioned are recommended prices, will be stated in the offer.
The prices referred to in the offer of products are inclusive of VAT.
Article 12 – Performance of contract and extended warranty
Inka Heritage warrants that the products meet the contract, the specifications mentioned in the offer, the reasonable requirements of merchantable quality and/or utility and the legal provisions and/or government regulations existing on the date of conclusion of the contract. Only if expressly agreed, Inka Heritage also warrants that the product is suitable for other than normal use.
An extended warranty offered by Inka Heritage, its supplier, manufacturer or importer can never limit the legal rights and claims that the consumer can assert under the contract against Inka Heritage if Inka Heritage has failed to perform its part of the contract.
Extended warranty means any undertaking by Inka Heritage, its supplier, importer or manufacturer granting certain rights or claims to the consumer that go beyond what it is legally required in case it fails to perform its part of the contract.
Article 13 – Delivery and implementation
Inka Heritage will observe the utmost care when receiving and executing orders for products.
The place of delivery is the address that the consumer has made known to Inka Heritage.
With due regard to what is stated in Article 4 of these general terms and conditions, Inka Heritage shall carry out accepted orders with reasonable speed but at the latest within 30 days, unless a different delivery period has been agreed. If delivery is delayed or if an order cannot or can only be partially carried out, the consumer will be notified of this no later than 30 days after having placed the order. In that case, the consumer is entitled to annul the contract without charge and may possibly be entitled to damages.
After annulment in accordance with the preceding paragraph, Inka Heritage shall immediately refund the amount paid by the consumer.
The risk of damage and/or loss of products rests with Inka Heritage until the moment of delivery to the consumer or to a previously designated representative of whom Inka Heritage has been made aware, unless expressly agreed otherwise.
ARTICLE 14 – Payment
Unless otherwise specified in the contract or supplementary terms and conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the contract.
The consumer is obliged to notify Inka Heritage without delay of any inaccuracies in payment details supplied or stated.
If the consumer fails to meet his payment obligation(s) in good time, then after Inka Heritage has pointed out the overdue payment to him and Inka Heritage has given the consumer a further period of 14 days within which to still comply with his payment obligations, after default of payment within this 14-day period, the consumer shall be charged statutory interest over the outstanding amount and Inka Heritage shall be entitled to charge the extrajudicial collection costs incurred. These collection costs amount to a maximum of: 15% of outstanding amounts to €2,500.00; 10% of the next €2,500.00 and 5% of the next €5,000.00 with a minimum of €40.00. Inka Heritage may deviate from these amounts and percentages to the advantage of the consumer.