Terms and Conditions

§ 1 Scope and Provider

(1) These Terms and Conditions (hereinafter "T&Cs") apply to all contracts concluded via the online shop www.indian-culture.de (hereinafter "Shop") between the Provider and the Customer.

(2) The Provider is: Savin Kumar Kapoor, Indian Culture, Altländer Straße 32, 21614 Buxtehude, Germany. Email: info@indian-culture.de

(3) Deviating terms of the Customer will not be accepted unless the Provider expressly agrees to their applicability in writing.

(4) By placing an order, the Customer confirms having read, understood, and accepted these T&Cs. The T&Cs in force at the time of the order become part of the contract.

§ 2 Conclusion of Contract

(1) The presentation of products in the Shop does not constitute a legally binding offer but a non-binding invitation to place an order (invitatio ad offerendum).

(2) By submitting an order, the Customer makes a binding offer to purchase the items in the shopping cart.

(3) The contract is concluded only upon acceptance of the offer by the Provider. Acceptance occurs through an express declaration (order confirmation by email) or by delivery of the goods. An automatic order receipt confirmation does not constitute acceptance of the offer.

(4) The Provider reserves the right to reject orders without giving reasons, particularly in cases of suspected misuse, incorrect pricing, or unavailability of goods.

§ 3 Prices and Payment

(1) All listed prices are final prices in Euro and include statutory VAT. Shipping costs are shown separately and added to the product price.

(2) Payment is made via the payment methods offered in the Shop (credit card, PayPal, Apple Pay, Google Pay). The purchase price is due and collected upon order completion.

(3) If the Customer defaults on payment, the Provider is entitled to charge default interest at 5 percentage points above the base rate. Higher damages may also be claimed.

(4) The Customer has no right of set-off unless counterclaims are legally established or undisputed. A right of retention can only be exercised insofar as the counterclaim is based on the same contractual relationship.

§ 4 Delivery and Shipping

(1) Shipping is via Hermes to the delivery address specified by the Customer. For orders of 69.00 EUR or more (goods value), shipping within Germany is free.

(2) Delivery time is usually 2–5 business days after receipt of payment. The Provider gives an estimated delivery time but does not guarantee compliance with this deadline. Delays due to force majeure, strike, pandemics, regulatory orders, or shipping provider delays are not the Provider's responsibility.

(3) The risk of accidental loss and deterioration of goods passes to the Customer upon handover to the shipping provider if the Customer is a business consumer. For private consumers, the risk passes only upon delivery to the Customer.

(4) Partial deliveries are permitted if reasonable for the Customer and no additional shipping costs arise.

(5) The Customer is obligated to inspect delivered goods immediately upon receipt for completeness and visible transport damage. Transport damage must be reported to the Provider in writing by email within 24 hours of receipt. After this period, goods are deemed properly and undamaged delivered, unless hidden defects are involved.

(6) If delivery cannot be made for reasons attributable to the Customer (e.g., wrong address, non-acceptance, non-pickup at parcel locker), the Customer bears the costs of unsuccessful delivery and return shipping. The Provider is entitled to cancel the contract after a second unsuccessful delivery attempt and refund payments minus shipping and processing costs.

§ 5 Right of Withdrawal

(1) Consumers generally have a 14-day right of withdrawal under § 312g BGB (German Civil Code).

(2) The right of withdrawal does NOT apply to the following contracts (§ 312g para. 2 BGB):

• Contracts for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded (§ 312g para. 2 no. 2 BGB). This applies to all food in our range, as the quality and safety of food cannot be guaranteed after shipping.
• Contracts for the delivery of sealed goods unsuitable for return for reasons of health protection or hygiene if their seal was removed after delivery (§ 312g para. 2 no. 3 BGB). This applies to all food products whose original seal has been opened.
• Contracts for the delivery of goods that, after delivery, have been inseparably mixed with other goods due to their nature (§ 312g para. 2 no. 4 BGB).

Note: Since our entire product range consists of food, the right of withdrawal is excluded for all orders under § 312g para. 2 no. 2 and no. 3 BGB. By placing an order, the Customer confirms acknowledgment of this exclusion.

§ 6 Liability for Defects and Complaints

(1) The Provider is liable for material defects according to applicable statutory provisions, in particular §§ 434 ff. BGB.

(2) For food products, liability for defects is limited to the time of delivery up to the printed best-before date, provided the goods have been stored properly. The Customer bears the burden of proof for proper storage after receipt.

(3) Complaints based on defects must be reported in writing by email to order@indian-culture.de within 48 hours of receiving the delivery. The complaint must include: order number, exact description of the defect, and meaningful photos of the affected goods and packaging. Complaints without photo documentation will not be processed.

(4) For justified complaints, the Provider decides at its own discretion whether to provide a replacement delivery, credit, or (partial) refund. There is no right to a specific type of remedy, provided the chosen type is reasonable for the Customer.

(5) The following reasons are expressly excluded from liability for defects:

• Taste deviations based on personal preferences of the Customer
• Minor deviations in color, shape, size, or weight of products, which are typical and customary for natural products
• Damage caused by improper storage after receipt (e.g., unrefrigerated storage of cooling-required products, direct sunlight, moisture)
• Damage caused by improper use of products
• Expiration of the best-before date after proper delivery
• Deviations in product packaging or design compared to the Shop presentation, provided the product properties are not significantly affected
• Delivery delays not attributable to the Provider

(6) The warranty period for consumers is two years from delivery. For businesses, the warranty period is reduced to one year from delivery.

§ 7 Limitation of Liability

(1) The Provider is liable without limitation for damages from injury to life, body, or health, as well as for intent and gross negligence.

(2) In case of slight negligence, the Provider is only liable for breach of essential contractual obligations (cardinal duties). In these cases, liability is limited to foreseeable, contract-typical damage, but at most to the order value.

(3) The Provider is not liable for indirect damages, consequential damages, lost profits, or damages from loss of data.

(4) The Provider is not liable for intolerances, allergic reactions, or health impairments attributable to allergies, intolerances, or pre-existing conditions not disclosed by the Customer. The Customer is solely responsible for checking product descriptions and ingredient lists before consumption.

(5) Liability under the Product Liability Act remains unaffected.

§ 8 Discount Codes and Promotions

(1) Discount codes cannot be combined with other promotions, vouchers, or discounts unless expressly stated otherwise.

(2) Discount codes are non-transferable, non-refundable, and have no cash value. Only one discount code can be redeemed per order.

(3) The Provider reserves the right to modify, restrict, or revoke discount codes at any time without notice, particularly in cases of suspected abuse.

(4) For partial cancellations or refunds of orders with a discount code, the discount is proportionally offset. If the remaining order value falls below any minimum order requirement of the discount code, the discount is forfeited completely.

§ 9 Customer Account

(1) Use of the Shop requires creating a customer account. The Customer is obligated to provide truthful and complete information and keep it current.

(2) The Customer is responsible for keeping access credentials confidential. The Provider is not liable for damages from unauthorized use of the customer account unless attributable to the Provider.

(3) The Provider reserves the right to suspend or delete customer accounts without notice in cases of suspected abuse, violation of these T&Cs, or unlawful conduct.

§ 10 Product Descriptions and Images

(1) The presentation of products in the Shop serves general information. Images are exemplary and may deviate from the actual product (e.g., packaging design, coloring, size proportions). Such deviations do not justify complaints.

(2) Product names, ingredient lists, and nutritional information may change due to manufacturer changes. Always authoritative is the information printed on the delivered product.

(3) The Provider strives for correct and current product information but assumes no warranty for completeness and accuracy of product information displayed in the Shop. The Customer is obligated to always check information on the original packaging in case of allergies, intolerances, or dietary requirements.

§ 11 Retention of Title

(1) The delivered goods remain the Provider's property until full payment of all claims from the respective purchase contract.

(2) The Customer is obligated to handle the reserved goods carefully. In particular, the Customer is not entitled to resell the reserved goods to third parties before full payment is made.

§ 12 Data Protection

Information on the collection and processing of personal data can be found in our Privacy Policy.

§ 13 Changes to T&Cs

(1) The Provider reserves the right to change these T&Cs at any time with effect for the future. The current version is available on the website.

(2) For contracts already concluded, the T&Cs valid at the time of the order apply.

§ 14 Final Provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) If the Customer is a merchant, legal entity under public law, or special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the Provider's place of business (Buxtehude).

(3) Should individual provisions of these T&Cs be or become invalid, the validity of the remaining provisions remains unaffected. The invalid provision is replaced by a regulation that comes closest to the economic purpose of the invalid provision.

(4) The contract language is German.