AGB

General Terms and Conditions (GTC) and Consumer Information Status: 01/2015

§ 1 Scope and general information (1) Subject to individual agreements and arrangements which take precedence over these GTC, the following General Terms and Conditions shall apply exclusively to the business relationship between the Seller and the Customer. Unless otherwise agreed, the inclusion of the customer’s own terms and conditions is objected to. (2) The customer is a consumer if he concludes the contract for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. On the other hand, an entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.

§ 1 Scope and general information (1) Subject to individual agreements and arrangements which take precedence over these GTC, the following General Terms and Conditions shall apply exclusively to the business relationship between the Seller and the Customer. Unless otherwise agreed, the inclusion of the customer’s own terms and conditions is objected to. (2) The customer is a consumer if he concludes the contract for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. On the other hand, an entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.

§ 2 Conclusion of contract (1) The contract is concluded with: Everest Geschenk Basar GmbH Lange Reihe 48 D-20099 Hamburg (2) The essential characteristics of the goods result from the respective product description posted by the seller. (3) All offers in the Seller’s online store are merely a non-binding invitation to the Customer to submit a corresponding purchase offer to the Seller. Once the Seller has received the Customer’s order, the Customer will first be sent a confirmation of his order with the Seller, usually by e-mail (order confirmation). The order confirmation does not yet represent the acceptance of the order. Upon receipt of the customer’s order, the seller will check it at short notice and inform the customer within 2 working days whether it accepts the order (order confirmation). The ordering process in the seller’s online store works as follows: (4) The Customer may select products from the Seller’s assortment and collect them in a so-called shopping cart by clicking the “Add to Cart” button. By clicking on the button “Shopping cart” the customer gets an overview of the selected products. By clicking on the “Buy now” button, the customer submits a binding request to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the entered order and the entered data at any time by using the browser functions “Back” and “Next” shown as arrow keys. The application can only be submitted and transmitted if the customer has accepted these contractual terms and conditions by clicking on the “Accept GTC” button and has thereby included them in his application. The seller then sends the customer an automatic confirmation of receipt by e-mail, in which the customer’s order is listed again and which the customer can print out using the “Print” function. The automatic acknowledgement of receipt merely documents that the seller has received the customer’s order and does not constitute acceptance of the application. The contract is concluded only by the submission of the declaration of acceptance by the seller, which is sent with a separate e-mail.

§ 3 Subject matter of the contract, quality, delivery, availability of goods (1) The subject matter of the contract shall be the goods and services specified by the customer within the scope of the order and stated in the order and/or order confirmation at the final prices stated in the online store. Errors and mistakes there are reserved, especially with regard to the availability of goods. (2) The quality of the ordered goods results from the product descriptions in the online store. Illustrations on the website may only represent the products inaccurately; colors in particular may deviate considerably for technical reasons. Pictures are for illustrative purposes only and may differ from the product. Technical data, weight, dimension and performance description are given as precisely as possible, but may show the usual deviations. The properties described herein do not constitute defects of the products delivered by the Seller. (3) If no copies of the product selected by the Customer are available at the time of the Customer’s order, the Seller shall inform the Customer of this in the order confirmation. If the product is permanently not available, the seller refrains from a declaration of acceptance. A contract is not concluded in this case. (4) If the product designated by the Customer in the order is only temporarily unavailable, the Seller shall also notify the Customer thereof without undue delay in the order confirmation. In the event of a delay in delivery of more than two weeks, the customer has the right to withdraw from the contract. In this case, the seller is also entitled to withdraw from the contract. In this case, he will immediately refund any payments already made by the customer.

§ 4 Delivery, prices, shipping costs (1) Delivery to the shipping company shall take place no later than two days after receipt of the money, in case of payment by cash on delivery no later than two days after the order confirmation. The delivery time is up to five days. The seller will indicate any deviating delivery times on the respective product page. (2) Delivery is made only within the EU. (3) All item prices include the statutory value added tax. The indicated prices are retail prices plus shipping costs. The customer receives an invoice with VAT shown.

§ 5 Payment Payment is made in advance (PayPal, bank transfer) or cash on delivery.

§ 6 Transport damage (1) If goods are delivered with obvious transport damage, the customer is requested to immediately complain about these defects to the delivery agent and to contact the seller as soon as possible. (2) Failure to make a claim or to contact the Seller shall have no consequences for the Customer’s statutory warranty rights, but shall help the Seller to be able to assert its own claims against the carrier or the transport insurance.

§ 7 Warranty for material defects (1) The Supplier shall be liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff BGB. (2) A guarantee exists for the goods delivered by the supplier only if this was expressly given in the order confirmation for the respective item. (3) Complaints and claims for liability for defects can be made at the address given in the provider identification.

§ 8 Retention of title Until full payment, the delivered goods remain the property of the seller.

§ 9 Liability The statutory regulations apply.

§ 10 Contract text The text of the contract is stored on the internal systems of the seller. The customer can view the General Terms and Conditions at any time in his customer account. The order data and the GTC will be sent to the customer by e-mail. After the order is completed, the order data is no longer accessible via the Internet for security reasons.

§ 11 Right of withdrawal

You have the right to withdraw from any contract concluded on this website within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.

To exercise your right of withdrawal, you must inform us (company Everest Geschenkbasar GmbH, Lange Reihe 48, 20099 Hamburg, telephone number: 040246724, fax number: 04028056366, e-mail address: everestgb@aol.com) by means of a clear declaration (e.g. a letter sent by post or an e-mail) of your decision to withdraw from this contract. You can use the enclosed sample revocation form for this purpose, but it is not mandatory.

In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the revocation

If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.

We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must send or hand over the goods to us immediately and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract, or, if you so wish, to the sender of the goods. The deadline is met if you send the goods before the deadline of fourteen days.

You bear the direct costs of returning the goods.

You only have to pay for any loss of value of the goods if this loss of value is due to the handling of the goods which is not necessary for the inspection of the condition, properties and functioning of the goods.

Sample cancellation form If customers wish to cancel a purchase agreement made through this website, please fill out this form and return it to: Everest Geschenk Basar GmbH Lange Reihe 48 D-20099 Hamburg fon: +49 (0) 40- 24 67 24 fax: +49 (0) 40- 280 56 366 E-mail: everestgb@aol.com I hereby revoke the purchase contract I concluded on the website www.art-of-nepal.de. about the purchase of the following goods/ Ordered on received on Name of the customer Address of the customer Date End of the cancellation policy

§ 12 Final provisions (1) The contractual language is German. (2) Contracts between the Seller and the Customers shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws on the international sale of movable goods. This choice of law shall apply to consumers only to the extent that the protection afforded to the customer by mandatory provisions of the law of the country of the consumer’s habitual residence is not withdrawn. (3) If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Seller shall be the registered office of the Seller. This shall also apply if the customer does not have a general place of jurisdiction in Germany or the EU, or if his place of residence or habitual abode is unknown at the time the action is brought.

Source (except § 11, cancellation policy): Attorney at Law Metzler – Attorney at Law for Competition Law, Trademark Law and Copyright Law