Conditions d’utilisation
OVERVIEW
Welcome to Klimaix! The terms "we", "us" and "our" refer to Kartediem, owner
Yusuf Yigit Ilhan, trading as "Klimaix" (the "Merchant"). The Merchant operates
this store and website, including all related information, content, features,
tools, products and services (the "Services"). Klimaix is powered by Shopify.
These Terms & Conditions, together with our Privacy Policy https://klimaix.com/policies/privacy-policy and our Right
of Withdrawal / Return Policy https://klimaix.com/policies/refund-policy, describe your rights and obligations when
using the Services. Nothing in these Terms limits or excludes any mandatory
statutory rights you have as a consumer under the law of your country of
residence. Where any clause conflicts with mandatory consumer law, the
mandatory law prevails.
Contract language: German and English.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms, you confirm that you are at least 18 years old (or
have the consent of a legal guardian). You may be asked to provide information
such as your email address and billing, payment and shipping details. You
confirm that this information is accurate, current and complete. You are
responsible for the security of your login credentials and for activity in your
account, and may not transfer, sell or license your account to third parties.
SECTION 2 – OUR PRODUCTS
We take care to display our products accurately. Please note that colors and
appearance may vary depending on your device. Product descriptions and
availability may change at any time. We may limit quantities offered to any
person, region or jurisdiction. This does not affect your statutory rights
regarding the conformity of goods received (see Section 16 – Statutory
Warranty).
SECTION 3 – ORDERS AND FORMATION OF CONTRACT
The presentation of products in our store does not constitute a binding offer.
By placing an order (clicking "Buy now" / "Order with obligation to pay") you
make a binding offer to purchase. We then send you an order-received confirmation
by email; this confirmation acknowledges receipt and does not yet conclude the
contract. The contract is concluded when we expressly confirm acceptance of the
order or when we dispatch the goods. If we cannot accept your order, we will
inform you without undue delay and refund any payment already made.
Returns and withdrawal are governed by our Right of Withdrawal / Return Policy
[LINK] and Section 15 below.
SECTION 4 – PRICES AND PAYMENT
All prices are total prices in the applicable currency (EUR for the European
market). As the Merchant is a small business under Sec. 19 of the German VAT Act
(Kleinunternehmerregelung), no VAT is shown or charged separately. Shipping
costs, if any, are shown separately before you complete your order. The price
that applies is the price displayed at the time you place your order and stated
in your order confirmation. Available payment methods are shown during checkout.
SECTION 5 – SHIPPING AND DELIVERY
Delivery times stated are estimates. We ship from EU warehouses and aim for fast
local delivery. For consumers, the risk of loss or damage passes to you only
when you (or a third party designated by you, other than the carrier) take
physical possession of the goods.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services — including trademarks, text, images, graphics, reviews, videos and
audio, and their design, selection and arrangement — are the property of the
Merchant, its affiliates or licensors and are protected by applicable copyright,
trademark and other intellectual property laws. You may use the Services solely
for your personal, non-commercial use. Without our prior written consent you may
not reproduce, distribute, modify, publicly display, republish, download, store,
transmit or create derivative works from any of the materials. The Klimaix name,
logo and slogans are trademarks of the Merchant. Shopify's marks are trademarks
of Shopify. All other marks belong to their respective owners.
SECTION 7 – OPTIONAL THIRD-PARTY TOOLS
You may be given access to third-party tools we neither monitor nor control,
provided "as is" and "as available". Use of such tools is at your own risk and
subject to the relevant third party's terms. This does not affect your mandatory
statutory rights against us regarding our own Services and products.
SECTION 8 – EXTERNAL LINKS
The Services may link to third-party websites we do not control. We are not
responsible for their content. Accessing them is at your own risk; please review
their policies before transacting.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section accurately describes the relationship between
Shopify and your store and should not be removed or altered.]
Klimaix is powered by Shopify, which enables us to provide the Services to you.
However, all sales and purchases you make in our store are directly with the
Merchant. By using the Services you acknowledge that Shopify is not responsible
for any aspect of sales between you and the Merchant. Nothing in this section
limits your mandatory statutory rights against the Merchant.
SECTION 10 – PRIVACY
All personal data we collect is processed in accordance with our Privacy Policy
[LINK] and, where applicable, Shopify's Privacy Policy. Because the Services are
hosted by Shopify, personal data may be transferred to and processed by Shopify
and its sub-processors, including in countries outside your country of residence,
subject to appropriate safeguards under the GDPR.
SECTION 11 – FEEDBACK
If you submit ideas, suggestions, reviews or other content ("Feedback"), you
grant us a non-exclusive, worldwide, royalty-free license to use, reproduce,
modify, publish and display that Feedback in connection with the Services. You
confirm you hold the necessary rights to the Feedback, that it does not infringe
third-party rights, and that it contains no unlawful or malicious content. We may
remove Feedback that is unlawful or objectionable but are not obliged to monitor
it.
SECTION 12 – ERRORS AND CORRECTIONS
Information in the Services may occasionally contain typographical errors or
inaccuracies (e.g. in descriptions, prices or availability). We may correct such
errors and update information at any time. Where an obvious pricing error
occurs, a contract for the erroneous price is not concluded; we will inform you
and you may re-order at the correct price. This does not affect contracts already
validly concluded.
SECTION 13 – PROHIBITED USES
You may use the Services only for lawful purposes. You may not use them to break
any law; infringe intellectual-property or other rights; harass or defame others;
submit false information; distribute spam or malware; scrape or extract data by
robots, spiders or automated means; or interfere with the security of the
Services. We may suspend or terminate access for material or repeated breaches.
SECTION 14 – AGENTS
14.1 These "Agent Terms" apply if you use or enable an Agent to access the
Services. "Agent" means software or a service acting autonomously or
semi-autonomously on behalf of a person without direct supervision.
14.2 No Agent may access the Services unless it identifies itself at all times
per Section 14.4, and not at all if we have asked it to stop.
14.3 We may restrict, including by technical means, whether and how Agents access
the Services.
14.4 Agents must: (i) state in every HTTP/HTTPS request that it comes from an
Agent, disclosing the name via "Agent/[Agent name]" in the User-Agent string;
(ii) not conceal that access comes from an Agent (e.g. by imitating humans or
bypassing CAPTCHAs); (iii) answer truthfully whether interactions are human or
automated; and (iv) not circumvent measures controlling Agent access.
SECTION 15 – RIGHT OF WITHDRAWAL (CONSUMERS IN THE EU)
Consumers have a statutory right to withdraw from the contract as follows.
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving
any reason. The withdrawal period is 14 days from the day on which you, or a
third party other than the carrier indicated by you, acquire physical possession
of the goods (for an order of multiple goods delivered separately: the last
item).
To exercise the right of withdrawal, you must inform us —
Kartediem, Yusuf Yigit Ilhan, Allmandring 26, 70569 Stuttgart, Germany,
email: contact@kartediem.com, phone: +49 176 55750771 —
of your decision to withdraw by an unequivocal statement (e.g. a letter by post
or an email). You may use the model withdrawal form below, but it is not
obligatory. To meet the deadline, it is sufficient to send your communication
before the withdrawal period expires.
Effects of withdrawal
If you withdraw, we will reimburse all payments received from you, including
standard delivery costs (except supplementary costs arising from your choice of a
delivery type other than the cheapest standard delivery we offer), without undue
delay and no later than 14 days from the day we are informed of your withdrawal.
We use the same means of payment you used, at no fee to you. We may withhold
reimbursement until we have received the goods back or you have supplied proof of
return, whichever is earlier.
You must send back or hand over the goods without undue delay and no later than
14 days from the day you notify us of your withdrawal. The deadline is met if you
send the goods before the 14 days expire.
[RETURN-COST DECISION — choose one and keep only one line:]
• "You will bear the direct cost of returning the goods." (default)
• "We will bear the direct cost of returning the goods."
You are only liable for any diminished value of the goods resulting from handling
them beyond what is necessary to establish their nature, characteristics and
functioning.
Model withdrawal form
(Complete and return this form only if you wish to withdraw from the contract.)
To: Kartediem, Yusuf Yigit Ilhan, Allmandring 26, 70569 Stuttgart, Germany —
contact@kartediem.com
— I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of
sale of the following goods (*):
— Ordered on (*) / received on (*):
— Name of consumer(s):
— Address of consumer(s):
— Signature of consumer(s) (only if this form is notified on paper):
— Date:
(*) Delete as appropriate.
SECTION 16 – STATUTORY WARRANTY (GEWÄHRLEISTUNG)
The statutory rights on defects (statutory warranty / Gewährleistung) apply to
all goods, generally for two years from delivery for consumers. Nothing in these
Terms excludes or limits these rights. Any manufacturer's guarantee, if offered,
applies in addition to and does not affect your statutory rights.
SECTION 17 – LIABILITY
We are liable without limitation for damages arising from injury to life, body or
health caused by our negligent or intentional breach of duty; for damages caused
by our intent or gross negligence; under the German Product Liability Act
(Produkthaftungsgesetz); and to the extent we have assumed a guarantee.
For slightly negligent breach of an essential contractual obligation (an
obligation whose fulfillment makes proper performance of the contract possible
and on whose observance you may regularly rely), our liability is limited to the
foreseeable damage typical for this type of contract.
Any further liability is excluded. The above limitations also apply to breaches
of duty by, and in favor of, our legal representatives, employees and agents.
SECTION 18 – INDEMNIFICATION (BUSINESS/UNLAWFUL USE ONLY)
If you use the Services in breach of these Terms for purposes outside your
private consumer use — in particular unlawful use or use infringing third-party
rights — you will indemnify us against third-party claims arising from that
breach, including reasonable legal costs, to the extent you are responsible for
the breach. This Section does not apply to the ordinary consumer use of our
Services and does not limit your statutory rights.
SECTION 19 – SEVERABILITY
If any provision of these Terms is or becomes invalid, the validity of the
remaining provisions is unaffected. The invalid provision is replaced by the
applicable statutory rule.
SECTION 20 – ENTIRE AGREEMENT; CHANGES
These Terms, together with the policies referenced herein, constitute the
agreement between you and us for your use of the Services. We may amend these
Terms for valid reasons (e.g. changes in law or our services); we will notify you
of material changes in accordance with applicable law, and such changes will not
apply retroactively to contracts already concluded.
SECTION 21 – ASSIGNMENT
You may not assign your rights or obligations under these Terms without our prior
written consent. We may assign these Terms to a successor of our business,
provided your rights are not diminished.
SECTION 22 – GOVERNING LAW AND JURISDICTION
These Terms are governed by the law of the Federal Republic of Germany, excluding
the UN Convention on Contracts for the International Sale of Goods. If you are a
consumer, this choice of law does not deprive you of the mandatory consumer
protections of the country in which you have your habitual residence (Art. 6
Rome I Regulation). Mandatory statutory rules on the jurisdiction of courts for
consumers remain unaffected.
SECTION 23 – CONSUMER DISPUTE RESOLUTION
The European Commission's Online Dispute Resolution platform was discontinued in
2025 and is therefore no longer available. We are neither obliged nor willing to
participate in dispute-resolution proceedings before a consumer arbitration board
(Verbraucherschlichtungsstelle) within the meaning of the German VSBG.
SECTION 24 – HEADINGS
Headings are for convenience only and do not affect the interpretation of these
Terms.
SECTION 25 – CONTACT INFORMATION
Questions about these Terms: shop@kartediem.com
Kartediem – Owner: Yusuf Yigit Ilhan (brand / shop: Klimaix)
shop@kartediem.com
Allmandring 26, 70569 Stuttgart, Germany
Phone: +49 176 55750771
Commercial register: not registered (sole proprietorship)
VAT ID: none – small business under Sec. 19 German VAT Act (UStG)