Terms & Conditions

1 General, Scope of General Terms and Conditions

1.1 All shipments and services of MaanavKiShayari/MyARKart shall be exclusively governed by the General Terms and Conditions set out below in the version valid at time of order.  Any changes in Terms and Conditions will not be accepted unless agreed expressly in writing.

1.2 Customers in the context of these Terms and Conditions are both consumers and traders. A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. Traders in the context of these Terms and Conditions are natural persons or legal entities or incorporated partnerships engaging in independent occupational or commercial activity upon entering into a legal contract with MyARKart.

2 Entering into contract, initiating contract

2.1 By ordering, you commit yourself to enter into a contract with us.  We can accept this offer by sending you an  e-mail order confirmation within 24 hours after receipt of your order.  The contract shall be deemed to have been entered into when such order confirmation is sent.

2.2 You can order by inputting all data required during the ordering process and then, under “3. Ordering”, send us the order form by clicking the “Finish order” button.  Before finally sending off the order, you will have an opportunity of verifying data and order input and, if required, make changes.  You can correct inputting errors by navigating backwards in the browser or cancelling the ordering process and starting it again.  We will then send you a confirmation of the order by e-mail.

2.3. When ordering online in our online bookstore, the contract is concluded with:

MaanavKiShayari/MyARKart, email – info@myarkart.com

3 Storing the contract text

We store your order and order data inputted.  We will send you an e-mail confirming your order, together with all order data.  You have an opportunity to print out the order as well as the General Terms and Conditions before sending us the order.  Using your customer account, you have access to orders that you placed at all times.

4 Right of cancellation for consumers

The following right of withdrawal only applies to consumers in distance selling

4.1 Cancellation policy for the purchase of books and trade journals without subscription

Cancellation policy

Right of withdrawal

You have the right to cancel this contract 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 or has taken possession of the goods.

In order to exercise your right of withdrawal, you must inform us MaanavKiShayari/MyARKart, email – info@myarkart.com by means of a clear declaration (e.g. a letter or e-mail sent by post) of your decision to withdraw from this contract. You can use the enclosed sample cancellation form for this purpose, which is, however, not mandatory.

To comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the revocation

If you withdraw from this contract, we must refund 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 cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from 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 repayment 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 return or hand over the goods to us without delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods.

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

The right of withdrawal does not apply to distance contracts for the delivery of the books with the exception of subscription contracts.

4.2 Cancellation policy for the purchase of books and trade journals with subscription

Cancellation policy

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reason.

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

In order to exercise your right of withdrawal, you must inform us MaanavKiShayari/MyARKart, email – info@myarkart.com by means of a clear declaration (e.g. a letter or e-mail sent by post) of your decision to withdraw from this contract. You can use the enclosed model withdrawal form for this purpose, which is, however, not mandatory.

To comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the revocation

If you withdraw from this contract, we must refund 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 cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from 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 repayment 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 return or hand over the goods to us without delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods.

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

4.3 Cancellation policy for the purchase of books and trade journals for downloading

Cancellation policy

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day of the conclusion of the contract.

In order to exercise your right of withdrawal, you must inform us MaanavKiShayari/MyARKart, email – info@myarkart.com of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter or e-mail sent by post). You can use the enclosed model withdrawal form for this purpose, which is, however, not mandatory.

To comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the revocation

If you withdraw from this contract, we must refund 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 cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from 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 repayment 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 return or hand over the goods to us without delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods.

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

The right of withdrawal shall expire in the case of contracts for the provision of digital content not on a tangible medium where the consumer is obliged to pay a price if

a) the consumer has expressly consented to the trader commencing performance of the contract before the expiry of the withdrawal period

b) the consumer has confirmed his knowledge that his consent under point (a) extinguishes his right of withdrawal upon the commencement of the performance of the contract; and

c) the trader has provided the consumer with a confirmation in accordance with section 312f (confirmation of contract).

5 Sample cancellation form

(If you wish to cancel the contract, please complete and return this form)

To

MaanavKiShayari/MyARKart

email – info@myarkart.com

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

Ordered on (*)/received on (*)

Name of the consumer(s)

Address of the consumer(s)

Signature of consumer(s) (only in case of paper communication)

Date

(*) Delete where inapplicable

6 Prices and shipment costs

6.1 All prices include the Indian statutory value added tax plus shipment costs.  We ship with 3rd party service providers of our choice.

7 Terms of delivery

7.1. We ship exclusively within India as listed under www.myarkart.com

7.2. Unless stated otherwise in the offer, goods will be shipped within a period of 2 working days after receipt of payment.  If delivery is against invoice, goods are shipped within 2 working days after sending order confirmation, unless stated otherwise in the offer.

8 Payment conditions

8.1 Payment shall be made either by prepayment, by credit card, against invoice or, within India, also by direct debit.  We reserve the right to decline some methods of payment.  When prepayment is chosen, we will quote our bank details in the order confirmation.  The invoice amount has to be transferred to our account within 10 days.  When selecting payment by credit card or by direct debit, your credit card or your account will be debited after sending order confirmation.

8.2 For consumers we retain the ownership of the goods until full payment of the purchase price. If you are an entrepreneur in practice of your commercial or independent activity, a legal entity under public law or public special assets, we retain the ownership of the goods until settlement of all outstanding claims from the business relationship with the buyer. The corresponding security rights are transferable to third parties.

8.3 If you are a consumer, as soon as payment is delayed, interest at a rate of 5% above the base interest rate will be charged for the duration of the delay.  If you are not a consumer, an interest rate of 8% above the base interest rate will be charged for the duration of the delay.  We reserve the right to prove and assert a higher loss due to such delay.

10 Access to the information pool

With the conclusion of a subscription, the customer receives access data (login, password) for the respectively booked information.

11 Obligations of the Customer and access data

11.1 All access data is individualised and may only be used by the respective authorised Customer. The Customer must keep the login and password confidential and protect it against unauthorised access by third parties.

11.2 In case of suspicion of misuse by a third party, the Customer undertakes to notify us immediately. As soon as we become aware of the unauthorised use, the unauthorised Customer’s access will be blocked. We reserve the right to change a user’s login and password; in such a case, the user will be informed immediately.

11.3 The user is responsible at his own expense and risk for providing and securing access to the internet and the software and technical equipment necessary for the use of the offer.

12 Availability

A claim to the use of the information pool on MaanavKiShayari/MyARKart or www.myarkart.com only exists within the scope of our technical and operational capabilities. We endeavour to ensure uninterrupted usability of our services. However, temporary restrictions or interruptions may occur due to technical disruptions (such as loss of power, hardware and software errors, or technical problems with the data lines).

13 Rights of use

13.1 The Customer’s right of use of the information pool on MaanavKiShayari/MyARKart or www.myarkart.com is limited to simple, temporally limited access as well as to the use of the respective services and content available on MaanavKiShayari/MyARKart or www.myarkart.com within the scope of the provisions of these GTC.

13.2 Unless otherwise expressly permitted in these GTC or on MaanavKiShayari/MyARKart or www.myarkart.com, or made available by a corresponding functionality (e.g. add to cart button) on www.myarkart.com, the Customer is only permitted to use the available content for personal use. This right of use is limited to the duration of the subscription. A passing on to third parties is not permitted. The Customer is expressly prohibited from editing, altering, translating, displaying or presenting, publishing, exhibiting, reproducing or distributing the content available on https://brauwelt.com/de in whole or in part. It is also prohibited to remove or modify copyright notices, logos and other trademarks or protective notices.

13.3 Any further rights to the content may be requested by e-mail to info@myarkart.com.

§ 14 Warranty

14.1 If you are a consumer and place an order with MyARKart for a purpose that cannot be regarded as commercial nor could it be deemed to constitute an activity as self-employed, the guarantee is in accordance with statutory provisions.

14.2 Should your order from MyARKart be a commercial transaction, the following shall apply:

14.2.1 Customers have to inspect the goods immediately after receipt to the extent that this is feasible in the normal course of business.  If a defect is found, we have to be informed thereof immediately.  If the customer fails to report a defect, goods shall be deemed to have been accepted, unless the defect is one that could not be noticed during inspection.  If such a defect becomes obvious at a later stage, it has to be reported immediately after having been noticed, goods will otherwise be deemed to have been accepted despite such defect. 

14.2.2 In case of a defect, we shall be entitled to choose the remedy to be applied, taking account of the type of defect and the justified interest of the customer.  In this type of contract, remedy shall be deemed to have failed after an unsuccessful third attempt.

14.2.3 In case of remedy, we shall be obliged to reimburse only expenses arising, in particular costs of transport, travel, labour and material, to the extent that they are not increased due to goods having been subsequently brought to a location other than the customer’s head office or branch office to which shipment was made.

14.2.4 Customer’s claims for defects including claims for damages shall become statute-barred after a period of one year.

15 Customer service

If you have questions, want to lodge a complaint or a claim, our Customer Service is available Monday to Saturday from 7.30 a.m. to 5.00 p.m. and www.myarkart.com

16 Miscellaneous

18.1 Contract languages are in English.

18.2 Should one or more provisions of these General Terms and Conditions be invalid, the remainder of the contract will remain effective.  If provisions are invalid, the contents of the contract shall be interpreted by statutory regulations.

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