§ 1 Scope of Applicability, Contract Language, Formalities
(1) The General Terms and Conditions (hereinafter referred to as "GTC") reproduced here apply both to private customers (consumers) and to business customers (entrepreneurs) (hereinafter jointly referred to as "customers"). For the purposes of these GTC, a "consumer" is any natural person who concludes the contract for a purpose which cannot be attributed to either his commercial or his self-employed professional activity (§ 13 BGB) and an "entrepreneur" is a natural or legal person or a partnership with legal capacity who acts in the exercise of his commercial or self-employed professional activity when concluding a legal transaction (§ 14 sub-sec. 1 BGB). Insofar as deviations arise from the consumer or entrepreneur status with regard to the applicability of individual provisions of these GTC, there will be a specific differentiation by means of terminology within the respective clause.
(2) All offers, deliveries and other services based on and in connection with orders placed by the customer are subject to these GTC. Unless otherwise agreed, these GTC shall apply in the version valid at the time of the order. In relation to entrepreneurs, these GTC shall also apply as a framework agreement in the version last notified to the entrepreneur in text form for similar future contracts without us having to refer to them again in each individual case also. Our GTC shall apply exclusively. Deviating, conflicting or supplementary general terms and conditions of the customer shall only become part of the contract if and to the extent that we have expressly agreed to their validity. This requirement of consent shall apply in any case, even if we proceed with the delivery to the customer in full knowledge of the customer's general terms and conditions without reservation.
(3) These GTC apply in particular to contracts for the sale and/or delivery of movable items (hereinafter referred to as "goods"), irrespective of whether we manufacture the goods ourselves or purchase them from suppliers (§§ 433, 651 BGB).
(4) Individual agreements with the customer in individual cases (including side agreements, amendments and modifications) shall always have priority over these GTC. Subject to the evidence to the contrary, a contract or our confirmation in text form shall prevail regarding the content of such agreements.
(5) The language available for the conclusion of the contract is exclusively German. Translations of these GTC into other languages only serve informational purposes. In the event of any conflicts between the different language versions, the German text shall take precedence.
(6) Legally relevant declarations and notifications of the customer in relation to the contract (e.g. setting of deadlines, notice of defects, withdrawal, reduction of purchase price or revocation) require text form (e.g. letter, e-mail, fax). This also includes a modification or revocation of this text form clause, unless the customer proves that the parties have intentionally waived this clause verbally in awareness of the text form requirement. Statutory formal requirements and further proof, in particular in case of doubt regarding the legitimacy of the declarant, remain unaffected.
(7) The currently valid version of these GTC can be downloaded from the website www.lacadde.com and printed out.
§ 2 Applicable Law, Mandatory Consumer Protection Regulations
(1) As an entrepreneur the application of the laws of the Federal Republic of Germany excluding the United Nations Convention on Contracts for the International Sale of Goods is agreed.
(2) As a consumer the laws of the Federal Republic of Germany shall also apply excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG), if
(a) your general residence is in Germany, or
(b) your general residence is situated in a state not being member of the European Union.
(3) In the event that as a consumer your residence is in a member state of the European Union, German law applies provided this stipulation is not in conflict with mandatory rules of the state in which your residence is situated. Such rules shall remain unaffected.
§ 3 Contractual Partner/Provider Identification
Your contractual partner and user of these GTC is:
La Caddé GmbH (hereinafter „La Caddé“)
Managing Director: Mr. Hassan Haidar
Registered in the commercial register of the district court Steinfurt under HRB 12516
§ 4 Conclusion of Contract
(1) The presentation of the goods in our online shop does not constitute a legally binding offer, but merely an invitation to place an order (invitatio ad offerendum).
(2) By clicking the “Place Order“-button in the last step of the order process, you submit a binding offer for the purchase of the goods displayed in the order overview. Immediately after submitting the order, you will receive an order confirmation, which however does not yet constitute the acceptance of your contract offer. A contract between you and us is concluded as soon as we accept your order by means of a separate email or dispatch the goods. Please check the spam folder of your mailbox, regularly.
(3) In our online shop, you can select products for purchase by putting them into a virtual shopping cart by clicking on the respective button (“Add to Cart”). To finish the order, you can go to the shopping cart, from where you will be guided through the remaining part of the order process. Following the product selection in the shopping cart and the specification of all required order and address data in the subsequent step, a page will open, which summarizes the essential product specifications including the costs that will be incurred. Up to this stage, you can correct your entries or decide not to enter the contract. Only by subsequently clicking the button “Place Order“, you will place a binding order pursuant to the previous subsection (2).
§ 5 Information on Adjustments of Orders
To place an order, you start by placing the desired goods in the shopping cart. There you may modify at any time the desired quantity or delete goods completely. If you have placed goods in the shopping cart, you can continue the order process by clicking on the “Proceed“-buttons. First, you will get to a page where you can enter your data and then choose the shipping and payment method. Finally, you can review your entries on the overview page that will open. You can correct entry errors (e.g. with respect to the payment method, data or quantity), by clicking on “edit” or “delete“ next to the respective field. If you wish to cancel the order process completely, you can simply close your browser window. Otherwise, by clicking the confirmation button “Place Order“, your declaration becomes binding in the meaning of § 4 subs. 2 of these GTC.
§ 6 Storage of Contractual Provisions
You will receive the contractual provisions together with information on the goods ordered including these GTC and the information on the right of withdrawal by email upon acceptance of the contract offer or together with the notification thereof. We do not store the contractual provisions for you. Before sending the order, the contract data can be printed or electronically saved using the browser's print function.
§ 7 Collecting, Saving and Processing of your Personal Data
(1) In our online shop you may order goods as a guest or after opening a customer account. With a customer account you must not enter your personal data every time you use our online shop, but you may log on to your customer account before or during an order with your e-mail address and the password, which you have chosen during the registration process.(2) In order to process your order, we need the following data from you:
– your first and family name or company name
– your email address
– your postal address
– telephone number
– payment details
To open a customer account, you must provide us with your first and family name, your email address as well as a password chosen by you.
(3) Without your separate consent, we will only use your personal data to process and fulfill your orders, e.g. for delivery to your address. If you pay by bank transfer, we also use your banking data to carry out your payment. A use of your personal data for the purpose of advertising or market research, requires your explicit separate consent.
(4) Your data will be saved in your customer account until you delete it yourself. In addition, or if you order as a guest (without opening a customer account), we save your data according to our obligations under commercial and tax laws.
(5) As far as your personal data changes, you are personally responsible for its update. All amendments can be made online after log in under “My Account“.
§ 8 Payment Conditions
The purchase price is due immediately after placing the order. The following payment methods are available to you in our webshop. As a payment service provider we use the BS PAYONE GmbH.
When using PayPal you will be redirected to the website of PayPal. There you must log in to your PayPal account and then have the option - depending on the functionality of your PayPal account - to arrange the payment by credit card, direct debit or debit from your PayPal account. Further information about the PayPal payment system can be found at http://www.paypal.de/de.
After placing the order you will be forwarded to the website of the online provider Sofort GmbH. In order to be able to pay the invoice amount via Sofort, you must have an online banking account with PIN/TAN procedure that has been activated for participation in Sofort, legitimize yourself accordingly and confirm the payment order to us. You will receive further information during the ordering process. The payment transaction will be carried out immediately afterwards and your account will be debited.
When you place your order, you also send us your credit card details. After your legitimation as a legitimate cardholder, we request your credit card company to initiate the payment transaction immediately after the order has been placed. The payment transaction is carried out automatically by the credit card company and your credit card account is debited.
§ 9 Retention of Title
(1) The goods shall remain our property until full payment is made. If you fall behind with your payment more than 10 days after due date, we reserve the right to withdraw from the contract and to reclaim the goods.
(2) As an entrepreneur, you are entitled to resell the goods subject to retention of title in the ordinary course of business. In this case, however, you hereby assign to us all claims arising from such resale in the amount of the invoice value of our claim, regardless of whether this resale takes place before or after any processing of the goods delivered under retention of title. Irrespective of our authority to collect the claim ourselves, you remain authorized to collect the claim even after the assignment. In this context, we undertake not to collect the claim ourselves as long as and to the extent that you meet your payment obligations, no petition for the opening of insolvency or similar proceedings have been filed against your assets and there is no suspension of payments. If the above-mentioned securities exceed the claims to be secured by more than 10%, we shall be obliged to release the securities at our discretion upon your request.
§ 10 Delivery Conditions
(1) We deliver the goods pursuant to the agreements made. In principle, the delivery is made by the shipping company DHL. Goods are generally only delivered in normal household quantities. Arising shipping costs are listed in the summary of the essential product specifications and will be indicated separately on the invoice.
(2) If we do not deliver the goods or do not deliver them in accordance with the contract, you as an entrepreneur must grant us a grace period of 2 weeks to effect performance. Otherwise, you as an entrepreneur are not entitled to withdraw from the contract.
(3) As an entrepreneur, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay in the case of shipment sales shall pass to the entrepreneur upon delivery of the goods to the freight forwarder, the carrier or any other person or institution designated to carry out the shipment.
§ 11 Right of Revocation
(1) As a consumer, you are entitled to a statutory right of revocation upon conclusion of a distance selling transaction, about which we will inform you in accordance with the statutory provisions below. According to § 312c BGB, a distance selling transaction is a consumer contract for the delivery of goods or (financial) services which is concluded exclusively by means of distance communication, i.e. by telephone, fax, letter or e-mail.
Information on the Right of Revocation
Right of Revocation
You have the right to revoke this contract within 14 days without giving any reason.
The revocation period will expire after 14 days from the day on which you, or a third party indicated by you, other than the carrier, acquires physical possession of the good – in case of several goods: the last good -.
To exercise the right of revocation, you must inform us
La Caddé GmbH
of your decision to revoke this contract by an unequivocal statement (e.g. a letter sent by post, fax or email). You may use the attached model revocation form, which, however, is not obligatory.
To meet the deadline for revocation, it is sufficient for you to send your notice of execution of the right of revocation before the revocation period has expired.
Effects of Revocation
If you revoke this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to revoke this contract. We will conduct such reimbursement using the same payment method you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earlier point in time.
You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your revocation of the contract to us. The deadline will be met if you send back the goods before the period of 14 days has expired.
You will have to bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods, to the extent that such diminished value results from your handling of the goods, which was not necessary to establish the nature, characteristic and functioning of the goods.
End of the Information on the Right of Revocation
(2) We inform you about the model revocation form in accordance with the statutory regulations as follows:
Model Revocation Form
If you wish to revoke the contract, please fill out this form and return the completed form to us.
La Caddé GmbH
I/we (*) hereby give notice that I/we (*) revoke my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*):
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Ordered on . . . . . . . . . (*),received on . . . . . . . . . .(*)
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(Name/s of the consumer/s)
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(Address/es of the consumer/s)
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(Signature/s of the consumer/s, only if this form is notified on paper)
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* Complete as appropriate.
§ 12 Warranty for Purchased Goods
(1) If the delivered goods purchased in our online shop are defective, you are entitled as a consumer, within the scope of statutory provisions, to request rectification, to withdraw from the contract or to reduce the purchase price. As an entrepreneur, you are entitled within the scope of statutory provisions to demand fulfilment in the form of remedy of defects or delivery of a defect-free item. In the case of a contract with an entrepreneur, La Caddé shall have the right to choose the type of subsequent performance. If the subsequent performance fails, you as an entrepreneur are entitled to reduce the purchase price or to withdraw from the contract if the legal requirements are met. The prerequisite for any warranty rights as an entrepreneur is that you duly fulfil all inspection and complaint obligations pursuant to § 377 HGB (German Commercial Code).
(2) The place of performance for La Caddé's subsequent performance obligation shall be our registered domicile.
(3) For consumers the limitation period of warranty claims for the delivered goods is two years from the time of receipt of the goods. For entrepreneurs the limitation period for warranty claims for the delivered goods - except in the case of claims for damages - is 12 months from the time of receipt of the goods.
(4) Any claims due to defects maliciously concealed by us will expire within the normal limitation period.
(5) Moreover, you shall also have rights for defects within the scope of guaranteed properties and/or durability, provided that we expressly granted such a guarantee in the individual case with respect to the item sold.
§ 13 Limitation of Liability
(1) We are liable for intent and gross negligence. Further, we are liable for the negligent breach of obligations, whose fulfillment is essential to enable the ordinary implementation of the contract, whose breach jeopardizes the achievement of the purpose of the contract and on whose compliance you as a customer may rely on, regularly. In the last-mentioned case, we are only liable for the foreseeable, typical contractual damage. We are not liable for slight negligent breach of other obligations than those mentioned in the above sentences. The abovementioned exclusions of liability do not apply in case of damage of life, body and health. The liability pursuant to the product liability law remains unaffected.
(2) Based on the current state of art, data communication via the internet cannot be guaranteed to be error-free and/or available at any time. We are not liable for constant and continuous availability of our online shop.
§ 14 Final Provisions/ODR-Platform
(1) The GTC stipulated herein are complete and comprehensive. In avoidance of any doubt or dispute between the parties regarding the content of the agreement, any amendments and changes of these GTC shall be made in text from.
(2) If, at the time of conclusion of this contract, you as a consumer had your place of residence or your general abode in Germany and you relocated it to a location outside of Germany at the time of commencement of proceedings by us or if your place of residence or general abode is unknown at this time, the jurisdiction for all disputes shall be the domicile of our company in Lengerich.
(3) If the customer is a merchant in terms of the HGB (German Commercial Code), the place of performance and exclusive place of jurisdiction for all disputes arising from or in connection with this contract shall be Lengerich.
(4) We would like to point out that, besides the legal recourse, there also exists the possibility of an extrajudicial resolution pursuant to regulation (EU) no. 524/2013. For details, please see regulation (EU) no. 524/2013 and the website http://ec.europa.eu/consumers/odr.
Our e-mail address is: firstname.lastname@example.org
We inform you according to § 36 VSBG (German Consumer Dispute Settlement Act) that we are not under the obligation to take part in an extrajudicial resolution proceeding pursuant to the VSBG (German Consumer Dispute Settlement Act).
(5) Should individual provisions of this contract be invalid, this shall not affect the validity of this contract as a whole.
(6) It is always very important to La Caddé to offer all services in a manner which is fully compliant with all applicable laws. Should you still see yourself injured in your rights, you are welcome to contact us informally so that we can quickly obtain, implement or enforce your legitimate claims, even without a legal dispute. We are happy to always listen to your concerns even without legal assistance.