TERMS & CONDITIONS

 

1. Scope

The following T&Cs apply to all orders placed via our online shop.

These T&Cs also apply to businesses for future commercial relations without the need for any formal expression thereof. Unless expressly approved by us to the contrary, we cannot accept the contractual validity of any conflicting or complementary general terms and conditions used by any business.

2. Contractual partners, conclusion of the contract

The purchase contract is concluded with caussa UG (limited liability).

The display of products within the online shop constitutes a binding offer on our part to enter into a contract vis-à-vis the items. You may place our products in your basket without obligation and amend your entries at any time prior to submitting a binding order by using the correction facilities that are provided for this purpose and explained during the ordering process. The contract is formed by clicking on the order button which indicates your acceptance of our offer concerning the goods contained in your basket. Once you have sent your order you will immediately receive a confirmation via e-mail.

The languages available for concluding the contract are German and English.

The text of the contract will not be saved by us.

3. Delivery conditions

Delivery costs are added to the product prices as displayed. Delivery charges are explained within individual product offers.

We only dispatch goods en route; pick up by the customer is not possible.

We do not deliver to post boxes.

4. Payment

In our online shop you may choose from the following payment methods:

PayPal:

After submitting the order, you will be forwarded to PayPal’s online website. To pay the invoice amount via PayPal, you must be registered there or register first, identify yourself with your access data and confirm the payment instructions to us. You will receive additional information during the ordering process.

Directly afterwards, the payment transaction is carried out automatically by PayPal.

Advance payment:

If you select advance payment we provide you with our bank details in a separate e-mail and deliver the goods on receipt of funds.

5. Right to cancel

Consumers are entitled to the statutory right to cancel as described in the instructions on the right to cancel.  Businesses are not granted any voluntary cancellation right.

6. Retention of title

The goods shall remain our property until full payment is made.

For businesses, the following additionally applies: We reserve ownership of the goods until complete settlement of all claims from our ongoing business relationship. You are permitted to sell on reserved goods in the ordinary business operation; you shall assign all claims arising from this onward sale – regardless of connecting or mixing of the reserved goods with a new item – in the amount of the invoice amount to us in advance, and we accept this assignment. You remain authorised to collect the claims, however, we are also permitted to collect ourselves, should you fail to fulfil your payment obligations.

7. Damage during delivery

For consumer the following applies: If the goods are delivered with obvious damage caused during delivery, please report the defect to the carrier and notify us without delay. Failure to make a complaint or to make contact does not in any way affect your legal rights or the enforcement of such rights, notably your warranty rights. However, in doing so you help us to press our own claims against the carrier or transport insurer.

Applicable to businesses: The risks of accidental loss or deterioration of the goods will transfer to you once we have submitted the item to the haulier, carrier or other contractor for forwarding to the defined person or establishment. “Kaufleute” as defined by the German Commercial Code (HGB) are subject to the inspection and notification requirements set out in § 377 HGB: The purchaser must examine the goods immediately after their delivery by the vendor, as far as this is practicable in the ordinary course of business, and upon the discovery of any defect must immediately give notice thereof to the vendor. Should you fail to comply with the instructions set out therein; the goods will be deemed to have been approved unless the defect was not detectable on inspection. This shall not apply if a given defect has been concealed by us deceitfully.

8. Warranty and guarantees

For consumers, statutory warranty rights governed by the law of the country where the consumer has his habitual residence apply.

For businesses, the limitation period for claims for defects is one year from transfer of risk; the statutory limitation periods for the recourse claim under Section 478 BGB [German Civil Code] remain unaffected. With respect to businesses, only our own information and the manufacturer’s product descriptions, which have been included in the contract, are regarded as the agreement regarding the quality of the goods; we assume no liability for public statements of the manufacturer or other advertising statements. If the delivered item is defective, we may initially choose, with respect to entrepreneurs, whether we will provide supplementary performance by rectifying the defect (repair) or by delivering a non-defective item (replacement delivery), at our discretion.

The aforementioned restrictions and shortened time limit do not apply to claims for damages, which have been caused by us, our legal representatives or legal agents

– for injury to life, limb or health

– for deliberate or grossly negligent breach of duty, as well as fraud

– for breach of material contractual obligations, the fulfilment of which make the proper execution of the contract possible at all and which the contracting parties may generally rely on and trust in being complied with

– within the context of a guarantee commitment, where agreed.

Information on any additional guarantees and their precise conditions that may apply can be found next to the product and on specific information pages in the shop, if applicable.

Complaints can be submitted by consumers and businesses:

– in writing to:

Caussa UG (limited liability)

Kapitelstr. 49

48145 Münster

Germany

– by e-mail to the following address: customerservice@caussa.de

When you exercise your warranty rights and we deem it necessary to receive the goods back in order to examine your complaint, you must send back the goods at our cost to the address given above. We are committed to respond to any complaint immediately, but no later than within 14 days of its submission.

9. Liability

We shall in any case be liable without limitation for claims due to damages that have been caused by us, our legal representatives or legal agents

– for injury to life, limb or health

– for deliberate or grossly negligent breach of duty

– for guarantee commitments, where agreed

– towards consumer.

For breach of material contractual obligations, the fulfilment of which make the proper execution of the contract possible at all and which the contracting parties may generally rely on and trust in being complied with, due to slight negligence by us, our legal representatives or legal agents, the amount of liability is limited towards businesses to the foreseeable damages at the time of contract conclusion, the occurrence of which must typically be anticipated.

Ceteris paribus, claims for compensation for damages are excluded.

10. Online dispute resolution

Online dispute resolution according to Art. 14 (1) Regulation on consumer ODR: The European Commission provides a platform for online dispute resolutions (ODR) which can be accessed at http://ec.europa.eu/consumers/odr/.

11. Final provisions

If you are a “Kaufmann” within the meaning of the German Commercial Code (HGB), public-law legal entity or special public-law fund, the exclusive legal jurisdiction for all disputes from contractual relationships between us and you is our registered office.

Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:

The european commission provides a platform for online dispute resolution (OS) which is accessible at http://ec.europa.eu/consumers/odr/. We are not obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.

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