General terms and conditions of Casita24 OHG
1. Subject matter and scope of these general terms and conditions
(1) These general terms and conditions (GTC) apply to all business relationships between the customer and Casita24 OHG, Industrieweg 40
24955 Harrislee (hereinafter referred to as "Casita24" or "we"). The current version at the time of the conclusion of the contract is decisive.
(2) The terms and conditions of Casita24 apply exclusively. Opposing or deviating terms and conditions of the customer are not recognized by Casita24, unless their validity has been expressly agreed. These terms and conditions also apply if Casita24 is aware of conflicting or deviating terms and conditions of the customer and provides its services to the customer without reservation.
2. Conclusion of contract
(1) The presentation of the products in the online shop is not a legally binding offer, but an invitation to order. Errors excepted.
(2) With the completion of the order process, the customer submits a binding offer to conclude a contract. The contract is effectively concluded when Casita24 accepts the offer. The acceptance of the contract and thus the effective conclusion of the contract takes place immediately after sending by an automated e-mail, which is sent together with the confirmation of receipt of the order.
(3) The customer has the option of printing out the contract text during the ordering process and before the contract is concluded. The customer will be shown the data given when placing the order before the order process is complete, and he can make any necessary corrections.
(4) The customer has no right to conclude a contract. We are free to reject any offer from a customer to conclude a contract without giving reasons.
3. Note on the right of withdrawal
(1) Cancellation policy
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving reasons.
The withdrawal period is fourteen days from the day on which you or a third party named by you, is not the carrier who took possession of the goods. To exercise your right of withdrawal, you must
Phone: +49 461 77315110
Fax: +49 461 77315125Inform
of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, fax or email). You can use the attached sample withdrawal form for this purpose, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send the notification that you are exercising your right of withdrawal before the withdrawal period has expired. </ Strong >
Consequences of revocation
If you withdraw from this contract, we will give you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from the fact that you use a different type of delivery than that of have chosen the cheapest standard delivery offered to us), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. We can refuse the repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier.
You have the goods immediately and in any case no later than fourteen days from the day on which you informed us of the cancellation of this contract, to be returned to us or to be handed over. The deadline is met if you send the goods before the period of fourteen days has expired. You 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 to check the nature, properties and functionality of the goods.
- End of the cancellation policy -
(If you want to cancel the contract, please fill out this form and send it back.)
I / we (*) hereby revoke my / us (*) concluded contract 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)
< br /> _________ _____________________________________________________
Date Signature of the consumer (s) (only when notified on Paper)
(*) Cross out inapplicable
(2) According to § 312b BGB, a right of withdrawal only exists for consumers. If the customer is not a consumer within the meaning of § 13 BGB, there is no right of withdrawal.
(3) The right of withdrawal does not apply to the delivery of goods that are manufactured according to customer specifications or that are clearly tailored to personal needs, or when the delivery of audio or video recordings or software, provided that you have unsealed the data carriers supplied.
(4) Please avoid damage and contamination. If possible, please send the goods back to us in their original packaging with all accessories and all packaging components. If necessary, use a protective outer packaging. If you no longer have the original packaging, please use suitable packaging to provide adequate protection against damage in transit in order to avoid claims for damages due to damage caused by inadequate packaging.
(5) Please note that the modalities mentioned in paragraph 4 are not a prerequisite for the effective exercise of the right of withdrawal.
4. Reservation of title
All delivered goods remain the property of Casita24 until they have been paid for in full.
(1) Payment can be made either by
- By invoice (from the 2nd order on request)
- Direct debit (on request)
- by cash on delivery (on request)
- Cash payment if you collect it yourself (on request)
(2) If you choose the payment method in advance, Casita24 will provide its bank details in the order confirmation and will deliver the goods after receipt of payment.
6. Prices and maturity
(1) The prices of the purchased items are listed in the respective item list and / or item description. The prices quoted include the legally applicable sales tax.
(2) Upon receipt of the order confirmation, the purchase price is due immediately and must be paid to Casita24 within one week at the latest.
(3) If the customer is in default of payment, Casita24 is entitled to demand default interest of 5 percentage points above the respective base rate. The proof of higher damage caused by default by Casita24 remains unaffected by this. The customer has the right to prove that no or less damage caused by default has occurred.
(1) The goods are delivered to the delivery address provided by the customer, unless otherwise agreed.
(2) The delivery time is 4 to 6 working days after receipt of payment. We point out any deviating delivery times on the respective product page.
(3) If the ordered goods cannot be delivered by Casita24's supplier, Casita24 is entitled to withdraw from the contract. The customer will be informed of this immediately. The customer is also advised of the possibility of delivering a comparable product, provided that a comparable, deliverable device is in stock. If there is no comparable product or the customer does not want the comparable product to be delivered, Casita24 will immediately reimburse the consideration already provided by the customer. Further legal claims of the customer remain unaffected.
(4) If the delivery of the goods is not possible because the customer cannot be found at the delivery address specified by him, the customer bears the costs of an unsuccessful delivery, provided that the delivery time has been announced to him within a reasonable period of time. < / p>
8. Transport damage
(1) If goods are delivered with obvious transport damage, the customer should immediately complain about these errors to the deliverer and inform them of the transport damage by email.
(2) Failure to submit a complaint or notification by the customer does not affect the customer's warranty claims. With a complaint and information, however, the customer helps Casita24 to better assert claims against the carrier or the transport insurer.
(1) In the event of defects in the goods, the customer is entitled to statutory warranty rights. An assignment of the customer's warranty claims is not permitted.
(2) The customer is obliged to notify Casita24 of any defects in the goods immediately.
(3) If the supplementary performance takes the form of a replacement delivery, the customer is obliged to return the first delivered goods to Casita24 within 14 days. Casita24 bears the shipping costs.
10. Data protection
11. Limitation of Liability
(1) Casita24 has unlimited liability in the event of intent or gross negligence for all damage caused by Casita24 in connection with the provision of the contractual services.
(2) In the event of slight negligence, Casita24 has unlimited liability in the event of injury to life, limb or health.
(3) In addition, Casita24 is only liable in connection with the provision of its services if Casita24 has violated an essential contractual obligation. In abstract terms, essential contractual obligations are those obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the customer can regularly rely. In these cases the liability is limited to the replacement of the foreseeable, typically occurring damage.
(4) Insofar as Casita24's liability is excluded or limited in accordance with the aforementioned provisions, this also applies to Casita24's vicarious agents.
(5) Liability under the Product Liability Act remains unaffected.
12. Changes to the terms and conditions
Casita24 reserves the right to change these terms and conditions at any time with effect also within the existing contractual relationships. Casita24 will notify customers of such changes at least 6 weeks before the changes are planned to take effect. If the customer does not object within 6 weeks of receipt of the notification, the changes are deemed to have been effectively agreed upon expiry of the deadline. In the notification of change, Casita24 will inform the customer of his right to object and the consequences of an objection. In the event of an objection, Casita24 has the right to terminate the contractual relationship with the customer for the planned entry into force of the changes.
13. Online dispute resolution
In the event of disputes, consumers can choose to settle disputes online as an alternative to court proceedings. The OS platform for online settlement of consumer disputes in accordance with EU regulation No. 524/2013 on online dispute resolution for consumer disputes (ODR regulation) can be found here when activated by the European Commission:
14. Final provisions
(1) The law of the Federal Republic of Germany applies, whereby the UN Convention on Contracts for the International Sale of Goods is excluded.
(2) If the customer is a merchant, legal entity under public law or special fund under public law, the seat of Casita24 is the exclusive place of jurisdiction for all disputes arising from the contractual relationship.
(3) Should provisions of these general terms and conditions be or become ineffective, this shall not affect the validity of the remaining provisions.