General terms and conditions for Casa De Coca
Status: October 2021
§1 Scope of application
- These general terms and conditions (hereinafter “GTC”) apply to all contracts for the delivery of goods that a consumer or Entrepreneur
(hereinafter “customer” (f / m / d)) with CdC Trading Company GmbH,
represented by the managing director Beatrice Graf, Steinstrasse 69, 81667 Munich (hereinafter “seller”) on the website https://casa-de-coca.com
(hereinafter “CdC Shop”).
- The current version of the General Terms and Conditions will be displayed to the customer when placing an order. Deviating contractual conditions of the customer are not binding for the seller, unless the seller confirms their validity in writing or in text form.
- “Consumer” has the meaning set out in Section 13 of the German Civil Code, “Entrepreneurs” are those according to Section 14 of the German Civil Code.
§2 Registration to the CdC-Shop
- The customer is free to create an account for the use of the CdC shop or just place an order as a guest. As a guest the order data are blocked after the order has been processed and only used to clarify any warranty or other contractual claims or for other purposes specified by law.
- The registration as a customer in the CdC shop is free of charge. To register, the customer must provide his first and last name, billing address and optionally enter a delivery address and an e-mail. He then receives an email with a confirmation link and a system-generated one Password. Only when the confirmation link is clicked is the account activated and the contract concluded for the customer account. The seller confirms the successful creation of the account to the customer by email. Within the customer account, the customer has the option of adding data his means of payment, shipping options as well as billing and to store shipping addresses. In addition, his orders are saved via the customer account.
- The password for the customer account must be kept secret. The customer is responsible for orders from third parties via his account, insofar as he has culpably caused them.
- The customer has to keep the data of his account up to date. A change to the delivery address in the customer account after placing an order will no longer be taken into account. In such a case, the customer must use the contact seller immediately.
- The customer account can be terminated by the customer at any time, by the seller with a notice period of four weeks. Already done and still to be executed orders in the CdC shop remain unaffected by the termination. In addition, both parties have the right to extraordinary termination.
§3 Conclusion of contract and delivery
- The order in the CdC shop takes place in four steps: In the first step, the customer selects the desired goods. In the second step, the customer gives his data including billing address and, if necessary, different delivery address. If the customer is already registered, the customer data is automatically imported as soon as he logs in logged in. In the third step, the customer chooses his payment method. In the last step, the customer has the opportunity to provide all information (e.g. name, address, method of payment, items ordered) again check and, if necessary, correct them before placing their order by clicking on “Buy now”. If the data is entered incorrectly during the during the ordering process or not filling in the mandatory fields, an appears corresponding error message with correction notice.
- The seller’s CdC shop only represents a sales prospectus. The presentation of the products on the website encourages the customer to submit offers (orders). The customer passes through click the “Buy Now” button to take out an offer purchase contract. The seller then confirms receipt of the order by email. This email does not imply acceptance of the offer.
- Since the purchase price for all means of payment available in the CdC shop is collected in advance immediately after the order is placed, the order with processing of the payment by the seller accepted. If there should be deviations from this regulation in individual cases, the offer will be accepted by the seller via e-mail or the timely delivery of the goods accepted.
- The order and contract data are saved by the seller.
§4 Rights of withdrawal of customers
Consumers generally have a right of withdrawal with regard to their order too. You will be informed about this in a separate instruction when you place your order.
§5 Delivery, delivery time, Services, delay in delivery
- The delivery time for the goods is indicated on the CdC shop. She is usually 4-5 working days for deliveries within Germany.
- The seller only delivers if both the delivery address and the billing address are within the EU or Switzerland. Delivery to PO Box addresses and post offices is excluded.
- Unpredictable obstacles such as strikes, lockouts, force majeure, war, operational and transport disruptions, local or global pandemics as well as local and global delivery crises, which affect the seller or his subcontractors or suppliers and make delivery difficult or impossible, entitle the seller to appropriately set the delivery period extend, or – at your option – to withdraw from a contract that has not yet been fulfilled. This also applies to delays in delivery that have already occurred. The customer can request the seller to do so within two weeks explain whether the seller wants to withdraw from the contract or will deliver within a reasonable grace period. Will not be from the seller if the declaration is made, the customer can withdraw from the part of the contract that has not yet been fulfilled.
§6 Shipping and shipping costs
In order to guarantee safe transport, the seller sends only insured packages are excluded sample orders. Maxi letters or parcels in the case of pure sample orders are sent uninsured as consignments, whereby the shipping costs are to be paid by the buyer or customer in the case of pure sample orders. Different arrangements can be made. This requires the written form and the consent of the seller. Minimum order values may apply to shipments. These are displayed when the customer orders.
§7 Retention of title
- The seller retains ownership of the goods (reserved goods) until all existing and future goods have been paid for in full arising claims from the business relationship with the customer, including existing current account claims and including all balance claims from a current account.
- The seller is entitled to take back the delivered item and to withdraw from the contract if the customer behaves contrary to the contract, in particular in the event of default in payment. The request for surrender does not constitute an exercise of the seller’s right of withdrawal. When processing (combining / mixing) with others, not the goods belonging to the customer by himself, the provisions of §§ 947, 948 BGB apply with the result that the co-ownership share of the seller of the new item in the ratio of the net invoice value of the seller’s goods as reserved goods within the meaning of this condition. Provided the processing, (connection, mixing) in the way if the customer’s item is to be regarded as the main item, it is agreed that the customer will share ownership with the seller on a pro rata basis transfers and manages the resulting sole or joint ownership for the seller.
- The resale of the reserved goods is only possible for the customer ordinary business dealings and on the condition that he also agrees on retention of title with his contractual partners in accordance with the preceding paragraphs. Furthermore is a resale of the reserved goods is only permitted if the customer is not in default of payment. For other dispositions of the
reserved goods, in particular pledges and the customer is not entitled to transfer ownership by way of security.
- In the event of a resale, the customer hereby assigns all claims in the amount of the invoice amount that arise from the resale against third parties. The seller hereby accepts the assignment. After the assignment, the customer is authorized to collect the claims until revoked. The seller authority, the claims to move in independently remains unaffected. The seller undertakes not to collect the claims as long as the customer meets his payment obligations, not in default of payment device and in particular no application to open a insolvency proceedings have been filed or payments have been suspended. In this case, the customer notifies the seller of the assigned claim and its debtor and hands over the documents to the seller that are necessary to assert his rights against the customer’s debtor. The seller is entitled to the to notify the customer’s contractual partner about the assignment of claims. The application to open insolvency proceedings entitles the seller to withdraw from the contract and to demand the immediate return of his goods. The same applies if an application to open the insolvency proceedings are rejected due to lack of assets.
- If the customer sells the goods subject to retention of title after processing together with other goods not belonging to the seller, the assignment of the purchase price claim in accordance with the above paragraph only applies to the amount of the invoice value of the goods subject to retention of title.
- The seller undertakes to provide the securities to which he is entitled to release the customer’s request insofar as their value is the one to be secured exceeds claims by more than 20%.
- Seizures or other interventions by third parties that affect the rights of th endanger the seller are to the seller immediately notify in writing. Intervention costs arising from this are borne by the customer, unless they are to be borne by third parties.
§8 Terms of payment
- The respective invoice amount is due in advance and payable.
- The payment option (s) is / are available to the customer in the CdC shop displayed.The seller accepts the payment methods PayPal or Klarna. Prepayment by bank transfer can be accepted in exceptional cases.
- If prepayment by bank transfer has been agreed, payment is due immediately after the conclusion of the contract, unless the parties do not later agreed due date.
- 5. The “Klarna” payment service is offered by Klarna AB, Sveavägen 46, 111 34 Stockholm, Sweden (“Klarna”). Klarna is a payment service provider who takes over the processing of the payment of the goods via the respective means of payment of the customer. The Klarna’s data protection declaration can be viewed here: https://cdn.klarna.com/1.0/shared/ content/legal/terms/0/de_de/privacy Seller to Klarna. Klarna makes the payment immediately, but only bills the customer with a delay. Therefore, the contract continues to come about in accordance with Section 3 No. 3 Clause 1 of these General Terms and Conditions.
§9 Right of retention and off-set
- In addition to § 273 German Civil Code, the seller is also entitled to a right of retention if he has a claim against his customer from another legal relationship.
- A right of retention of the customer who is not a consumer is only possible with undisputed or legally established claims or if the claim and counterclaim are synallagmatic.
- A set-off by the customer who is not a consumer against the seller claims is only undisputed or legally binding ascertained claims possible or as far as claim and counterclaim are synallagmatic linked to one another.
§10 Customer service
If the customer has any questions, our service team is available by emai firstname.lastname@example.org on weekdays from 10 a.m. to 5 p.m. (excluding public holidays in the federal state of Bavaria and North Rhine-Westphalia).
- The general warranty rules apply in accordance with applicable law.
- Warranty rights of the customer who is a merchant presuppose that he fulfills his inspection and complaint obligations (in particular those from § 377 ff. German Civil Code) has been complied with. Defective goods may only be disposed of if instructed to do so by the seller. The customer is obliged to present the defect, in particular transport damage, in a suitable manner.
- Claims against entrepreneurs for supplementary performance and warranty as well as claims for reimbursement of expenses according to § 445a Paragraph 1 BGB expire 12 months from the start of the statutory limitation period. The Statutory regulations on the suspension of the expiry,
suspension and restart of the statute of limitations remain unaffected.
§12 Limitations of liabilty
- 1. For damage that did not occur to the delivered goods themselves, the seller is only liable – for whatever legal reasons
a In case of intent;
b in the event of gross negligence on the part of the seller’s and
executives and vicarious agents (here limited to contract-typical,
reasonably foreseeable damage);
c in the event of culpable harm to life, body or health;
d in the case of defects that the seller fraudulently concealed or their
absence he guaranteed;
e in the event of defects in the goods, as far as in accordance with the product liability act for personal injury or property damage to privately used objects is liable;
f in the event of culpable breach of essential contractual obligations, the seller is also liable in the event of gross negligence and slight
negligence, in the latter case limited to the reasonably foreseeable damage typical of the contract. Essential contractual obligations in this sense are those obligations, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the customer regularly trusts and may rely.
- Insofar as the seller is liable for default, the seller’s liability is likewise limited to that which is typical for the contract and which is reasonable foreseeable damage, provided there is no culpable injury to life, body or health. Claims more than those above regulated ones are excluded.
- The above regulations apply to all types of claims, especially those resulting from a crime. This also includes the liability of and by the legal representatives, employees and vicarious agents of the seller.
§13 Copyright, competition and trademark law
- The contents of the CdC shop, in particular the photographs, images and descriptions, are largely legal, e.g. through the copyright, protected. A use of the content that goes beyond the search or the purchase in the CdC shop can violate the rights of third parties or the rights of the seller and legal consequences, such as result in injunctive relief and claims for damages.
- Without the express written consent of the seller, it is forbidden to systematically extract and / or reuse the content of the CdC shop.
- No data mining, robots or similar data collection and extraction programs may be used to extract the content of the CdC shop for reuse.
- Without the express written consent of the seller, no create and / or publish your own database containing the content of the CdC shop.
§14 Place of fulfillment, applicable law,place of juridiction, alternative dispute resolutioin, Severability Clause
- Place of jurisdiction for everyone in connection with the contractual relationship resulting legal disputes is Munich (Bavaria). The seller is however also entitled to his customers at his place of business sue. This also applies if the customer does not have a general place of jurisdiction in the Federal Republic of Germany. The place of performance is also Munich. The provisions of this section 1 only apply to entrepreneur.
- The entire contractual relationship is exclusively subject to the law of the Federal Republic of Germany to the exclusion of the CISG (UN sales law). For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
- The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr
- The seller is neither willing nor obliged to take part in dispute settlement proceedings before an arbitration board with consumers. However, he will do his best to resolve a dispute quickly solve and thus avoid judicial action.
- Should a provision in these conditions be ineffective or the validity of all other provisions or agreements will not be affected. Instead of this provision, the parties will agree on a regulation which the parties would have made if they had declared the ineffectiveness of that provision upon conclusion of the contract would have known.
- These terms and conditions are only available in German and English.