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cap-grosshandel.de
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Terms & Conditions

(1) The services of the provider for the online shop are rendered exclusively based on the following General Terms and Conditions of Business as amended at the time of the order.
(2) Exclusively our General Terms and Conditions of Business shall apply. Any terms and conditions of the orderer at variance with our General Terms and Conditions of Business shall not be applicable, unless we expressly agree otherwise.

§ 2 Closing of Contract
(1) Our Internet offers represent a non-binding solicitation to customers to order merchandise. By sending the order to our website, the customer issues a binding offer to conclude a contract. We may accept this offer within one week by delivering the merchandise or by sending an acceptance confirmation per e-mail. If this period expires unproductively, the offer is to be considered as rejected.

§ 3 Payment, Default
(1) The prices listed on our website at the time of the order shall apply. The prices include the applicable value-added tax but not any listed shipping costs. Customs duties and taxes may be incurred when shipping outside the EU; we have no control over the amount of such duties and taxes, which are not included in the prices listed.
(2) The merchandise may be paid in advance, COD, via the services Paypal or Pay.net AG or by credit card. We hereby reserve the right to accept or exclude certain types of payment, e.g. in relation to new customers.
(3) If the orderer is in default in payment, we shall be entitled to request default interest at a rate of five percentage points above the base interest rate of the European Central Bank. In the event we assert higher default damage, the orderer may furnish proof that the asserted default damage was not incurred at all or at least that lower default damage was incurred.

§ 4 Set-Off / Retention of Title
(1) The orderer shall only be entitled to set off claims with undisputed counterclaims or counterclaims declared by non-appealable judgment or acknowledged by us in writing. (2) We hereby reserve title to the delivered thing until the purchase price is paid in full.

§ 5 Delivery
(1) Deliveries shall be made by sending the merchandise ex warehouse to the specified delivery address. Unless agreed otherwise, the merchandise will be sent by UPS as the standard form of delivery.
(2) Unless specified otherwise in the pages listing the offers, the merchandise shall be delivered within 10 working days from the receipt of the order or, in the case of advance payment, 10 working days from the receipt of payment. The delivery period specified by us shall commence running when the customer has duly fulfilled all obligations in due time, particularly has specified the delivery address correctly in the order. (3) If the provider is not in the position through no fault of its own to deliver the ordered merchandise because the provider's supplier has not fulfilled its contractual obligations, the customer shall be informed without delay that the ordered merchandise is not available. Any consideration previously rendered by the counterparty shall be refunded without delay. Any claims of the customer stipulated by law shall not be prejudiced hereby.

§ 6 Default in Acceptance
(1) If the customer is in default in acceptance or negligently breaches other cooperative duties, we shall be entitled to demand compensation for any damage incurred by us as a result, including any additional expenses. Any further claims are hereby reserved.
(2) The purchase price shall accrue interest during the default period. The default interest rate shall amount per year to five percentage points above the base interest rate. In the case of legal transactions between enterprisers, the interest rate shall amount to 8 percentage points above the base interest rate.
(3) The customer reserves the right to furnish proof that damage was not incurred in the amount requested or at least that substantially less damage was incurred. The risk of accidental loss or deterioration of the purchased thing shall pass to the orderer at the moment the orderer is in default in acceptance or payment.

§ 7 Warranty
(1) The warranty period shall be two years for new merchandise. The warranty period shall be one year for the sale of used merchandise and for contracts concluded by enterprisers in the exercise of their commercial or self-employed vocational or professional activity.
(2) In the event of defects, the customer may choose between subsequent performance by way of an improvement or delivery of a replacement. We shall be entitled, however, to refuse the type of subsequent performance selected by the orderer if such performance would only be possible at disproportionate cost and the alternative type of subsequent performance would not have any significant disadvantages for the customer. (3) If the subsequent performance fails or we refuse the subsequent performance as a whole, the customer may request, at its choice, a reduction of the purchase price or the rescission of the contract. No damage compensation claims of the customer shall be prejudiced hereby.

§ 8 Costs of Returning Merchandise upon Recall
If the merchandise has been delivered within Germany, you must bear the costs of any return shipment if the delivered merchandise corresponds to the ordered merchandise and the price of the merchandise to be returned does not exceed EUR 40.00 or if, in the case of a higher price, you have not yet rendered the consideration at the time of the recall or have rendered a contractually stipulated installment. If the merchandise has been delivered to other countries as Germany, you must bear the costs of any return shipment if the delivered merchandise corresponds to the ordered merchandise.

§ 9 Limitation of Liability
(1) In the event of a negligent breach of duty, the liability of the provider and our vicarious agents shall be limited to the average damage directly incurred and typically foreseen in contracts for the relevant type of merchandise. Neither we nor our vicarious agents shall be liable in the event of slightly negligent breaches of non-material contractual duties not jeopardizing the performance of the contract. (2) The above restrictions on liability shall not be applicable to claims based on product liability or guarantees or to claims based on loss of life, limb or health.

§ 10 Data Protection
We shall treat your personal data confidentially and in accordance with the data protection provisions prescribed by law. Your data shall not be disclosed without your express approval; any disclosure shall only be made within the framework of the necessary performance of the contract, e.g. to enterprises entrusted with the delivery of the merchandise.

§ 11 Applicable Law, Jurisdiction
(1) The law of the Federal Republic of Germany shall apply, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods, unless this choice of law would cause a consumer to lose the protection of mandatory consumer protection regulations.