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General Terms and Conditions of Business

General Terms and Conditions of Business
1. scope of application
2. conclusion of contract
3. return costs when exercising the right of withdrawal
4 Prices and terms of payment
5. delivery and shipping conditions
6. liability for defects
7 Applicable law
8. no-Russia clause
Customer information
1. information on the identity of the seller
2. information on the essential characteristics of the goods or services
3. information on the conclusion of the contract
4. information on payment and delivery
5. information on the technical steps leading to the conclusion of the contract
6. information on the storage of the contract text
7. information on the technical means for recognizing and correcting input errors
8. information on the languages available for the conclusion of the contract

1. general terms and conditions

1 Scope of application

1.1 These Terms and Conditions of the company “Casada International GmbH” (hereinafter referred to as “Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as “Client”) and the Seller relating to all goods and/or services presented in the Seller’s online store. The inclusion of the customer’s own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity. An entrepreneur within the meaning of these General Terms and Conditions is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of their independent professional or commercial activity.

2 Conclusion of contract

2.1 The product presentations contained in the seller’s online store do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.

2.2 The customer can submit the offer via the online order form integrated in the seller’s online store. When placing an order via the online order form, the customer submits a legally binding contractual offer in relation to the goods contained in the shopping cart after entering their personal data and clicking the “BUY NOW” button in the final step of the ordering process.

2.3 The Seller may accept the Customer’s offer by means of a written (letter) or electronically transmitted (fax or e-mail) order confirmation or by delivering the goods within five days. The seller is entitled to refuse to accept the order.

2.4 Order processing and contact are generally carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or third parties commissioned by the seller to process the order can be delivered.

3 Return costs when exercising the right of withdrawal

If the customer has a right of revocation, the regular costs of the return shipment shall be imposed on the customer when exercising the right of revocation if the price of the item to be returned does not exceed an amount of 40 euros or if, in the case of a higher price of the item, the customer has not yet provided the consideration or a partial payment at the time of revocation, unless the delivered goods do not correspond to the ordered goods. In all other cases, the seller shall bear the costs of the return shipment.

4 Prices and terms of payment

4.1 The prices quoted by the Seller are final prices and include the statutory German value added tax. Any additional delivery and shipping costs will be indicated separately in the respective product presentation in the offer.

4.2 For deliveries within Germany, the seller offers the following payment options, unless otherwise specified in the respective product presentation in the offer:

Prepayment by bank transfer
Cash on delivery
Cash payment on collection
Paypal

4.3 If shipping abroad is also offered for the respective article, the customer has the following payment options for deliveries abroad, unless otherwise specified in the respective product presentation in the offer:

Prepayment by bank transfer
Cash payment on collection
Paypal

For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties).

4.4 If advance payment has been agreed, payment is due immediately after conclusion of the contract.

4.5 In the case of self-collection, the seller shall first inform the customer by email that the goods ordered by him are ready for collection. After receiving this email, the customer can collect the goods after consultation with the seller. In this case, no shipping costs will be charged.

5 Delivery and shipping conditions

5.1 The delivery of goods is regularly carried out by dispatch and to the delivery address specified by the customer. When processing the transaction, the delivery address specified in the seller’s checkout is decisive.

5.2 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful shipment. This does not apply if the customer exercises his right of revocation by refusing to accept delivery, if he is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had notified him of the service a reasonable time in advance.

6 Liability for defects

The statutory liability for defects applies.

7 Applicable law

7.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.

7.2 If the customer acts as a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller’s place of business. The same applies if the customer does not have a general place of jurisdiction in Germany or the EU, or if his place of residence or habitual abode is unknown at the time the action is brought. The right to appeal to the court at another legal place of jurisdiction remains unaffected by this.

7.3 The contract language is German.

8 No-Russia clause

8.1 If the goods and technologies to be sup-plied by the Seller are those covered by Article 12g of Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia´s actions destabilising the situation in Ukraine and the delivery is made to a third country outside the European Union and not to a partner country within the meaning of Annex VIII of the Regulation, any (re)sale and/or any (re)export and/or any other kind of delivery of the goods and technologies supplied by the Seller, directly or indirectly, unchanged or integrated into other products, to Russia and/or via third parties for use in Russia are prohibited.

8.2 The Client shall undertake its best efforts to ensure that the purpose of paragraph 8.1 is not frustrated by any third parties further down the commercial chain, including by possible resellers.

8.3 The Client shall set up and maintain an adequate monitoring mechanism to detect conduct by any third parties further down the commercial chain, including by possible resellers, that would frustrate the purpose of paragraph 8.1.

8.4 Any violation of paragraphs 8.1, 8.2 or 8.3 shall constitute a material breach of an essential element of the contract between the Seller and the Client, and the Seller shall be entitled to seek appropriate remedies, including, but not limited to:

8.4.1 termination of existing contracts and/or termination of the business relationship; and/or

8.4.2 a contractual penalty of 100% of the total value of the exported goods; and/or

8.4.3 informing the competent authorities in the European Union of the violation.

8.5 The Client shall immediately inform the Seller about any problems in applying paragraphs 8.1, 8.2 or 8.3, including any relevant activities by third parties that could frustrate the purpose of paragraph 8.1. The Client shall make available to the Seller information concerning compliance with the obligations under paragraph 8.1, 8.2 and 8.3 within two weeks of the simple request of such information.

2. customer information

1 Information on the identity of the seller

Casada International GmbH
Obermeiers Feld 3
33104 Paderborn

Tel.: (+49) 5254 / 930 98 0
Fax: (+49) 5254 / 930 98 40

E-Mail: info@casada.com

Managing Director: Jakob Radtke

Value added tax identification number in accordance with § 27 a of the Value Added Tax Act: DE 273 242 114

2 Information on the essential characteristics of the goods or services

The essential characteristics of the goods or services are set out in the respective product description posted by the seller.

3 Information on the conclusion of the contract

The contract is concluded in accordance with clause 2 of the seller’s General Terms and Conditions (see above).

4 Information on payment and delivery

Payment shall be made in accordance with Clause 4 and delivery in accordance with Clause 5 of the Seller’s General Terms and Conditions (see above).

5 Information on the technical steps leading to the conclusion of the contract

The contract is concluded by offer and acceptance.

5.1 If the customer uses the seller’s online order form for his order, he submits his offer as follows:

5.2 Acceptance by the Seller shall be in accordance with Section 2.3 of the Seller’s General Terms and Conditions (see above).

6 Information on the storage of the contract text

The contract text is saved by the seller and sent to the customer in text form (e.g. letter, fax, e-mail) after the order has been sent, together with these General Terms and Conditions and customer information. In addition, the contract text is archived on the seller’s website and can be accessed free of charge by the customer via his password-protected customer account by entering the corresponding login data, provided that the customer has created a customer account in the seller’s online store before sending his order.

7. information on the technical means for recognizing and correcting input errors

Before submitting a binding order, the customer can correct his entries at any time using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.

8 Information on the languages available for the conclusion of the contract

Only the German language is available for the conclusion of the contract.