Bourgeret and Feller GbR
Hereinafter referred to as Caddyroamers.
1 Scope of application
1.1 These General Terms and Conditions (hereinafter "GTC") Caddyroamers (hereinafter "Seller"), apply to all contracts for the supply of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller in respect of the goods presented by the Seller in his online store. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
2 Conclusion of contract
2.1 The product descriptions contained in the Seller's online store do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.
2.2 The Customer may submit the offer via the online order form integrated into the Seller's online store. In doing so, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer to the seller by e-mail or by online contact form.
2.3 The Seller may accept the Customer's offer within five days,
by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer shall be decisive, or
by requesting payment from the customer after the customer has placed the order.
If several of the aforementioned alternatives exist, the contract shall be concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the Customer shall no longer be bound by its declaration of intent.
2.4 When submitting an offer via the Seller's online order form, the text of the contract shall be stored by the Seller and sent to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his order together with these General Terms and Conditions. In addition, the text of the contract is archived on the Seller's website and can be accessed free of charge by the Customer via his password-protected customer account by providing the relevant login data, provided that the Customer has created a customer account in the Seller's online store before submitting his order.
2.5 Before bindingly submitting the order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
2.6 The order is placed in the following steps:
By clicking the button "Add to shopping cart", the desired goods are placed in the shopping cart.
The shopping cart can be called at any time and changes can be made
Checking/changing the information in the shopping cart
Pressing the button "Go to checkout
Entering the delivery address
Selection of the payment method
Checking again and, if necessary, correction of the respective data entered
Binding submission of the order by clicking the button "Buy now".
The consumer can cancel the order process by closing the Internet browser.
2.7 Order processing and contacting usually take place via e-mail and automated order processing. The Customer shall ensure that the e-mail address provided by it for order processing is accurate so that 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 by third parties commissioned by the seller to process the order can be delivered.
3 Delivery and shipping conditions
3.1 The terms of delivery, the delivery date as well as any existing delivery restrictions can be found under an appropriately designated button on our Internet presence or in the respective item description.
3.2 If goods are delivered with obvious transport damage, please complain about such defects as soon as possible to the deliverer and contact us immediately. Failure to make a complaint or contact us will have no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the carrier or transport insurance.
3.3 Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment shall not pass to you until the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or any other person designated to carry out the shipment.
If there is no purchase of consumer goods, the risk shall pass to the buyer as soon as the goods have been handed over to the transport company.
3.4 The delivery time for each item is displayed in the online store. You will usually receive your order with a collected delivery, so that the delivery time for your order is based on the longest delivery time of the products in your shopping cart. In exceptional cases, for logistical reasons, we reserve the right to send individual products in a separate parcel service delivery, in which case you will not incur any additional costs.
4 Prices and payment methods
Purchase price and shipping costs are payable immediately after conclusion of the purchase contract without deductions, unless otherwise stated in the individual payment methods.
4.2 The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
4.3 The payment methods available to you are shown under a correspondingly designated button on our website.
4.4 For each order shipping costs are charged in addition to the price of the goods, unless free shipping is promised. The shipping costs depend on the size and weight of the goods and the selected shipping method. If the delivery is made to a buyer outside the Federal Republic of Germany, the shipping costs increase depending on the size and weight of the goods and the shipping method.
4.5 For shipments outside the EU, additional costs such as taxes and / or duties / customs duties may be incurred, which shall be borne by the customer.
4.6 In cases where prices on www.caddyroamers.de are incorrectly displayed due to technical errors and a purchase contract is concluded on the basis of the incorrect prices, Caddyroamers are entitled to contest the purchase contract even if an automatic order confirmation has already been sent. In the event of such a challenge by Caddyroamers, payments already made will be refunded to the User without delay.
5 Repayment upon exercise of the right of withdrawal
If the buyer exercises his right of withdrawal (see cancellation policy under point 6.), the Caddyroamers use the same means of payment for repayments that you used in the original transaction.
6 Cancellation policy/ Right of withdrawal for consumers
Consumers have a right of withdrawal, whereby a consumer is any natural person who concludes a legal transaction for purposes that can be attributed predominantly neither to their commercial nor their independent professional activity. Our cancellation policy can be found under a correspondingly designated button on our website.
7 Right of withdrawal
The Caddyroamers can withdraw from the contract,
7.1 if they themselves are not supplied or are supplied incompletely for more than a short period and they are not responsible for this, in particular if they have concluded a timely, congruent covering transaction with their suppliers;
7.2 if delivery becomes impossible for more than a short period due to force majeure, strikes or shortage of raw materials and they are not responsible for this.
7.3 Caddyroamers will notify the User of the existence of any of the above circumstances as soon as they become known. Any payments already made by the User will be refunded immediately.
8 Retention of title / set-off / right of retention
8.1 Ownership of the goods shall not pass to the User until payment has been made in full.
8.2 You shall only have a right of set-off if your counterclaim has been legally established or is not disputed by us.
8.3 You may only exercise a right of retention if your counterclaim is based on the same contractual relationship.
9 Liability for defects
9.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
9.2 The customer is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the seller of this. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.
10.1 If there is a defect in the purchased item, the warranty shall be governed by the statutory provisions. The limitation period for statutory claims for defects is two years for consumers and begins with the date of delivery, i.e. receipt of the item by the customer.
10.2 The warranty period vis-à-vis entrepreneurs shall be limited to one year.
11 Essential characteristics of the goods or services
The essential features of the goods and/or services can be found in the item description and the supplementary information on our website.
12 Final provisions
12.1 German law shall apply. In the case of consumers, this choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not thereby withdrawn (favorability principle).
12.2 The place of performance for all services arising from the business relations with us and the place of jurisdiction shall be our registered office (Aachen), provided that you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same shall apply if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is unknown at the time the action is brought. The right to bring an action before the court at another statutory place of jurisdiction shall remain unaffected.
12.3 The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
12.4 Should any of the above provisions be legally invalid, this shall not result in the invalidity of the remaining provisions.
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