Terms
§ 1 Scope of application
(1) The following General Terms and Conditions shall apply to all contracts for the delivery of goods concluded between us and our customers via http://www.cablecaddy.de.
(2) The customer's terms and conditions shall not apply, even if we do not separately object to their validity in individual cases.
§ 2 Conclusion of the contract, technical steps for the conclusion of the contract, recognition and correction of input errors, storage of the text of the contract
(1) The presentation of the goods on http://www.cablecaddy.de does not constitute a binding offer. It is only a non-binding invitation to potential customers to make an offer to us for the goods presented on http://www.cablecaddy.de, which is directed towards the conclusion of a purchase contract.
(2) The customer can submit the offer via the online order form integrated in the seller's online shop. 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 contract offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process.
(3) Before submitting your offer, you can check it for input errors on this page. On this page, the billing and delivery addresses, the essential characteristics of the goods, the total price of the goods and, if applicable, any additional delivery and shipping costs and other additional costs will be displayed again. Before submitting your offer by clicking the "order with costs" button, you can correct your entries at any time by clicking the "edit" buttons.
(4) After you have submitted your offer, we will immediately send you an e-mail to the e-mail address you have provided in which we accept receipt of your offer. With the acceptance of your offer, the contract is concluded.
(5) The order information is stored and archived by us and can be accessed by you free of charge via your password-protected customer account at http://www.cablecaddy.de.
§ 3 Prices and terms of payment
(1) The prices quoted include the applicable statutory German value added tax.
(2) Any additional delivery and shipping costs will be indicated separately on the page on which you submit your offer by clicking on the button "order with costs" before submitting your offer.
(3) The following payment options are available to the customer:
PayPal
Prepayment
Instant bank transfer via Klarna Sofort
Credit cash payment via Stripe
(4) Payment of the purchase price is due immediately upon conclusion of the contract.
(5) The customer is only entitled to offset if the counterclaim is undisputed, legally established or recognised by us.
(6) The customer may only exercise a right of retention insofar as it is based on claims from the same contractual relationship.
§ 4 Delivery, transfer of risk
(1) We ship goods weighing less than one kilogram with the German postal service and parcels with the parcel service providers GLS and DPD.
(2) If the customer is a consumer, we bear the shipping risk in all cases.
(3) In all other cases, the risk of accidental loss and accidental deterioration in the case of a mail order purchase shall pass to the customer upon delivery of the goods to the transport company.
§ 5 Retention of title
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all present and future claims arising from the business relationship, including claims based on bills of exchange and cheques, shall be exclusively our place of business. However, we are also entitled to sue the customer at his place of residence and/or business. The same place of jurisdiction shall apply if the customer does not have a general place of jurisdiction in Germany or the EU or if the customer's place of residence or habitual abode is unknown at the time the action is brought.
§ 1 Scope of application
(1) The following General Terms and Conditions shall apply to all contracts for the delivery of goods concluded between us and our customers via http://www.cablecaddy.de.
(2) The customer's terms and conditions shall not apply, even if we do not separately object to their validity in individual cases.
§ 2 Conclusion of the contract, technical steps for the conclusion of the contract, recognition and correction of input errors, storage of the text of the contract
(1) The presentation of the goods on http://www.cablecaddy.de does not constitute a binding offer. It is only a non-binding invitation to potential customers to make an offer to us for the goods presented on http://www.cablecaddy.de, which is directed towards the conclusion of a purchase contract.
(2) The customer can submit the offer via the online order form integrated in the seller's online shop. 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 contract offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process.
(3) Before submitting your offer, you can check it for input errors on this page. On this page, the billing and delivery addresses, the essential characteristics of the goods, the total price of the goods and, if applicable, any additional delivery and shipping costs and other additional costs will be displayed again. Before submitting your offer by clicking the "order with costs" button, you can correct your entries at any time by clicking the "edit" buttons.
(4) After you have submitted your offer, we will immediately send you an e-mail to the e-mail address you have provided in which we accept receipt of your offer. With the acceptance of your offer, the contract is concluded.
(5) The order information is stored and archived by us and can be accessed by you free of charge via your password-protected customer account at http://www.cablecaddy.de.
§ 3 Prices and terms of payment
(1) The prices quoted include the applicable statutory German value added tax.
(2) Any additional delivery and shipping costs will be indicated separately on the page on which you submit your offer by clicking on the button "order with costs" before submitting your offer.
(3) The following payment options are available to the customer:
PayPal
Prepayment
Instant bank transfer via Klarna Sofort
Credit cash payment via Stripe
(4) Payment of the purchase price is due immediately upon conclusion of the contract.
(5) The customer is only entitled to offset if the counterclaim is undisputed, legally established or recognised by us.
(6) The customer may only exercise a right of retention insofar as it is based on claims from the same contractual relationship.
§ 4 Delivery, transfer of risk
(1) We ship goods weighing less than one kilogram with the German postal service and parcels with the parcel service providers GLS and DPD.
(2) If the customer is a consumer, we bear the shipping risk in all cases.
(3) In all other cases, the risk of accidental loss and accidental deterioration in the case of a mail order purchase shall pass to the customer upon delivery of the goods to the transport company.
§ 5 Retention of title
The goods remain our property until full payment of the purchase price (including VAT and shipping costs).
§ 6 Warranty and liability
The goods are subject to the statutory liability for defects under §§ 437 ff. BGB with the following restrictions:
(1) Claims of the customer due to material defects shall become statute-barred in accordance with the statutory regulations in two years from delivery of the goods to the customer. In the case of used goods, the customer's claims for material defects shall become time-barred one year after delivery of the goods to the customer, unless we have fraudulently concealed the defect. In this case, the statutory provisions shall apply.
(2) If the customer is an entrepreneur, a legal entity under public law or a special fund under public law, the customer's claims for material defects in new goods shall become time-barred one year after delivery of the goods to the customer, unless we have fraudulently concealed the defect. In this case, the statutory provisions shall apply. Our obligations pursuant to § 9 No. 5 and § 9 No. 6 shall remain unaffected.
(3) If the customer is an entrepreneur, a legal entity under public law or a special fund under public law, no warranty shall be assumed for used items unless we have fraudulently concealed the defect. In this case, the statutory provisions shall apply.
(4) If the customer is a merchant, claims for defects on the part of the customer shall only exist if the customer has duly complied with its obligations to examine the goods and give notice of defects in accordance with § 377 of the German Commercial Code (HGB).
(5) In accordance with the statutory provisions, we are obliged to take back the new goods or to reduce the purchase price even without setting the otherwise required deadline if the customer's customer, as a consumer of the new movable item sold (purchase of consumer goods), was able to demand the return of the goods or the reduction of the purchase price from the customer due to the defect of these goods or if the customer is subject to a similar resulting right of recourse. Furthermore, we are obliged to reimburse the customer for expenses, in particular transport, travel, labour and material costs, which the customer had to bear in relation to the end consumer within the scope of subsequent performance due to a defect in the goods existing at the time of the transfer of risk from us to the customer. The claim shall be excluded if the customer has not properly complied with his obligations to examine the goods and to give notice of defects pursuant to § 377 of the German Commercial Code (HGB).
(6) The obligation pursuant to § 9 No. 5 shall be excluded if the defect is based on advertising statements or other contractual agreements which do not originate from us or if the customer has given a special guarantee to the end consumer. The obligation is also excluded if the customer himself was not obliged to exercise the warranty rights vis-à-vis the end consumer on the basis of the statutory regulations or did not make this notification vis-à-vis a claim made to him. This shall also apply if the customer has assumed warranties vis-à-vis the end consumer which go beyond the statutory scope.
(7) Our liability for damages, irrespective of the legal grounds, in particular also in tort, shall be limited to the foreseeable damage typical for the contract.
(8) The above limitations of liability do not apply to our liability for intentional conduct or gross negligence, for fraudulent intent, for guaranteed characteristics, for injury to life, limb or health or under the Product Liability Act.
§ 7 Information for Consumers in Distance Selling Contracts and Customer Information in Contracts in Electronic Commerce
(1) The essential characteristics of the goods result from the product description on the article page and are displayed again on the page on which you make your offer by clicking the button "order with costs" before submitting your offer.
(2) The languages available for the conclusion of the contract are German and English.
(3) We have not submitted to any codes of conduct.
§ 8 Applicable law and place of jurisdiction
(1) The contractual relationship between us and our customers shall be governed by the law of the Federal Republic of Germany. The application of the UN Convention on Contracts for the International Sale of Goods is excluded. If the customer is a consumer, the applicable statutory provisions and rights in favour of the consumer under the law of the customer's country of residence shall remain unaffected.
The goods are subject to the statutory liability for defects under §§ 437 ff. BGB with the following restrictions:
(1) Claims of the customer due to material defects shall become statute-barred in accordance with the statutory regulations in two years from delivery of the goods to the customer. In the case of used goods, the customer's claims for material defects shall become time-barred one year after delivery of the goods to the customer, unless we have fraudulently concealed the defect. In this case, the statutory provisions shall apply.
(2) If the customer is an entrepreneur, a legal entity under public law or a special fund under public law, the customer's claims for material defects in new goods shall become time-barred one year after delivery of the goods to the customer, unless we have fraudulently concealed the defect. In this case, the statutory provisions shall apply. Our obligations pursuant to § 9 No. 5 and § 9 No. 6 shall remain unaffected.
(3) If the customer is an entrepreneur, a legal entity under public law or a special fund under public law, no warranty shall be assumed for used items unless we have fraudulently concealed the defect. In this case, the statutory provisions shall apply.
(4) If the customer is a merchant, claims for defects on the part of the customer shall only exist if the customer has duly complied with its obligations to examine the goods and give notice of defects in accordance with § 377 of the German Commercial Code (HGB).
(5) In accordance with the statutory provisions, we are obliged to take back the new goods or to reduce the purchase price even without setting the otherwise required deadline if the customer's customer, as a consumer of the new movable item sold (purchase of consumer goods), was able to demand the return of the goods or the reduction of the purchase price from the customer due to the defect of these goods or if the customer is subject to a similar resulting right of recourse. Furthermore, we are obliged to reimburse the customer for expenses, in particular transport, travel, labour and material costs, which the customer had to bear in relation to the end consumer within the scope of subsequent performance due to a defect in the goods existing at the time of the transfer of risk from us to the customer. The claim shall be excluded if the customer has not properly complied with his obligations to examine the goods and to give notice of defects pursuant to § 377 of the German Commercial Code (HGB).
(6) The obligation pursuant to § 9 No. 5 shall be excluded if the defect is based on advertising statements or other contractual agreements which do not originate from us or if the customer has given a special guarantee to the end consumer. The obligation is also excluded if the customer himself was not obliged to exercise the warranty rights vis-à-vis the end consumer on the basis of the statutory regulations or did not make this notification vis-à-vis a claim made to him. This shall also apply if the customer has assumed warranties vis-à-vis the end consumer which go beyond the statutory scope.
(7) Our liability for damages, irrespective of the legal grounds, in particular also in tort, shall be limited to the foreseeable damage typical for the contract.
(8) The above limitations of liability do not apply to our liability for intentional conduct or gross negligence, for fraudulent intent, for guaranteed characteristics, for injury to life, limb or health or under the Product Liability Act.
§ 7 Information for Consumers in Distance Selling Contracts and Customer Information in Contracts in Electronic Commerce
(1) The essential characteristics of the goods result from the product description on the article page and are displayed again on the page on which you make your offer by clicking the button "order with costs" before submitting your offer.
(2) The languages available for the conclusion of the contract are German and English.
(3) We have not submitted to any codes of conduct.
§ 8 Applicable law and place of jurisdiction
(1) The contractual relationship between us and our customers shall be governed by the law of the Federal Republic of Germany. The application of the UN Convention on Contracts for the International Sale of Goods is excluded. If the customer is a consumer, the applicable statutory provisions and rights in favour of the consumer under the law of the customer's country of residence shall remain unaffected.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all present and future claims arising from the business relationship, including claims based on bills of exchange and cheques, shall be exclusively our place of business. However, we are also entitled to sue the customer at his place of residence and/or business. The same place of jurisdiction shall apply if the customer does not have a general place of jurisdiction in Germany or the EU or if the customer's place of residence or habitual abode is unknown at the time the action is brought.