Cassidah Online Shop: General Terms and Conditions
1. General
Our deliveries, services and offers are based exclusively on the following general terms and conditions in their currently valid version. Regulations deviating from these conditions will not be recognized by us, unless they are individual agreements or there is an express written confirmation. With your order you accept these general terms and conditions.
2. Order and delivery directly from the online shop using the shopping cart function:
a. You can select certain products from our range and collect them in a so-called shopping cart using the “in den Warenkorb legen” (add to cart) button. With the button "jetzt kaufen" (buy now) you make a binding offer to buy the goods in the shopping cart. Before submitting the order, you can change and view the data at any time. However, the offer can only be submitted and transmitted if you have accepted these terms and conditions by clicking on the “jetzt kaufen” (buy now) button.
b. We will then send you an automatic confirmation of receipt of your order by email, in which your order will be listed again. The automatic confirmation of receipt only documents that we have received your order and does not represent an acceptance of the offer. The contract is only concluded when our declaration of acceptance is submitted, which is sent with a separate email (order confirmation). In this e-mail or in a separate e-mail, but no later than upon delivery of the goods, the text of the contract (consisting of the order, terms and conditions and order confirmation) will be sent to you by us on a permanent data carrier (e-mail or paper printout) ( Contract confirmation). The text of the contract is saved in compliance with data protection.
3. Contract confirmation and delivery after contacting us by telephone:
a. If you have inquired about products from the "Mirror Collection" range (labeled with "Sale and dispatch after telephone contact" ) using the "ANFRAGE / REQUEST" button to use the contact form, we will contact you after receiving your request to discuss with you whether and how shipping is possible. For this purpose, please provide your telephone number.
b. After mutual agreement by telephone you will receive an acknowledgement of tehe receipt of your request as described in section 2b. The confirmation of receipt only documents that your order has been received by us and does not represent an acceptance of the offer. The contract is only concluded when we submit our declaration of acceptance, which is sent in a separate email (order confirmation). In this e-mail or in a separate e-mail, but no later than when the goods are delivered, the text of the contract (consisting of the order, terms and conditions and order confirmation) will be sent to you by us on a permanent data carrier (e-mail or paper printout) as the contract confirmation. The text of the contract is saved in compliance with data protection.
c. If you are interested in products from the range which are marked with "Sale and shipment after contact by phone", but want to view them in advance to a purchase decision, this is also possible. In this case, please contact us using the button `ANFRAGE / RE-QUEST`. The regulations according to section 4 of these terms and conditions apply.
4. Purchase and collection on site:
If you are interested in a product that is only marked with "purchase and collection on site" in the online shop, you cannot order and purchase this via the shopping cart function in our online shop. In this case, please use the `ANFRAGE / REQUEST` button and inform us via the contact form that you are interested in the product. We will make an appointment with you to meet on site. So you can take a personal look at the item. If you want to acquire the product, the purchase contract will only come into being on site. If you pay for the product on site, you can take it with you directly, or hire a shipping company of your choice to collect the product from us at your own expense and risk. Payment on site can only be made by debit or credit card. Cash payments are not accepted. If you hire a forwarding agent, you can also pay for the product by bank transfer. The delivery of the product to the shipping company takes place in any case only after receipt of payment.
If you collect the goods yourself, we grant a discount of 5% of the net sales price.
5. Conclusion of contract:
If a contract is concluded, the contract is between you and
Cassidah
Owner Dipl.-Ing. Kathrin Boldt
Drosselstrasse 26
50858 Cologne
Germany
VAT identification number (USt.Id.-Nr.): DE282986642
The general terms and conditions apply regardless of whether you are a consumer or an entrepreneur.
6. Delivery:
a. The respective delivery times result from the information on shipping and returns.
b. If the product you have selected is not available at the time of your order, we will notify you of this immediately in the order confirmation. If the product is permanently unavailable, we will not issue a declaration of acceptance. A contract is not concluded in this case.
c. If the product you specified in the order is only temporarily unavailable, we will also inform you of this immediately in the order confirmation.
d. There are the following delivery restrictions: We only deliver to delivery addresses in Germany and the EU and in the following countries: Liechtenstein, Switzerland.
e. The final contract is in German.
7. Right of withdrawal:
If you are a consumer, i.e. a natural person who places the order for a purpose that is predominantly neither commercial nor self-employed, you have a right of withdrawal in accordance with the statutory provisions.
- Information of the right of cancellation -
Withdrawal period
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party nominated by you who is not the carrier has taken possession of the goods.
To exercise your right of withdrawal, you must contact us
Cassidah
Owner Dipl.-Ing. Kathrin Boldt
Drosselstrasse 26
50858 Cologne
Germany
Email: k.boldt@cassidah.com
Fax: +49 221 4845240
by means of a clear declaration (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.
Consequences of the withdrawal
If you withdraw from this contract, we will give you all the payments that we have received from you, including delivery costs (with the exception of the additional costs that result from the fact that you choose a different type of delivery than the cheap one we offer Standard delivery), to be repaid immediately and at the latest within fourteen days from the date on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment.
We can refuse the repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier.
You bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.
In accordance with the statutory provisions, we will inform you as follows of the model withdrawal form:
Model Withdrawal Form
(If you want to cancel the contract, please fill out this form and send it back.)
- To [the name, address and, if applicable, fax number and e-mail address of the entrepreneur must be inserted by the entrepreneur]:
- I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*)
- Ordered on (*) / received on (*)
- Name of the consumer (s)
- Address of the consumer (s)
- Signature of the consumer (s) (only when notified on paper)
- date
(*) Delete where inapplicable
- End of information of the right of cancellation -
8. Liability Limitation:
a. We would like to point out that we do not accept any liability for deformations or changes in the surface appearance of our mostly handmade products due to environmental influences.
b. There is only an additional guarantee for the goods delivered by us if this was expressly given in the order confirmation for the respective product.
c. Our liability is generally excluded. Excluded from this are claims for damages resulting from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damage resulting from an intentional or grossly negligent breach of duty by us, our legal representatives or vicarious agents. Essential are those contractual obligations, the fulfillment of which enables the proper execution of the contract and on the observance of which you regularly trust and can trust.
d. In the event of a breach of essential contractual obligations, we are only liable for contract-typical, foreseeable damage if this was caused simply by negligence, unless it concerns your claims for damages from injury to life, body or health.
e. The limitations of paragraphs c. and d. also apply in favor of our legal representatives and vicarious agents if claims are asserted directly against them.
f. The results of paragraphs c. and d. The resulting limitations of liability do not apply if we have fraudulently concealed the defect or have given a guarantee for the quality of the item. The same applies if we have made an agreement with you on the nature of the item. The provisions of the Product Liability Act remain unaffected.
9. Warranty and statute of limitations
The statutory purchase guarantee law applies. In the case of new products, your warranty claims expire within two years after delivery of the item. If you have purchased a used item from us, your claims for defects and claims for damages that are directly related to a defect shall expire within one year of delivery of the item. Deviating from this, the claims become statute-barred in the regular limitation period if we have fraudulently concealed the defect.
10. Prices and shipping costs
The prices at the time of the order apply. All prices are final prices including the applicable statutory sales tax. The delivery costs are stated in the order form and can be found in the "Shipping and Returns" section.
The purchase price and the shipping costs are to be paid at the latest within two weeks after the order confirmation and notification of our bank details.
In the event of a cancellation, you have to bear the direct costs of the return. This does not apply to products from the area of "sales and shipping after contacting us by telephone.
11. Payment modalities:
If the due date of the payment is determined according to the calendar, you will be in default by missing the date and you are obliged to pay default interest. Your obligation to pay default interest does not exclude the assertion of further damage caused by default by us.
We accept the following payment methods:
a. The following payment methods are possible via the shopping cart function:
- Visa (credit and debit card)
- MasterCard (credit and debit card)
- American Express
- Apple Pay
b. For orders by telephone and written agreement:
- Prepayment by bank transfer
c. When purchasing after a personal inspection of the product on site:
- EC direct debit
- Credit card payment (Mastercard, Visa Card, American Express)
12. Retention of title
The delivered goods remain our property until the purchase price has been paid in full.
13. Data protection
We process your personal data in compliance with the applicable data protection regulations. For details, please refer to our data protection declaration, which you can view on our website and which you will receive with the order confirmation.
14. Information to consumers on out-of-court dispute resolution
We do not declare that we are ready to carry out a dispute settlement procedure in accordance with § 36 of the German out-of-court dispute resolution (VSBG).
15. Final provisions
a. The law of the Federal Republic of Germany to the exclusion of the UN sales law applies to contracts between you and us. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the country in which you as a consumer have your habitual residence, remain unaffected.
b. If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between you and us is our company headquarters.
c. The contract remains binding in its remaining parts even if individual points are legally ineffective. In place of the ineffective points, the statutory provisions apply, if they exist. To the extent that this would represent unreasonable hardship for one of the contracting parties, the contract as a whole becomes ineffective.
(last updated 09/2020)