Terms of service

1 Scope of application

(1) These General Terms and Conditions (hereinafter: GTC) apply to all contracts concluded via our online shop between us, the

caseable International GmbH,

Simsonsweg 5, 36341 Lauterbach, Germany

Managing Director: Benedikt Schäfer

Registered in the commercial register of the district court of Gießen, registration no.: HRB 4191,

Telephone number: 066411869151

E-mail address: support@caseable.com

VAT ID: DE 271621098

and you as our customer. The GTC apply regardless of whether you are a consumer, entrepreneur or merchant.

(2) All agreements made between you and us in connection with the purchase contract result in particular from these Terms and Conditions of Sale, our written order confirmation and our declaration of acceptance.

(3) The version of the GTC valid at the time of conclusion of the contract shall be authoritative.

(4) We do not accept any deviating terms and conditions of the customer. This also applies if we do not expressly object to their inclusion.

 

2 Conclusion of contract

(1) The presentation and advertising of items in our online shop do not constitute a binding offer to conclude a purchase contract.

(2) You can select products from the range presented in the online shop and collect them in a so-called shopping cart via the "Add to cart" button. There you can change the desired number of items at any time or remove selected goods completely. If you have deposited goods in the shopping cart, clicking on the continue buttons will take you to pages where you can enter your data and then select the shipping and payment method. On the subsequent overview page you can check your details again and correct any input errors. By sending an order via the online shop by clicking the "Pay now" button, you are placing a legally binding order. You are bound to the order for a period of two (2) weeks after placing the order; your right to revoke your order, if any, pursuant to § 11 shall remain unaffected.

(3) We will immediately confirm receipt of your order placed via our online shop by e-mail. Such an e-mail does not constitute a binding acceptance of the order unless, in addition to the confirmation of receipt, the acceptance is declared at the same time.

(4) A contract is only concluded when we accept your order by means of a declaration of acceptance or by delivering the ordered items. In this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, the text of the contract (consisting of the order, GTC and order confirmation) will be sent to you by us on a durable data medium (e-mail) (contract confirmation). The complete text of the contract will not be stored by us. Before sending the order via our online shopping basket system, the contract data can be printed out or electronically saved using the browser's print function. Or you can print out or electronically save the e-mail with the contract confirmation.

(5) The language available for the conclusion of the contract is English. For the German version of our online shop for Germany and Austria, please switch to www.caseable.de.

 

3 Delivery, availability of goods

(1) The delivery of the goods is carried out by a shipping service provider to be chosen by caseable GmbH. If you are a consumer, we bear the shipping risk.

(2) We are entitled to make partial deliveries as far as this is reasonable for you.

(3) Delivery times stated by us are calculated from the time of our order confirmation, unless we have agreed advance payment with you. In this case, the delivery time is calculated from the date of receipt of payment by us. If no or no deviating delivery time is specified for the respective goods in our online shop, it shall be 5-7 days.

(4) If no copies of the product selected by you are available at the time of the order, we will inform you of this immediately in the order confirmation. If the product is permanently not available, we will refrain from issuing a declaration of acceptance. In this case, a contract is not concluded.

(5) If the product specified by you in the order is only temporarily unavailable, we will also inform you of this immediately in the order confirmation.

(6) The following delivery restrictions apply: We only deliver to customers who have their habitual residence (billing address) in one of the following countries and can provide a delivery address in the same country: all countries of the EU and Norway. For deliveries to the United Kingdom, please go to the online shop www.caseable.uk.

(7) In the case of orders from customers with their place of residence or business abroad or in the case of justified indications of a risk of non-payment, we reserve the right to deliver only after receipt of the purchase price plus shipping costs (advance payment reservation). If we make use of the reservation of advance payment, we will inform you immediately. In this case, the delivery period begins with the payment of the purchase price and the shipping costs.

 

4 Prices and shipping costs

(1) All price quotations in our online shop are gross prices including the statutory value-added tax and are exclusive of any shipping costs incurred.

(2) The shipping costs are stated in our shipping information in our online shop. The price including VAT and applicable shipping costs is also displayed in the order mask before you submit the order.

(3) If we fulfil your order in accordance with § 3 para. 2 by partial deliveries, you will only incur shipping costs for the first partial delivery. If the partial deliveries are made at your request, we will charge shipping costs for each partial delivery.

 

5 Terms of payment and set-off and right of retention

(1) The purchase price and the shipping costs are due immediately.

(2) You can pay the purchase price and the shipping costs at your choice by EC/Maestro or credit card, by PayPal, by Sofortüberweisung or other payment methods that are shown in the online shop of caseable GmbH. Payments are processed via external payment service providers, among others. If payments are processed via these external payment service providers, their respective general terms and conditions apply. In the event that third parties are involved in the payment processing, the payment in relation to caseable GmbH is only considered to have been made when the amount has been made available to the third party in accordance with the contract, so that the third party can dispose of it without restriction.

If payment is made using a payment method offered by PayPal, the payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal terms and conditions of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/nl/webapps/mpp/ua/guest-tnc?locale.x=en_NL.

If a payment method offered via the "Shopify Payments" payment service is selected, the payment is processed via the payment service provider Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland (hereinafter: "Shopify"). The individual payment methods offered via Shopify are communicated to the customer in the caseable GmbH online shop. To process payments, Shopify may use other payment services, for which special payment conditions may apply, to which the customer may be informed separately. Further information on "Shopify Payments" is available on the Internet at https://www.shopify.com/payments.

If a payment method offered via the Klarna payment service is selected, the payment will be processed via Klarna Bank AB (publ.) Sveawägen 46, 11134 Stockholm, Sweden (hereinafter: "Klarna"). The individual payment methods offered via Klarna are communicated to the customer in the caseable GmbH online shop. The respective payment and business conditions of Klarna apply, which are available at https://www.klarna.com/ie/terms-and-conditions/.

(3) caseable GmbH reserves the right to limit the payment methods you can choose from depending on the order value, the shipping region or other factual criteria. In individual cases, we reserve the right to deliver the goods only after receipt of the sales price (advance payment reservation, cf. §3 para. 7).

(4) Any bank charges incurred when ordering from abroad shall always be borne by the customer.

(5) You are not entitled to offset against our claims unless your counterclaims have been legally established or are undisputed. You are also entitled to offset against our claims if you assert notices of defects or counterclaims from the same purchase contract.

(6) As a purchaser, you may only exercise a right of retention if your counterclaim arises from the same purchase contract.

 

7 Retention of title

The delivered goods remain our property until the purchase price has been paid in full.

 

8 Warranty

(1) We shall be liable for material defects or defects of title of delivered items in accordance with the applicable statutory provisions, in particular §§ 434 et seq. BGB. The limitation period for statutory claims for defects is two years and begins with the delivery of the goods. The warranty period vis-à-vis entrepreneurs is 12 months.

(2) An additional warranty shall only exist for the goods delivered by us if this was expressly given in the order confirmation for the respective item.

 

9 Liability

(1) Claims by you for damages are excluded. Exempt from this are claims for damages arising from injury to life, body or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by us, our legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.

(2) In the event of a breach of essential contractual obligations, we shall only be liable for the foreseeable damage typical for the contract if this was caused by simple negligence, unless it is a matter of claims for damages by you arising from injury to life, body or health.

(3) The restrictions of paragraphs 1 and 2 shall also apply in favour of our legal representatives and vicarious agents if claims are asserted directly against them.

(4) The limitations of liability resulting from paragraphs 1 and 2 do not apply insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item. The same applies insofar as we have reached an agreement with you on the quality of the item. The provisions of the Product Liability Act remain unaffected.

 

10 Copyrights

(1) We have copyrights to all pictures, films and texts published in our online shop. Use of the images, films and texts is not permitted without our express consent.

(2) If you transmit your own motif or otherwise influence the product (text personalisation), you assure caseable GmbH that the text and motif are free of third-party rights. In this case, any infringements of copyright, personal rights or rights to a name are fully at your expense. You also assure that you do not violate any other rights of third parties by individualising the product.

We reserve the right to reject orders received within the statutory acceptance period if it becomes known or is suspected during the ordering process that a print motif infringes the rights of third parties or statutory regulations.

(3) You will indemnify us from all claims and demands that are asserted due to the infringement of such third party rights, insofar as you are responsible for the breach of duty. You will reimburse caseable GmbH for all defence costs and other damages incurred.

 

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good

To exercise the right of withdrawal, you must inform us caseable GmbH, Simsonsweg 5, 36341 Lauterbach, telephone +49661411869151, email: support@caseable.de, of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or email). You may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

 

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.

You will have to bear the direct cost of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

 

Model withdrawal form

(complete and return this form only if you wish to withdraw from the contract)

To

caseable International GmbH, Simsonsweg 5, 36341 Lauterbach, email: support@caseable.de

I/We ( *1 ) hereby give notice that I/We (*1)  withdraw from my/our (*1)  contract of sale of the following goods (*1) /for the provision of the following service (*1) ,

— 

Ordered on (*1) /received on (*1) ,

— 

Name of consumer(s),

— 

Address of consumer(s),

— 

Signature of consumer(s) (only if this form is notified on paper),

— 

Date

 

( *1 ) Delete as appropriate

 

(4) The right of withdrawal does not apply to distance contracts for the delivery of goods that have been manufactured according to customer specifications or that are clearly tailored to personal needs or that are not suitable for return due to their nature.

 

12 Voluntary right of return for consumers

If you are a consumer, we grant you a voluntary right of return of 30 days after receipt of the goods in addition to the statutory right of revocation. With this right of return, you may return the goods to us under the following conditions even after expiry of the 14-day revocation period if you return the goods to the address stated below within 30 days of the day on which you or a third party named by you who is not the carrier took or has taken possession of the last goods, whereby timely dispatch is sufficient to meet the deadline.

The voluntary right of return only applies to goods for which the right of revocation is not excluded (§ 11 para. 4) and which are returned complete, unused or without damage caused by you in the original packaging.

You shall bear the direct costs of returning the goods as well as the transport risk. To exercise the right of return, please send the goods to caseable GmbH, Simsonsweg 5, 36341 Lauterbach, Germany

For the repayment when exercising the right of return, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse to make a repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

In addition to this voluntary right of return, the statutory provisions on the right of revocation and the statutory warranty rights shall remain in force and shall not be affected by the contractually granted right of return. Until the expiry of the statutory withdrawal period, only the statutory provisions on the right of withdrawal shall apply.

 

13 Applicable law and place of jurisdiction

(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country remains unaffected by the choice of law made in sentence 1.

(2) If you are a merchant and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction shall be that of the Seller's registered office. Otherwise, the applicable statutory provisions shall apply to the local and international jurisdiction.

 

14 Alternative Dispute Resolution

(1) The EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. More information is available at the following link: http://ec.europa.eu/consumers/odr .

(2) We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.