Terms of service
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following Terms and conditions apply to contracts that you conclude with us as a supplier (CAPTN Products GmbH) via the website www.captncoffee.com. Unless otherwise agreed, the inclusion of any terms and conditions you may have used is contradicted.
(2) A consumer in the sense of the following regulations is any natural person who enters into a legal transaction for purposes which, for the most part, cannot be attributed to either their commercial or their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods .
(2) As soon as you place the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can use the corresponding button in the navigation bar to call up the "shopping cart" and make changes there at any time.
After calling up the "Checkout" page and entering your personal data as well as the payment and shipping conditions, the order data will then be displayed to you as an order overview .
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofortüberweisung) as the payment method, you will either be taken to the order overview page in our online shop or to forwarded to the website of the provider of the instant payment system.
If you are forwarded to the respective instant payment system, make the appropriate selection or enter your data there. Finally, the order data will be displayed as an order overview on the website of the provider of the instant payment system or after you have been directed back to our online shop.
You have the option before sending the order to check the details in the order overview again, to change them (also via the "back" function of the Internet browser) or to cancel the order.
By sending the order via the corresponding button ("buy" or similar designation), you declare your acceptance of the offer in a legally binding manner, whereby the contract is concluded.
(4) Your inquiries about the preparation of an offer are non-binding for you. We will make you a binding offer in text form (e.g. by e-mail), which you can accept within 5 days (unless a different period is stated in the respective offer).
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partially automated by e-mail. You must therefore ensure that the e-mail address you have given us is correct, that the receipt of the e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
§ 3 contract period / cancellation of subscription contracts
The extended contractual relationship can be terminated at any time with a notice period of one month (unless a shorter period is stipulated in the respective offer).
(4) Any termination must be in text form (e.g. e-mail).
§ 4 Special agreements on offered payment methods
(1) Payment via Klarna
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna:
- Invoice: The payment period is 30 days from dispatch of the goods/ticket/or, in the case of other services, the provision of the service. The complete billing conditions for the countries in which this payment method is available can be found here: Germany.
- Installment purchase: With Klarna's financing service, you can pay for your purchase in fixed or flexible monthly installments under the conditions specified in the checkout. The installment payment is due at the end of the month after Klarna has sent a monthly invoice. Further information on installment purchase including the general terms and conditions and the European standard information for consumer credit for the countries in which this payment method is available can be found here (only available in the specified countries): Germany.
Sofortüberweisung: Available in Germany. Your account will be debited immediately after placing the order.
- Direct debit: The debit takes place after the goods have been shipped. You will be informed of the time by email.
More information about Klarna can be found here. You can find the Klarna app here.
§ 5 right of retention, retention of title
(1) You can only exercise a right of retention if the claims are from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following also applies:
a) We retain ownership of the goods until all payments have been settled in full Claims from the ongoing business relationship before the transfer of title to the reserved goods, pledging or security transfer is not permitted.
b) You can resell the goods in the ordinary course of business. In this case, you assign to us all claims in the amount of the invoice amount that accrue to you from the resale, and we accept the assignment. You are further authorized to collect the claim. However, if you do not meet your payment obligations properly, we reserve the right to collect the claim ourselves.
c) If the reserved goods are combined and mixed, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items objects at the time of processing.
d) We undertake to release the securities to which we are entitled at your request insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.
§ 6 Warranty
(1) The statutory rights to liability for defects exist.
(2) As a consumer, you are asked to inspect the goods immediately upon delivery for completeness, obvious defects and to check transport damage and to notify us and the forwarding agent of any complaints as quickly as possible. If you do not comply, this has no effect on your statutory warranty claims.
(3) As far as a feature of the goods from the objective requirements, the deviation is only deemed to have been agreed if you were informed by us of the same before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
(4) If you are an entrepreneur, the following applies, deviating from the above warranty provisions:
a) Only our own information and the product description of the manufacturer are deemed to be agreed as to the quality of the goods , but not other advertising, public promotions and statements by the manufacturer.
b) In the event of defects, we shall provide a warranty, at our discretion, by rectification or subsequent delivery. If the remedy of the defect fails, you can either demand a price reduction or withdraw from the contract. After a second unsuccessful attempt, the rectification of defects is deemed to have failed, unless something else arises from the type of goods or the defect or the other circumstances. In the event of rectification, we do not have to bear the increased costs incurred by bringing the goods to a place other than the place of performance, provided that the delivery does not correspond to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The shortening of the deadline does not apply:
- for culpably caused damage from injury to life, limb or health and for other damage caused intentionally or through gross negligence; - insofar as we have fraudulently concealed the defect or have assumed a guarantee for the condition of the item;
- in the case of items that have been used for a building in accordance with their normal use and have caused its defectiveness have;
- in the case of statutory rights of recourse which you have against us in connection with warranty rights.
§ 7 Choice of law, place of performance, place of jurisdiction
(1) German law applies For consumers, this choice of law only applies insofar as it does not withdraw the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence (principle of favourability).
(2) The place of performance for all services arising from the business relationship with us and the place of jurisdiction is our registered office if you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your domicile or habitual abode is not known at the time the action is filed. The authority to appeal to the court at another legal place of jurisdiction remains unaffected.
(3) The provisions of the UN Sales Convention expressly do not apply.
II. Customer information
1. Identity of the seller
CAPTN Products GmbH
Phone: +49 40 688 988 47
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), which can be accessed at https://ec.europa.eu/odr.
2. Information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the regulations "Conclusion of the contract" in our General Terms and Conditions (Part I.).
3. Contract language, contract text storage
3.1. Contract language is German.
3.2. We do not save the full text of the contract. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the print function of the browser. After we have received the order, the order data, the information required by law for distance contracts and the general terms and conditions will be sent to you again by email.
3.3. If you request an offer outside of the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by e-mail, which you can print out or save electronically.
4. Codes of Conduct
4.1. We have subjected ourselves to the quality criteria of Händlerbund Management AG for the buyer's seal, which can be viewed at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertigungsbedingungen.pdf.
4.2. We have submitted to the code of honor of Trusted Shops GmbH, which can be viewed at: http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf.
5. Essential characteristics of the goods or service
The essential characteristics of the goods and/or service can be found in the respective offer.
6. Prices and terms of payment
6.1. The prices listed in the respective offers and the shipping costs represent total prices. They include all price components including all applicable taxes.
6.2. The shipping costs are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you in addition, unless free delivery has been promised.
6.3.Any costs incurred for transferring money (bank transfer or exchange rate fees) are to be borne by you in cases where the delivery is made to an EU member state but the payment was made outside the European Union
6.4. The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.
6.5. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
7. Terms of delivery
7.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
7.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment only passes to you when 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 contractor or another person responsible for carrying out the shipment.
If you are an entrepreneur, delivery and shipping is at your own risk.
8. Statutory liability for defects
Liability for defects is based on the "Warranty" provision in our General Terms and Conditions (Part I).
9. Contract term / termination
Information on the term of the contract and the terms of termination can be found in the regulation "Contract term / termination for subscription contracts" in our General Terms and Conditions (Part I), as well as in the respective offer .
These General Terms and Conditions and customer information were created by the Händlerbund's lawyers, who specialize in IT law, and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. More information can be found at: https://www.haendlerbund.de/de/dienstleistungen/rechtssicherheit/agb-service.
last update: 01.01. 2022