General Terms and Conditions (Catch&Keep)
§ 1 Scope and supplier
(1) These General Terms and Conditions apply to all orders placed by you with the online store of
Catch & Keep GmbH
Ebinger Str. 4
72479 Strassberg
Germany
Managing Director:
Christopher Kleiner
are active.
(2) The offer of goods in our online store is directed exclusively to buyers who have reached the age of 18.
(3) Our deliveries, services and offers are made exclusively on the basis of these basis of these General Terms and Conditions. The General Terms and Conditions apply to companies thus also for all future business relations, even if they are not expressly agreed upon. The inclusion of general terms and conditions of a customer, which contradict our general terms and conditions are contradicted already now.
(4) The contract language is exclusively English.
(5) You can download the currently valid General Terms and Conditions on the website and print them out.
§ 2 Conclusion of contract
(1) The presentation of goods in the online store does not constitute a binding application for the conclusion of a purchase contract. Rather, it is a non-binding invitation to order goods in the online store.
(2) By clicking the button [“Order now with obligation to pay” / “Buy”] you submit a binding offer to purchase (§ 145 BGB). Immediately before submitting this order, you can check the order once again and and correct it if necessary.
(3) After receipt of the purchase offer you will receive an automatically generated Mail, confirming that we have received your order (confirmation of receipt). This confirmation of receipt does not constitute an acceptance of your purchase offer. A contract is not concluded by the confirmation of receipt.
(4) A contract of sale for the goods shall not be concluded until we expressly declare our acceptance of the purchase offer (order confirmation) or if we send the goods – without prior express declaration of acceptance – to you.
Exception: in case of payment in advance and PayPal the acceptance of the order immediately comes with your order.
§ 3 Prices
The prices listed on the product pages include the statutory value added tax and other price components and are exclusive of the respective shipping costs. Further information on shipping costs can be found on our website under [“Shipping information” / “Delivery conditions” / “Terms of delivery”].
§ 4 Terms of payment; Delay
(1) Payment shall be made either by:
advance payment,
cash on delivery,
credit card
or Paypal.
(2) The selection of the respective available payment methods is incumbent upon us. We reserve the right, in particular, to offer you only selected payment methods, for example, to hedge our credit risk only prepayment.
(3) If you select the payment method prepayment, we will provide you with our bank details in the order confirmation. The invoice amount is to be paid within 10 days after receipt of the order confirmation to our bank account.
(4) If payment is made by cash on delivery, an additional fee of [5] EUR which will be charged by the deliverer on site. Further costs and taxes do not incurred.
(5) If you pay by credit card, the purchase price will be reserved on your credit card at the time of the order (authorization). The actual charge on your credit card account takes place at the time we ship the goods to you.
(6) When paying with PayPal, you will be redirected to the website of the online provider PayPal during the order process. In order to pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment instruction to us. After submitting the order in the store, we request PayPal to initiate the payment transaction. You will receive further instructions during the ordering process. The payment transaction is carried out by PayPal immediately and automatically carried out.
(7) If you are in arrears with a payment, you are obliged to pay the statutory default interest of 5 percentage points above the base rate. For every reminder sent to you after the occurrence of the delay, you will be charged a reminder fee in the amount of 2.50 EUR, unless in individual cases a lower or higher damage is proven.
§ 5 Offsetting/Right of Retention
(1) You shall only have the right to set-off if your counterclaim has been legally established, is not disputed or acknowledged by us or is in a close synallagmatic relationship to our claim.
(2) You may only exercise a right of retention if your counterclaim is based on the same contractual relationship.
§ 6 Delivery; Retention of Title
(1) Unless otherwise agreed, delivery of the goods shall be made from our warehouse to the address specified by you.
(2) The goods remain our property until full payment of the purchase price.
(3) We are exceptionally not obliged to deliver the ordered goods, if we have duly ordered the goods, but have not been supplied correctly or delivered correctly or on time (congruent hedging transaction).
The prerequisite is that we are not responsible for the lack of availability and that we have informed you of this circumstance without delay. In addition, we must not have assumed the risk of procuring the ordered goods. In the event of corresponding unavailability of the goods, we will immediately reimburse you for any payments already made. The risk of having to get some ordered goods (procurement risk), we do not assume to have to. This also applies to orders for goods that are only described in terms of their type and characteristics (generic goods). We are only obliged to deliver from our stock of goods and the goods ordered by us from our suppliers.
(4) If you are an entrepreneur within the meaning of § 14 BGB (German Civil Code), the following shall apply in addition:
– We retain title to the goods until all claims arising from the current business relationship. Prior to the transfer of ownership of the goods subject to retention of title, pledging or transfer of ownership by way of security is not permitted.
– You may resell the goods in the ordinary course of business. For this case, you hereby assign to us all claims to the amount of the invoice, which accrue to you from the resale, to us. We accept the assignment, but you are authorized to collect the claims. Insofar as you do not meet your payment obligations, we reserve the right to collect the claims ourselves,
– In the event of combination and mixing of the reserved goods, we shall acquire co-ownership of the new item.
– We undertake to release the securities to which we are entitled upon request on demand to the extent that the realizable value of our securities exceeds the value by more than 10%. The selection of the securities to be released shall be incumbent upon us.
§ 7 Cancellation policy
In the event that you are a consumer within the meaning of § 13 BGB, i.e. you are making the purchase for purposes, which are predominantly neither your commercial nor your independent professional activity, you have a right of withdrawal in accordance with the following provisions.
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving reasons.
The revocation 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 at
Company:
Catch & Keep GmbH
Christopher Kleiner
Ebinger Str. 4
72479 Strassberg
Germany
Phone: +49 (0)7434 7419810
E-Mail: support@catchandkeep.co.uk
by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) about your decision to cancel this contract, inform us.
You can use the enclosed sample cancellation form for this, however, is not mandatory.
To comply with the withdrawal period, it is sufficient that you send the notification about the exercise of the right of revocation before the expiry of the revocation period.
Consequences of the revocation
If you revoke this contract, we shall return to you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us) without undue delay and at the latest within fourteen days from the day on which we receive the notification of your revocation of this contract. For this repayment we use the same means of payment that you used in the original transaction, unless otherwise expressly agreed with you; in no case will you be charged for this repayment.
We can refuse the repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return the goods without undue delay and in any case no later than fourteen days from the day on which you notify us of the revocation of this contract to us or to [if applicable, the name and address of a person authorized by you to receive the person authorized by you to receive the goods] hand over. The deadline is met if you send the goods before the expiration of the period of fourteen days.
You shall bear the direct costs of returning the goods.
You only have to pay for a possible loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for the condition, properties and functioning of the goods.
Sample cancellation form
If you want to cancel the contract, please fill out this form and send it back.
To
Company:
Catch & Keep GmbH
Christopher Kleiner
Ebinger Str. 4
72479 Strassberg
Germany
support@catchandkeep.co.uk
Herewith I/we (*) revoke the contract concluded by me/us (*) concerning
the purchase of the following goods (*):
Ordered on (*)/received on (*)
Name of the consumer(s):
Address of consumer(s):
Signature of consumer(s) (only in case of paper communication)
Date
(*) Delete where not applicable.
End of the cancellation policy
(1) The right of withdrawal does not apply to the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is relevant or which are clearly tailored to the personal needs of the consumer (eg. T-shirts with your photo and your name).
– sealed goods, which are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery,
– of goods, if they are inseparable from other goods after delivery because they have been inseparably mixed with other goods,
– sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery,
– of newspapers, periodicals or magazines with the exception of subscription contracts.
(2) Please avoid damage and contamination. Please send in the original packaging with all accessories and packaging components to us. If necessary, use a protective outer packaging. If you no longer have the original packaging please use suitable packaging to provide sufficient protection against transport damage in order to avoid claims for compensation
(3) Before returning the goods, please call us at +49 (0)7434 7419810 to announce the return. In this way you enable us to allocate the products as quickly as possible.
(4) Please note that the modalities mentioned in paragraphs 2 and 3 above are not a prerequisite for the effective exercise of the right of withdrawal.
§ 8 Transport damage
(1) If goods are delivered with obvious transport damage, please complain immediately to the carrier and contact us as soon as possible.
(2) Failure to make a complaint or to contact us has no consequences for your legal warranty rights. However, they do help us our own claims against the carrier or the transport insurance.
§ 9 Warranty
(1) Unless expressly agreed otherwise, your warranty claims shall be governed by the statutory provisions of the purchase law (§§ 433 ff. BGB).
(2) If you are a consumer within the meaning of § 13 BGB, the warranty period shall be the period of liability for warranty claims for used goods is – deviating from the statutory provisions – one year. This limitation does not apply to claims based on damages arising from the injury to life, limb or health or from the breach of a material contractual breach of an essential contractual obligation, the fulfillment of which is a prerequisite for the proper performance of the contract in the first place and on whose observance of which the contractual partner may regularly rely (cardinal obligation) as well as for claims due to other damages which are based on an intentional or damage resulting from an intentional or grossly negligent breach of duty by the user or his vicarious agents.
(3) In all other respects, the statutory provisions shall apply to the warranty, in particular the two-year limitation period pursuant to § 438 para. 1 No. 3 BGB.
(4) If you are an entrepreneur in the sense of § 14 BGB, the statutory provisions shall apply with the following modifications:
– Only our own specifications and the manufacturer’s product description are binding for the quality of the goods but not public statements and other advertising by the manufacturer.
– You are obligated to inspect the goods immediately and with due diligence for deviations in quality and to notify us of any obvious defects within 7 days of receipt of the goods.
Timely dispatch shall be sufficient to meet the deadline. This also applies to later discovered hidden defects from the time of discovery. In case of violation of the obligation to inspect and give notice of defects, the assertion of warranty claims is excluded.
– In the event of defects, we shall, at our discretion, provide warranty by rectifying the defect or replacement delivery (supplementary performance). In the event of rectification of defects costs incurred by transporting the goods to a place other than the place of performance, insofar as the transport is not the intended use of the goods does not correspond.
– If the subsequent performance fails twice, you may at your option demand a reduction or withdraw from the contract.
– The warranty period is one year from delivery of the goods.
§ 10 Liability
(1) Unlimited liability: We shall be liable without limitation for intent and gross negligence and in accordance with the Product Liability Act. For slight negligence, we shall be liable for damages resulting from injury to life, body and body and health of persons.
(2) In all other respects, the following limited liability shall apply: In the case of slight negligence we shall only be liable in the event of a breach of a material contractual obligation, the proper performance of the contract in the first place and on the observance of which you can and on whose compliance you may regularly rely (cardinal obligation). The liability for slight negligence is limited in amount to the foreseeable at the time of the conclusion of the contract, the occurrence of which must be expected. This limitation of liability shall also apply in favor of our vicarious agents.
§ 11 Alternative Dispute Resolution
The EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to resolve disputes in connection with their online order without the intervention of a court. The dispute resolution platform can be reached via the external link accessible. We are committed to resolve any disagreements arising from our contract amicably. Furthermore, we are not obligated to participate in any arbitration proceedings and can not offer you the participation in such a procedure.
§ 12 Final provisions
(1) Should one or more of the provisions of these General Terms and Conditions be or become invalid, the validity of the other provisions shall not be affected.
(2) Contracts between you and us shall be governed exclusively by German law to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, “UN Sales Convention”). Mandatory provisions of the country in which you are habitually shall remain unaffected by the choice of law.
(3) If you are a merchant, a legal entity under public law or a special fund under public law, the place of our business shall be the place of jurisdiction for all disputes arising from or in connection with contracts between us and you.
Status: August, 2021