Conditions
GENERAL TERMS AND CONDITIONS OF BUSINESS
§ 1 Scope
The following terms and conditions apply to all orders or sales contracts concluded via this online shop. This online shop is aimed exclusively at consumers.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. Entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
§ 2 Formation of a contract
(1) The purchase contract is concluded with the CNUT Bags online shop ("seller").
(2) The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalogue. The customer can initially place our products in the shopping cart without obligation and correct his entries at any time before sending a binding order by using the uses the correction aids provided and explained in the ordering process. By clicking the order button, the customer places a binding order for the goods contained in the shopping cart. The point in time at which the purchase contract is concluded depends on the respective payment methods.
If you have chosen credit card payment, the contract is concluded when you click the order button.
If you have chosen the PayPal payment method, the contract is concluded with the confirmation of the payment order to PayPal.
If you have chosen the payment method Sofortüberweisung, the contract comes into effect with the confirmation of the payment order to SOFORT AG.
If you have selected the advance payment method, the contract is concluded with the order confirmation, which you receive by e-mail immediately after sending the order.
§ 3 Right of Withdrawal
(1) Consumers generally have a right of withdrawal zu.
(2) Further information on the right of cancellation can be found in the seller's cancellation policy.
(3) The right of withdrawal does not apply to consumers who do not belong to any member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.
§ 4 Prices and terms of payment
(1) For all on the seller's websites, in particular www.cnutbags.de, indicated prices are always final prices.
(2) For deliveries to customers within Germany, shipping costs may apply. These are displayed in the ordering process. For deliveries outside of Germany, please contact us directly via hello@cnutbags.de on.
(3) The customer agrees that invoices, credit notes or other notifications relating to the order are sent exclusively by email.
(4) The customer agrees that the data required for shipping will be passed on to shipping service providers and dropshipping partners in order to enable the shipping of the ordered goods.
(5) The customer can choose from the following different payment methods: payment in advance, PayPal, immediate transfer and credit card.
Payment in advance
If the customer chooses to pay in advance during the ordering process, the payment must be transferred to the account specified by the seller in the order confirmation within 10 working days after the conclusion of the contract. In the case of advance payment, the ordered goods will only be delivered after the full amount has been credited to the seller's account. In the event of non-transfer and/or non-reaction to reminders via e-mail, the order may be canceled by the seller 14 days after the conclusion of the contract.
PayPal
When paying with PayPal, the customer is forwarded to the website of the online provider PayPal during the ordering process. In order to be able to pay the invoice amount via PayPal, the customer must be registered with PayPal or first register, legitimize with the access data and confirm the payment order to the seller. After placing the order in the online shop, the seller requests PayPal to initiate the payment transaction. The customer receives further information during the ordering process. The payment transaction is automatically carried out by PayPal immediately afterwards.
Sofortüberweisung (SOFORT):
This payment method is a free direct transfer method that allows you to make a real-time transfer from your bank account. After selecting the payment method Sofortüberweisung in the ordering process, you will be directed to the secure payment form of SOFORT GmbH, Theresienhöhe 12, 80339 Munich. SOFORT GmbH automates the payment process without giving the retailer access to it. In order to be able to carry out an immediate transfer, SOFORT GmbH needs your name, bank code and account number as well as the PIN and a TAN of your online banking account. Only your name, your bank code and your account number are stored by SOFORT GmbH. The purchase amount is immediately and directly transferred to the merchant's bank account. Immediately after the payment, you will receive a transaction confirmation from SOFORT GmbH.
Credit card
Payment is due immediately upon conclusion of the contract. The amount will be debited from your credit card immediately. The customer undertakes to pay the price plus any costs incurred within 10 days of the conclusion of the contract if the credit card charge is rejected.
§ 5 Delivery and shipping conditions
(1) The seller delivers to the billing address specified by the customer in the course of the order, unless otherwise agreed. If the delivery is transported back to the seller because it cannot be delivered to the delivery address specified by the customer, the customer bears the costs for transport and/or a new delivery.
(2) In the case of mail-order sales, the risk of accidental loss and accidental deterioration of the goods passes to the customer when the goods are handed over from the seller to the transport service provider if the customer is an entrepreneur (cf. Section 1 (3)). For consumers (cf. § 1 paragraph 2), this risk only passes when the goods are handed over to the customer or a person authorized to receive them. The risk of accidental loss and accidental deterioration of the goods passes to the customer when the seller hands them over to the transport service provider if the customer commissions a transport service provider, but does not name this to the seller.
(3) The seller can withdraw from the contract even after the order confirmation has been sent if the order cannot be delivered. If the item ordered is not available, the customer will be informed within 3 working days and any amounts paid will be refunded immediately.
(4) All products presented in the CNUT Bags shop are ready for dispatch within three working days. Unless a longer delivery date is specifically indicated.
§ 6 Data transfer for shipping
(1) To process your order, we work together with the following service provider(s), who support us in whole or in part in shipping the ordered products. Certain personal data is transmitted to these service providers in accordance with the following information.
(2) The personal data collected by us will be passed on to the transport company commissioned with the delivery as part of the contract, insofar as this is necessary for the delivery of the goods. The following partners pass on name, address and e-mail address for shipment tracking to ensure the shipment of goods:
(A) DHL Paket GmbH (gogreen)
(3) We pass on your payment data to the commissioned credit institution as part of the payment process, if this is necessary for the payment process. If payment service providers are used, we will explicitly inform you of this below. The legal basis for the transfer of data is Article 6 (1) (b) GDPR.
§ 7 Retention of title
The goods remain the property of the seller until full payment has been made. This applies to consumers and entrepreneurs.
§ 8 Warranty
(1) If the purchased item is defective, the provisions of the statutory liability for defects apply (§§ 434 ff. BGB). For consumers, the limitation period for statutory claims for defects is two years from the delivery of the goods.
(2) Consumers are also asked by the seller to check the delivered goods as soon as possible upon receipt by the transport service provider and, if necessary, to complain directly to the seller and to inform the seller of this, which, however, has no effect on the statutory liability for defects within the meaning of paragraph 1. For the sake of clarification, it should be noted once again that the consumer has no obligation to give notice of defects comparable to paragraph 3. In this respect, the examination and complaint only serves to facilitate processing, but has no influence on the legal status and rights of the consumer.
§ 9 Liability
(1) The seller is always liable without limitation for claims based on damage caused by the seller, his legal representatives or vicarious agents
– in the event of injury to life, limb or health,
- in the event of intentional or grossly negligent breach of duty,
– in the case of promises of guarantees, if agreed, or
– as far as the scope of application of the Product Liability Act (“ProdHaftG”) is open.
(2) In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and the observance of which the contractual partner may regularly rely on (cardinal obligations) due to slight negligence on the part of the seller, his legal representatives or vicarious agents, the liability is based on the limited to the damage foreseeable upon conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims based on slight negligence are excluded.
Section 10 Information on online dispute resolution (Art. 14 ODR Ordinance or Section 36 VBSG)
(1) The EU Commission provides a platform for online dispute resolution on the Internet under the following link:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=DE
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved. The seller is neither obliged nor willing to participate in the dispute resolution process.
§ 11 Changes to the General Terms and Conditions
(1) The seller is entitled to change these General Terms and Conditions with a corresponding notice period (see paragraph 2) if a change (i) is necessary and (ii) the customer is not unreasonably disadvantaged as a result.
(2) The seller shall notify the customer of any changes to the GTC in text form six weeks before they come into effect.
(3) If the customer does not agree with the changes, he can object to them. The seller informs the customer of the existence of this right of objection in the change notification and that the changes are considered approved if the customer does not object to them within four weeks of receipt of the change notification.
§ 12 Conditions of participation for competitions on Instagram
(1) Participation in the CNUT Bags (organizer) competition is only possible if these conditions of participation are taken into account. By participating in the competition, the user (participant in the competition) accepts the conditions of participation in the competition. The organizer runs competitions on Instagram. The competitions are not supported by Instagram and are not connected to Instagram. Instagram is only the platform on which the organizer organizes the competition.
(2) Eligibility: All natural persons with legal capacity who are at least 14 years old and who are resident in Germany can take part, since the prizes are only shipped to Germany. Employees or persons who have a business relationship with the organizer are excluded from participation. By participating, the user agrees that if he/she wins, his/her name and/or picture will be published on the internet.
(3) Beginning and end of the competition: Participation is only possible in the period specified in the article; the closing date for entries can also be found in this article. The legal process is excluded.
(4) The prize: The possible prize is mentioned in the post. The competition does not incur any additional costs. The prize will be delivered to the winner by post or digitally. For this it is necessary that the winner informs the organizer of their delivery address.
(5) Liability and/or claims for damages against the organizer in connection with the competition are excluded within the legally permissible limits, regardless of the legal basis, unless the organizer violated legal obligations intentionally or through gross negligence. The organizer is not liable for contributions or statements by the user. In particular, not for contributions, statements or comments that contain insults, false facts, competition, trademark or copyright violations. The user is liable for any legal violations. Furthermore, the organizer is not liable for damage resulting from the impairment of the availability of the competition entry, technical faults that cannot be influenced and events of force majeure, as well as attacks by third parties against the competition entry. However, the organizer will do everything possible to ensure the reliability and functionality of the competition entry. Furthermore, the organizer does not guarantee or guarantee that the competition entry will function properly on any technical device. In the event of misuse of the above-mentioned disruptions, the organizer has the right to change, adapt or terminate the competition if this is necessary due to circumstances.
(6) The organizer grants the highest possible data protection standard within the scope of the competition and observes all relevant legal provisions in this regard. The organizer will not pass on any personal data to third parties or sell address data. The organizer stores the personal data of the respective participants exclusively for the purpose of the competition. The participant hereby expressly declares his/her consent to the storage and use of the personal data provided for the above-mentioned purpose.
(7) Selection process: The winner will be determined in the way announced in the entry (by random selection or by jury decision). The winners will be informed via the Instagram comment function of the Instagram post. Each winner must email to within 5 business dayshello@cnutbags.deReport . If a winner does not register within this period, the prize will be raffled among all other participants.
(8) Contact: If you have any questions regarding the implementation of this competition and the processing and use of personal data, please contact: hello@cnutbags.de
§ 13 Final Provisions
Should one or more provisions of these General Terms and Conditions be or become invalid, this will not affect the validity of the other provisions. The seller and the customer undertake to replace a provision that has become ineffective with one that comes as close as possible to what is economically intended.
German law applies. The provisions of the UN sales law do not apply.