§ 1 General
Da Capo GmbH, Nymphenburger Straße 25 RGB, 80335 Munich, Germany (hereinafter referred to as “Da Capo” or “we”) operates an online shop at the Internet address www.dacapo-badnauheim.com/, where in particular Italian specialties and other products are offered for sale. These General Terms and Conditions of Business shall apply to all legal relationships in this respect between Da Capo GmbH and the customer (“Customer” or “Purchaser”), who may be either a consumer within the meaning of Section 13 of the German Civil Code (“Consumer”) or a business person within the meaning of Section 14 of the German Civil Code (“Business Person”) and must in any event be of legal age. Any terms and conditions of business of the Customer shall not apply unless Da Capo has expressly agreed to their application in writing in advance.
§ 2 Important Notes
1. the goods offered at www.dacapo-badnauheim.com/ are presented on the website in the form of digital photographs of the real existing goods. Minor differences between the representation and reality do not constitute a defect of the ordered goods.
2. the indicated prices are in Euro including VAT and excluding shipping costs.
3. da Capo is entitled to make partial deliveries.
4. vouchers are not valid on sale items.
5. cost bearing agreement
You have to bear the regular costs of the return shipment if the delivered goods correspond to the ordered goods. Otherwise the return is free of charge.
Right of withdrawal
You have the right to revoke this contract within fourteen days without giving reasons. The withdrawal period is fourteen days from the day on which you or a third party designated by you, other than the carrier, took possession of the goods.
In order to exercise your right of revocation, you must inform us (Da Capo GmbH, Nymphenburger Straße 25 RGB, 80335 Munich, firstname.lastname@example.org, phone: +49 1516 7173602) by means of a clear declaration (e.g. a letter, fax or e-mail sent by post) of your decision to revoke this contract. You may use the attached sample revocation form for this purpose, but this is not mandatory.
In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of revocation
If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (except for any additional costs resulting from you choosing a different method of delivery to the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date on which we receive notification of your revocation of this Agreement. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case you will be charged for this repayment. We may refuse to make any refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any event no later than fourteen days from the date on which you notify us of the cancellation of this agreement. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the fourteen-day period. We shall bear the costs of returning the goods. You shall only be liable for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for the purpose of checking their condition, properties and functionality.
Sample cancellation form
(If you want to cancel the contract, please fill out this form and send it back).
– To Da Capo GmbH, Nymphenburger Strasse 25 RGB, 80335 Munich, Germany, email@example.com
– 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 in case of communication on paper)
(*) Delete as applicable.
§ 4 Conclusion of contract
The presentation of the products in the online shop is not a legally binding offer, but a non-binding online catalogue.
By clicking on the button “Buy”/ “order subject to payment” you place a binding order for the goods contained in the shopping cart. Confirmation of receipt of your order will be sent together with the acceptance of the order immediately after sending by automated e-mail. With this e-mail confirmation the purchase contract is concluded. Da Capo GmbH is entitled to reject an offer on your part without stating reasons, in particular if there is a well-founded suspicion that the goods purchased via the Internet are to be resold commercially.
§ 5 Storage of the text of the contract
We save your order data. If you would like a printout of your order, you have the possibility to print out a “confirmation of receipt”. This will appear on your screen after you have sent the order to us by clicking the “Buy Now” button and your payment details have been successfully checked.
In addition, you will receive the order confirmation with all the data entered by e-mail, which can also be printed out.
§ 6 Delivery & Shipping
Unless otherwise agreed, the delivery will be made from stock to the delivery address indicated by the customer. The delivery time is usually 2-4 working days. A delivery to a packing station is currently not possible.
If the customer wishes a special way of dispatch (e.g. express delivery), he shall bear the additional costs incurred for this. The risk of transport passes to the customer when the goods are handed over to the carrier, unless the customer is a consumer and the order represents a purchase of consumer goods for him.
§ 7 Payment, default of payment
You can pay either by credit card or Paypal. All payments as well as credit notes are processed in the currency underlying the purchase.
Payment by credit card
We accept the following credit cards: Visa and Mastercard. If you pay by credit card, your account will be debited when the invoice is issued / the goods are shipped. When paying by credit card, alcohol may only be shipped within Germany. The financial information in credit card transactions (number of the card, expiration date, etc.) is automatically forwarded using an encrypted protocol without Da Capo or third parties having access to it in any form. This information is also never used again, with the exception of reimbursement in the event of any returns. Please note that this is a direct debit.
Payment by Pay Pal
If you have a Paypal account, you are welcome to use it for payment. Paypal is a very secure payment method, where Paypal acts as a trustee, which offers the customer the possibility to reclaim the money already paid in case of discrepancies with the merchant and minimizes the credit risk for the merchant. If you do not have a Paypal account yet, you can register for free at www.paypal.de.
§ 8 Retention of title
The delivered goods remain the property of Da Capo GmbH until full payment has been received.
§ 9 Questions about the order or complaints
If you have any questions about your order or complaints, please contact our Service Team: E-Mail: firstname.lastname@example.org, Phone: +49 1516 7173602
§ 10 Warranty / Liability
Details, drawings, illustrations, technical data, weight, dimensional and performance descriptions contained in brochures, catalogues, circulars, advertisements or price lists are for information purposes only. We do not assume any liability for the correctness of this information.
Insofar as a defect covered by warranty exists, you are entitled within the framework of the statutory provisions to demand subsequent performance, to withdraw from the contract after subsequent performance has failed, to reduce the purchase price or, in the event of fault on the part of Da Capo, to claim damages.
We shall only be liable for damages other than those resulting from injury to life, limb or health to the extent that such damages are based on intentional or grossly negligent conduct or on culpable breach of a material contractual obligation (so-called “cardinal obligation”, i.e. an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance the contractual partner regularly relies and may rely) by us or our vicarious agents (e.g. the delivery service). Any further liability for damages is excluded. The provisions of the Product Liability Act shall remain unaffected by this; liability for the fraudulent concealment of a defect and for an expressly guaranteed quality shall also remain unrestricted.
Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times given the current state of technology. We are therefore neither liable for the constant and uninterrupted availability of our online shop nor for technical and electronic errors during an ordering process, over which we have no influence.
If links to other websites or sources are created, we are not responsible or liable for the availability of such external sites or sources. We do not adopt contents accessible on such websites or sources as our own and exclude any liability or warranty with regard to them, unless in individual cases we have positive knowledge of the illegality of the contents.
The limitation period for legal claims for defects is two years and begins with the date of delivery, i.e. with the receipt of the goods by the buyer. We ask you to notify us immediately of any visible material, manufacturing or transport defects, but this is not a prerequisite for the effective assertion of warranty claims.
§ 11 Choice of law, effectiveness
1. German law shall apply to the exclusion of the UN Sales Convention.
2. If the customer is a merchant, legal entity under public law or special fund under public law, Munich shall be the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship.
3. Should one or more provisions be invalid, this shall not affect the validity of the remaining provisions.