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STANDARD TERMS AND CONDITIONS OF BUSINESS

§ 1 SCOPE


The following standard terms and conditions of business in the version valid at the time of the order shall apply to the business relationship between Kaputage and the buyer. Kaputage does not recognise the buyer´s deviating terms and conditions unless it has explicitly agreed in writing to their validity.

§ 2 OFFER AND CONCLUSION OF THE CONTRACT

2.1. Orders from the customer submitted in writing, by telephone via the online shop or per email are offers to which the buyer is bound in principle. The contract shall come into effect through an acceptance of the order or by sending the goods.

2.4. The object sold can deviate in the original from the colour that can be seen in the pictures on the respective offer page because changes to colours can occur through photography and through the monitor settings.

§ 3 PRICE AND SHIPPING TERMS

3.1. The prices that are shown on the internet pages at the time of the order shall apply. Kaputage reserves the right to correct obvious errors.

3.2. All prices are in euros and include VAT at the appropriate rate.

3.3. Packaging and shipping costs, which the buyer has to pay on principle, will be added to the prices.

3.4. The purchase price is due immediately with the order. At present the buyer can only pay the purchase price in advance (e.g. cash or by remittance).

3.5. The goods will be sent to the buyer after receipt of payment and its availability in the account held by Kaputage and shown in the acceptance of the order. The actual accruing freight costs charged by the carriers will be billed for especially bulky or heavy consignments that GLS or another parcel delivery service no longer carries in accordance with its terms and conditions.

3.6. Offers by Kaputage are subject to change without notice and are subject to the reservation that Kaputage obtains the goods itself in time and that they are available, unless otherwise expressly agreed in writing in an individual case. An inability to deliver or non-compliance with delivery dates because of whole or partial non-availability of the goods shall entitle the buyer to withdraw from the contract after the expiry without result of an adequate additional period of the time of not less than fourteen days. Payments that have already been made will be returned. The buyer not be entitled to further rights in such cases. Kaputage reserves the right to withdraw from the contract as well.

3.7. Kaputage shall inform the buyer of any obstacles to delivery without delay but at the latest within one week.

3.8. Kaputage shall bill a delivery cost share of EUR 5.50 for postage/packing and insurance for a delivery within Germany with a goods value of up to EUR 100.00 in an order. There are no delivery costs for deliveries within Germany with a higher goods value in an order.

3.9. Delivery costs in Europe (outside Germany) are EUR 10.00.

3.10. Unless otherwise agreed deliveries shall be ex store to the delivery address provided by the buyer. Information on the delivery date is non-binding unless the delivery date was confirmed bindingly by way of exception.

3.11. Part deliveries are permitted.

3.12. The goods delivered shall remain the property of Kaputage until full payment.

§ 4 SETTING OFF; WITHHOLDING

The buyer shall only have the right to set off if his counterclaims are final and conclusive or have been acknowledged by Kaputage. In addition, he shall only be entitled to exercise his right of retention insofar as his counterclaim is based on the same contractual relationship.

§ 5 WARRANTY FOR DEFECTS AND LIABILITY

If the item purchased has a defect for which Kaputage is responsible the buyer shall have the option of demanding either remedy of the defect or a replacement delivery. If Kaputage is unwilling or unable to remedy the defect/provide a replacement because this is unreasonable or if these are delayed beyond a reasonable date for reasons for which Kaputage is responsible or if the remedy of the defect/replacement is unsuccessful for other reasons, the buyer shall have the option of withdrawing from the contract or demanding an appropriate reduction in the price or damages. Unless otherwise provided for below all further claims by the buyer, for whatever legal reason, are excluded. Kaputage shall therefore not be liable for damage that is not caused to the item delivered itself; in particular Kaputage shall not be liable for lost profits or other financial losses of the buyer. Insofar as Kaputage´s liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents. The above limit on liability shall not apply insofar as the damage was the result of intention or gross liability or if there is any personal injury. This shall also not apply if the buyer submit claims under §§ 1, 4 of the german product liability act claims based on the lack of a warrented quality or claims for damages for non-performance. If Kaputage breached a material contractual obligation the duty to pay compensation for material damage shall be limited to the typical damage. The guarantee period shall be twendy-four months from the date of delivery.

§ 6 COPYRIGHT

The complete content of Kaputage´s offer pages are subject to copyright. Use, in particular of text, graphics, pictures, data etc., including in an abridged form, is only permitted with the prior written approval of the copyright holder. Non-compliance will be pursued in the criminal and civil courts.

§ DATA PROTECTION

Kaputage uses the buyer´s inventory data solely for processing the order. Kaputage stores and processes customer data in compliance with the relevant provisions of the german data protection act (BDSG) and of the Teleservice Data Protection Act (TDDSG). The buyer shall have the right at any time to information on his stored data and to have it corrected, blocked and deleted without charge. Please contact info@kaputage.com or send your request by post or fax. Kaputage shall not pass the buyers personal data, including his postal and email addresses, to third parties without express permission, which can be revoked at any time. Exceptions to this are Kaputage´s service partners (e.g. the shipping company commissioned with the delivery and the bank commissioned to handle payments) that require the transmission of data to process orders. However, in these cases the scope of the transmitted data shall be limited to the necessary minimum. Kaputage uses technical and organisational safety measures to protect that data that we administer against accidental or intentional manipulation, loss, destruction or against access by unauthorised persons. Payment data are transmitted encoded.

§ DISCLAIMER FOR EXTERNAL LINKS

Kaputage has links on its website to other pages in the Internet. The following applies to these links: Kaputage declares expressly that it does not have any influence on the design and contents of the pages to which the links lead. For this reason Kaputage hereby distances itself expressly from all the contents of all third-party pages to which there are links on www.kaputage.com and does not adopt these contents as its own. This declaration applies to all displayed links and to all contents of the pages to which the links lead.

§ 9 CONCLUDING PROVISIONS APPLICABLE LAW

German law shall apply to the exclusion of the United Nations Convention
on contracts for the international sale of goods. If individual provisions of the sales contract or these standard terms and conditions of business are invalid the remaining provisions shall remain valid.

§ 10 BIDDER IDENTIFICATION

Kaputage - Stylefachhandel
Weigel & Weber GbR
Arthur-Hoffmann-Str. 69
04275 Leipzig
Germany

director of the company: Franziska Weigel | Susan Weber

Fon: 0049 (0) 341-3085664
Mail: shop(at)kaputage.com

tax-number: 231/167/26904
Ust-IdNr.: DE252487672

bank account:
Sparkasse Leipzig
owner of the bank account: kaputage
account number: 1100583528
bank code number: 860 555 92
IBAN: DE82860555921100583528
BIC: WELADE8LXXX



























 



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