Terms and Conditions with customer information

Table of Contents
1. Scope of application
2. Conclusion of contract
3. Right of withdrawal
4. Prices and terms of payment
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects (warranty)
8. Color names, size details, care instructions
9. Copyright for custom-made products
10. Redemption of action vouchers
11. Redemption of gift vouchers
12. Applicable law
13. Alternative Dispute Resolution

1) Scope of application

1.1 These General Terms and Conditions (hereinafter “GTC”) of Stephanie Neid-Schlichenmaier & Daniel Schlichenmaier GbR (hereinafter referred to as “Seller”) apply to all contracts relating to the delivery of goods that a consumer or entrepreneur (hereinafter “Customer”) concludes with the Seller with regard to the goods presented by the seller via the following sales channels. Hereby the inclusion of own conditions of the Customer is contradicted, unless it is agreed otherwise.

1.2 For contracts for the delivery of vouchers, these terms and conditions apply accordingly, unless stipulated otherwise.

1.3 Consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity to be attributed. Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership, which acts in the execution of a legal transaction in the exercise of their commercial or independent professional activity.

2) Conclusion of the contract

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers by the Seller, but serve to make a binding offer by the Customer.

2.2 The Customer may submit the offer via the online order form integrated in the online shop of the Seller. In this case, after the Customer has placed the selected goods in the virtual shopping cart and has gone through the electronic ordering process, by clicking on the button concluding the ordering process, the Customer submits a legally binding contract offer in relation to the goods contained in the shopping cart. Furthermore, the Customer can also submit the offer via e-mail or via the online contact form to the Seller.

2.3 The Seller can accept the offer of the Customer within five days,

  • by providing the Customer with a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation at the Customer is authoritative, or
  • by delivering the ordered goods to the Customer, in which case the access of the goods to the Customer is decisive, or
  • by asking the Customer for payment after submitting his order.

If more than one of the alternatives mentioned above are present, the contract comes into effect at the time when one of the aforementioned alternatives occurs first. The deadline for the acceptance of the offer begins on the day after the submission of the offer by the Customer and ends with the expiry of the fifth day, which follows the dispatch of the offer. If the Seller does not accept the offer of the Customer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.

2.4 If you choose one of the payment methods offered by PayPal, payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – subject to the conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected in the online ordering process, the seller already declares the acceptance of the customer’s offer at the point in time at which the customer clicks the button to complete the ordering process.

2.5 When submitting an offer via the online order form of the Seller, the contract text will be stored by the Seller after conclusion of the contract and sent to the Customer after sending his order in text form (eg e-mail, fax or letter). Any further provision of the contract by the Seller is not possible. If the Customer has set up a user account in the online shop of the Seller before sending his order, the order data will be archived on the website of the Seller and can be accessed by the Customer via his password-protected user account, stating the corresponding login data free of charge.

2.6 Before placing the order on the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can thereby be the enlargement function of the browser, helping to enlarge the information on the display screen. As part of the electronic ordering process, the Customer can correct his input via the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.

2.7 The contract can be concluded in German or English language.

2.8 The order processing and contact usually take place via e-mail and automated order processing. The Customer must ensure that the e-mail address provided by him for processing the order is correct, so that the e-mails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned with the order processing can be delivered.

2.9 In case of the draw of the purchase right (“Draw”) via Facebook and the APP “KAPUALOVE”, the Customer can obtain the right to purchase the goods displayed in the individual sales campaign by participating in a raffle by entering a Google provided form. The participation in the raffle does not conclude a contract. At the end of the individual sales campaign, the winner(s) will be randomly drawn and notified via the contact details provided in the associated Google form. The conclusion of the contract is achieved with the dispatch of the payment request by the Seller to the Customer.

2.10 In case of “Order” or “Pre-Order”, the Customer has the option of a direct order or pre-order of the goods displayed in the individual sales campaign with an entry in an order form. The conclusion of the contract is achieved with the dispatch of the payment request by the Seller to the Customer.

3) Right of withdrawal

3.1 Consumers are in principle entitled to a right of withdrawal.

3.2 Further information on the right of withdrawel are shown in the withdrawel instruction of the Seller.

3.3 The right of withdrawal does not apply to consumers who, at the time of the conclusion of the contract, do not belong to any Member State of the European Union and whose sole domicile and delivery address are outside the European Union at the time of the conclusion of the contract.

4) Prices and terms of payment

4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices that include statutory value added tax. If necessary, additional delivery and shipping costs are specified separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which the Seller is not responsible for and which are to be borne by the Customer. These include, for example, costs of transferring money by credit institutions (for example, transfer fees, exchange rate charges) or import duties or taxes (for example, customs duties). Such costs may be incurred in relation to the transfer of funds even if the delivery is not made to a country outside the European Union, but the Customer makes the payment from a country outside the European Union.

4.3 The payment option(s) will be communicated to the Customer in the related sales channel of the seller.

4.4 If advance payment has been agreed by bank transfer, the payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.

4.5 If the payment method “SOFORT” is selected, the payment is processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter “SOFORT”). In order to be able to pay the invoice amount via “SOFORT”, the Customer must have a online banking account enabled to participate in “SOFORT”, legitimize himself during the payment process and will have to confirm the payment order to “SOFORT”. The payment transaction will be carried out immediately after “SOFORT” and the Customer’s bank account will be charged. Further information about the “SOFORT” payment method can be found at https://www.klarna.com/sofort/.

4.6 If the payment method “PayPal Invoice” is selected, the Seller transfers his payment claim to PayPal. Before accepting the Seller’s assignment, PayPal will conduct a credit check using the submitted customer information. The Seller reserves the right to refuse the payment method “PayPal Rechnung” in case of a negative examination result. If the payment method “PayPal invoice” is approved by PayPal, the Customer has to pay the invoice amount within 30 days from receipt of the goods to PayPal, provided that PayPal does not specify any other payment term. In this case, she/he can only pay to PayPal with a debt-discharging effect. However, the Seller remains responsible for general customer inquiries, even in the case of assigning claims, for example, to the goods, delivery time, shipping, returns, complaints, revocation statements and shipments or credits. In addition, the General Terms of Use apply for the use of the invoice purchase of PayPal, available at https://www.paypal.com/de/webapps/mpp/ua/pui-terms.

5) Delivery and shipping conditions

5.1 If the seller offers to ship the goods, the delivery takes place within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller’s order processing is decisive.

5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller. This does not apply with regard to the shipping costs if the customer effectively exercises his right of withdrawal. For the return costs, if the customer exercises his right of withdrawal, the provisions made in the seller’s cancellation policy apply.

5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold is transferred to the customer as soon as the seller has delivered the goods to the freight forwarder, the carrier or the person or institution otherwise assigned to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold is generally only transferred when the goods are handed over to the customer or a person authorized to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold, even in the case of consumers, is already transferred to the customer as soon as the seller has delivered the goods to the freight forwarder, the carrier or the person or institution otherwise assigned to carry out the shipment, if the customer has commissioned the freight forwarder, the carrier or the person or institution otherwise appointed to carry out the shipment and the seller has not previously named this person or institution to the customer.

5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies in the event that the seller is not responsible for the non-delivery and the seller has concluded a specific hedging transaction with the supplier with due care. The seller will make every reasonable effort to procure the goods. In the event of the unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be reimbursed immediately.

5.5 Pickup is not possible for logistical reasons.

5.6 Vouchers will be given to the Customer as follows:

  • by email

6) Retention of title

If the Seller takes advance performance, he reserves the ownership of the delivered goods until full payment of the purchase price owed.

7) Liability for defects (warranty)

7.1 If the purchased item is defective, the provisions of the statutory warranty for defects shall apply fundamentally.

7.2 In particular, the Seller assumes a warranty for ready-made goods of 2 years from the date of receipt. Insofar as the delivered item does not have the quality agreed between the Customer and the Seller or exhibits defects that already existed when the goods were handed over, the Seller is obliged to remedy the defect. This does not apply if the Seller is entitled to refuse supplementary performance due to statutory provisions. The Customer must grant the Seller a reasonable period for subsequent performance. An exclusion of the guarantee exists for every kind of not pre-manufactured goods (scraps of fabric, goods sold by meter on order) and / or if the Customer carries out a change to the delivered condition (for example, shortening, re-sewing, change of use, etc.).

7.3 The remedy is basically done by eliminating the defect (repair). During the supplementary performance, the Customer is not entitled to reduce the purchase price or to withdraw from the contract. If the Seller has attempted the repair twice in vain, then this is considered as failed. If the repair has failed, the Customer is entitled, at his discretion, to reduce the purchase price or to withdraw from the contract.

7.4 An exchange of the goods can take place under certain circumstances. However, the Seller points out that all products are subject to limited production and it may happen that the ordered goods in design or size is no longer available. In this case, the Seller strives to find an individual solution with the Customer.

7.5 There is no right of return on individual pieces or custom-made items according to individual design specifications.

7.6 The Customer is requested to complain to the deliverer of delivered goods with obvious transport damage and to inform the Seller thereof. If the Customer does not comply, this has no effect on his statutory or contractual claims for defects.

7.7 A return of goods can only be made if this is complete (as delivered), unused, unwashed and resellable. By a use or use in the above sense expires the right of return.

8) Color names, size details, care instructions

8.1 The sizes and color names given in the publications via Facebook, APP “KAPUALOVE” and in the online shop are not subject to any standards. The Seller endeavors to comply with all minimum size specifications (based on the condition after the first washing process). Due to the individual washing and drying process of the Customer minor deviations in terms of size specifications may arise. Color names are assigned by the Seller on the basis of available yarn names or freely chosen terms. For color names that are repeatedly named on the same basis, there may also be slight deviations, since the yarns are dyed in different batches. However, the Seller undertakes to proceed selectively in the pre-selection, so that deviations are minimized. Furthermore, the Seller points out that one hundred percent binding color representation is not possible with pictorial representations of product photos under different light sources and different end devices. Deviations in size and color therefore usually do not justify claims for defects. The right of return remains of course unaffected.

8.2 The Seller expressly points out that every textile article must be washed before it is worn for the first time on the basis of the textile labeling specified by the Seller.

9) Copyright for custom-made products

The Customer is solely liable if the execution of an order violates his or her individual specifications (special designs), in particular copyrights of third parties. The Customer must indemnify the Seller from all claims of third parties for such violations.

10) Redemption of action vouchers

10.1 Vouchers that are issued by the Seller free of charge as part of promotions with a specific period of validity and that can not be purchased by the Customer (hereinafter referred to as “Promotional Vouchers”) can only be redeemed in the Seller’s sales channels and for the specified period.

10.2 Individual products may be excluded from the coupon promotion, provided that a corresponding restriction results from the content of the Promotional Voucher.

10.3 Promotional Vouchers can only be redeemed before the order process has been completed. A subsequent settlement is not possible.

10.4 Only one Promotional Voucher can be redeemed per order.

10.5 The value of the goods must at least equal the amount of the Promotional Voucher. Any remaining balance will not be refunded by the Seller.

10.6 If the value of the Promotional Voucher is insufficient to cover the order, one of the remaining payment methods offered by the Seller may be used to settle the difference.

10.7 The balance of a Promotional Voucher is neither paid in cash nor interested.

10.8 The Promotional Voucher will not be refunded if the Customer returns the goods fully or partially paid for with the Promotional Voucher as part of its statutory right of withdrawal.

10.9 The Promotional Voucher is only intended for use by the person named on it. A transfer of the Promotional Voucher to third parties is excluded. The Seller is entitled, but not obliged, to check the substantive eligibility of the respective voucher holder.

11) Redemption of gift vouchers

11.1 Vouchers that can be purchased via the Seller’s sales channels (hereinafter referred to as “Gift Vouchers”) can only be redeemed in sales channels of the Seller, unless otherwise stated in the voucher.

11.2 Gift Vouchers and remaining credits of Gift Vouchers are redeemable until the end of the third year following the year of the voucher purchase. Remaining credits will be credited to the Customer until the expiry date.

11.3 Gift Vouchers can only be redeemed before completing the order process. A subsequent settlement is not possible.

11.4 When placing an order, several Gift Vouchers can be redeemed.

11.5 Gift Vouchers can only be used for the purchase of goods and not for the purchase of additional Gift Vouchers.

11.6 If the value of the Gift Voucher is insufficient to cover the order, one of the remaining payment methods offered by the Seller may be selected to settle the difference.

11.7 The credit of a Gift Voucher will neither be paid in cash nor interested.

11.8 The Gift Voucher is transferable. The Seller can make a liberating effect to the respective owner, who redeems the Gift Voucher in the sales channel of the Seller. This does not apply if the Seller has knowledge or grossly negligent ignorance of the non-entitlement, the inability to operate or the lack of representation of the respective owner.

12) Applicable law

12.1 The laws of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws governing the international sale of goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

12.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who, at the time of the conclusion of the contract, do not belong to any member state of the European Union and whose sole domicile and delivery address are outside the European Union at the time the contract is concluded.

13) Alternative Dispute Resolution

13.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.

13.2 The Seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.