General Terms and Conditions (GTC) – CALIDA Online Shop Germany

 

Applicable for sales contracts from 13.06.2014.

 

1)        Scope

On the Internet page orders can be placed exclusively by consumers resident in Germany with shipping addresses in Germany. Goods will be issued in standard household quantities only. If included, these general terms and conditions of CALIDA Handels GmbH (hereafter: CALIDA) apply to all orders in the German CALIDA online shop only. Customers who wish to place orders for commercial or freelance professional requirements should contact the provider by e-mail (contact@calida.com).

 

2)        Establishment of contract

The ordering process for Germany available in German, English, Italian and French comprises the following steps:

  • Firstly, select your desired merchandise and place it without commitment in your shopping bag using the “Add to Shopping Bag” button. You can then look at the content of your bag with no commitment.
  • Secondly, you can use your data to register for or log on to our website in order to access and check previously saved billing and shipping data. You can also place an order as a “guest”, which means that we will not create an online customer account for you.
  • Thirdly, choose your mode of payment and confirm your type of delivery.
  • Fourthly, you can check your order again before sending it off and correct any errors by clicking on “Change details”. The order is forwarded to us by clicking on "buy now for € xxx,xx“.
  • You will receive a printable order confirmation by e-mail after placing your order.

 

The presentation of our goods on the Internet is merely a non-binding invitation for you to order goods from us. By placing your order you are making a binding offer to conclude a purchase contract. We accept the offer by, for example, delivering the goods.

 

The automatically generated e-mail order confirmation does not constitute acceptance of the offer, and is merely an indication that the order has been received. If you do not receive further notice on our part within six working days, your order is considered accepted by our company.

 

 

3)        Shipping costs and delivery

We deliver free of charge around 4-6 working days after receipt of order.

 

If, after formation of the contract, we find that we are unable to complete an order due to reasons beyond our control (e.g. act of God, non-delivery despite reorder), we are entitled to withdraw from the agreement. In any event, we will notify you without delay if we are unable to complete an order. If this occurs, any payments already made will be reimbursed to you.

 

4)        Prices and payment

The prices displayed on the Internet site at the time of ordering apply.

The prices shown include statutory value added tax.

 

Goods can be paid for by PayPal or credit card. The payment amount will be charged to you on receipt of your order. Alternatively the payment
method direct debit can be chosen. For that the following applies:


4.1 Direct Debit; SEPA-Direct Debit mandate; Processing fee for return debits


(a) When purchasing with Direct Debit, the payment amount is immediately due for collection by our external partner Billpay GmbH
[https://www.billpay.de/endkunden/ ] to the checking account of the indicated credit institute (the checking account). Herewith, you grant Billpay GmbH
a SEPA-Direct Debit mandate to collect overdue payments and will instruct my financial institution to honour all Direct Debits drawn on my account.
The Billpay creditor identification number is DE19ZZZ00000237180. The mandate reference number will be given to you at a later point in time via Email. Note: You can within eight weeks, beginning with the debit date, reach a refund of the amount charged. The conditions agreed upon with the financial institute will apply. Please note that a due demand will also remain by a return debit note. More information is available at
https://www.billpay.de/sepa/. The advance notice of the entry of the SEPA-Direct Debit will be sent to you at least one day before the due date via Email to the E-mail address that you specified during the ordering process. If the checking account does not have sufficient funds, the bank on its part shall not have any obligations to pay. Partial payments are not made with regard to Direct Debit.

(b) The payment by Direct Debit does not apply to all offers and requires a successful credit check performed by Billpay GmbH
[https://www.billpay.de/endkunden/ ] as well as an opened checking account in Germany. After the credit check of a specific order, if the customer is
approved to use Direct Debit as a form of payment, the payment will be processed in cooperation with Billpay GmbH, to whom we transfer our account
claim. In this situation, the customer can only make payments, with the effect of reducing debt, to Billpay GmbH. As payment on the account via
Billpay, we remain responsible for general customer enquiries (e.g. for goods, delivery time, dispatch), returns, complaints, withdrawal of statements
and withdrawal of submissions or crediting. The General Terms and Conditions [https://www.billpay.de/allgemein/datenschutz/] of Billpay GmbH apply.

(c) By providing the checking account, you confirm that you are authorized to use Direct Debit from the respective checking account and you ensure
the necessary funds will be available. Return debits require more effort and are more expensive for us and for Billpay GmbH. In the case of return
debit (due to insufficient funds of the checking account, resulting from checking account cancellation or unauthorized objection of the account holder)
you authorize Billpay GmbH to file, again, for Direct Debit for each payment obligation due. In such case, you are obligated to pay any costs created
through return debit. Further claims are reserved. Considering the efforts and costs for Direct Debits and in order to avoid the processing fees, we
kindly ask you not to reject the Direct Debit in the event of a cancellation or a withdrawal from the purchase, a return or complaint. In this situation,
after our approval of payment cancellation, the corresponding amount or credit note will be repaid.


4.2 Direct Debit; Limitation of ownership; Compensation; Right of retention

(1) For consumers, we reserve the ownership of underlying purchased item until the bill is fully paid. If you are an entrepreneur in the midst of trade or
self-employed, a legal individual under public law or public sector fund, we retain the ownership of the purchased item until all outstanding claims from
the business transactions with you have been settled. The relevant security rights can be transferred to third parties.

(2) A right of compensation is available for you, if your counterclaims are legally established, recognized or accepted by us. You also have a right of
retention only if and when your counterclaim is based on the same contract.

(3) If the customer has any remaining default payments due to us, all existing receivables are due immediately.

5)        Saving of contract text

We will save your order data. You will receive your order data after sending your order by e-mail with the order confirmation. If you have a customer account, your order data can also be viewed in your user account. Only the currently applicable General Terms and Conditions can be accessed and printed out on our Internet site.

 

6)        Reservation of title

Goods remain the property of CALIDA until full payment has been made.

 

7)     Information concerning the exercise of the right of withdrawal

Information concerning the right of withdrawal

Right of withdrawal:You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period will expire after fourteen days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the first good.

To exercise the right of withdrawal, you must inform us (through our service provider, Handelsvertretung CDH Dieter Berndt, CALIDA Online Shop Rücksendungen, Strasse der Einheit 63, DE - 14547 Beelitz, by e-mail to contact@calida.com or by fax to +41 (0)41 925 42 84 Mo - Fr: 9.00 - 17.30) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal: If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to Handelsvertretung CDH Dieter Berndt, CALIDA Online Shop Rücksendungen, Strasse der Einheit 63, DE - 14547 Beelitz, without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired. We will bear the cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Important:The right of withdrawal is not provided for contracts where non-prefabricated goods made on the basis of an individual choice of or decision by the consumer are delivered or for the supply of goods made to the consumer's specification. This also applies to the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.

 

8)        Warranty

Unless expressly agreed otherwise, the statutory warranty provisions apply within a period of two years starting with the delivery.

 

Please note that the colours shown are dependent on the monitor used and camera technology. Not every colour deviation therefore constitutes a defect.

 

9)        Applicable law

German law applies; the UN Convention on Contracts for the International Sale of Goods (CISG) does not apply.

 

10)      Provider:

CALIDA Handels GmbH (CALIDA)
Wallbrunnstrasse 24
DE - 79539 Lörrach

HRB 703004
Freiburg commercial register

Sales tax ID: DE 815027300

Managing directors: Andreas Lindemann and Thomas Stöcklin

 

Tel.: +41 (0)41 925 45 25 Mo - Fr: 9.00 - 17.30
Fax: +41 (0)41 925 42 84 Mo - Fr: 9.00 - 17.30
E-Mail: contact@calida.com

 

11) Model withdrawal form:

(Complete and return this form only if you wish to withdraw from the contract)

To Handelsvertretung CDH Dieter Berndt, CALIDA Online Shop Rücksendungen, Strasse der Einheit 63, DE - 14547 Beelitz, on behalf of CALIDA Handels GmbH, Wallbrunnstrasse 24, DE - 79539 Lörrach:

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods,

 

Ordered on (*)/received on (*),

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

(*) Delete as appropriate.