General Commercial Terms and Conditions for Purchases from the Online Shop at www.casa-nata.com
§ 1 General, Scope of Application
1.1 All deliveries and services by casa nata OHG, Elvirastrasse 10, D – 80636 München (hereinafter “casa nata”) are performed exclusively on the basis of the General Commercial Terms and Conditions (hereinafter “GCTC”) provided below in the current version in effect at the time of the order. Unless explicit agreement to the contrary has been made, no terms and conditions other than these GCTC shall apply.
1.2 “Customer” as defined in these General Commercial Terms and Conditions shall be understood to mean both consumer and business. For the purposes of these terms and conditions, consumers are natural persons who conclude contracts for a purpose that cannot be associated with either their commercial or their professional activities. For the purposes of these terms and conditions, businesses are natural or legal persons or associations of individuals with legal rights who are exercising their commercial or autonomous professional activity when concluding a contract with us.
§ 2 Conclusion of Contract, Effectiveness of the Contract
2.1 By placing an order, you are submitting a binding proposal to us to enter into a contract with you. We can accept this offer by sending you an order confirmation by e-mail within 72 hours after receipt of your order. The contract takes effect at the time this order confirmation is sent.
2.2 To send an order, please proceed as follows:
The item view shows the available versions of the item next to its description. Specify which variant and how many of the item you wish to purchase. Click on the field “add to bag” to place the item in the shopping cart. A confirmation appears to let you know that the item has been successfully placed in the shopping basket. Repeat the process as needed for additional items. To complete your purchases, go to the shopping cart. It is located at the top right of the screen.
The shopping cart gives you an overview of the items you have selected. You can process them in the shopping cart. Then follow the link to “checkout”. If you are a new customer, you must register with us first. Please complete the registration form and submit it. A confirmation will appear when you have successfully registered. You will receive an e-mail confirmation containing your information for you to check.
Follow the link to the shopping “cart” and then the link to “checkout”. Now confirm your delivery address and billing address, or change them as needed.
In the next step, select one of the two available types of payment (payment in advance, instant bank transfer (Sofortüberweisung), credit card, Paypal) and enter the required information in the form that pops up. In the order overview that follows, confirm our General Commercial Terms and Conditions and submit your order. We will send you a confirmation by e-mail that your order has been received. After that, you will receive a separate order confirmation which will place the contract in effect.
You can also correct any entry errors by navigating back in your browser or by interrupting the order process and starting over.
2.3 For orders placed through our online shop, you are entering into a contract with:
casa nata OHG
D – 80636 München
Managing Directors: Carolin Sangha, Michael Reß
Tel. +49 (0)89 – 12023618
Fax +49 (0)89 – 12023619
Commercial Registry: AG München HRA 101161
Sales Tax ID no.: DE 290923070
§ 3 Saving the Contract Text
We save your order and any ordering information you enter. We e-mail you an order confirmation and then a sales confirmation containing all the ordering information. You also have the option of printing out both the order and the General Commercial Terms and Conditions after you have received the order confirmation. Lastly, you can view any orders you have placed through your customer account at any time.
§ 4 Consumer Right to Cancel
4.1 The following right to cancel applies for consumers only:
Cancellation Policy / Right of Cancellation
You have the right to cancel this agreement, no questions asked, within fourteen days.
The cancellation period is fourteen days from the date on which you or a third party designated by you who is not the carrier took possession of the goods.
To exercise your right to cancel, you must notify us (casa nata OHG, Elvirastrasse 10, D – 80636 München, Tel. +49 (0)89 – 12023618, Fax +49 (0)89 – 12023619, E-Mail firstname.lastname@example.org) with a clear statement (e.g., letter by postal service, fax or e-mail) about your decision to cancel this agreement. You may use the attached template cancellation form if you wish, but it is not required.
Your cancellation will be considered to be within the cancellation period so long as your notice to exercise your right to cancel was sent before the expiration of the cancellation period.
Consequences of Cancellation
If you cancel this agreement, we are required to return to you any payments that we have received from you, including delivery charges (with the exception of any extra costs resulting from your choice of a method of delivery other than the standard delivery offered by us), promptly and within fourteen days of the date on which the notice concerning your cancellation of this agreement was received by us. We will use the same manner of payment for this reimbursement as you used for the original transaction unless we have made explicit agreement with you to the contrary; under no circumstances will you be charged for this reimbursement. We have the right to refuse to make reimbursement until we have received the returned goods or until you have provided proof that you have sent the goods back, whichever is earlier.
You must return or hand over the goods promptly, and in any case within fourteen days after the date on which you notify us of your cancellation of this agreement. You will be considered within the deadline so long as you have sent the goods before the fourteen days have elapsed. You will be responsible for the direct costs for returning the goods.
You will only be responsible for any reduction in the value of the goods if this reduction in value can be attributed to any handling not necessary for inspecting its condition, features, and operability.
4.2 Agreement on method of payment for reimbursement after cancellation
In the event you exercise your right of cancellation, we will exclusively use transfer to your bank account as the method of payment for the reimbursement, even if you selected a different method of payment during the original transaction.
If you wish to cancel the agreement, please complete this form and return it to us.
casa nata OHG
D – 80636 München
by fax: +49 (0)89 – 12023619
by e-mail to: email@example.com
I/we (*) hereby cancel the agreement concluded by me/us (*) for the purchase of the following goods (*)/of the following services (*)
Ordered on (*)/received on (*)
Signature of consumer(s) (only for notification by paper copy)
(*)cross out items that do not apply.
§ 6 Prices and Shipping Costs
6.1 All prices include the statutory value-added tax plus shipping. We deliver by DHL or another service provider of our choice.
6.2 Orders within Germany (except cash on delivery) are free of charge.
6.3 Shipping costs for the following EU-countries are free of charge:
Belgium, Bulgaria, Denmark, Estonia, Finland, France, Ireland, Italy, Latvia, Lithuania, Luxembourg, Netherlands, Austria, Poland, Portugal, Romania, Sweden, Slovakia, Slovenia, Spain, Czech Republic, Hungary, United Kingdom of Great Britain.
6.4 Shipping to the following countries costs €12.00 incl. 19% VAT:
Albania, Bosnia-Herzegovina, Iceland, Croatia, Malta, Macedonia, Monaco, Montenegro, Norway, Switzerland, Serbia, Moldova.
6.5 Shipping to the following countries costs €12.00 incl. 19% VAT:
6.6 Shipping to the following countries costs €25.00 incl. 19% VAT:
India, Israel, Japan, Canada, Oman, Saudi Arabia, Singapore. South Korea, Taiwan, Thailand, USA, United Arab Emirates.
6.7 Shipping to the following countries costs €35.00 incl. 19% VAT:
Australia, Brazil, New Zealand, Panama.
Please note that you may be responsible for taxes and fees for shipments to foreign destinations.
§ 7 Terms of Delivery
7.1 We delivery exclusively inside Germany and to the countries listed under 6.3.-6.7
Unless otherwise stated, goods are packaged for shipping within two working days of payment being received and delivered to addresses in Germany in 1-3 working days. Delivery times abroad depend on the postal and delivery services of the respective country. We are therefore unable to provide detailed information. .
§ 8 Payment Terms
8.1 Payment may be by credit card, by Paypal or by instant bank transfer (Sofortüberweisung). We reserve the right not to accept certain types of payment. When paying by credit card, your credit card will not be charged until the order confirmation is sent to you. Payments by instant bank transfer (Sofortüberweisung) or PayPal will be forwarded directly from within the purchase order to the payment pages of the provider in order to make the transfer.
8.2 If you are a consumer, interest at 5% above the base interest rate will be applied to the purchase price in the event of late payment. If you are not a consumer, the interest rate for the period that payment is in arrears shall be 8% over the base interest rate. We reserve the right to provide evidence of and claim greater damages as a result of payment default.
§ 9 Warranty for Consumers
If you are a consumer and are placing your order with casa nata for a purpose that cannot be considered part of your commercial or professional activity, the warranty shall be in accordance with current law. The warranty in the case of purchase of used items is one year.
§ 10 Warranty for Businesses
If you are placing your order with casa nata as a business, the following applies:
10.1 Delivered goods must be inspected by the customer as soon after delivery as is feasible according to standard business procedures. Notify us immediately if there is any defect. If there is no notification from the customer, the item is considered accepted, except in the case of a defect that could not be recognized upon inspection. Should such a defect appear at a later point in time, then it must be reported to us immediately after discovery, otherwise the item is considered to have been accepted along with said defect. Such shall not affect § 377 of the HGB [German Commercial Code]. The customer is also not relieved of his duty to inspect in the case where the business elects recourse under § 478 of the BGB. In the event the customer fails to report a defect claimed by his inspector in such cases, then the item is considered to have been accepted along with said defect.
10.2 In the event of a defect, we reserve the right to determine the manner of remedy based on the type of defect and the justified interests of the customer. A remedy is considered to have failed under these contracts after the third unsuccessful attempt. This section shall not apply in the event recourse under § 478 of the BGB is elected.
10.3 In the case of remedy for defects, we are obligated to bear the associated necessary expenses, particularly transport, travel, labor, and materials costs, only provided these are not increased due to the fact that the item is being shipped to a different location than the address or business office of the customer to which delivery was made. This section shall not apply in the event recourse under § 478 of the BGB is elected.
10.4 The statute of limitations for customer defect claims, including claims for compensation for damages, is one year. This shall not apply in the event recourse under § 478 of the BGB is elected, nor in cases pursuant to §§ 438 para. 1 no. 2 of the BGB and § 634a para. 1 no. 2 of the BGB. This shall also not apply for claims for compensation for damages due to loss of life, limb, or health or due to gross negligence or malicious breach of obligation by us or our agents. In cases where § 438 I No. 2 b BGB (items for structures) applies, defect claims of the contract partner have a statute of limitations of 2 years. The sale of used items is exempt from any defect claims.
§ 11 Customer Service
For questions, complaints, or returns, we can be reached by phone Mon. through Fri. 9:00 a.m. to 5:00 p.m. at: +49 (0)89 – 12023618 or by e-mail: firstname.lastname@example.org
§ 12 Applicable Law, Court of Jurisdiction
12.1 This contract is subject to German law to the exclusion of UN international law on the sale of goods.
12.2 For customers who are entering into the contract for a purpose that cannot be construed to be professional or commercial activity (consumers), this election of venue shall apply only insofar as it is not superseded by compulsory provisions of the laws of the nation in which the consumer normally resides.
12.3 For any disputes arising from the contract relationship where the purchaser is a salesperson, a legal person under public law or a special fund under public law, the court of jurisdiction shall be the location of the offices of casa nata in 80636 Munich.
§ 13 Miscellaneous Provisions
13.1 The contract languages are German and English. In the event of dispute concerning the interpretation of a provision of these GCTC in the English version, the German version shall prevail.
13.2 In the event one or more of the provisions of these GCTC are invalid, then such shall not affect the validity of the remaining provisions. In cases where the provisions are invalid, then the contract contents shall be governed by current law.
Version date: 16.04.2018
As online retailer we (email@example.com) are obliged, to inform you about the existing online dispute regulation (OS) oft he EU Commission wich can be contacted by the following e-mail address: http://ec.europa.eu/consumers/odr/.