Terms of service
I. General Terms and Conditions of Business
§ 1 Scope of application
1.1 The following General Terms and Conditions for orders in the Cappall Online Shop (www.cappall.com) apply exclusively to the business relationship between the customer and us as the provider (Cappall ApS) in their currently valid version.
1.2 A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for a purpose that can predominantly be attributed neither to his commercial nor his independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a contract, is acting in the exercise of a commercial or independent professional activity.
§ 2 Conclusion of contract
2.1 The subject of the contract is the sale of goods.
2.2 The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalogue.
2.3 You can submit a binding purchase offer (order) by clicking on the "Buy" button (or a comparable designation). In this case, the goods intended for purchase are placed in the "shopping basket". You can call up the "shopping basket" at any time and make changes by clicking on the corresponding button in the navigation bar. After you have clicked on the "Checkout" or "Continue to order" button (or similar) and entered your personal details as well as the payment and shipping conditions, you will finally be shown your order details in the form of an order overview.
Before you send the order, you can check the data in the order summary again, correct it (also using the "Back" button on your browser) or cancel the order.
By submitting the order via the corresponding button ("Order with obligation to pay", "Buy" / "Buy now", "Order with obligation to pay" or similar designation), you are placing a binding order.
2.4 The acceptance of the offer (and thus the conclusion of the contract) takes place immediately after the order by a confirmation in text form (e.g. e-mail), with which the execution of the order or the delivery of the goods is confirmed (order confirmation).
If you do not receive such a message, you are no longer bound by your order. In this case, any payments already made will be refunded immediately.
2.5 Cappall is free to refuse online orders. In the event that Cappall does not fulfil an order, Cappall will inform the customer immediately.
2.6 The order processing and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct and that the receipt of e-mails is technically ensured and, in particular, is not prevented by SPAM filters.
§ 3 Processing, Shopify
We use the Shopify platform (https://www.shopify.de/) to provide our offers and to process orders. To place an order, the customer needs a Shopify account. The General Terms and Conditions and the Shopify Privacy Policy apply exclusively to this account.
§ 4 Special agreements on payment methods offered
The customer pays at his/her own discretion. We offer the customer various payment methods, which are listed below.
4.1 We accept payment by credit card (VISA and Euro-/Mastercard). When placing an order by credit card, the customer must provide his/her 16-digit card number, the security code and the expiry date. The credit card account will be debited when the order is finalized.
4.2 If a payment method is selected that is offered via "PayPal" / "PayPal Checkout", payment is processed via the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" are displayed to you under a correspondingly labelled button on our website and in the online ordering process. PayPal" may use other payment services for payment processing; if special payment terms apply, you will be informed of these separately. Further information on "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
§ 5 Right of retention, ownership reservation
5.1 You may only exercise a right of retention insofar as it is based on claims arising from the same contractual relationship.
5.2 The goods shall remain our property until the purchase price has been paid in full.
5.3 If you are an entrepreneur, the following also applies: You may not resell the goods.
§ 6 Warranty
6.1 The statutory warranty rights apply.
6.2 As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage. Complaints must be reported to us and the transport company immediately. Failure to make a complaint or contact us has no effect on your statutory warranty claims. However, they do make it easier for us to assert our own claims against the carrier or the transport insurance company.
6.3 If a quality of the goods deviates from the objective quality, the deviation shall only be deemed agreed if we have pointed this out to you before submitting your contractual declaration and the deviation has been expressly and separately agreed between the contracting parties.
§ 7 Choice of law, place of fulfilment, place of jurisdiction
7.1 Danish law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn (principle of favorability).
7.2 The place of fulfilment for all services arising from the business relationships existing with us and the place of jurisdiction is our registered office if you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Denmark or the EU, or if your place of residence or habitual abode is unknown at the time the action is brought. The right to appeal to the court at another statutory place of jurisdiction remains unaffected.
7.3 The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
II Customer information
1. identity of the seller
Cappall ApS
Sundtoften 2
2960 Rungsted Kyst
Denmark
Telephone: 0045 44 10 22 56
E-mail: info@cappall.com
Out-of-court dispute resolution:
The European Commission offers a platform for out-of-court online dispute resolution (ODR platform) at https://ec.europa.eu/odr.
We are not willing or obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2. information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are based on the provisions "Conclusion of the contract" of our General Terms and Conditions (Part I.).
3 Contract language, storage of the contract text
3.1 The contract language is Danish.
3.2 The complete text of the contract is not stored by us. Before sending the order via the online shopping basket system, the contract data can be printed out or saved electronically using the browser's print function. After we have received the order, the order data, the information required by law for distance selling contracts and the General Terms and Conditions will be sent to you again by e-mail.
4. essential characteristics of the goods or services
The essential characteristics of the goods and/or services are set out in the respective offer.
5 Prices and terms of payment
5.1 The prices stated at the time of the order shall apply.
5.2 The prices stated in the respective offers as well as the shipping costs are total prices. They include all price components, including all applicable taxes.
5.3 Shipping costs are not included in the purchase price. They can be called up via a correspondingly labelled button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you in addition, unless delivery free of shipping costs has been promised.
5.4 In the case of deliveries to countries outside the European Union, further costs may be incurred for which we are not responsible, such as customs duties, taxes or money transfer costs (bank transfer or exchange rate fees), which are to be borne by you.
5.5 Any money transfer costs incurred (bank transfer or exchange charges) shall be borne by you if the delivery is made to a member state of the European Union but the payment was initiated outside the European Union.
5.6 The payment methods available to you are listed on our website or in the respective offer under a correspondingly labelled button.
5.7 Unless otherwise stated in the respective payment method, the payment claims from the concluded contract are due for payment immediately.
6 Terms of delivery
6.1 The terms of delivery, the delivery date and any existing delivery restrictions can be found under a correspondingly labelled button on our website or in the respective offer.
6.2 If you are a consumer, the risk of accidental loss and accidental deterioration of the goods sold during despatch shall not pass to you until the goods are handed over, irrespective of whether the despatch is insured or uninsured. This does not apply if you yourself have commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.
7 Right of cancellation
7.1 Cancellation policy
You have the right to cancel your contractual declaration within 30 days without having to state a reason.
The cancellation period is 30 days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.
To exercise the right to cancel, you must inform us (Cappall ApS, Sundtoften 2, 2960 Rungsted Kyst, phone: 0045 44 10 22 56, e-mail: info@cappall.com) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You can use the returns portal to do this, but you do not have to. You can find more information on this in the returns policy or directly from the Customer Care Team at info@cappall.com. Timely dispatch of the cancellation notice is sufficient to meet the cancellation deadline.
7.2 Consequences of cancellation
If you withdraw from this contract, we shall reimburse to you all payments received from you, excluding the costs of delivery, without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. However, this only applies once we have received the goods back or you have provided proof that you have sent the goods back (e.g. by means of the parcel service's proof of posting). If you have not yet paid for the goods, you do not have to pay the purchase price for the cancelled purchase contract. If the shipping process has already been started or executed, it must be paid for and will not be refunded. If the order value falls below the threshold for free shipping due to the return, the shipping costs will be offset against the value of the return.
For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We may withhold reimbursement until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is the earliest.
You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the cancellation of this contract. Timely dispatch of the cancellation or the goods is sufficient to comply with the cancellation period. You must bear the costs of returning the goods. You shall only be 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.
7.3 Sample cancellation policy
If you wish to cancel the contract, you can also complete this form and return it to us:
To Cappall ApS, Sundtoften 2, 2960 Rungsted Kyst, phone: 0045 44 10 22 56, e-mail: info@cappall.com.
I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods
Ordered on (...)/received on (...)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only for notification in paper form)
Date
8 Statutory liability for defects
In our General Terms and Conditions (Part I), liability for defects is regulated under the heading "Warranty".