Terms & Conditions
The online shop www.capetimes.de is operated by:
Project Sixto GmbH
General Terms and Conditions of Project Sixto GmbH
The following text has been translated from German by DeepL.com
§ 1 Scope of application, definitions
I. For the business relationship between Project Sixto GmbH (hereinafter referred to as "supplier") and the customer (hereinafter referred to as "customer") exclusively the following general terms and conditions apply in their version valid at the time of the order. Deviating conditions of the customer are not accepted, unless the supplier expressly agrees to their validity in writing.
II. the customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be attributed to his commercial or independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or self-employed professional activity.
§ 2 Conclusion of contract
I. The presentation and advertising of articles in the provider's online shop does not constitute a binding offer to conclude a purchase contract.
II. by sending an order via the online shop by clicking the button "send order", the customer submits a legally binding offer of contract. The customer is bound to his offer for a period of two weeks after placing the order. The right to revoke the order, which may exist in accordance with § 8, remains unaffected by this.
III. the supplier confirms receipt of the offer immediately by e-mail. Such an e-mail does not constitute a binding acceptance of the order unless, in addition to the confirmation of receipt, the acceptance is declared at the same time.
IV. A contract is only concluded when the supplier accepts the order by means of a declaration of acceptance or by delivering the ordered goods.
V. If the delivery of the goods ordered by the customer is not possible, for example because the corresponding goods are not available, the supplier refrains from a declaration of acceptance. In this case, a contract is not concluded. The supplier will inform the customer immediately and refund any consideration already received without delay.
VI. if the goods ordered by the customer are only temporarily unavailable, the supplier shall also inform the customer of this without delay. In the event of a delay in delivery of more than two weeks, the customer has the right to withdraw from the contract. In this case, the supplier is also entitled to withdraw from the contract. In this case, he will immediately refund any consideration already received.
VII. insofar as employees of the supplier make deviating verbal subsidiary agreements or give assurances, these require the written confirmation of the business owner in order to be effective. Verbal declarations by authorised representatives remain unaffected by this provision.
§ 3 Retention of title
I. The delivered goods remain the property of the supplier until full payment has been made.
II. the customer is obliged to treat the goods with care until full payment has been made and to inform the supplier without delay of any access to the goods by third parties, for example in the event of seizure, as well as of any damage to or destruction of the goods.
III. If the customer is an entrepreneur, he is entitled to resell the goods in the ordinary course of business. He already now assigns to the supplier all claims in the amount of the invoice amount which accrue to him against a third party through the resale. The supplier accepts the assignment. After the assignment, the customer is authorised to collect the claim. The supplier reserves the right to collect the claims himself as soon as the customer does not properly fulfil his payment obligations and is in default of payment.
§ 4 Prices and shipping
All prices stated on the website of the provider are inclusive of the applicable statutory value-added tax plus shipping costs.
The provider delivers from an order value of EUR 1. The goods will be dispatched within three working days after receipt of payment, unless delivery delays occur due to circumstances that are not within the Supplier's sphere of risk or were not known to the Supplier at the time the order was accepted. In this case, the delivery times shall be increased to a reasonable extent. The stated delivery dates are non-binding estimates and do not constitute delivery and performance dates.
Special, additionally agreed work, deviating sizes, etc., are not included in the purchase price and will be invoiced additionally and are due for payment at the latest upon handover or acceptance.
Deliveries to third countries are generally made duty unpaid and untaxed.
The goods are transported by DHL Vertriebs GmbH. Liability for loss or damage up to EUR 500.00 is included in the flat rate shipping costs. Any transport insurance in excess of this shall only be taken out at the written request and expense of the customer. The shipping risk shall be borne by the supplier if the customer is a consumer.
The supplier is entitled to make partial deliveries, provided that this is reasonable for the customer.
In the event of a revocation, the customer shall bear the costs of the return shipment.
§ 5 Payment terms, set-off and right of retention
I. The customer can make payment by direct bank transfer, Paypal, credit card payment or purchase on account. In all cases PayPal Plus is the service provider of the supplier. The customer does not need to have his own PayPal account for this purpose.
II. payment of the purchase price is due immediately upon conclusion of the contract. If the due date of payment is determined by the calendar, the customer is already in default by missing the deadline. In this case, he shall pay interest on arrears to the supplier at a rate of 5 percentage points above the base rate. If the customer is an entrepreneur, default interest in the amount of 8 percentage points above the base interest rate is to be paid.
III. the customer is not entitled to offset against the provider's claims unless the customer's counterclaims have been legally established or are undisputed. The customer is also entitled to offset against claims of the supplier if he asserts notices of defects or counterclaims from the same purchase contract.
IV. The customer may only exercise a right of retention if his counterclaim arises from the same purchase contract.
V. The customer's obligation to pay default interest does not exclude the assertion of further default damages by the supplier.
§ 6 Warranty for material defects, guarantee
I. The supplier is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. The warranty period for goods delivered by the supplier to entrepreneurs is 12 months.
II. an additional guarantee exists for the goods delivered by the supplier only if this was expressly given in the order confirmation for the respective item.
III. Series-produced furniture, interiors and accessories are sold according to sample or image. There is no entitlement to delivery of the items on display unless a different agreement was made at the time the contract was concluded.
IV. The goods offered are largely handmade. We reserve the right to make technical changes as well as changes in shape and weight within the bounds of what is reasonable. We reserve the right to deviations in colour and grain of wooden surfaces. These are desired results for aesthetic reasons and do not give rise to any claims for reduction or compensation on the part of the customer. The stated values (dimensions, weight, illustrations) are to be regarded as average values.
§ 7 Liability
I. Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Material contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract. The customer is liable for the proper handling of the delivered products until the time of full payment.
II. in the event of a breach of material contractual obligations, the supplier shall only be liable for the foreseeable damage typical for the contract if this was caused by simple negligence, unless the customer's claims for damages are based on injury to life, limb or health.
III. The restrictions of paragraphs 1 and 2 also apply in favour of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.
IV. The provisions of the Product Liability Act remain unaffected.
§ 8 Notes on data processing
I. The provider collects data of the customer in the context of the processing of contracts. In doing so, it observes in particular the provisions of the Federal Data Protection Act and the Telemedia Act. Without the customer's consent, the provider will only collect, process or use the customer's inventory and usage data to the extent that this is necessary for the processing of the contractual relationship and for the use and billing of telemedia.
II. without the customer's consent, the provider will not use the customer's data for the purposes of advertising, market or opinion research.
III. the customer has the possibility at any time to call up the data stored by him under the button "my data" in his profile, to change or delete this. In all other respects, reference is made with regard to the customer's consent and further information on the collection, processing and use of data to the data protection declaration, which can be called up in printable form on the Provider's website at any time via the "Data Protection" button.
§ 9 Final Provisions
I. The law of the Federal Republic of Germany shall apply to contracts between the provider and the customers, excluding the UN Convention on Contracts for the International Sale of Goods.
II. if the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the provider's registered office.
III. the contract remains binding in its remaining parts even if individual points are legally ineffective. The invalid points shall be replaced by the statutory provisions, if any. However, insofar as this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall become ineffective.