1. General Terms
Please read through these General Terms and Conditions, our Cookies Policy and our Privacy Policy (together the “Data Protection Policies”) prior to using this website. By using this website or placing an order through it, you are consenting to be bound by these General Terms and our Data Protection Policies. If you do not agree to all of the Terms and the Data Protection Policies, do not use this website. These Terms and the Data Protection Policies may be amended. It is your responsibility to regularly read through them, as the General Terms and the Data Protection Policies in force at the time that you use the website or at the time of the formation of the Contract (as defined below) shall be the applicable ones.
By placing an order, you confirm your agreement to these terms of sale, which take precedence over all previous versions or any specifications made by you, including in e-mail correspondence.
2. Scope of the General Terms and Conditions (T&C)
2.1. The following General Terms and Conditions apply to all business relations between you as a customer and us, Diedl Luis, Riecken Niclas und Passow Julius GbR (Cava GbR), Menzinger Straße 45a, 80638 Munich, Germany, that are initiated and processed via our onlinehop. The latest version of the following General Terms and Conditions at the time of the order shall always apply.
2.2. The products displayed on our onlineshop are aimed at both consumers and entrepreneurs, but only to end-users. For purpose of these Terms and Conditions (a) “consumer” means every natural person who enters into a legal transaction for a purpose that can be attributed neither to their commercial nor to their independent vocational activity (§13 German Civil Code – “BGB”) and (b) “entrepreneur” is a natural or legal person or a partnership with legal personality, who or which, when entering into the contractual transaction, acts in exercise of his or its commercial or self-employed business activity (§14 para 1 BGB).
3. Conclusion of Contract
3.1. The products displayed on our onlineshop do not represent a legally binding offer of a contract, but a merely a non-binding online catalogue
3.2. By clicking on the “Place Order” button, you are submitting a binding order of the items contained in the shopping cart. Order acceptance is confirmed via an automated e-mail (“order confirmation”) immediately after sending the order and does not yet constitute acceptance of the contract. It serves only for your information that this order has been received. The sales contract shall be concluded only when we issue an order confirmation or when we deliver the ordered item to you.
3.3. There may be differences between the Products shipped and those shown on the Website or in the catalogue, primarily for handcrafted Products, each of which is unique, and Products for which technical or technological modifications have been made. You may not cancel your order or refuse delivery due to such differences, provided that they do not affect the essential features or quality of the Products. However, we cannot guarantee that the color you see on the Website or in the catalogues matches the product color, as the display of the color depends in part upon the browser and monitor you are using. Cava GbR cannot be held liable for inaccuracies in the photographs on the website.
3.4. All orders for products are subject to availability and in this regard, in the event of supply difficulties or because products are no longer in stock, we reserve the right to give you information about substitute products of an equal or higher quality and value which you can order. If you do not wish to order the substitute products, we will reimburse any money that you may have paid.
4. Consumers’ Cancellation Right, Exclusion of Cancellation Right
4.1. As a consumer, you have the right to cancel the contract. The requirements and legal consequences of the right of cancellation are indicated in our “Cancellation Policy”.
4.2. In accordance with §312g (2) BGB the right of cancellation does not apply among others with the delivery of goods that are not prefabricated and produces according to consumer selection or specifications or clearly tailored to personal needs or which may go bad quickly
5. Price Information, Conditions of Payment & Reservation of Title
5.1. The specified prices refer to the item published online with the matching description.
5.2. Prices are final prices, including the according VAT. Shipping costs are extra and shall be clearly communicated to you on the shopping card system and also on the order page.
5.3. We accept payments via direct bank transfer, credit card (Visa, Mastercard, American Express) and Paypal (internet payment service). All sales prices must be immediately paid after contract conclusion.
5.4. You as a buyer are entitled to offsetting only if your claims are legally established, undisputed or recognized by us. Also, you are entitled to the right of retention only insofar as your claim is based on the same contractual relation.
5.5. The goods shall remain the property of Cava GbR, until payment is made in full and permanently. If you are in default of payment for more than 10 days, we are entitled to rescind the contract and to reclaim goods.
6. Liability and Warranty
Products (including handicraft products) sold by us will often contain the natural characteristics of the materials used in the manufacture of the completed product. Natural characteristics such as grain, texture, knots and colour variation should not be classed as faults or defects. Inconsistencies in these natural characteristics should be expected and appreciated. We select only products of the highest quality, but natural characteristics are inevitable and should be accepted as part of the individual appearance of the product. Nothing in this Clause will affect your statutory rights as a consumer, or your Contract cancellation rights.
6.1. Warranty and liability are determined according to legal provisions, particularly according to §§ 434 ff BGB, unless otherwise specified by the following provisions.
6.2. We will only be liable for compensation in cases of letter a) to d) as follows:
a) full liability for injury of life, body or health and for damages caused by intent or gross negligence;
b) for damages resulting from nonfulfillment of any guarantees submitted in writing within the scope of your property interest as purchaser, which was covered by the purpose of the guarantee and which was apparent to us at the time of submission;
c) for the breach of essential contractual obligations due to slight negligence, the resulting liability for damages is limited to the extent of damage that we must typically expect at the time of conclusion of the contract due to the circumstances known at the time of the occurrence. Essential contractual obligations are such basic obligations that were decisive for your conclusion of contract and upon whose compliance you could rely;
d) in case of product liability under the German Product Liability Act.
6.3. Complains relating to the scope of delivery, material defects, incorrect deliveries and quantity discrepancies must be immediately asserted after receiving the goods, provides that they can be ascertained by reasonable investigations. Claims must be immediately filed for noticeably damaged packaging when received from the delivery company.
7. Delivery and Service Reservation
7.1. Delivery times may amount up to 5 days. Should delivery times differ, we shall provide a notification on the respective product page.
7.2. In case of changes to products, non-availability of goods or delayed delivery by the manufacturer, Cava GbR shall reserve the right to render a service that is equal in quality or price or, if this is not possible, not render the service.
12.3 In the event of a case as set forth in 12.2, Cava GbR shall immediately inform the customer about the non-availability or delayed delivery.
12.4 If Cava GbR rescinds from the agreement as per Clause 12.2, Cava GbR shall immediately refund the customer’s counter-performance.
8. Written Form Requirement
Changes to the contract and ancillary agreements must be made in writing to be effective. The written form requirement shall also apply to foregoing the written form requirement.
9. Intellectual Property
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorized by us or our licensors. This does not prevent you using this website to the extent necessary to make a copy of any order or Contact details.
10. Data Protection
10.1. We will collect, process and save all personal data that you supply exclusively in accordance with the provisions of the German Data Protection Act.
10.2. Use of your personal data is required for conclusion and fulfilment of the contract with you. Any further use requires your express consent. For details of data collected and their specific use, please refer to our “privacy policy”.
11. Identity of the Provider, Contact
11.1. Provider of the onlineshop is
Diedl Luis, Riecken Niclas und Passow
Julius GbR
Menzinger Straße 45a
80638 Munich, Germany
Phone: +49 (0)151 40558800
E-Mail: [email protected]
Tax Number: 153/155/54001
11.2. Complaints can be made to the above-mentioned address.
12. Final Provisions
12.1. German law shall apply, with the exclusion of the UN Sales Convention.
12.2. Should any provision of these General Terms and Conditions be or become partially or fully invalid, the validity of the remaining provisions shall not be affected thereby.
12.3. We have the right to revise and amend these General Terms from time to time.
You will be subject to the policies and Terms in force at the time that you use this website or order products from us, unless any change to those policies, Terms or Private Policy is required to be made by law or governmental authority, in which case, any potential changes will also apply to orders previously placed by you.