General terms and conditions for end customers

1. Conclusion of a contract

  1. The presentation of the products in our online shop is not a legally binding offer, but a non-binding catalog of the products and services we offer (the "goods"). When you place an order, you submit to us the offer to conclude a corresponding contract. You are bound to your offer for a period of two working days at our headquarters. Within this period of time, we can declare acceptance of your offer, which takes place either through successful execution of the payment process, execution of the order or confirmation of the conclusion of the contract in text form. An email sent by us automatically confirming the receipt of your order is not an acceptance of your offer to conclude a contract.
  2. Our offer is subject to self-delivery. If the ordered goods are not available for reasons that we could not have foreseen when the contract was concluded and we are not supplied by a supplier through no fault of our own, we have the right to withdraw from the contract. In this case, we will inform you immediately that delivery is not possible and will immediately reimburse you for any purchase price that may have already been paid. This right only applies to consumers within the meaning of Section 13 of the German Civil Code (BGB) if we have concluded a specific hedging transaction for the execution of the contract and surprisingly, through no fault of our own, the supplier has not been supplied.
  3. General terms and conditions of the customer are not part of the contract unless their validity is expressly agreed.

2. Deliveries abroad

We only deliver to addresses in Germany, Austria and Switzerland. For customers in other countries, we offer self-collection in Berlin.

3. Contract language, storage of the contract text and correction of entered data

  1. The contract language is German.
  2. Send the contract text on a permanent data carrier (e-mail or paper printout) with our order confirmation or, at our option, with the delivery of the goods.
  3. Data entered as part of an order process can be corrected before sending the order using the browser's back button. Furthermore, there is a possibility of correction if this is indicated on the respective page of our shop.

4. SaaS products

  1. Saas products are products for which your contractual partner is on the CopeCart website and which have the temporary right to use software via the Internet or via an app as their object.
  2. You do not acquire any direct usage rights from CopeCart for SaaS products, but CopeCart only grants you the right to request the transfer of the corresponding usage rights from the specified manufacturer without separate payment. The SaaS product is provided by the manufacturer.
  3. CopeCart does not become a contractual partner with regard to the specific use of the SaaS product. Any claims due to the SaaS product must therefore be asserted directly against the manufacturer, who will become your contractual partner in this respect.

5. Partial deliveries

We are entitled to make partial deliveries if a contract for the delivery of several articles has been concluded and it is possible and reasonable for you to use the articles individually according to their intended use according to the circumstances recognizable when the contract was concluded. In this respect, additional costs for shipping will not be charged.

6. Fees, payment in installments

The due date of fees is based on the statutory provisions. If the customer has been granted payment in installments, our claim from the respective contract against the end customer shall become due immediately if the end customer is more than 30 days in arrears with the payment of an installment.

7. Transfer of risk on delivery to entrepreneurs

  1. If you are an entrepreneur in accordance with § 14 BGB, the risk of accidental loss and accidental deterioration of the purchased goods is transferred when the goods are delivered to the forwarding agent, the carrier or someone else designated to carry out the shipment Person or institution.
  2. If the dispatch is delayed at your request, the risk referred to in paragraph 1 is transferred to you upon notification of readiness for dispatch.

8. Guarantee

  1. You are entitled to legal claims if you are a consumer within the meaning of Section 13 of the German Civil Code (BGB).
  2. If you are an entrepreneur within the meaning of § 14 BGB, the choice of subsequent performance is incumbent on us, taking into account the legal limits. The limitation period for warranty claims is one year; this period does not apply in the event of injury to life, limb or health or if we are accused of malicious acts or the assumption of a guarantee.

9. Liability

  1. The liability for intent and gross negligence is unlimited.
  2. In the event of a simple negligent breach of essential contractual obligations, the amount of liability is limited to foreseeable damage typical of the contract. Essential contractual obligations are those whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the injured party can regularly rely. The limitation period for claims under this paragraph is one year if the other party is not a consumer within the meaning of Section 13 of the German Civil Code (BGB).
  3. Paragraph 2 does not apply to claims arising from injury to body, health or life, in the event of fraudulent behavior, assumption of a guarantee, liability for initial inability or impossibility for which we are responsible, as well as for claims under the Product Liability Act.
  4. Otherwise liability - regardless of the legal reason - is excluded.

10. Retention of title

The delivered goods remain our property until the final and full payment of the invoice.

11. Cancellation policy for the purchase of digital content

You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day the contract is concluded. 

In order to exercise your right of withdrawal, you must inform us CopeCart GmbH, Ufnaustraße 10, 10553 Berlin, phone: 04103-7003001, email: info@copecart.com, by means of a clear declaration (e.g. a letter sent by post, fax or email Mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory.

It made to safeguard the withdrawal period is sufficient that you send your communication concerning the exercise of the right of withdrawal before the withdrawal deadline.

Effects of withdrawal

If you withdraw from this contract, we have put all the payments that we have received from you, including delivery costs (except for the additional costs arising from the fact that a type of delivery other than the offered by us , have chosen the cheapest standard delivery), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment.

Expiry of the right of cancellation

The right of cancellation expires in the case of a contract for the delivery of digital content that is not on a physical data carrier if we have started executing the contract after you have expressly agreed that we will start executing the contract before the cancellation period has expired , and have confirmed your knowledge that by giving your consent you will lose your right of withdrawal at the beginning of the execution of the contract.

12. Cancellation instructions for the purchase of goods to be delivered

You have the right to cancel this contract within fourteen days without giving a reason. The cancellation period is fourteen days from the day the contract is concluded. 

In order to exercise your right of withdrawal, you must inform us CopeCart GmbH, Ufnaustraße 10, 10553 Berlin, phone: 04103-7003001, email: info@copecart.com, by means of a clear declaration (e.g. a letter sent by post, fax or email Mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory.

To meet the cancellation deadline, it is sufficient for you to send your notification that you are exercising your right of cancellation before the cancellation period has expired.

Consequences of revocation 

If you revoke this contract, we will have you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from the fact that you use a different type of delivery than the one we offer, have chosen the cheapest standard delivery), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment.

13. Instructions on revocation for contracts with free installments Right of

revocation

If you as a consumer (borrower) have concluded a free installment payment agreement with us, you have the following right of revocation:revoke

The borrower can his contract declaration within 14 days without giving reasons. The period begins after the conclusion of the contract, but only after the borrower has received this cancellation policy on a permanent data carrier. To meet the cancellation deadline, the timely sending of the cancellation is sufficient if the declaration is made on a permanent data carrier (e.g. letter, fax, e-mail). The revocation must be sent to: CopeCart GmbH, Ufnaustraße 10, 10553 Berlin, phone: 04103-7003001, email: info@copecart.com.

Special features of other contracts

If the borrower cancels this loan contract, he is no longer bound by the contract for the acquisition of digital content or the contract for the acquisition of services (hereinafter: associated contract).

If the borrower is entitled to a right of withdrawal in relation to the connected contract, he is no longer bound by the loan contract with the effective withdrawal of the connected contract. For the legal consequences of the revocation, the regulations made in the associated contract and the revocation instructions given for this are authoritative.

Consequences of revocation

If you revoke this contract, we will have you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from the fact that you use a different type of delivery than the one we offer, have chosen the cheapest standard delivery), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. You must return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.

 You bear the direct costs of returning the goods. 

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.

Expiry of the right of cancellation

 The right of cancellation expires in the case of a contract for the delivery of digital content that is not on a physical data carrier if we have started executing the contract after you have expressly agreed that we will start executing the contract before the cancellation period has expired , and have confirmed your knowledge that by giving your consent you will lose your right of withdrawal at the beginning of the execution of the contract.

14. There is no right of withdrawal for admission tickets.

There is no statutory right of withdrawal for the purchase of admission tickets in accordance with Section 312 g, Paragraph 2, Sentence 1, No. 9 of the German Civil Code (BGB).

15. Sample cancellation form

(If you want to cancle the contract, please fill out this form and send it back.)

To:
CopeCart GmbH
Ufnaustraße 10, 10553 Berlin
Phone: 04103-7003001
Email: info@copecart.com

  1. With here I / we (*) revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*)
  2. Ordered on (*) / received on (*)
  3. Name of the consumer (s)
  4. Address of the consumer (s)
  5. Signature of the consumer (s) (only if the notification is on paper)
  6. Date

(*) Please delete inapplicable

16. Out-of-court settlement of disputes

  1. The EU Commission has at http: / /ec.europa.eu/consumers/odr/ provided a platform for out-of-court dispute resolution.
  2. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

17. Applicable law and place of juris diction

  1. The following paragraphs only apply to entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB).
  2. The contract is subject solely to the law of the Federal Republic of Germany. International private law does not apply insofar as it is indispensable.
  3. The sole place of jurisdiction for all disputes in connection with this agreement is our registered office. We are also entitled to assert claims against our contractual partner at one of its legal places of jurisdiction.

18. Severability clause

Should individual provisions of these general terms and conditions be or become ineffective in whole or in part, the remaining provisions shall remain unaffected, unless the omission of individual clauses would disadvantage one of the contracting parties so unreasonably that they would not be able to adhere to the contract more can be expected.

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