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General Terms and Conditions with Customer Information
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Table
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1. Scope
2. Conclusion of the contract
3. Right of withdrawal
4. Prices and terms of payment
5. Terms of Delivery and Shipping
6. Retention of title
7. Liability for defects (guarantee)
8. Special conditions for the processing of goods according to certain requirements of the customer
9. Redemption of promotional vouchers
10. Applicable law
11. Alternative Dispute Resolution

1) Scope
1.1 These General Terms and Conditions (hereinafter referred to as “Terms”) of Claudio Caporale, acting under “Caporace” (hereinafter “Seller”), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter “Customer”) concludes with the Seller with respect to the goods presented by the Seller in his online shop. This shall not allow the customer’s own terms and conditions to be included, unless otherwise agreed.
1.2 For the purposes of these GtC, a consumer is any natural person who concludes a legal transaction for purposes which cannot be attributed primarily to his commercial or independent professional activity. Entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal effect which, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity.

2) Conclusion of the contract
2.1 The product descriptions contained in the seller’s online shop do not constitute binding offers on the part of the seller, but serve to make a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated into the seller’s online shop. After the customer has placed the selected goods in the virtual shopping cart and went through the electronic ordering process, by clicking the button that concludes the ordering process, the customer makes a legally binding contract offer with respect to the goods contained in the shopping cart.
2.3 The Seller may accept the Customer’s offer within five days,
– by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
– by supplying the ordered goods to the customer, in so far as the receipt of the goods by the customer is decisive, or
– by asking the customer to pay after placing his order.
If several of the above alternatives are available, the contract shall be concluded at the time when one of the above alternatives first occurs. The period for acceptance of the offer begins to run on the day after the customer has sent the offer and ends at the end of the fifth day following the dispatch of the offer. If the seller does not accept the customer’s offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.
2.4 If you select a payment method offered by PayPal, payment is processed via the payment service provider PayPal (Europe) S.A. r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (‘PayPal’), subject to the PayPal Terms of Use, available under https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or, if the customer does not have a PayPal account, subject to the terms and conditions for payments without a PayPal account, available under https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays by means of a payment method offered by PayPal, which can be selected in the online ordering process, the seller already declares the acceptance of the customer’s offer at the time when the customer clicks on the button that completes the ordering process.
2.5 When submitting an offer via the Seller’s online order form, the text of the contract is stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after sending his order. The seller will not make the text of the contract available in addition. If the customer has set up a user account in the seller’s online shop before sending his order, the order data will be archived on the seller’s website and can be accessed free of charge by the customer via his password-protected user account, stating the corresponding login data.
2.6 Prior to the binding submission of the order via the seller’s online order form, the customer can detect possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the magnification function of the browser, which is used to increase the appearance on the screen. As part of the electronic ordering process, the customer can correct his entries via the usual keyboard and mouse functions until he clicks on the button that completes the ordering process.
2.7 The German and English languages are available for the conclusion of the contract.
2.8 Order processing and contact ingestion usually take place by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct, so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by the seller responsible for the order processing can be delivered.

3) Right of withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller’s cancellation policy.

4) Prices and terms of payment
4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices. Vat is not shown as the seller is a small businessman within the meaning of the UStG. If necessary, additional delivery and shipping costs will be specified separately in the respective product description.
4.2 The payment option/s will be communicated to the customer in the seller’s online shop.
4.3 If advance payment is agreed by bank transfer, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.4 If the payment method “PayPal Credit” is selected, the seller assigns his payment claim to PayPal. Before accepting the Seller’s Assignment Declaration, PayPal performs a credit check using the customer data provided. The Seller reserves the right to refuse the customer the payment method “PayPal Credit” in the event of a negative audit result. If the payment method “PayPal Credit” is approved by PayPal, the customer must pay the invoice amount to PayPal on the terms and conditions set by the seller, which are communicated to him in the seller’s online shop. In this case, he can only pay PayPal with debt-relieving effect. However, the Seller shall also remain responsible for general customer enquiries, e.g. for goods, delivery time, dispatch, returns, complaints, cancellation declarations and dispatches or credit memos, in the event of the assignment of claims.
4.5 If the payment method “SOFORT” is selected, payment processing takes place via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter “SOFORT”). In order to be able to pay the invoice amount via “SOFORT”, the customer must have an online banking account that is activated for participation in “SOFORT”, legitimize himself accordingly during the payment process and confirm the payment instruction to “SOFORT”. The payment transaction is carried out immediately afterwards by “SOFORT” and debited the customer’s bank account. Further information on the payment method “SOFORT” can be found on the Internet at https://www.klarna.com/sofort/.
4.6 If the payment method is selected, the invoice amount is due for payment after the issue of a SEPA direct debit mandate, but not before the expiry of the period for prior information. The direct debit shall be debited when the ordered goods leave the seller’s warehouse, but not before the expiry of the period for prior information. Pre-notification is any notice (e.g. invoice, policy, contract) of the seller to the customer announcing a charge by means of SEPA direct debit. If the direct debit is not redeemed due to insufficient account coverage or due to the indication of an incorrect bank account, or if the customer objects to the debit, even though he is not entitled to do so, the customer shall bear the fees incurred by the chargeback of the respective credit institution, if he is responsible for this.
4.7 If you select the payment method “PayPal Direct Debit”, PayPal will withdraw the invoice amount from the customer’s bank account after issuing a SEPA direct debit mandate, but not before the deadline for prior information on behalf of the seller. Pre-notification is any communication (e.g. invoice, policy, contract) to the customer announcing a charge by means of SEPA direct debit. If the direct debit is not redeemed due to insufficient account coverage or due to the indication of an incorrect bank account, or if the customer objects to the debit, even though he is not entitled to do so, the customer shall bear the fees incurred by the chargeback of the respective credit institution, if he is responsible for this.
4.8 If the payment method direct debit via Stripe is selected, payment is processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (‘Stripe’). In this case, Stripe will withdraw the invoice amount from the customer’s bank account after issuing a SEPA direct debit mandate, but not before the expiry of the period for prior information on behalf of the seller. Pre-notification is any communication (e.g. invoice, policy, contract) to the customer announcing a charge by means of SEPA direct debit. If the direct debit is not redeemed due to insufficient account coverage or due to the indication of an incorrect bank account, or if the customer objects to the debit, even though he is not entitled to do so, the customer shall bear the fees incurred by the chargeback of the respective credit institution, if he is responsible for this. The seller reserves the right to carry out a credit check when selecting the payment method SEPA direct debit and to reject this payment method in case of negative credit check.
4.9 If you select the payment method credit card via Stripe, the invoice amount is due immediately upon conclusion of the contract. Payment is processed through the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (‘Stripe’). Stripe reserves the right to carry out a credit check and to reject this payment method in the event of a negative credit check.

5) Terms of Delivery and Shipping
5.1 The delivery of goods takes place by shipping to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller’s order processing shall prevail. By way of derogation from this, the delivery address deposited by the customer at the time of payment with PayPal shall prevail when selecting the payment method PayPal.
5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs of the dispatch if the customer effectively exercises his right of withdrawal. In the event of an effective exercise of the right of withdrawal by the customer, the provisions made in the seller’s revocation instructions shall apply to the return costs.
5.3 Self-collection is not possible for logistical reasons.

6) Retention of title
If the seller is in advance, he reserves the title to the delivered goods until full payment of the purchase price owed.

7) Liability for defects (guarantee)
7.1 If the purchased item is defective, the provisions of the statutory liability for defects apply.
7.2 By way of derogation from this, the following applies to used goods: Claims for defects are excluded if the defect only occurs after the expiry of one year from delivery of the goods. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period. However, the reduction of the liability period to one year does not apply
– for goods which, in accordance with their usual use, have been used for a structure and which have caused its defectiveness,
– for claims for damages and reimbursement of expenses of the customer, as well as
– in the event that the seller has fraudulently concealed the defect.
7.3 The customer is requested to complain to the delivery company about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.

8) Special conditions for the processing of goods according to certain requirements of the customer
8.1 If the Seller owes the content of the contract not only the delivery of the goods but also the processing of the goods according to certain specifications of the customer, the customer must provide the seller with all the content required for the processing, such as texts, images or graphics, in the file formats, formatting, image and file sizes specified by the seller, and shall grant him the necessary rights of use for this purpose. The customer is solely responsible for the procurement and acquisition of rights in these contents. The customer declares and assumes responsibility for having the right to use the content provided to the seller. In particular, it shall ensure that no rights of third parties are infringed, in particular copyright, trademark and personal rights.
8.2 The customer informs the seller of claims of third parties, which they can assert against them in connection with a violation of their rights by the contractual use of the contents of the customer by the seller. The customer shall also bear the reasonable costs of the necessary legal defense, including all legal and legal fees in the statutory amount. This does not apply if the infringement is not the customer’s foregone action. In the event of a claim by third parties, the customer is obliged to provide the Seller immediately, truthfully and completely with all the information necessary for the examination of the claims and a defence.
8.3 The Seller reserves the right to refuse processing orders if the contents provided by the Customer violate legal or official prohibitions or morality. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, insulting, endangering and/or violent content.

9) Redemption of promotional vouchers
9.1 Vouchers issued free of charge by the Seller in the context of promotions with a certain period of validity and which cannot be purchased by the Customer (hereinafter referred to as “Promotional Vouchers”) can only be redeemed in the Seller’s online shop and only within the specified period.
9.2 Individual products may be excluded from the voucher promotion, provided that a corresponding restriction results from the content of the promotional voucher.
9.3 Promotional vouchers can only be redeemed before the completion of the ordering process. Subsequent clearing is not possible.
9.4 Only one promotional voucher can be redeemed per order.
9.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.
9.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller may be chosen to settle the difference.
9.7 The balance of a promotional voucher will not be paid out in cash or interest.
9.8 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of his statutory right of withdrawal.
9.9 The Promotional Voucher is intended for use only by the person named on it. A transfer of the promotional voucher to third parties is excluded. The seller is entitled, but not obligated, to check the material eligibility of the respective voucher holder.

10) Applicable law
The law of the Federal Republic of Germany shall apply to all legal relations of the parties to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law applies only to the extent that the protection afforded is not deprived by mandatory provisions of the law of the country in which the consumer is habitually resident.

11) Alternative Dispute Resolution
11.1 The European Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
11.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

11.2. Contract language is german.

11.3. European Commission Platform on Online Dispute Resolution (Os) for Consumers: http://ec.europa.eu/consumers/odr/. We are not prepared or obliged to participate in a dispute resolution procedure before a consumer arbitration board.