G.T.C.
General Terms and Conditions of Business
1 Scope, applicable law, place of jurisdiction
1.1 For all deliveries of cat-on | Martin Frank (hereinafter referred to as: MF) to consumers on this website, the following General Terms and Conditions shall apply exclusively in the version valid at the time of the order.
Consumers are persons in the sense of § 13 of the German Civil Code (BGB), i.e. natural persons who conclude the respective legal transaction for a purpose that can predominantly be attributed neither to their commercial nor to their independent professional activity. In other cases, the customers are entrepreneurs pursuant to § 14 BGB.
1.2 Guarantees, assurances, ancillary agreements and amendments to the contract must be made in writing in order to be effective. This applies in particular to the amendment of the written form requirement. An oral amendment of the written form requirement is invalid.
1.3 German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
2 Offer and conclusion of contract
2.1 Your order and its dispatch constitutes an offer to MF to conclude a purchase contract.
2.2 Upon receipt of your order, MF will confirm receipt of your order by e-mail. This order confirmation does not constitute an acceptance of the offer to enter into a contract of sale by MF, but only confirms the receipt of the order.
2.3 The contract of sale between you and MF will not be formed until the goods have been made available for dispatch by MF and a second notification has been sent to you by email (Dispatch Confirmation).
2.4 Some of the product images on the website are illustrations by way of example and may differ from the products ordered or delivered.
2.5 All products are only sold in household quantities.
3 Delivery
3.1 Unless otherwise agreed, delivery will be made to the delivery address provided by you.
3.2 In the event of unavailability, MF shall be entitled to execute the order at a later date within a reasonable time. In this case you will immediately receive a written message informing you of a later delivery date.
3.3 If 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.
3.4 The main shipment will be made by the parcel service of your choice. In the case of large shipping volumes with multiple shipments, we reserve the right, for reasons of sustainability and economy, to distribute further partial shipments to other parcel services in addition to the main shipment, if necessary.
4. cancellation policy
Right of withdrawal
You have the right to cancel this contract within 14 days without giving any reason.
The revocation period is 14 days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the last goods.
In order to exercise your right of revocation, you must inform us (cat-on | Martin Frank, Geneststr.5, 10829 Berlin, e-mail: info(at)cat-on.com, Tel.: +49(0)3086008486, Fax: +49 (0)30860088489) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract. You can use the attached model withdrawal form for this purpose, which is, however, not mandatory.
To comply with the revocation obligation, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of cancellation:
If you withdraw from the contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall 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 the handling of the goods which is not necessary for the inspection of the condition, properties and functioning of the goods.
End of the cancellation policy
5. note on the right of revocation (not part of the revocation instruction)
The right of withdrawal does not apply to distance contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
6. complaints
We also seek customer-oriented solutions in legal matters. Of course, your rights remain unaffected even if you do not call us. In the event that a customer wishes to complain in writing about circumstances surrounding the conclusion of the contract or the manner in which the contract was executed, he or she can contact the following address:
Martin Frank | cat-on
Geneststr. 5
10829 Berlin
In the event that a customer wishes to complain verbally about circumstances surrounding the conclusion of the contract or the manner in which the contract was executed, he or she may do so by calling the following telephone number:
+49 30 86 00 84 86
7. shipping costs
7.1 The shipping costs depend on the quantity of goods ordered as well as the shipping method and will be clearly communicated to you before you submit your binding order.
7.2 Flat rate shipping costs Germany: Within Germany we charge a flat rate shipping cost for packaging and postage of 6.90 EUR with DPD and after a price increase of DHL now 7.90 €.
7.3 Flat rate for postage and packing EU: from 12,90 to 60 Euro.
(Belgium, Denmark, Finland, France (except Corsica), Greece, Great Britain, Ireland, Italy, Croatia, Luxembourg, Netherlands, Norway, Austria, Czech Republic, Poland, Portugal, Spain (except Balearic Islands), Slovakia, Sweden, Hungary).
Attention! When shipping abroad, subsequent address corrections will incur processing fees of € 15.00 with the shipping companies, which we will have to pass on to you.
7.4 Shipping costs flat rate Switzerland: 22,50 Euro & Norway: 29,50 Euro. The sale is purely net, excluding VAT.
7.5 Shipping costs outside the EU: Shipping costs for non-EU countries are to be calculated individually.
7.6 For destinations on islands, such as Corsica or the Balearic Islands, we reserve the right to recalculate shipping costs individually.
8. payment and dispatch
8.1 MF delivers against prepayment (2% discount), Sofortüberweisung, Giropay, Paypal, Visa, Mastercard, American Express, iDeal, Bancontact, postepay, Maestro, Google Pay and Apple Pay.
Our Paypal address is: bezahlung@cat-on.com
8.2 For prepayment methods, the following bank details apply:
Account: 486689300
Deutsche Bank Berlin: Sort code: 100 700 24
Owner: Martin Frank
SEPA: IBAN DE64100700240486689300 / BIC: DEUTDEDBBER
After the ordered goods are ready for dispatch, you will receive an invoice for the ordered goods together with the confirmation of dispatch.
8.3 The delivery time is 7 to 12 working days within Germany.
8.4 If the invoice amount is not paid within 14 days after sending the invoice, MF is entitled to withdraw from the contract.
Further legal claims remain unaffected.
8.5 Payments from foreign credit institutions can be processed more economically if the IBAN and SWIFT codes of our bank account are indicated on the transfer:
IBAN code: DE64100700240486689300
SWIFT code (BIC): DEUTDEDBBER
9. retention of title
The goods supplied shall remain the property of MF until they have been paid for in full.
10 Warranty and Liability
10.1 Any description of our products constitutes a description of performance only and does not imply any warranty as to the quality of the subject matter of the contract, its fitness for a particular purpose or its durability. Corresponding guarantees must be agreed separately and in writing in every case.
10.2 In the event of a defect, you may demand subsequent performance (rectification of the defect or replacement delivery).
If the subsequent performance fails, you may withdraw from the contract or reduce the purchase price in the event of a not insignificant defect.
The assertion of claims for damages is exclusively subject to the following clauses 9.3 to 9.6 of these General Terms and Conditions.
10.3 In the case of intent, claims under the Product Liability Act and in the case of injury to life, body and health, MF shall be liable in accordance with the statutory provisions.
10.4 In the event of the death of or injury to an animal, MF shall, notwithstanding clause 9.3, only be liable in the event of intent or gross negligence and in accordance with the provisions of the Product Liability Act.
10.5 In the case of gross negligence, MF's liability is limited to compensation for typically foreseeable damage; this limitation does not apply insofar as the damage was caused by MF's executives.
10.6 MF is not liable for damages caused by simple negligence.
10.7 In the case of supplementary performance by replacement delivery, MF can make the replacement delivery dependent on the prior return of the defective item.
10.8 If the delivery shows obvious external damage (e.g. the carton is torn open, damaged), please open the consignment in the presence of the parcel carrier if possible and compare the contents with the enclosed invoice. In the event of discrepancies, incomplete deliveries or damage to the goods, please have the messenger confirm this in writing if possible.
Please notify us immediately of any transport damage and incomplete deliveries, even if these can only be detected when the parcel is opened. This is best done in writing.
We must report transport damage to our insurer within 48 hours, otherwise our claim will be lost.
11. data protection
Disclosure of personal information to third parties:
MF will only use your personal information to process product orders within the online shop. MF will not share your information with any third party without your express consent.
It is our policy to treat your information as strictly confidential and not to pass it on to third parties. For the complete processing of your order, we work together with service providers to whom we transfer certain data (surname, first name, street) for the fulfilment of the order. This is of course done in strict compliance with the confidentiality of your data.
These are service providers for the delivery of parcels (DHL) and for the processing of payments (credit card debit card, instant transfer, PayPal and purchase on account).
Insofar as we are obliged to do so by law or by court order, we will transmit your data to bodies entitled to receive information.
Use of Google Analytics
This website uses Google Analytics, a web analytics service provided by Google, Inc. ("Google") Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyse how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.
Use of Facebook social plugins
Our website uses so-called social plugins of the social network facebook.com ("Facebook"). Facebook is operated by Facebook Inc, 1601 S. California Ave, Palo Alto, CA 94304, USA. Detailed information on the functions of the individual plugins and their appearance can be found on the following website belonging to facebook : http://developers.facebook.com/docs/plugins.
Those web pages of our website that contain Facebook social plugins establish a direct connection with the Facebook servers via your browser when you open them. This transmits the information to Facebook that you have accessed the page of our website containing the social plugin.
If you are logged in to Facebook at this time, your visit to our pages and all your interactions in connection with the social plugins (e.g. clicking the "Like" button, creating a comment, etc.) can be assigned to your Facebook profile and stored by Facebook. Even if you do not have a Facebook profile, it cannot be ruled out that Facebook will store your IP address.
To prevent Facebook from collecting the above-mentioned data through your visit to our website, log out of Facebook before visiting our site. To prevent Facebook from generally accessing your data on our website and on other websites, you can exclude Facebook social plugins by using an add-on for your browser (e.g. "Facebook Blocker", http://webgraph.com/resources/facebookblocker)."
12. notes on the packaging ordinance
Notes on the disposal of packaging/Packaging Ordinance In accordance with the statutory provisions, we have concluded a disposal contract with the company of Grüne Punkt Duales System Deutschland GmbH. Please dispose of packaging via the Dual System in your area.
13 Miscellaneous
13.1 The language of the contract is German.
13.2 The contracts concluded with MF shall be governed by German law in all cases, including those involving foreign countries, i.e. orders from and/or deliveries to foreign countries, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In the event of goods being returned from abroad, the return postage shall be borne by the customer.
13.3 If individual provisions of these General Terms and Conditions are or become invalid, this shall not affect the validity of the remaining provisions.
13.4 In the event that MF is unable to provide the service owed due to force majeure (in particular war, natural disasters), it shall be released from its performance obligations for the duration of the impediment.
The contracting parties undertake to replace the invalid provision by a provision that is legally permissible and comes closest to the sense and purpose of the invalid provision according to the ideas of the contracting parties.
The law shall apply in addition.
The European Commission provides a platform for online dispute resolution (OS). You can find the platform at http://ec.europa.eu/consumers/odr/
We are willing to participate in an out-of-court conciliation procedure before a consumer arbitration board.
The competent body is the Universalschlichtungsstelle des Bundes am Zentrum Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.universalschlichtungsstelle.de.
