General terms and conditions
Section 1 Scope of application – subject matter of the contract
(1) These General Terms and Conditions (hereinafter referred to as “GTC”) apply to all contracts concluded between ConVest Cases GmbH, Herforder Str. 194-200 32257 Bünde, Germany (hereinafter referred to as the “User”) and a consumer (hereinafter referred to as the “Customer”) as regards the goods presented by the User in this online shop.
(2) A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes which can primarily be attributed to neither their commercial nor independent professional activity.
(3) These General Terms and Conditions apply exclusively. The User shall not recognise any terms or conditions of the Customer that conflict with or deviate from these General Terms and Conditions, unless the User has expressly agreed to their validity in writing.
(4) Upon conclusion of the contract, this is concluded between the Customer and ConVest Cases GmbH, Herforder Str. 194-200 32257 Bünde, Germany VAT ID no.: DE 329564248.
Section 2 Offer - Conclusion of Contract – Offer Documents
(1) The illustrated goods and product descriptions that are presented in this online shop do not constitute binding offers on the part of the User, but merely serve as a request for the submission of a binding offer by the Customer.
(2) The Customer can make a binding offer by clicking on the button “Order subject to payment” at the conclusion of the electronic ordering process. In doing so, a legally binding offer is made for all goods that are in the virtual shopping cart at that time.
(3) The User may accept this offer within two days by sending a confirmation of order. Offers made in advance by the User are subject to change. The period for acceptance of the offer commences on the day after the Customer sends the offer and concludes at the end of the second day. If the User allows this period to elapse, this shall be considered to constitute a rejection of the offer made by the Customer, as a result of which the Customer shall no longer be bound by his or her declaration of intent.
Section 3 Prices and terms of payment
(1) The purchase price stated at the time of the order is binding and does not include any shipping costs. The statutory rate of value added tax is included.
(2) The total payment is to be made within fourteen days of the receipt of the goods and without discount, unless agreed otherwise. As regards default of payment, the statutory provisions apply.
(3) The Customer shall only be entitled to offsetting rights if their counter claims have been legally established, are indisputably recognised by the User or are synallagmatically linked to our main claim.
(4) The following payment options are available to the Customer:
- PayPal (for explanation, see (6.2))
- Invoice via PayPal
- Advance payment (for explanation, see (6.4))
- Credit card via PayPal
(5) In the event that a refund of the purchase price is made, the same payment option is to be used that the Customer previously used in order to make the payment to the User.
(6.2) In the case of the advance payment by bank transfer payment option, the payment is due immediately after conclusion of the contract unless agreed otherwise.
Section 4 Period of performance - transfer of risk
(1) If delivery periods are specified by the User and they provided the basis for the placing of the order, in the event of strikes, statutory or official orders (for example, customs, import, export), and in cases of force majeure, these periods shall be extended for the duration of the delay. The same applies if the Customer fails to comply with any obligations to cooperate.
(2) Partial delivery is permitted by the User insofar as it is reasonable for the Customer.
(3) The delivery of the ordered goods takes place exclusively via DHL.
When ordering goods with a value of € 100 or over, the delivery is free of shipping costs.
(4) Deliveries shall only be made within Germany. In the case of orders placed from abroad, the Customer has the option of providing the User with an address in Germany to which the ordered goods are to be delivered. Such deliveries are also free of shipping costs for goods with a value of € 100 or over. If the User delivers to the delivery address provided by the Customer or to the place of collection, the Customer shall be responsible for the transport of the goods to his or her place of residence from that point in time.
If the transport company is unable to deliver the consignment to the Customer and if, as a result, the consignment has to be returned to the User, the Customer shall bear the costs of the unsuccessful shipping, unless s/he is not responsible for the circumstances that led to the unsuccessful delivery.
(5) In the case of an obligation to pay by instalment, the relevant point in time for the transfer of risk is the actual handover of the delivery to the Customer or an authorised third party by the transport company. After this point in time, the Customer therefore bears the risk for the accidental deterioration or accidental loss of the goods.
Section 5 Right of revocation - cancellation policy
Right of revocation
Consumers have the right to revoke this contract within 14 days without stating any reasons. The revocation period is 14 days starting from the day on which you or a third party named by you, who is not the carrier, have and/or has taken possession of the goods.
In the case of a contract for several goods that are ordered as part of a single order but delivered separately, the fourteen-day revocation period starts from the day on which you or a third party named by you, who is not the carrier, have or has taken possession of the final delivery of goods.
To exercise your right of revocation, you must:
(Here is the address of the vendor)
inform us in writing, by means of an unambiguous declaration (for example, by post, by fax or by email) of your decision to revoke the contract concluded by you with ConVest Cases.
It is up to you whether you wish to use the revocation form we have prepared (link to PDF).
After the receipt of your revocation, we will send you a confirmation immediately (for example, by email).
The revocation period shall be considered to have been observed if you send us the written declaration on the exercising of your right of revocation before the expiry of the revocation period.
Consequences of revocation
If you revoke this contract, we must refund all the payments that 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 of the day on which we received notification of your revocation of this contract. We will use the same method of payment to issue you with this refund that you used for the original transaction, unless expressly agreed otherwise with you. We will not charge you any fees in the course of this refund.
As long as we have not received the goods back from you, or until you have provided proof that you have sent the goods back to us, we are able to refuse the refund.
You must return or hand the goods over to us immediately, and in all cases, no later than fourteen days from the day on which you notified us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the fourteen day period.
You must cover the costs of the return of the goods.
In the case of a loss of value of the goods, you only have to pay compensation if the loss of value is due to a handling of the goods which was not necessary for assessing the condition, the properties or the functioning of the goods.
Grounds for exclusion and/or expiry of the right of revocation
Your right of revocation is excluded if the contract which you conclude with ConVest Cases GmbH:
- constitutes a delivery of goods which is not prefabricated and for whose production an individual selection or determination by the consumer is relevant, or which are clearly tailored to your personal needs of the consumer,
- constitutes a delivery of goods which, after delivery, are inseparably mixed with other goods due to their nature
- constitutes a delivery of audio or video recordings or computer software in a sealed package, and this seal was removed after the delivery.
End of the revocation instruction
Section 6 Liability for defects
(1) In the event of a defect, the User shall be liable in accordance with the statutory provisions.
(2) The User provides no guarantees in the legal sense, this applies without exception to all goods and services.
Section 7 Liability for damages
(1) The User shall be liable for infringement of contractual obligations and in tort for intent and gross negligence, unless the infringement relates to the statutory interests of the life, limb or health of the Customer, or liability according to the German Product Liability Act, in which case liability shall exist irrespectively of the degree of fault.
(2) The aforementioned exclusion of liability of the User for slight negligence shall also apply to his or her vicarious agents.
Section 8 Retention of title
(1) The User retains ownership of the goods until the purchase price has been paid in full.
Section 9 Limitation of own claims
The User’s claims for payment are subject to a limitation period of three years in accordance with Section 195, BGB [German Civil Code]. With regard to the beginning of the limitation period, the statutory provision of Section 199, BGB shall apply.
Section 10 Data protection
The security of the Customer’s data is of particular concern to the User.
Section 11 Copyright
The contents and works created by the User on the pages of the online shop are subject to German copyright law.
The duplication, editing, distribution, or any form of commercial use beyond the scope of copyright law shall require the prior written consent of its respective author or creator.
Downloads and copies of these pages are only permitted for private, non-commercial use. Insofar as the content on these pages was not created by the User, the copyrights of third parties are complied with. In particular, third-party content is identified as such. Should you nevertheless become aware of an infringement of copyright, please inform us accordingly. If we become aware of any infringements, we will remove such content immediately.
Section 12 Contents and links
The contents of the pages of the online shop of the User have been compiled with great care. However, the User cannot assume any liability for the accuracy, topicality or completeness of the contents.
According to the German Telemedia Act, the User is responsible for its own content on the pages of the online shop in accordance with the general legislation. The User is not obliged to monitor transmitted or stored third-party information, however, or to investigate any circumstances that may indicate illegal activity.
Obligations to remove or block the use of information according to the general legislation remain unaffected. However, liability in this regard is only possible from the time at which the knowledge of a specific infringement was gained. If we become aware of any such infringements, we shall remove the relevant content immediately.
The offering of the User contains links to external websites of third parties, over whose contents we have no influence.
The User is not able to assume any liability for these external contents. The respective provider or operator of the pages is consistently responsible for the contents of the linked pages.
The linked pages were checked for possible legal infringements at the time of the linking. No illegal contents were determined at the time of the linking. However, making continuous checks to the contents of the linked pages is not reasonable without specific evidence of a legal infringement. The User will remove such links immediately upon becoming aware of any legal infringements.
Section 13 Formal requirement of declarations
Legally relevant declarations and notifications that the Customer has to make to the User or a third party are subject to text form.
14 Settlement of disputes
The EU Commission has set up a platform (known as the ODR platform) for the settlement of disputes in online commerce between consumers and retailers.
The User shall not participate in a dispute resolution procedure before a consumer arbitration board.
The platform, as well as further information, is available under the following link:
Section 15 Choice of law - place of jurisdiction
(1) The laws of the Federal Republic of Germany shall apply exclusively, unless the Customer is a consumer and specialist consumer protection regulations in his or her home country are more favourable for him or her (Art. 6, Regulation (EC) No. 593/2008).
(2) If the Customer does not have a general place of jurisdiction in Germany or in another EU member state, the exclusive place of jurisdiction for all disputes arising from these General Terms and Conditions and/or delivery contracts shall be the registered office of the User:
ConVest Cases GmbH
Herforder Str. 194-200