Free delivery to Germany
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Caircon Baustoffe GmbH) via the
website caircon.de/. Unless otherwise agreed, the inclusion of any own terms and conditions used by you is objected to.
(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that
predominantly cannot be attributed either to their commercial activity or to their self-employed professional activity. An entrepreneur is any
natural or legal person or a partnership with legal capacity that, when concluding a legal transaction, acts in the exercise of its
self-employed professional or commercial activity.
§ 2 Conclusion of the Contract
(1) The subject matter of the contract is the sale of goods.
(2) By placing the respective product on our website, we submit to you a binding offer to
conclude a contract via the online shopping cart system under the conditions stated in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After clicking the button "Checkout" or "Continue to order" (or a similar designation) and entering your personal data
as well as the payment and shipping conditions, the order data will finally be displayed to you as an order overview.
If you use an instant payment system as the payment method (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort), you will either be
taken to the order overview page in our online shop or redirected to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, you will make the corresponding selection or enter your data there.
Finally, the order data will be displayed to you as an order overview on the website of the provider of the instant payment system or after you have been redirected back to our online shop.
Before submitting the order, you have the option of checking the details in the order overview again, changing them (also using
the "back" function of the internet browser) or cancelling the order.
By submitting the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order subject to charge", "pay" / "pay now" or similar designation), you declare legally binding acceptance of the offer, whereby the
contract is concluded.
(4) Your requests for the preparation of an offer are non-binding for you. We will submit to you a binding offer in
text form (e.g. by email), which you may accept within 5 days (unless a different period is stated in the respective offer).
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out partly automatically by
email. You must therefore ensure that the email address you have provided to us is correct, that receipt of the
emails is technically ensured and, in particular, is not prevented by spam filters.
§ 3 Special Agreements on Offered Payment Methods
(1) Payment via "PayPal" / "PayPal Checkout"
If you select a payment method offered via "PayPal" / "PayPal Checkout", payment processing is carried out by the
payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual
payment methods via "PayPal" are displayed to you under a correspondingly labelled button on our website and in the online
ordering process. For payment processing, "PayPal" may use further payment services; where special
payment terms apply for this, you will be informed of these separately. Further information on "PayPal" can be found at
https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
(2) Payment via "Shopify Payments"
If you select a payment method offered via "Shopify Payments", the Shopify Payments service of Shopify International Limited (2nd Floor
Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland), payment processing is carried out by the
payment service provider Stripe Payments Europe, Ltd. (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland; "Stripe"). The individual
payment methods via Shopify Payments are displayed to you under a correspondingly labelled button on our website and
in the online ordering process. For payment processing, Stripe may use further payment services; where
special payment terms apply for this, you will be informed of these separately. Further information on Shopify Payments can be found
at https://www.shopify.com/de/legal/terms-payments/de.
§ 4 Right of Retention, Retention of Title
(1) You may exercise a right of retention only insofar as it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following also applies:
a) We retain ownership of the goods until all claims arising from the ongoing business relationship have been settled in full.
Before ownership of the reserved goods passes, pledging or transfer by way of security is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the
invoice amount arising to you from the resale, and we accept the assignment. You remain authorised to collect
the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the
claim ourselves.
c) In the event of combination and mixing of the reserved goods, we acquire co-ownership of the new item in proportion to the invoice value
of the reserved goods to the other processed items at the time of processing.
d) We undertake, at your request, to release the securities to which we are entitled to the extent that the realisable value of our
securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is at our discretion.
§ 5 Warranty
(1) The statutory rights for liability for defects apply.
(2) As a consumer, you are requested to check the goods upon delivery immediately for completeness, obvious defects and transport damage
and to notify us and the carrier of complaints as quickly as possible. Failure to do so has no
effect on your statutory warranty claims.
(3) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed of
it by us before submitting the contractual declaration and the deviation was expressly and separately agreed between
the contracting parties.
(4) If you are an entrepreneur, the following applies in derogation from the preceding warranty provisions:
a) Only our own information and the manufacturer’s product description are deemed agreed as the quality of the goods, but not
other advertising, public promotions or statements by the manufacturer.
b) In the event of defects, we provide warranty at our discretion by rectification or replacement delivery. If remedy of the defect fails,
you may, at your discretion, demand a reduction in price or withdraw from the contract. Remedy of the defect is deemed to have failed after the second unsuccessful
attempt, unless something else results in particular from the nature of the goods or the defect or other circumstances. In the event of rectification, we do not have to bear the increased costs incurred by transporting the goods to
a place other than the place of performance, unless the transport corresponds to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The shortening of the period does not apply:- to culpably caused damage attributable to us arising from injury to life, body or health and in the case of other damage caused intentionally
or by gross negligence;- insofar as we fraudulently concealed the defect or assumed a guarantee for the quality of the item;- to items that have been used for a building in accordance with their customary use and have caused its defectiveness;- to statutory recourse claims that you have against us in connection with defect rights.
§ 6 Choice of Law, Place of Performance, Place of Jurisdiction
(1) German law applies. For consumers, this choice of law applies only insofar as it does not deprive them of the protection granted by mandatory provisions of the law
of the state of the consumer’s habitual residence (principle of favourability).
(2) The place of performance for all services arising from business relationships existing with us and the place of jurisdiction is our registered office, provided that you are not
a consumer but a merchant, legal person under public law or special fund under public law. The same applies
if you do not have a general place of jurisdiction in Germany or the EU or if your domicile or habitual residence is not known at the time
the action is brought. The authority to also bring proceedings before the court at another statutory place of jurisdiction remains unaffected.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
1. Identity of the Seller
Caircon Baustoffe GmbH
Lahnweg 5
35232 Dautphetal
Germany
Telephone: +4964617585131
Email: vertrieb@caircon.com
We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on the Conclusion of the Contract
The technical steps for concluding the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the
provisions "Conclusion of the Contract" in our General Terms and Conditions (Part I.).
3. Contract Language, Storage of the Contract Text
3.1. The contract language is German.
3.2. We do not store the complete contract text. Before submitting the order via the online shopping cart system, the
contract data can be printed out using the browser’s print function or saved electronically. After receipt of the order by us,
the order data, the legally required information for distance contracts and the General
Terms and Conditions will be sent to you again by email.
3.3. In the case of requests for offers outside the online shopping cart system, you will receive all contractual data as part of a binding
offer in text form, e.g. by email, which you can print out or save electronically.
4. Essential Characteristics of the Goods or Services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. Prices and Payment Terms
5.1. The prices stated in the respective offers and the shipping costs are total prices. They include all
price components, including all applicable taxes.
5.2. The shipping costs incurred are not included in the purchase price. They can be accessed via a correspondingly labelled button on our
website or in the respective offer, are shown separately during the order process and must be borne by you
in addition, unless free delivery has been promised.
5.3. Any costs incurred for money transfer (bank transfer or exchange rate fees charged by credit institutions) must be borne by you in cases
where delivery is made to an EU Member State but payment was initiated outside the European Union.
5.4. The payment methods available to you are shown under a correspondingly labelled button on our website
or in the respective offer.
5.5. Unless otherwise stated for the individual payment methods, payment claims arising from the concluded contract are due for
payment immediately.
6. Delivery Conditions
6.1. The delivery conditions, delivery date and any delivery restrictions can be found under a correspondingly
labelled button on our website or in the respective offer.
6.2. If you are a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the
sold item during shipment passes to you only upon handover of the goods, regardless of whether the shipment
is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or
another person designated to carry out the shipment.
If you are an entrepreneur, delivery and shipment are at your risk.
7. Statutory Liability for Defects
Liability for defects is governed by the provision "Warranty" in our General Terms and Conditions (Part I).
These General Terms and Conditions and customer information were created by the lawyers of Händlerbund specialised in IT law and are
continuously reviewed for legal conformity. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event
of warning notices. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service