TERMS AND CONDITIONS

**General Terms and Conditions and Consumer Information**

**in the context of purchase contracts concluded via the web shop between CAPA Trailer Protection – hereinafter referred to as “Provider” – and the customer – hereinafter referred to as “Customer”.**

§ 1 Scope and General Information

(1) Subject to individual agreements and arrangements that take precedence over these General Terms and Conditions (GTC), the following GTC in their version valid at the time of the order exclusively apply to the business relationship between the Provider and the Customer. Contradictory conditions of the Customer are expressly not applicable unless the Provider expressly agrees to their applicability in writing.

(2) The Customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be attributed to their commercial or independent professional activity. Conversely, an entrepreneur is any natural or legal person or legally capable partnership that acts in the exercise of their commercial or independent professional activity when concluding the contract.

§ 2 Conclusion of Contract

(1) The product presentations in the online shop serve to submit a purchase offer. By clicking the button [Buy / order with payment obligation], you submit a binding purchase offer. The sale of our products is only for private use in household quantities.

(2) The presentation of the products in the online shop does not constitute a legally binding offer but an invitation to order. By clicking the “Buy” / “order with payment obligation” button, you place a binding order for the goods contained in the shopping cart. The confirmation of receipt of your order takes place together with the acceptance of the order immediately after sending it by automated email. With this email confirmation, the purchase contract has been concluded.

(3) If our order confirmation contains typographical or printing errors or if our price determination is based on transmission errors due to technical issues, we are entitled to contest, whereby we must prove our error to you. Any payments already made will be refunded immediately.

(4) We store the contract text and send you the order data and our GTC by email. You can view your past orders in our customer login area.

§ 3 Contract Subject, Quality, Delivery, Goods Availability

(1) The subject of the contract is the goods and services specified by the customer in the context of the order and named in the order and/or order confirmation at the final prices listed in the web shop. Errors and omissions are excepted, especially with regard to the availability of the goods.

(2) The quality of the ordered goods results from the product descriptions in the web shop. The images on the website may only inaccurately represent the products; especially colors may differ significantly for technical reasons. Images serve as illustrative material and may deviate from the product. Technical data, weight, measurement, and performance descriptions are provided as precisely as possible but may show the usual deviations. The properties described here do not represent defects of the products delivered by the Provider.

(3) If no copies of the product selected by the Customer are available at the time of the order, the Provider shall notify the Customer of this in the order confirmation. If the product is permanently unavailable, the Provider will refrain from a declaration of acceptance. In this case, a contract does not come into existence.

(4) If the product designated by the Customer in the order is only temporarily unavailable, the Provider shall also notify the Customer immediately in the order confirmation. In the event of a delivery delay of more than two weeks, the Customer has the right to withdraw from the contract. In addition, in this case, the Provider is also entitled to withdraw from the contract. Any payments already made by the Customer will be refunded immediately.

§ 4 Retention of Title

The delivered goods remain the property of the Provider until full payment has been made.

§ 5 Delivery, Prices, Shipping Costs

(1) Delivery (handover to the shipping company) takes place immediately after the order confirmation is sent.

(2) All prices stated on the Provider’s website include the respective statutory VAT.

(3) If goods are lost or damaged during transport, we bear the risk in online trading with consumers because the standard regulation of § 447 BGB (risk transfer upon handover to the transport company) does not apply according to § 474 paragraph 2 BGB for orders from consumers. In consumer goods purchases (§ 474 BGB), we bear the risk of loss or damage of the goods on the transport route until delivery to the consumer. We also bear the risk for returns within the framework of the remote purchase right of withdrawal or return (§ 357 paragraph 2 sentence 2 BGB).

Further information about our shipping costs can be found here.

§ 6 Payment Methods, Offsetting, and Retention Right

(1) A customary invoice will be enclosed with your product. You can conveniently pay this within 14 days by bank transfer after receiving the goods. You also have the option to pay for your ordered products with a single click via your PayPal or Amazon account.

(2) Payment of the purchase price is due 14 days after receipt of the goods. This period begins with the delivery of the ordered products. If the Customer is in default of payment by missing the deadline, they shall pay the Provider default interest of 5 percentage points above the base interest rate.

(3) The obligation of the Customer to pay default interest does not exclude the assertion of further default damages by the Provider.

(4) The Customer can only offset claims that are legally established, undisputed, or acknowledged by the Provider in writing. The Customer can only exercise a right of retention if the claims underlying it arise from the same contractual relationship.

§ 7 Warranty for Material Defects, Guarantee

(1) The Provider is liable for material defects according to the applicable statutory provisions, particularly §§ 434 ff BGB.

(2) A guarantee exists for the goods delivered by the Provider only if this has been expressly stated in the order confirmation for the respective article.

§ 8 Liability

(1) Customer claims for damages are excluded. Exempted from this are damage claims of the Customer arising from injury to life, body, health, or from the breach of essential contractual obligations (cardinal obligations), as well as liability for other damages based on an intentional or grossly negligent breach of duty by the Provider, its legal representatives, or vicarious agents.

(2) For the breach of essential contractual obligations as defined in paragraph 1, the Provider is only liable for the typical, foreseeable damage if it was caused by simple negligence unless it concerns damage claims of the Customer arising from injury to life, body, or health.

(3) Essential contractual obligations as defined in paragraph 1 are those whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the Customer regularly relies.

(4) The limitations of paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of the Provider if claims are asserted directly against them.

(5) The provisions of the Product Liability Act remain unaffected.

§ 9 Right of Withdrawal of the Consumer

(1) If the Customer is a consumer and has concluded a contract with the Provider exclusively using remote communication means, especially by telephone, email, fax, or via the Provider’s website, they have the right of withdrawal described below.

(2) The Customer must bear the regular costs of the return if the delivered goods correspond to the ordered ones and if the price of the returned item does not exceed 40 euros or if the Customer has not yet provided the consideration or a contractually agreed partial payment at a higher price of the item at the time of the withdrawal.

Right of Withdrawal

You can revoke your contractual declaration within 14 days without stating reasons in text form (e.g., letter, fax, email) or – if the item is left to you before the deadline – also by returning the item. The period begins after receipt of this instruction in text form, but not before the receipt of the goods by the recipient (in the case of recurring delivery of similar goods, not before the receipt of the first partial delivery) and not before fulfilling our information obligations according to Article 246 § 2 in connection with § 1 paragraphs 1 and 2 EGBGB as well as our obligations according to § 312g paragraph 1 sentence 1 BGB in connection with Article 246 § 3 EGBGB. To meet the withdrawal deadline, it is sufficient to send the withdrawal or the item in time. The withdrawal is to be addressed to:

Thomas Gebing
CAPA trailer protection GmbH
Gutshof Schulze Siehoff
Ellewick 24
D-48691 Vreden

Fax: 02564 3953 97
Email: gebing@capa-shop.de

Withdrawal Consequences

In the event of an effective withdrawal, the mutually received benefits are to be returned, and any derived benefits (e.g., interest) are to be surrendered. If you cannot return or surrender the received performance and benefits (e.g., use advantages) or only partially or in a deteriorated condition, you must compensate us for the value. You must pay compensation for the deterioration of the item and for derived benefits only insofar as the use or deterioration is due to handling the item that goes beyond the examination of the properties and functioning. “Examination of properties and functioning” means testing and trying out the respective goods as it is possible and usual in a retail store. Items that can be sent by parcel are to be returned at our risk. You have to bear the regular costs of the return if the delivered goods correspond to the ordered ones and if the price of the item to be returned does not exceed 40 euros

or if you have not yet provided the consideration or a contractually agreed partial payment at a higher price of the item at the time of the withdrawal. Otherwise, the return is free for you. Items that cannot be sent by parcel will be picked up from you. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your withdrawal declaration or the item, for us with their receipt.

End of the withdrawal instruction

§ 10 Cost Agreement

If you make use of your right of withdrawal, you have to bear the regular costs of the return if the delivered goods correspond to the ordered ones and if the price of the item to be returned does not exceed 40 euros or if you have not yet provided the consideration or a contractually agreed partial payment at a higher price of the item at the time of the withdrawal. Otherwise, the return is free for you. Items that cannot be sent by parcel will be picked up from you. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your withdrawal declaration or the item, for us with their receipt.

§ 11 Final Provisions

(1) Contracts between the Provider and the Customer are subject to the law of the Federal Republic of Germany, excluding the UN Sales Convention.

(2) If the Customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Provider is the Provider’s registered office.

(3) The contract remains binding in its remaining parts even if individual points are legally invalid.