Terms Of Service

Scope
Conclusion of Contract
Right of Withdrawal
Prices and Payment Terms
Delivery and Shipping Terms
Reservation of Title
Liability for Defects (Warranty)
Limitation of Liability
Redeeming Promotional Vouchers
Redeeming Gift Vouchers
Governing Law
Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter „GTC“) of Cache & Carrie Limited (hereinafter „Seller“) apply to all contracts for the supply of goods that a consumer or entrepreneur (hereinafter „Customer“) concludes with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby contradicted, unless otherwise agreed.

1.2 For contracts for the supply of vouchers, these GTC apply accordingly, unless otherwise specified in this regard.

1.3 For the purpose of these GTC, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed professional in nature.

1.4 For the purpose of these GTC, an entrepreneur is a natural or legal person or a legally capable partnership who, when entering into a legal transaction, acts in the exercise of their commercial or self-employed professional activity.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers from the Seller, but serve to enable the Customer to submit a binding offer.

2.2 The Customer can submit the offer via the online order form integrated into the Seller’s online shop. After placing the selected goods in the virtual shopping cart and completing the electronic order process, the Customer submits a legally binding offer for the goods in the shopping cart by clicking the button that completes the order process.

2.3 The Seller can accept the Customer’s offer within five days by:

by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the Customer is decisive in this regard, or
by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive in this regard, or
by requesting payment from the Customer after they have submitted their order.

If several of the aforementioned alternatives occur, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the Customer and ends at the close of the fifth day following the sending of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the Customer is no longer bound by their declaration of intent.

2.4 If the Customer selects a payment method offered by PayPal, 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 (hereinafter: „PayPal“), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full or - if the Customer does not have a PayPal account - subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the Customer pays using a payment method offered by PayPal that can be selected in the online order process, the Seller hereby declares its acceptance of the Customer’s offer at the time the Customer clicks the button that completes the order process.

2.5 If the Customer selects the payment method „Amazon Payments“, payment processing is carried out by the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: „Amazon“), subject to the Amazon Payments Europe Terms of Use, available at https://pay.amazon.de/help/201751590. If the Customer selects „Amazon Payments“ as the payment method in the online order process, they simultaneously submit a payment instruction to Amazon by clicking the button that completes the order process. In this case, the Seller hereby declares its acceptance of the Customer’s offer at the time the Customer triggers the payment process by clicking the button that completes the order process.

2.6 When submitting an offer via the Seller’s online order form, the contract text is stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. email, fax or letter) after the Customer has submitted their order. The Seller will not make the contract text available beyond this.

2.7 Before submitting the binding order via the Seller’s online order form, the Customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical tool for better recognizing input errors can be the browser’s zoom function, which enlarges the display on the screen. The Customer can correct their entries during the electronic order process using the usual keyboard and mouse functions until they click the button that completes the order process.

2.8 German language is available for the conclusion of the contract.

2.9 Order processing and communication typically take place via email and automated order processing. The Customer must ensure that the email address they provided for order processing is correct so that the Seller’s emails can be received at this address. In particular, when using spam filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller for order processing can be delivered.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller’s withdrawal policy.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller’s product description, the stated prices are total prices that include the statutory value-added tax. Any additional delivery and shipping costs that may apply are stated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases that the Seller is not responsible for and that must be borne by the Customer. These include, for example, costs for money transfer by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also arise in relation to the money transfer even if the delivery is not to a country outside the European Union, but the Customer makes the payment from a country outside the European Union.

4.3 The payment option(s) will be communicated to the Customer in the Seller’s online shop.

4.4 If the Customer selects a payment method offered via the payment service „PayPal“, payment processing is carried out by PayPal, which may also use the services of third-party payment service providers for this purpose. If the Seller also offers payment methods via PayPal for which it assumes advance payment to the Customer (e.g. invoice purchase or installment payment), it assigns its payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the Customer. Before accepting the Seller’s assignment declaration, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the transmitted customer data. The Seller reserves the right to refuse the selected payment method to the Customer in the event of a negative credit check result. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or intervals. In this case, they may only make payment to PayPal or the payment service provider commissioned by PayPal with effect from discharge from debt. However, even in the event of an assignment of claims, the Seller remains responsible for general customer inquiries, e.g. regarding the goods, delivery time, shipping, returns, complaints, withdrawal declarations and returns, or credits.

4.5 If the Customer selects the payment method „Sofortüberweisung“, payment processing is carried out by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter „Klarna“). To be able to pay the invoice amount via „Sofortüberweisung“, the Customer must have an online banking account that is activated for participation in „Sofortüberweisung“, authenticate themselves during the payment process and confirm the payment instruction. The payment transaction is then carried out immediately by Klarna and the Customer’s bank account is debited. The Customer can retrieve more information on the „Sofortüberweisung“ payment method online at https://www.klarna.com/sofort/.

4.6 If the Customer selects a payment method offered via the payment service „Shopify Payments“, payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter „Stripe“). The individual payment methods offered via Shopify Payments are communicated to the Customer in the Seller’s online shop. To process payments, Stripe may use other payment services, for which special payment conditions may apply, to which the Customer may be separately pointed out. More information on „Shopify Payments“ is available online at https://www.shopify.com/legal/terms-payments-de.

4.7 If the Customer selects a payment method offered via the payment service „Klarna“, payment processing is carried out by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter „Klarna“). Further information as well as Klarna’s terms and conditions for this purpose can be viewed here:

https://amdor.de/pages/zahlungsinformationen

5) Delivery and Shipping Terms

5.1 If the Seller offers shipping of the goods, delivery takes place within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. The delivery address specified in the Seller’s order processing is decisive for processing the transaction. By way of deviation, when selecting the PayPal payment method, the delivery address stored by the Customer with PayPal at the time of payment is decisive.

5.2 If the delivery of the goods fails for reasons attributable to the Customer, the Customer bears the reasonable costs incurred by the Seller as a result. This does not apply to the costs of initial shipment if the Customer effectively exercises their right of withdrawal. For return shipping costs, when the Customer effectively exercises their right of withdrawal, the regulation made in the Seller’s withdrawal policy applies.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has handed the goods over to the freight forwarder, carrier or other person or institution designated for the purpose of shipping. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes to the Customer only upon handover of the goods to the Customer or a person entitled to accept delivery. By way of deviation, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer for consumers as soon as the Seller has handed the goods over to the freight forwarder, carrier or other person or institution designated for the purpose of shipping, if the Customer has commissioned the freight forwarder, carrier or other person or institution designated for the purpose of shipping to carry out the shipment and the Seller has not previously named this person or institution to the Customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or inadequate self-supply. This applies only if the non-delivery is not attributable to the Seller and the Seller has concluded a specific cover transaction with the supplier with due care. The Seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the Customer will be informed immediately and the consideration will be refunded immediately.

5.5 Self-collection is not possible for logistical reasons.

5.6 Vouchers are provided to the Customer as follows:

- via email

6) Reservation of Title

If the Seller incurs costs in advance, it retains ownership of the delivered goods until the purchase price owed is paid in full.

7) Liability for Defects (Warranty)

Unless otherwise stated in the following regulations, the provisions of statutory liability for defects apply. Deviating from this, the following applies to contracts for the supply of goods:

7.1 If the Customer acts as an entrepreneur,

the Seller has the choice of the type of subsequent performance;
for new goods, the limitation period for defect claims is one year from delivery of the goods;
for used goods, defect claims are excluded;
the limitation period does not restart if a replacement delivery is made within the framework of liability for defects.

7.2 The aforementioned liability restrictions and period reductions do not apply

to the Customer’s claims for damages and reimbursement of expenses,
if the Seller fraudulently concealed the defect,
for goods that have been used in accordance with their usual purpose for a building and have caused its defectiveness,
to any existing obligation of the Seller to provide updates for digital products, in contracts for the supply of goods with digital elements.

7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claim remain unaffected.

7.4 If the Customer acts as a merchant within the meaning of § 1 HGB (German Commercial Code), they are subject to the examination and notification obligation under § 377 HGB. If the Customer fails to comply with the notification obligations set out there, the goods are deemed approved.

7.5 If the Customer acts as a consumer, they are requested to notify the carrier of obvious transport damage upon delivery of the goods and to inform the Seller thereof. If the Customer fails to do so, this has no effect on their statutory or contractual defect claims.

8) Limitation of Liability

The Seller shall be liable to the Customer for all contractual, quasi-contractual and statutory claims, including tortious claims, for damages and reimbursement of expenses as follows:

8.1 The Seller shall be liable without limitation for every legal basis

in the case of intent or gross negligence,
in the case of intentional or negligent infringement of life, limb or health,
pursuant to a warranty promise, unless otherwise specified in this regard,
pursuant to mandatory liability such as under the Product Liability Act.

8.2 If the Seller negligently breaches a material contractual obligation, liability is limited to the typical, foreseeable damage of the contract, unless unlimited liability applies pursuant to the preceding clause. Material contractual obligations are obligations that the contract imposes on the Seller by its nature to achieve the purpose of the contract, the fulfillment of which is essential for the proper execution of the contract at all and on the fulfillment of which the Customer may regularly rely.

8.3 In all other respects, liability of the Seller is excluded.

8.4 The foregoing liability regulations also apply with regard to the Seller’s liability for its vicarious agents and legal representatives.

9) Redeeming Promotional Vouchers

9.1 Vouchers that are issued free of charge by the Seller as part of promotional campaigns with a specific validity period and that cannot be purchased by the Customer (hereinafter „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 promotional voucher campaign if a corresponding restriction results from the content of the promotional voucher.

9.3 Promotional Vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

9.4 Several Promotional Vouchers can be redeemed in one order.

9.5 The goods value must correspond to at least the amount of the Promotional Voucher. Any remaining balance is not 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 can be selected to settle the difference.

9.7 The balance of a Promotional Voucher is neither paid out in cash nor does it accrue interest.

9.8 The Promotional Voucher is not refunded if the Customer returns the goods paid for in whole or in part with the Promotional Voucher within the framework of their statutory right of withdrawal.

9.9 The Promotional Voucher is transferable. The Seller may render performance to the respective holder who redeems the Promotional Voucher in the Seller’s online shop with effect from discharge from debt. This does not apply if the Seller has knowledge or grossly negligent ignorance of the lack of authorization, legal incapacity or lack of representation authority of the respective holder.

10) Redeeming Gift Vouchers

10.1 Vouchers that can be purchased via the Seller’s online shop (hereinafter „Gift Vouchers“) can only be redeemed in the Seller’s online shop, unless otherwise stated on the voucher.

10.2 Gift Vouchers and remaining balances of Gift Vouchers are redeemable until the end of the third year after the year of voucher purchase. Remaining balances are credited to the Customer until the expiration date.

10.3 Gift Vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

10.4 Several Gift Vouchers can be redeemed in one order.

10.5 Gift Vouchers can only be used to purchase goods and not to purchase additional Gift Vouchers.

10.6 If the value of the Gift Voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be selected to settle the difference.

10.7 The balance of a Gift Voucher is neither paid out in cash nor does it accrue interest.

10.8 The Gift Voucher is transferable. The Seller may render performance to the respective holder who redeems the Gift Voucher in the Seller’s online shop with effect from discharge from debt. This does not apply if the Seller has knowledge or grossly negligent ignorance of the lack of authorization, legal incapacity or lack of representation authority of the respective holder.

11) Governing Law

All legal relationships between the parties are subject to the law of Hong Kong, excluding the laws relating to the international sale of goods. For consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.