General Terms and Conditions for End Customers
1. Conclusion of contract
- The presentation of the products in our online store does not constitute a legally binding offer, but a non-binding catalog of the products and services offered by us (the “goods”). When you place an order, you are making us an offer to conclude a corresponding contract. You are bound by your offer for a period of two working days at our registered office. We can declare acceptance of your offer within this period.
- Our offer is subject to self-supply. If the ordered goods are not available for reasons that were not foreseeable for us when the contract was concluded and we are not supplied by a supplier through no fault of our own, we have the right to withdraw from the contract. In this case, we will inform you immediately that delivery is not possible and reimburse you immediately for any purchase price already paid. This right only applies to consumers within the meaning of Section 13 of the German Civil Code (BGB) if we have concluded a specific covering transaction for the execution of the contract and the supplier unexpectedly fails to deliver through no fault of our own.
- The customer's general terms and conditions shall not become part of the contract unless their validity is expressly agreed.
2. Deliveries abroad
- We deliver products to be provided in physical form only to delivery addresses in Germany, Austria and Switzerland. For customers in other countries, we offer self- collection in Berlin.
3. Contract language, storage of the contract text and correction of entered data
- The contract language is German.
- With our order confirmation or, at our discretion, with the delivery of the goods, we will send the text of the contract on a permanent data carrier (e-mail or paper printout).
- Data entered during the ordering process can be corrected before sending the order using the browser's back button. It is also possible to make corrections if this is indicated on the respective page of our store.
4. SaaS products
- SaaS products are products that provide the temporary right to use software via the Internet or by means of an app.
- For SaaS products, you do not acquire any direct rights of use from CopeCart, but CopeCart only transfers to you the right to demand the transfer of the corresponding rights of use from the specified manufacturer without separate remuneration. The SaaS product is provided by the manufacturer.
- CopeCart shall not become a contractual partner with regard to the specific use of the SaaS Product. Any claims relating to the SaaS product must therefore be asserted directly against the manufacturer, who becomes your contractual partner in this respect.
5. Tickets
- In the case of sales of admission tickets, CopeCart GmbH does not act as the organizer of the eventu in question, but as a commission agent of the respective organizer, which concludes a contract with the customer for the purchase of rights within the meaning of Section 453 (1) BGB. The object of purchase is the right to participate in the event to be held by the organizer, which is “embodied” in the admission ticket and is transferred to the customer by its transfer of ownership. CopeCart GmbH transfers the right to participate in the event in question by electronically sending a file to the Customer by means of which the “admission ticket” can be generated. With this transfer of the right to participate, CopeCart GmbH has completely fulfilled its obligation under the contract of sale with the Customer. CopeCart GmbH shall not be liable for damages or compensation for pain and suffering due to violations of legal interests that occur during the event, nor shall it be liable in the event that the event is subsequently canceled.
6. Partial deliveries
- Several items has been concluded and it is possible and reasonable for you to use the items individually in accordance with their intended use under the circumstances recognizable when the contract was concluded. Additional costs for shipping will not be charged in this respect.
7. Charges, payment in installments
- If the end customer falls into culpable arrears with a payment obligation despite our having already provided a service, such as an installment, and does not fully meet its obligations due at this time after six weeks of the due date despite a written reminder containing a grace period of at least 14 days and the announcement of termination of the contract without notice, the total due date (loss of due date) shall occur and the agreed installment payment may be terminated. All outstanding fees for the services provided by us shall become due immediately at this time. The due date for payment shall otherwise be governed by the statutory provisions.
8. Transfer of risk for deliveries to entrepreneurs
- If you are an entrepreneur according to § 14 BGB, the risk of accidental loss and accidental deterioration of the purchased goods shall pass upon delivery of the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment.
9. Warranty
- You are entitled to the statutory claims if you are a consumer within the meaning of § 13 BGB.
- If you are an entrepreneur within the meaning of § 14 BGB, the choice of subsequent performance is incumbent on us, taking into account the statutory limits. The limitation period for warranty claims is one year. This period shall not apply to liability for damages due to defects; in this respect, the provisions on liability shall apply. For claims for damages based on a refused supplementary performance, the statutory limitation periods shall only apply if the supplementary performance has been requested within the period for claims for defects, which has been shortened to one yeas.
10. Liability
- Our liability is unlimited in the case of intent and gross negligence.
- With regard to slight negligence, we shall only be liable if essential contractual obligations (cardinal obligations) are breached. Essential contractual obligations are those whose fulfillment is essential for the proper execution of the contract and on whose compliance the injured party may regularly rely (usually the provision / shipment of the product). We shall be liable, limited to compensation for damages foreseeable at the time of conclusion of the contract and typical for the contract, for such damages which are based on a slightly negligent breach of essential contractual obligations by us or one of our legal representatives or vicarious agents. We shall not be liable for slightly negligent breaches of secondary obligations that are not material contractual obligations.
- The limitations of liability do not apply to personal injury. Our liability for personal injury therefore remains unaffected.
11. Reservation of title
- The delivered goods remain our property until final and complete payment of the invoice.
12. Cancellation policy for the purchase of digital content for consumers
Right of withdrawal
- You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of conclusion of the contract.
- To exercise your right of withdrawal, you must inform CopeCart GmbH, Rosenstraße 2, 10178 Berlin, phone: + 49 30 88789294, e-mail: support-eu@copecart.com, of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.
- To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal
- If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw 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; under no circumstances will you be charged any fees for this repayment.
Expiry of the right of withdrawal
- The right of withdrawal expires in the case of a contract for the delivery of digital content that is not on a physical data carrier if we have started to execute the contract after you have expressly agreed that we will start to execute the contract before the expiry of the withdrawal period and have confirmed your knowledge that you lose your right of withdrawal by giving your consent at the beginning of the execution of the contract.
13. Cancellation Policy for the Purchase of Deliverable Goods for Consumers
Right of Withdrawal
- You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of the conclusion of the contract.
- To exercise your right of withdrawal, you must inform us, CopeCart GmbH, Rosenstraße 2, 10178 Berlin, Phone: +49 30 88789294, Email: support-eu@copecart.com, of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post or email). You may use the attached sample withdrawal form, but it is not mandatory
- To meet the withdrawal deadline, it is sufficient for you to send the communication regarding the exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of Withdrawal
- If you withdraw from this contract, we will refund you all payments we have received from you, including delivery costs (except for the additional costs arising from your choice of a type of delivery other than the least expensive 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 refund, we will use the same payment method that you used for the original transaction, unless you have expressly agreed otherwise; in no case will you be charged any fees for this refund.
14. Revocation instruction for services for consumers
Right of withdrawal
- You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of conclusion of the contract.
- To exercise the right to cancel, you must inform CopeCart GmbH, Rosenstraße 2, 10178 Berlin, phone: + 49 30 88789294, e-mail: support-eu@copecart.com, of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.
- To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal
- If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw 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 any fees for this repayment.
- If you have requested that the services should commence during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided by the time you inform us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.
15. Revocation instruction for contracts with free installment payment with consumers
Right of withdrawal
- If you as a consumer (borrower) have concluded a free installment payment agreement with us, you have the following right of revocation: The borrower can revoke his contractual declaration within 14 days without giving reasons. The period begins after conclusion of the contract, but only after the borrower has received this revocation instruction on a durable medium. Timely dispatch of the revocation is sufficient to comply with the revocation period if the declaration is made on a durable medium (e.g. letter or e-mail). The revocation must be sent to: CopeCart GmbH, Rosenstraße 2, 10178 Berlin, phone: + 49 30 88789294, e-mail: support-eu@copecart.com.
- Special features for other contracts.
- If the borrower revokes this loan agreement, he is also no longer bound by the contract for the purchase of digital content or the contract for the purchase of services (hereinafter: linked contract).
- If the borrower has a right of revocation in relation to the linked contract, he is no longer bound by the loan agreement once he has effectively revoked the linked contract. The legal consequences of revocation are governed by the provisions of the linked contract and the revocation instructions issued for this purpose.
Consequences of revocation
- If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw 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; under no circumstances will you be charged any fees for this repayment. You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
- 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 handling of the goods that is not necessary for checking their condition, properties and functionality.
Expiry of the right of withdrawal
- The right of withdrawal expires in the case of a contract for the delivery of digital content that is not on a physical data carrier if we have started to execute the contract after you have expressly agreed that we start to execute the contract before the end of the withdrawal period and have confirmed your knowledge that you lose your right of withdrawal by agreeing to the start of the execution of the contract.
16. No right of withdrawal for admission tickets
- There is no statutory right of withdrawal for the purchase of admission tickets in accordance with Section 312 g (2) sentence 1 no. 9 BGB.
17. Sample withdrawal form
- (If you wish to cancel the contract, please complete this form and return it to us).
To
CopeCart GmbH
Rosenstraße 2, 10178 Berlin
Phone: +49 30 88789294
E-mail: support-eu@copecart.com- I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only for notification on paper)
- Date(*)
18. Out-of-court dispute resolution
- The EU Commission has provided a platform for out-of-court dispute resolution at https://ec.europa.eu/consumers/odr/.
- We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
19. Applicable law and place of jurisdiction
- The following applies to consumers within the meaning of § 13 BGB: The contract is subject solely to the law of the Federal Republic of Germany. Mandatory statutory provisions applicable at the place of residence of the user who is a consumer shall remain unaffected. If the user 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 this contract shall be our registered office.
- The following applies to entrepreneurs within the meaning of § 14 BGB: The contract is subject solely to the law of the Federal Republic of Germany. Private international law shall not apply insofar as it can be excluded. The sole place of jurisdiction for all disputes in connection with this agreement is our registered office. We are also entitled to assert claims against our contractual partner at one of its statutory places of jurisdiction.
20. Severability clause
- Should individual provisions of this contract be invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, this shall not affect the validity of the remainder of the contract, insofar as this is legally permissible. If it is not legally possible to maintain the contract without the clause and if the total loss of the contract is disadvantageous for the end customer, dispositive law shall apply. The situation is different, however, if the total termination of the contract is in the interests of the end customer.