GENERAL TERMS & CONDITIONS

You will find the legally required information in the sense of article 246a § 1 EGBGB in the following paragraphs:

 

Cancellation policy including sample cancellation form: § 4

Legal liability for defects: § 12 and § 13

Terms of payment: § 10

Terms of delivery: § 6

 

 

§ 1 Scope and business purpose

 

For all orders via our online shop the following AGBs apply. Our online shop is directed exclusively to consumers.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. Entrepreneur is a natural or legal person or a partnership with legal capacity, which acts in exercise of its commercial or independent professional activity when concluding a legal transaction.

 

The registration of a user account is only permitted for natural persons and partnerships as well as legal entities with unlimited legal capacity. Minors may not register. The registration of a legal entity may only be carried out by a natural person authorized to represent the legal entity, who must be named.

When filling out the registration application, true, accurate, current and complete information must be provided with respect to the data requested in the registration forms. In the event of incomplete registration of member accounts and in the event of untrustworthy or incorrect information, we reserve the right to refuse a member’s registration, to cancel it immediately or to delete the member account after a reasonable period of time.

Any disruption of our homepage or further use of your user account outside the use provided for in these terms and conditions is prohibited. In particular, manipulations with the aim of causing damage, impairing the use of our homepage completely or temporarily or obtaining unauthorized payments or other advantages to our disadvantage are prohibited. Violations will be prosecuted under both civil and criminal law.

In case of a violation or a concrete suspicion of such a violation, where there is a risk of damage, we are entitled to block your user account immediately.

We are not obliged to accept your registration or your order. We are not obliged to keep our homepage, your user account or our e-shop permanently available. Already confirmed contracts remain unaffected.

You can delete your user account at any time via customer service. Please note our explanations on data protection and the cookies we use.

 

 

§ 2 Terms of use

We are not obliged to accept the registration or the order of a registered customer. We are also not obliged to keep our offer permanently available. Already confirmed orders remain unaffected by this.

We do not offer registration for minors or other persons with limited legal capacity or incapacity. Furthermore, registration is only possible for natural persons. You are obligated to notify us immediately of any changes to information requested during registration the next time you use the respective domain.

If incomplete or untrue information is provided during registration or if you fail to notify us of changes, we can exclude you from using our domains with immediate effect. You are obliged to treat your personal access data confidentially and not to make them available to any unauthorized third party. Before each order we carry out a credit check to protect our interests.

 

§ 3 Conclusion of the contract

The presentation of the goods on our domains does not represent a binding offer of the provider to conclude a contract. Our offers are subject to change and non-binding. A contract is concluded by your order and our acceptance. A binding order for the goods contained in the shopping cart is placed by electronic transmission of the completed online order form in the Internet shop. You transmit the online order form after entering your personal data and the shipping and payment method by clicking the button “BUY NOW”.

We confirm the receipt of your order by sending a confirmation e-mail. This order confirmation does not yet represent the acceptance of the contract offer by us. It merely serves to inform the customer that the order has been received by us. The declaration of acceptance of the contract offer is made by means of an express declaration of acceptance, but at the latest upon delivery of the ordered goods. Upon acceptance of the contract, the consumer receives the entire text of the contract including the legally required information about the contract. You are bound to your order for two weeks – regardless of the right of withdrawal that exists for orders as a consumer. We are not obliged to accept online orders. The decision on this is at our free discretion. In principle, articles are only sold in quantities that are customary for households.

 

§ 4 Instruction about the right of withdrawal

You have the right to revoke this contract within fourteen days without giving reasons.

The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the last goods.

To exercise your right of withdrawal, you must

Cezantí Marcel Wolfangel 
Geschwister-Scholl-Str. 39
D-73732 Esslingen
Germany

e-mail: info@cezanti.com
Phone: +49 (0) 176 727 192 62

inform us by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to withdraw from this contract. You may use the attached sample revocation form, which is not mandatory.

In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.

Consequences of revocation

If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (except for the additional costs resulting from your choosing a different method of delivery from the cheapest standard delivery we offer), immediately and no later than fourteen days from the date on which we receive notification of your revocation of this Agreement. For this refund, 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 for this refund.

We may refuse to refund until we have received the goods or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us immediately and in any event no later than fourteen days from the date on which you notify us of the cancellation of this contract. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the period of fourteen days.

Please note that we cannot cover the costs of the return shipment. We ask you to pack the products securely so that no damage can occur during shipping.

You will have to pay for any loss of value of the goods if this loss of value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.

Sample cancellation form (click here).

(If you want to cancel the contract, please fill out this form and send it back)

By e-mail: info@cezanti.com

or to:

Cezantí Marcel Wolfangel 
Geschwister-Scholl-Str. 39
D-73732 Esslingen
Germany

 

§ 5 Information on the online ordering process

The language available for the conclusion of the contract is English or German. The text of the contract is not stored by us for online orders. You can save it e.g. by using the print function of your browser, by taking a screenshot or by converting the text of the contract into a PDF format. The registration and order data (articles, quantities, prices, payment method, billing & delivery address, order date) are stored in your personal customer account (“My Account”). With your login data you have access to your customer account at any time and thus the possibility to print out orders with all entered data. Regarding the handling of all customer data, please refer to the separate privacy policy.

 

 

§ 6 Execution of the delivery; delivery times; risk

The delivery of the goods will be carried out by Cezantí or by a shipping partner commissioned by us. The delivery period is a maximum of 7 working days from receipt of the contract confirmation. In case of shipment outside the Federal Republic of Germany and within Europe, the delivery regularly takes 2-14 working days if the goods are available. For shipments to non-European countries, the delivery time depends on the mode of shipment (air mail / land / sea) and the recipient’s location. Notwithstanding other legal requirements, you can only withdraw from the contract due to delayed delivery if we are responsible for the delay. In the event of force majeure and other unforeseeable, extraordinary and non-culpable events – for example, difficulties in procuring materials and operational disruptions of not only temporary duration, strikes, lock-outs, lack of means of transport, official interventions, power supply difficulties, etc., even if these occur at our suppliers – the delivery time shall be extended to a reasonable extent if we are thereby prevented from fulfilling our obligation in good time. If the above-mentioned circumstances make delivery impossible or unreasonable, we may withdraw from the contract. You have the same right if it is not reasonable to expect you to adhere to the contract. However, we will only invoke the circumstances mentioned if we have been informed immediately.

We are entitled to make partial deliveries, as far as you can reasonably be expected to accept them. We may invoice such partial deliveries separately; the shipping costs for all partial deliveries may not exceed the agreed shipping costs. Your right to withdraw from the entire contract in the event of remaining deliveries not made on time, in breach of duty and through your own fault, if you are not interested in partial deliveries already made, remains unaffected.

The risk of accidental loss and accidental deterioration of the goods shall pass to you upon delivery of the goods. It is equal to the handover if you are in default of acceptance. If you are in default of acceptance, we are entitled to demand compensation for the damage incurred, provided you are responsible for the default of acceptance. If you have a claim for damages in addition to the performance due to delay, the damages to be compensated are limited to an amount of 0.5% of the agreed net price of the deliveries affected by the delay for each full week of the delay in delivery, but in total to an amount of 5% of this net price. These limitations shall not apply if the delay is due to intent or gross negligence.

 

§ 7 Retention of title

Until the purchase price has been paid in full, the goods remain the property of the claim holder. Subject to the condition precedent of payment of the full purchase price, the ownership of the goods is automatically transferred to the customer. Until then, he has an expectant right to transfer the ownership.

Prior to the transfer of ownership, pledging, transfer by way of security, transformation or other disposition endangering the reserved property is not permitted without the consent of the owner. If an article is pledged or confiscated, the customer must notify us immediately in writing. Furthermore, the customer is obliged to inform the third party that the articles in question are in the ownership of Cezantí or the owner of the claim.

 

§ 8 Redemption of promotion vouchers

 Promotional vouchers are issued by us voluntarily as part of advertising campaigns and cannot be purchased. Several promotion vouchers cannot be combined with each other. Promotional vouchers are valid exclusively under the conditions listed on the respective voucher (voucher value, scope of the promotion, validity period, transferability, etc.). To redeem the promotion voucher, the value of the goods must be at least equal to the value of the promotion voucher. Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting, crediting, cash payment, payment of the balance or interest is not possible. If the credit balance of the promotion voucher is not sufficient for the order, the difference can be balanced with the payment options offered by us (see § 11.)

If the ordered goods are returned in whole or in part, the value of the voucher will not be refunded, unless a service in return has been provided.

 Cezantí reserves the right to exclude individual persons from campaign vouchers.

 

§ 9 Prices and shipping costs

The prices listed in the offer at the time of the order shall apply. Unless otherwise stated in the price agreement, our prices are “ex works”, excluding shipping costs. Shipping costs are shown separately. Within Germany, Austria, Switzerland, Spain, France, Italy and the Netherlands standard shipping is free of charge.  A return shipment is at the customers expense. Our prices include the value added tax valid at the time of invoicing. The shipping costs are due together with the purchase price. 

 

§ 10 Payment methods and terms of payment

In our shop, the following payment methods are available to you: 

Prepayment

If you choose the payment method prepayment, we will give you our bank details in a separate e-mail and deliver the goods after receipt of payment. 

PayPal

You pay the invoice amount via the online provider Paypal. You have to be registered there or register first, legitimize with your access data and confirm the payment order to us (exception: guest access). You will receive further instructions during the ordering process. 

All payments are to be made to Cezantí without deduction. A payment is only considered to have been made when we can freely dispose of the amount. Offsetting is excluded, unless the offsetting claim is undisputed or legally established or acknowledged by us in writing. You can only exercise a right of retention if the claims result from the same contractual relationship. Exclusions shall not apply if it is a counterclaim arising from a claim for performance in kind that entitles you to refuse performance, or if rights are asserted due to a defect. 

Credit card

When you place your order, you provide your credit card details. After your legitimation as a legitimate cardholder, the payment transaction will be carried out automatically and your card will be charged. 

 

§ 11 Default of payment

In the event of default of payment, we are entitled to default interest at the statutory rate; we reserve the right to assert further damage caused by default, in particular costs for administration and bank charges as well as costs for legal prosecution. If partial payments have been agreed, the entire remaining debt shall become due if the customer is in default with at least two successive installments in whole or in part. In order to protect our legitimate interests (Art. 6 para. 1 lit. f DSGVO) in the settlement of outstanding claims, we may in individual cases transfer personal data to debt collection companies.

 

§ 12 Defects

The warranty is based on the statutory provisions. In case of complaints we ask for proof of the date of purchase by means of an invoice and sending the complained article together with a copy of the invoice to Cezantí Marcel Wolfangel, Geschwister-Scholl-Str. 39, 73732 Esslingen, Germany. Normal wear and tear of the goods do not constitute a warranty claim. The right to supplementary performance as well as the right to withdraw from the contract or to reduce the purchase price is available to you to the extent provided by law. We do not assume any warranty for damages and defects resulting from improper use, operation and storage, negligent or incorrect care and maintenance, overuse or improper repair by an unauthorized service partner. The warranty period for material defects is reduced to 1 year for companies, unless there is a case of mandatory liability, as provided for in particular in § 478 BGB. Claims for damages shall also remain unaffected by the shortened limitation period. 

If the customer is an entrepreneur, he must inspect services rendered immediately after delivery, insofar as this is feasible in the ordinary course of business, and, if a defect is found, notify us immediately. If the customer fails to notify us, the service shall be deemed to have been approved, unless it is a defect that could not be detected during the inspection. If such a defect is discovered later, the notification must be made immediately after discovery; otherwise the performance shall be deemed to have been approved even in consideration of the defect. The timely dispatch of the notification shall be sufficient to preserve the rights of the customer. The provisions on the obligation to give notice of defects shall not apply if a defect was fraudulently concealed or if the customer is a consumer. 

Any further claims, in particular for consequential damages, are excluded. This shall not apply in the case of intent, gross negligence or breach of material contractual obligations on our part, nor in the case of injury to life, body or health. Your legal right to withdraw from the contract remains unaffected. Essential contractual obligations are those whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance you regularly trust and may trust. 

The risk of accidental loss and accidental deterioration of the goods in the case of sale by delivery to a place other than the place of performance shall pass to you or to a recipient selected by you upon handover of the goods. If you are not a consumer, i.e. if you have not purchased the goods exclusively for private use, the risk of accidental loss and accidental deterioration of the goods shall pass to you upon handover of the goods to the shipping person. 

 

 § 13 Liability

We are not liable for damages and reimbursement of expenses, regardless of the legal basis, in particular not for damages due to defects, other breaches of duty or for tort. Excluded from this are damages resulting from injury to life, body or health for which we are responsible and other damages based on an intentional or grossly negligent breach of duty by us or on a guarantee declared by us. Also excluded are damages for which we are liable under the Product Liability Act or which are attributable to a culpable breach of material contractual obligations. Essential contractual obligations are in particular those whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the customer regularly relies and may rely. However, our liability for breach of material contractual obligations shall be limited to the foreseeable, typically occurring damage, unless we are liable for intent or gross negligence, injury to life, body or health or under the Product Liability Act.

Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times given the current state of technology. Therefore, Cezantí shall neither be liable for the permanent and uninterrupted availability of the online shop, nor for technical and electronic errors during an order process, which Cezantí has no influence on. If links to other websites or sources are created, Cezantí is not responsible or liable for the availability of such external sites or sources. Cezantí does not adopt as its own any contents accessible on such websites or sources and excludes any liability or warranty with respect to such contents, unless in individual cases Cezantí has positive knowledge of the illegality of such contents. The breach of duty of our legal representatives or our vicarious agents is equal to a breach of duty by us. Insofar as our liability is excluded or limited pursuant to § 14.1 and § 14.2, this shall also apply to the personal liability of our legal representatives and vicarious agents. A change in the burden of proof is not associated with the above provisions.

 

§ 14 Dispute settlement

The European Commission provides an Online Dispute Resolution (OS) platform, which you can find here. We are prepared to participate in an out-of-court conciliation procedure before a consumer conciliation body.

 All disputes arising out of or in connection with this agreement shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the state in which the customer as a consumer has his habitual residence, shall remain unaffected. 

 The place of jurisdiction for all claims arising from or based on this business relationship, including those arising from bills of exchange and cheques, is Esslingen, provided that you are a merchant within the meaning of commercial law, i.e. not a consumer. In this case we are also entitled to take legal action at the court having jurisdiction for your registered office. 

 

§ 15 Final provisions

The contract is subject to German law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (UN Sales Law/CISG). In dealings with end consumers, the law of the end consumer’s place of residence shall also apply, provided that it is mandatory to apply consumer law provisions. Insofar as the customer moves his residence or usual place of abode abroad after conclusion of the contract or his residence or usual place of abode is not known at the time of the judicial assertion of our claims, our registered office shall be the place of jurisdiction.

Unless otherwise stated in the contract, our place of business is the place of performance. Should individual provisions be or become invalid, the validity of the remaining provisions shall not be affected.

 

02.06.2020

 

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