Terms of Service

The terms and conditions were created by the creators of the German Lawyers Hotline AG

CONTRACT PARTNER

The basis of these general terms and conditions (GTC) is between the customer and

Cassiodea Innovations / Brandname FitSeat Creator Dr.-Ing. Jan Gumprecht
Represented by Dr.-Ing. Jan Gumprecht
Address: Adolf-Kolping-Str. 12 85737 Ismaning

hereinafter referred to as the provider, concluding the contract.

SUBJECT MATTER

This contract regulates the sale of new goods via the provider’s online shop. For the details of the respective offer, reference is made to the product description on the website.

CONCLUSION OF CONTRACT

The contract is concluded in electronic business transactions via the shop system or other means of remote communication such as telephone and email. The offers presented represent a non-binding invitation to submit an offer through the customer order that the provider can accept. The order process for the conclusion of the contract comprises the following steps in the shop system:

  • Enter the desired number of units.
  • Enter the consumer’s contact details (name, delivery address, e-mail, telephone number).
  • Optional: enter billing address if this is different from the delivery address.
  • Choose the payment method
  • Consent to the cancellation policy via the checkbox.
  • Click on the ‘Order with obligation to pay’ button.
  • Recieve confirmation email that the order has been received.

In addition to the shop system, orders can also be placed via remote communication (telephone / e-mail), whereby the ordering process for the conclusion of the contract comprises the following steps:

  • Call the order hotline / send the order email.
  • Recieve confirmation email that the order has been received.

The contract is concluded when an order confirmation is sent. The automatically generated and sent order confirmation does not constitute a corresponding legally binding declaration. The contract is also concluded when the goods are sent or the service is provided.

Contract Length 

The contract is concluded for an indefinite period.

RESERVATION OF PROPERTY

The delivered goods remain the property of the provider until they have been paid for in full.

RESERVATIONS

The provider reserves the right to provide a service that is equivalent in quality and price. The service shown in the shop is exemplary and not the individual, contractual service. The provider reserves the right not to provide the promised service in the event that the service is not available.

PRICES, SHIPPING CHARGES, RETURN CHARGES

All prices are final prices and include the statutory sales tax. In addition to the final prices, there are additional costs depending on the shipping method, which are displayed before the order is sent. If the right of withdrawal is used, the customer bears the costs of the return.

TERMS OF PAYMENT

The customer only has the following options for payment: advance transfer or cash on delivery. Further payment methods are not offered and will be rejected.
After receipt of the invoice, which contains all information for the transfer and is sent by email, the invoice amount must be transferred in advance to the account specified there. In the case of cash on delivery, the amount is paid to the deliverer in cash upon delivery, whereby the deliverer charges an additional fee. The customer is obliged to pay or transfer the amount shown to the account specified on the invoice within 7 days of receipt of the invoice. Payment is due from the invoice date without deduction. The customer is only in admonition after a reminder.

TERMS OF DELIVERY

The goods will be sent immediately after the receiving of payment has been confirmed. The dispatch takes place on average within 21 days. The entrepreneur is obliged to deliver on the 60th day after the order is received. The standard delivery time is 21 days, unless otherwise stated in the product description. The provider sends the order from its own warehouse as soon as the entire order is in stock there. If the provider is not responsible for a permanent obstacle to delivery, in particular force majeure or non-delivery by its own supplier, although a corresponding hedging transaction was concluded in good time, the provider has the right to withdraw from a contract with the customer. The customer will be informed immediately and services received, in particular payments, will be reimbursed.

WARRANTY

Consumers are entitled to a statutory right to liability for defects in accordance with the relevant provisions of the German Civil Code for the services offered. If there is a deviation from this, the warranty is based on the provisions in the General Terms and Conditions (GTC). If the customer is an entrepreneur, the warranty period for new goods is limited to one year. If the customer is an entrepreneur and the goods are new, the provider can choose between repair or new delivery. The warranty is excluded for used goods if the customer is an entrepreneur. If the customer is a consumer, the warranty period for used goods is limited to one year. This does not apply to claims for damages by the customer due to injury or essential contractual obligations that must be fulfilled in order to achieve the contractual objective. This also does not apply to claims for damage after negligent or willful breach of duty by the provider or his legal representative or vicarious agent. Otherwise, the statutory provisions apply.

CONTRACT FORMATION

If the customer is an entrepreneur, the risk of accidental loss and / or accidental deterioration of the goods is transferred to the customer when the goods are handed over, or when the goods are dispatched to the selected service provider. The contract text is saved by the provider. The customer has no way of directly accessing the stored text of the contract. The customer can correct errors in the entry during the ordering process. To do this, they can proceed by telephone or by e-mail.

RIGHT OF WITHDRAWAL


RIGHT OF WITHDRAWAL

You have the right to cancel this contract within fourteen days without stating any reason.

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

Um Ihr Widerrufsrecht auszuüben, müssen Sie uns (Cassiodea Innovations Inh. Jan Gumprecht, Adolf-Kolping-Str. 12, 85737 Ismaning, Tel.: 089 / 201 83 914, Fax: 089 / 201 83 915, E-Mail: info@cassiodea.com) mittels einer eindeutigen Erklärung (z.B. ein mit der Post versandter Brief, Telefax oder E-Mail) über Ihren Entschluss, diesen Vertrag zu widerrufen, informieren. Sie können dafür das beigefügte Muster-Widerrufsformular verwenden, das jedoch nicht vorgeschrieben ist. Sie können das Muster-Widerrufsformular oder eine andere eindeutige Erklärung auch auf unserer Webseite (http://www.fitseat.net/widerrufsformular) elektronisch ausfüllen und übermitteln. Machen Sie von dieser Möglichkeit Gebrauch, so werden wir Ihnen unverzüglich (z. B. per E-Mail) eine Bestätigung über den Eingang eines solchen Widerrufs übermitteln. To exercise your right of withdrawal, you must contact us (Cassiodea Innovations – Owner Jan Gumprecht, Adolf-Kolping-Str. 12, 85737 Ismaning, Tel .: 089/201 83 914, Fax: 089/201 83 915, E-Mail: info@cassiodea.com) by means of a clear statement (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory. You can also electronically fill out and submit the model withdrawal form or another clear declaration on our website (http://www.fitseat.net/widerrufsformular). If you make use of this option, we will send you a confirmation that we have received such a revocation immediately (e.g. by email).

To meet the cancellation deadline, it is sufficient for you to send your notification that you are exercising your right of cancellation before the cancellation period has expired.

CONSEQUENCES OF REVOCATION

If you withdraw from this contract, we shall return all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you. In no case will you be charged any fees for this repayment.

We pick up the goods. You bear the direct costs of returning the goods. The costs are estimated at a maximum of around EUR 60. 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, and not due to your negligence.

END OF REVOCATION

DISCLAIMER

Claims for damages by the customer are excluded, unless otherwise stated for the following reasons. This also applies to the provider’s representatives and vicarious agents if the customer raises claims for damages against them. Exceptions are claims for damages by the customer due to injury or essential contractual obligations which must be fulfilled in order to achieve the contractual objective. This also does not apply to claims for damages after negligence or willful breach of duty by the provider or his legal representative or vicarious agent.

ASSIGNMENT AND LANDING PROHIBITIONS

Claims or rights of the customer against the provider may not be assigned or pledged without their consent, unless the customer has demonstrated a legitimate interest in the assignment or pledging.

LANGUAGE, JURISDICTION AND APPLICABLE LAW

The contract will be drawn up in German. The further implementation of the contractual relationship takes place in German. The law of the Federal Republic of Germany applies exclusively. For consumers, this only applies so far that it does not restrict any statutory provisions of the country in which the customer has his domicile or habitual residence. The place of jurisdiction for disputes with customers who are not consumers, legal entities under public law or special funds under public law are specified by the provider.

DATA PROTECTION

In connection with the initiation, conclusion, processing and reversal of a purchase contract on the basis of these terms and conditions, the provider collects, stores and processes data. This takes place within the framework of the statutory provisions. The provider does not pass on any personal data to third parties unless they are legally obliged to do so or the customer has given prior consent. If a third party is used for services in connection with processing, we shall comply with provisions of the Federal Data Protection Act. The data communicated by the customer by way of the order will only be processed to establish contact within the scope of contract processing and only for the purpose for which the customer made the data available. The data will only be passed on to the shipping company that takes over the delivery of the goods as required. The payment data will be passed on to the credit institute commissioned with the payment. The provider has retention periods of a commercial or tax nature: the storage of some data can take up to ten years. While visiting the provider’s internet shop, anonymized data that do not allow any conclusions to be drawn about personal data and are not intended to, in particular the IP address, date, time, browser type, operating system and pages visited, are logged. At the request of the customer, the personal data can be deleted, corrected or blocked in accordance with the statutory provisions. A free summary of all personal data collected can be demanded by the customer. For questions and requests for deletion, correction or blocking of personal data as well as collection, processing and use, the customer can contact the following address: Cassiodea Innovations, Jan Gumprecht, Adolf-Kolping-Str. 12 85737 Ismaning Tel .: 089/201 83 914 E-Mail: info@cassiodea.com.

SEVERABILITY CLAUSE

The ineffectiveness of a provision of these terms and conditions has no effect on the effectiveness of the other provisions.

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