Terms and Conditions
General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to all contracts that you conclude with us, Club Monee, a brand of CAPOLAVORO GmbH, as the provider, via the website www.clubmonee.com. Unless otherwise agreed, the inclusion of your own terms and conditions, if any, is herewith objected to.
(2) A consumer in the sense of the following regulations is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of Contract
(1) The subject of the contract is the sale of goods.
(2) By placing the respective product on our website, we submit a binding offer to you to conclude a contract under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can call up the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After calling up the "Checkout" page and entering your personal data as well as the payment and shipping conditions, all order data will finally be displayed again on the order overview page.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon-Payments, Postpay, Sofort, Easy Credit) as a payment method, you will either be redirected to the order overview page in our online shop or you will first be redirected to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, you make the appropriate selection or entry of your data there. Finally, you will be redirected back to our online shop to the order overview page.
Before submitting the order, you have the opportunity to review all information again, change it (also via the "back" function of the Internet browser) or cancel the purchase.
By submitting the order via the "buy" button, you legally declare your acceptance of the offer, whereby the contract is concluded.
§ 3 Individually Designed Goods
(1) You shall provide us with the appropriate information, texts or files required for the individual design of the goods via the online ordering system or by e-mail immediately after the conclusion of the contract at the latest. Our specifications regarding file formats must be observed.
(2) You undertake not to transmit any data whose content violates the rights of third parties (in particular copyrights, name rights, trademark rights) or violates existing laws. You expressly indemnify us from all claims asserted by third parties in this context. This also applies to the costs of legal representation required in this context.
(3) We do not check the transmitted data for content accuracy and therefore assume no liability for errors.
§ 4 Right of Retention, Retention of Title
(1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
(3) If you are an entrepreneur, the following applies in addition:
a) We reserve title to the goods until all claims arising from the ongoing business relationship have been settled in full. Pledging or transfer of ownership by way of security is not permitted before the transfer of ownership of the reserved goods.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that accrue to you from the resale, and we accept the assignment. You are further authorized to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.
c) In the event of combination and mixing of the reserved goods, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities due to us at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.
§ 5 Warranty
(1) The statutory liability rights for defects apply.
(2) As a consumer, you are requested to check the item immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty claims.
(3) If you are an entrepreneur, the following applies deviating from the aforementioned warranty regulations:
a) Only our own statements and the manufacturer's product description are considered agreed as the quality of the item, but not other advertising, public promotions and statements by the manufacturer.
b) In the event of defects, we provide a warranty, at our discretion, by repair or replacement. If the rectification of defects fails, you can, at your discretion, demand a reduction or withdraw from the contract. The rectification of defects is deemed to have failed after the second unsuccessful attempt, unless something else arises from the nature of the item or the defect or other circumstances. In the case of rectification, we do not have to bear the increased costs incurred by moving the goods to a place other than the place of performance, unless the relocation corresponds to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The reduction of the period does not apply:
- for culpably caused damages attributable to us resulting from injury to life, body or health and for other damages caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or have given a guarantee for the quality of the item;
- for items that have been used for a building in accordance with their usual use and have caused its defectiveness;
- for statutory recourse claims that you have against us in connection with defect rights.
§ 6 Choice of Law, Place of Performance, Place of Jurisdiction
(1) German law applies. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favorability).
(2) The place of performance for all services arising from the business relationships existing with us and the place of jurisdiction is our registered office, insofar as you are not a consumer, but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your domicile or habitual residence is unknown at the time the action is brought. The right to appeal to the court at another statutory place of jurisdiction remains unaffected by this.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are expressly not applicable.
II. Customer Information
1. Identity of the Seller
Club Monee, a brand of CAPOLAVORO GmbH
Gewerbepark Inning-Wörthsee / Neubruch 1
82266 Inning am Ammersee
Germany
Email: contact@clubmonee.com
Alternative Dispute Resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), accessible at https://ec.europa.eu/odr.
We are prepared to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on the Conclusion of the Contract
The technical steps for concluding the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the regulations "Conclusion of the Contract" of our General Terms and Conditions (Part I).
3. Contract Language, Storage of Contract Text
3.1. The contract language is German.
3.2. The complete contract text is not stored by us. Before submitting the order via the online shopping cart system , the contract data can be printed out or electronically saved using the browser's print function. After receipt of the order by us, the order data, the legally prescribed information for distance contracts and the General Terms and Conditions will be sent to you again by e-mail.
3.3. For offer requests outside the online shopping cart system, you will receive all contract data in text form as part of a binding offer, e.g. by e-mail, which you can print out or save electronically.
4. Essential Characteristics of the Goods or Service
The essential characteristics of the goods and/or service can be found in the respective offer.
5. Prices and Payment Modalities
5.1. The prices stated in the respective offers as well as the shipping costs are total prices. They include all price components including all applicable taxes.
5.2. The shipping costs incurred are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective offer, will be shown separately during the ordering process and must be borne by you in addition, unless free shipping has been promised.
5.3. If delivery is made to countries outside the European Union, further costs may arise for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of credit institutions), which must be borne by you. Any costs incurred for money transfers must also be borne by you in cases where delivery is made to an EU member state, but payment was initiated outside the European Union.
5.4. The payment methods available to you are indicated under a correspondingly designated button on our website or in the respective offer.
5.5. Unless otherwise specified for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
6. Delivery Conditions
6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
6.2. If you are a consumer, it is legally stipulated that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.
If you are an entrepreneur, delivery and shipment are at your risk.
7. Statutory Liability for Defects
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
These General Terms and Conditions and customer information were created by the IT law specialists of Händlerbund and are continuously checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/agb-service.
Last updated: 07.12.2017
Competitions on Facebook & Instagram
1. Scope of Application: These terms and conditions apply to all competitions conducted by "CAPOLAVORO GmbH". Each participant acknowledges these terms and conditions by participating. Competitions are not connected to Facebook and Instagram. They are in no way sponsored, supported or organized by Facebook and Instagram and do not create any legal claims against Facebook and Instagram. All information within the framework of a competition is provided exclusively by CAPOLAVORO.
2. Participation: Any natural person is eligible to participate in their own name with a minimum age of 14 years. Participation is only possible within the period specified in the competition description. Each participant may only participate once in an identical competition.
3. Execution: The specific action to be taken to participate in the competition can be found directly on the competition participation page or the competition post on Facebook or Instagram. The competition will be held within the specified period. All participants in the competition who meet the requirements specified under clauses 2 and 3 by the respective time of the draw will be considered. Immediately after the end of the participation period, the winner will be drawn at random from among the participants. A change or cash payment of the prize is excluded. The prize is not transferable.
4. Prize Handling: The winner will be notified electronically via Facebook or Instagram by CAPOLAVORO. With regard to the prize, each participant so notified is obliged to inform the organizer within one month of dispatch of the notification whether they accept the prize. If CAPOLAVORO does not receive a corresponding message within this period, the possibility of accepting the prize lapses and CAPOLAVORO reserves the right to determine another participant and notify them accordingly. If the participant's contact details are incorrect, CAPOLAVORO is not obliged to determine the correct data. The disadvantages resulting from the provision of incorrect contact details are borne by the participant.
5. Liability for Defects: CAPOLAVORO is only liable for damages incurred by the winner due to material and/or legal defects in cases of malice, intent or gross negligence. In all other respects, liability for material and/or legal defects is excluded.
6. Early Termination, Adjustment or Modification of the Competition: CAPOLAVORO is entitled to terminate, adjust or modify the competition at any time without prior notice and without stating reasons if a proper execution of the competition cannot be guaranteed due to technical or legal reasons without appropriate measures.
7. Data Protection: CAPOLAVORO guarantees the highest possible data protection standard in the context of the competition and observes all relevant legal provisions. CAPOLAVORO will not pass on personal data to third parties or sell address data. CAPOLAVORO stores the personal data of the respective participant exclusively for the purpose of the competition. The participant hereby expressly declares his/her consent to the storage and use of the personal data provided for the aforementioned purpose.
8. Liability: Claims for damages against CAPOLAVORO that are related to the competition are – within the legally permissible limits – excluded regardless of the legal reason, unless CAPOLAVORO has intentionally or grossly negligently violated legal obligations. Furthermore, CAPOLAVORO is not liable for damages resulting from the impairment of the availability of the competition post, in the event of uncontrollable technical malfunctions and force majeure events, as well as attacks by third parties against the competition post. However, CAPOLAVORO will do everything to ensure the reliability and functionality of the competition posts. Furthermore, CAPOLAVORO does not guarantee that the competition post will function properly on the respective participant's computer.
9. Severability Clause: Should individual provisions of these terms and conditions of participation be ineffective or should there be a regulatory gap, this shall not affect the validity of the remaining provisions. An ineffective or missing provision shall be replaced by a provision that comes closest to the purpose of the contract and the legal provisions.
10. Winner Selection: The winner will be selected in the manner announced in the post. Legal recourse is excluded.
11. Contact: For questions regarding the implementation of this competition and the processing and use of personal data, please contact: clubmonee.com
