General terms and conditions of business
1. Scope
These General Terms and Conditions (GTC) apply to the use of the consumer area on our website www.calarose.de as well as to all contracts concluded via this website between us, Cala Rose, represented by Nadine Rosen, c/o Work Box , Eresburgstrasse 24-29 , 12103 Berlin, Germany, hello@calarose.de) and you as our customer.
All agreements made between you and us in this context arise in particular from these General Terms and Conditions, our written order confirmation and our declaration of acceptance of the contract. Any deviating contractual terms of the customer will not be recognized unless we expressly agree to them in writing.
Our range of services in the consumer sector is aimed exclusively at consumers within the meaning of Section 13 of the German Civil Code (BGB). Business transactions as an entrepreneur are not permitted on our website. A consumer is any natural person who concludes a legal transaction for purposes that cannot predominantly be attributed to their commercial or independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2. Contracting parties, conclusion of contract, correction options
The purchase contract is concluded with Cala Rose, represented by Nadine Rosen.
The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalog. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the ordering process. By clicking the order button, you make a binding offer for the goods contained in the shopping cart. Confirmation of receipt of your order will be sent by email immediately after the order has been submitted.
We will accept your offer within five days by
- we submit a declaration of acceptance in a separate email or
- we have the goods delivered or
- if applicable, the payment transaction is carried out by our service provider or the selected payment service provider. The time at which the payment transaction is carried out depends on the payment method selected (see "Payment").
The alternative that is relevant to you depends on which of the events listed occurs first.
3. Customer account
Your orders via our online shop are processed as part of an automated order processing system. You will generally be informed about the order processing by email. Therefore, please ensure that the email address you provided during the ordering process for order processing is correct and that you can be sure that you receive our emails or those of third parties commissioned to process your order. This applies in particular if you use SPAM filters.
An order can be placed with or without prior registration. Registration on our website calarose.de, the creation of a customer account and logging into it are free of charge. To protect against misuse of your data, you must "activate" your customer account for successful registration. To do this, we will send an email with an activation link to the email address used for registration. We will then confirm the successful creation of your customer account by email. If the customer account is not activated within 7 days, your data will be automatically deleted.
You are obliged to provide truthful information and, in the event of changes to your personal data, to make appropriate updates if you wish to (continue to) use our range of services.
You are not permitted to share your login details with third parties. You are obliged to treat this data confidentially and to prevent any unauthorized use by third parties to a reasonable extent.
(6) Each customer may only have one customer account at a time. If a customer maintains additional accounts with us, we reserve the right to delete all accounts opened after the first registration and to exclude the customer from using our range of services.
You and we can delete your customer account at any time without notice and without giving reasons. To do this, you must send an email to hello@calarose.de using the email address associated with your customer account, clearly stating your intention to delete your account. Legal relationships that have yet to be processed remain unaffected by the deletion. This applies in particular to orders that have already been placed and are not yet completed.
When the customer account is deleted, your personal data generated here will also be deleted if you have made a request to this effect and there are no statutory retention periods, or if the data is no longer required to fulfil the purpose for which it was stored, or if its storage is not permitted for other legal reasons. The request must be sent to the address stated in the imprint.
There are no claims to the use, technical availability or further development of our website. Claims to the contractual execution and processing of current orders remain unaffected.
Due to the technical limitations of the display options, the items ordered may differ slightly from the goods shown within reasonable limits; in particular, there may be colour deviations.
4. Contract language, contract text storage
The language(s) available for the conclusion of the contract: German, English
We save the contract text and send you the order data and our general terms and conditions in text form. For security reasons, the contract text is no longer accessible via the Internet.
5. Delivery conditions
The following delivery restrictions apply to orders placed via our online shop: We only deliver to customers who have their habitual residence (billing address) in Germany and can provide a delivery address in the same country.
The availability of the goods depends on the information in the respective product description, whereby we reserve the right to make technical errors in the information.
The goods will be dispatched by post to the delivery address you provided during the order process.
The delivery time for deliveries within Germany (mainland) is approximately 2-5 working days.
Delivery is usually made in one shipment. If your order contains goods with different delivery times, we will combine the goods in one shipment unless we have agreed otherwise with you. In the case of a joint shipment, the delivery time is determined by the goods with the longest delivery time.
For deliveries within Germany, we do not charge any shipping costs for orders over 45 euros. For all orders under this amount, a shipping fee of 3.90 euros applies. If shipping costs are incurred, they will be shown to you on our order form. You will be responsible for these unless you exercise your right of cancellation. The costs for deliveries to other European countries are a flat rate of 6.90 euros.
If the product you ordered is temporarily unavailable, we will inform you of this immediately in the order confirmation. If delivery is delayed by more than two weeks, you have the right to withdraw from the contract. Any payments already made will be refunded immediately. Your statutory right of cancellation remains unaffected.
As soon as your order has been packed and sent, you will receive a shipping confirmation email from us with the delivery information.
If the transport company returns the shipped goods to the seller in the event that delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstances that led to the impossibility of delivery.
We only deliver by post. Unfortunately, it is not possible to collect the goods yourself.
If shipments are not picked up or if acceptance is refused without justification, the processing fee is a flat rate of 8 euros.
6. Payment
In our shop you can generally use the following payment methods:
credit card
When you place your order, you provide your credit card details. Your card will be charged immediately after you place your order.
PayPal, PayPal Express
In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, authenticate yourself with your access data and confirm the payment order. The payment transaction is carried out by PayPal immediately after the order is placed. You will receive further information during the ordering process.
Sofort by Klarna
In order to pay the invoice amount via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment order. Your account will be debited immediately after the order has been placed. You will receive further information during the ordering process.
Google Pay
In order to pay the invoice amount via the payment service provider Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland ("Google"), you must be registered with Google, have activated the Google Pay function, identify yourself with your access data and confirm the payment instruction. The payment transaction will be carried out immediately after the order has been placed. You will receive further information during the ordering process.
Apple Pay
In order to pay the invoice amount via the payment service provider Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA ("Apple"), you must use the "Safari" browser, be registered with Apple, have activated the Apple Pay function, authenticate yourself with your access data and confirm the payment instruction. The payment transaction will be carried out immediately after the order has been placed. You will receive further information during the ordering process.
Klarna
In cooperation with the payment service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden ("Klarna"), we offer you the following payment options. Payment via Klarna is only available to consumers. Unless otherwise stated below, payment via Klarna requires a successful address and credit check and is made directly to Klarna. You will find further information in the respective payment option and in the ordering process.
Purchase on account via Klarna
The invoice amount is due 14 days after dispatch of the goods and receipt of the invoice.
Klarna Sofortüberweisung
You transfer via the provider Klarna, the account is debited immediately.
7. Retention of title
The goods remain our property until full payment has been made.
8. Transport damage
If goods are delivered with obvious transport damage, please complain about such errors to the deliverer as soon as possible and contact us immediately. Failure to complain or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, you will help us to assert our own claims against the freight carrier or transport insurance.
9. Warranty and Guarantees
validity of the statutory liability for defects
Unless expressly agreed otherwise below, the statutory liability for defects applies.
The following restrictions and shortening of time limits do not apply to claims based on damages caused by us, our legal representatives or vicarious agents
- in case of injury to life, body or health
- in the event of intentional or grossly negligent breach of duty and malice
- in the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations)
- within the framework of a guarantee promise, if agreed, or
- insofar as the scope of application of the Product Liability Act is open.
restrictions on consumers
Ordered goods may differ slightly from the goods pictured within reasonable limits.
When consumers buy used goods, the following applies: if the defect occurs after one year from delivery of the goods, claims for defects are excluded. Defects that occur within one year from delivery of the goods can be asserted within the statutory limitation period of two years from delivery of the goods.
10. Liability
We are always liable without limitation for claims based on damages caused by us, our legal representatives or vicarious agents.
- in case of injury to life, body or health,
- in the event of intentional or grossly negligent breach of duty,
- in the case of guarantee promises, if agreed, or
- insofar as the scope of application of the Product Liability Act is open.
In the event of a breach of essential contractual obligations, the fulfilment of which makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, the liability is limited to the amount of damage foreseeable at the time the contract was concluded, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.
11. Dispute settlement
The European Commission provides a platform for online dispute resolution (ODR), which you at http://ec.europa.eu/consumers/odr/. We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
