General Terms and Conditions
1. Scope of application
These General Terms and Conditions (GTC) apply to the use of the consumer section of our website www.calarose.de and to all contracts concluded through it 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 result in particular from these GTC, our written order confirmation, and our declaration of contract acceptance. Deviating contractual terms and conditions of the customer are not recognized unless we expressly agree to them in writing.
Our range of services in the consumer sector is exclusively directed at consumers within the meaning of § 13 BGB (German Civil Code). 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 are predominantly neither commercial nor self-employed. An entrepreneur is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.
2. Contracting party, conclusion of contract, correction options
The purchase contract is concluded with Cala Rose, represented by Nadine Rosen.
The presentation of products in the online shop does not constitute a legally binding offer, but an non-binding online catalog. You can first 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 for this purpose in the ordering process. By clicking the order button, you submit a binding offer for the goods contained in the shopping cart. Confirmation of receipt of your order will be sent by e-mail immediately after the order has been submitted.
We accept your offer within five days by
- sending a declaration of acceptance in a separate email or
- shipping the goods or
- if applicable, the payment transaction is carried out by our service provider or the selected payment service provider. The time of execution of the payment transaction depends on the payment method selected (see under "Payment").
The relevant alternative for you depends on which of the listed events occurs first.
3. Customer account
Your orders placed 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 order process for order processing is correct and that our emails or emails from third parties commissioned with order processing can be received. 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. For this purpose, we 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 provided data will be automatically deleted.
You are obliged to provide truthful information and to update your personal data if it changes, if you wish to (continue to) use our services.
It is not permitted to pass on your login data to third parties. You are obliged to treat this data confidentially and to prevent unauthorized use by third parties to a reasonable extent.
(6) Each customer may only maintain one customer account at a time. In the event that a customer maintains further accounts with us, we reserve the right to delete all accounts opened after the first registration and to exclude the customer from using our services.
Deletion of the customer account is possible for both you and us at any time without notice and without giving reasons. For this purpose, it is necessary to send an e-mail to hello@calarose.de from the e-mail address associated with the customer account, clearly stating the wish to delete the account. Legal relationships yet to be processed remain unaffected by the deletion. This applies in particular to orders that have already been placed and have not yet been completed.
As part of the deletion of the customer account, your personal data generated there will also be deleted if you have submitted a corresponding request and legal retention obligations do not stand in the way, or if the data is no longer required for the purpose pursued with the storage, or if its storage is otherwise unlawful for legal reasons. The request must be sent to the address given in the imprint.
There are no claims to the use, technical availability or further development of our website. Claims for the contractual execution and processing of ongoing orders remain unaffected by this.
The ordered items may deviate slightly from the displayed goods within reasonable limits due to technical display possibilities; in particular, there may be color deviations.
4. Contract language, contract text storage
The language(s) available for the conclusion of the contract: German, English
We store the contract text and send you the order data and our GTC in text form. For security reasons, the contract text is no longer accessible via the Internet.
5. Delivery conditions
For orders placed through our online shop, the following delivery restrictions apply: 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 is based on the information in the respective product description, whereby we reserve the right to technical errors in the information.
The goods will be shipped by post to the delivery address you validly provided during the order process.
The delivery time for deliveries within Germany (mainland) is approx. 3-5 working days.
Delivery usually takes place in a single shipment. If your order contains goods with different delivery times, we will combine the goods into a single shipment, unless we have made a different agreement with you. In the case of a combined shipment, the delivery time is determined by the goods with the longest delivery time.
For deliveries within Germany, we do not charge shipping costs for orders over 45 Euros. For all orders below this amount, a flat shipping fee of 3.90 Euros applies. If shipping costs are incurred, they will be displayed to you in our order form. These are to be borne by you, unless you exercise your right of withdrawal. 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 immediately in the order confirmation. In the event of a delivery delay of more than two weeks, you have the right to withdraw from the contract. Any payments already made will be reimbursed immediately. Your statutory right of withdrawal remains unaffected by this.
As soon as your order has been packed and shipped, you will receive an e-mail shipping confirmation from us with the delivery information.
If the shipping company returns the shipped goods to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if he is not responsible for the circumstance that led to the impossibility of delivery.
We only deliver by mail. Self-collection of the goods is unfortunately not possible.
For uncollected shipments and unjustified refusal of acceptance, the processing fee is a flat rate of 8 Euros.
6. Payment
In our shop, you generally have the following payment methods available:
Credit card
By placing the order, you provide your credit card details. Your card will be charged immediately after placing the order.
PayPal, PayPal Express
To pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, identify yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after placing the order. Further information can be found in the order process.
Sofort by klarna
To pay the invoice amount via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, you must have a bank account enabled for online banking, identify yourself accordingly and confirm the payment instruction. Your account will be debited immediately after placing the order. Further information can be found in the order process.
Google Pay
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 is carried out immediately after placing the order. Further information can be found in the order process.
Apple Pay
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, identify yourself with your access data and confirm the payment instruction. The payment transaction is carried out immediately after placing the order. Further information can be found in the order 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 for consumers. Unless otherwise stipulated below, payment via Klarna requires a successful address and credit check and is made directly to Klarna. Further information can be found with the respective payment option and in the order process.
Purchase on account via Klarna
The invoice amount is due 14 days after shipment of the goods and receipt of the invoice.
Klarna Instant Bank Transfer
You make the transfer via the provider Klarna; the account is debited immediately.
7. Retention of title
The goods remain our property until full payment.
8. Transport damage
If goods are delivered with obvious transport damage, please report such defects to the deliverer as soon as possible and contact us immediately. Failure to file a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, it helps us to assert our own claims against the carrier or transport insurance.
9. Warranty and Guarantees
Application of statutory liability for defects
Unless expressly agreed otherwise below, the statutory liability for defects shall apply.
The following restrictions and reductions of deadlines 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 case of intentional or grossly negligent breach of duty and malice
- in case of breach of essential contractual obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose observance the contractual partner may regularly rely (cardinal obligations)
- within the scope of a guarantee promise, if agreed, or
- insofar as the scope of application of the Product Liability Act is opened.
Restrictions for consumers
Ordered goods may deviate slightly from the depicted goods within reasonable limits.
When purchasing used goods by consumers: 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
For claims arising from damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation
- for injury to life, body or health,
- for intentional or grossly negligent breach of duty,
- for guarantee promises, if agreed, or
- insofar as the scope of application of the Product Liability Act is opened.
In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on which the contractual partner may regularly rely (cardinal obligations), due to slight negligence on our part, on the part of our legal representatives or vicarious agents, our liability is limited to the amount of damage foreseeable at the time of concluding the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.
11. Dispute Resolution
The European Commission provides a platform for online dispute resolution (ODR), which you can find at http://ec.europa.eu/consumers/odr/. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
