Terms and Conditions

Table of Contents

  1. Scope
  2. Conclusion of contract
  3. Right of withdrawal
  4. Prices and payment terms
  5. Delivery and shipping conditions
  6. Retention of title
  7. Liability for defects (warranty)
  8. Liability
  9. Redemption of promotional vouchers
  10. Redemption of gift vouchers
  11. Applicable law
  12. Code of conduct
  13. Alternative dispute resolution

1) Scope

1.1 These general terms and conditions (hereinafter "Terms") of Sascha Terkatz-Kelleter, trading as "Casualline Label" (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or trader (hereinafter "Customer") concludes with the Seller in relation to the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 These Terms apply accordingly to contracts for the delivery of vouchers, unless otherwise provided.

1.3 For the purposes of these Terms, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.

1.4 For the purposes of these Terms, a trader is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade, business or profession.

2) Conclusion of contract

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve to enable the Customer to submit a binding offer.

2.2 The Customer may submit the offer via the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding contractual offer in respect of the goods contained in the shopping cart by clicking the button that concludes the ordering process.

2.3 The Seller may accept the Customer's offer within five days,

  • by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby receipt of the order confirmation by the Customer is decisive, or
  • by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive, or
  • by requesting payment from the Customer after the Customer has placed the order.

If several of the above alternatives apply, the contract is concluded at the time when one of the above alternatives first occurs. The period for acceptance of the offer begins on the day after the offer is sent by the Customer and ends at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, viewable at https://www.paypal.com/de/legalhub/paypal/useragreement-full or, if the Customer does not have a PayPal account, subject to the Terms for Payments without a PayPal Account, viewable at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the Customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the Seller hereby declares acceptance of the Customer's offer at the time the Customer clicks the button that concludes the ordering process.

2.5 If the payment method "Amazon Payments" is selected, payment processing is carried out via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), subject to the Amazon Payments Europe Terms of Use, viewable at https://pay.amazon.de/help/201751590. If the Customer selects "Amazon Payments" as the payment method during the online ordering process, by clicking the button that concludes the ordering process the Customer simultaneously issues a payment order to Amazon. In this case, the Seller hereby declares acceptance of the Customer's offer at the time the Customer triggers the payment process by clicking the button that concludes the ordering process.

2.6 When ordering via the Seller's online order form, the text of the contract is stored by the Seller after the contract is concluded and sent to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has submitted the order. The Seller does not make the text of the contract accessible beyond this. If the Customer has set up a user account in the Seller's online shop before submitting the order, the order data is archived on the Seller's website and can be accessed by the Customer free of charge via their password-protected user account by entering the relevant login details.

2.7 Before submitting a binding order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. The browser's zoom function, which enlarges the display on the screen, can be an effective technical means of better identifying input errors. During the electronic ordering process, the Customer can correct their entries using the usual keyboard and mouse functions until they click the button that concludes the ordering process.

2.8 Different languages are available for the conclusion of the contract. The specific choice of language is displayed in the online shop.

2.9 Order processing generally takes place automatically by e-mail. The Customer must ensure that the e-mail address provided for order processing is correct, so that e-mails sent by the Seller can be received at this address.

3) Right of withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller's withdrawal policy.

3.3 The right of withdrawal does not apply to consumers who, at the time the contract is concluded, are not nationals of a member state of the European Union and whose sole place of residence and delivery address at the time the contract is concluded are outside the European Union.

4) Prices and payment terms

4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices that include statutory value added tax. Any additional delivery and shipping costs will be stated separately in the relevant product description.

4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the Seller is not responsible and which must be borne by the Customer. These include, for example, costs for money transfers by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs relating to money transfers may also be incurred if delivery is not made to a country outside the European Union but the Customer makes the payment from a country outside the European Union.

4.3 The available payment method(s) will be communicated to the Customer in the Seller's online shop.

4.4 If a payment method offered via the payment service "Shopify Payments" is selected, payment processing is carried out by Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland ("Shopify"). The individual payment methods offered via Shopify Payments will be communicated to the Customer in the Seller's online shop. Shopify may use further payment services to process payments, for which special payment terms may apply, of which the Customer will be separately informed if applicable. Further information on "Shopify Payments" is available online at https://www.shopify.com/legal/terms-payments/de.

4.5 If a payment method offered via the payment service "Apple Pay" is selected, payment processing is carried out by Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland ("Apple"). The individual payment methods offered via Apple Pay will be communicated to the Customer in the Seller's online shop. Apple may use further payment services to process payments, for which special payment terms may apply, of which the Customer will be separately informed if applicable. Further information on Apple Pay is available online at https://www.apple.com/de/apple-pay/.

4.6 If a payment method offered via the payment service "Google Pay" is selected, payment processing is carried out by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google"). The individual payment methods offered via Google Pay will be communicated to the Customer in the Seller's online shop. Google may use further payment services to process payments, for which special payment terms may apply, of which the Customer will be separately informed if applicable. Further information on Google Pay is available online at https://pay.google.com/intl/de_de/about/.

5) Delivery and shipping conditions

5.1 If the Seller offers to ship the goods, delivery will be made within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. The delivery address stated in the Seller's order processing is decisive for the execution of the transaction.

5.2 If delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply to the costs of delivery if the Customer effectively exercises their right of withdrawal. With regard to return shipping costs, if the Customer effectively exercises the right of withdrawal, the provision made in this regard in the Seller's withdrawal policy applies.

5.3 If the Customer acts as a trader, the risk of accidental loss and accidental deterioration of the goods sold passes to the Customer as soon as the Seller has handed over the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold generally only passes to the Customer once the goods have been handed over to the Customer or a person authorised to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold also passes to consumers as soon as the Seller has handed over the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, if the Customer commissioned the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment and the Seller had not previously named this person or institution to the Customer.

5.4 If the Customer acts as a consumer resident in Germany or as a trader, the Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies, however, if the non-delivery is not the fault of the Seller and the Seller has concluded a specific hedging transaction with the supplier with the necessary care. The Seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the Customer will be informed immediately and any consideration already provided will be reimbursed without delay.

5.5 Collection in person is not possible for logistical reasons.

5.6 Vouchers will be made available to the Customer as follows:

- by e-mail

6) Retention of title

If the Seller renders advance performance, it retains title to the goods delivered until the purchase price owed has been paid in full.

7) Liability for defects (warranty)

Unless otherwise stated below, the provisions of statutory liability for defects apply. The following applies, by way of derogation, to contracts for the delivery of goods:

7.1 If the Customer acts as a trader,

  • the Seller has the choice of the type of subsequent performance;
  • for new goods, the limitation period for claims for defects is one year from delivery of the goods;
  • claims for defects are excluded for used goods;
  • the limitation period does not begin again if a replacement delivery is made as part of the liability for defects.

7.2 The above limitations of liability and shortened periods do not apply

  • to claims for damages and reimbursement of expenses by the Customer,
  • if the Seller has fraudulently concealed the defect,
  • to goods that have been used for a building in accordance with their usual use and have caused the building's defectiveness,
  • to any obligation of the Seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.

7.3 Furthermore, for traders, the statutory limitation periods for any statutory right of recourse remain unaffected.

7.4 If the Customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the Customer is subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 HGB. If the Customer fails to comply with the notification obligations set out therein, the goods shall be deemed to have been approved.

7.5 If the Customer acts as a consumer, they are requested to complain to the carrier about goods delivered with obvious transport damage and to inform the Seller thereof. If the Customer does not do so, this has no effect whatsoever on their statutory or contractual claims for defects.

8) Liability

The Seller is liable to the Customer for all contractual, quasi-contractual and statutory claims, including tortious claims, for damages and reimbursement of expenses as follows:

8.1 The Seller is liable without limitation on any legal grounds

  • in the case of intent or gross negligence,
  • in the case of intentional or negligent injury to life, limb or health,
  • on the basis of a guarantee promise, unless otherwise provided in this regard,
  • on the basis of mandatory liability, such as under the German Product Liability Act.

8.2 If the Customer acts as a consumer resident in Germany or as a trader, the following limitations of liability apply:

If the Seller negligently breaches a material contractual obligation, its liability is limited to the foreseeable damage typical for this type of contract, unless it is liable without limitation pursuant to the preceding clause. Material contractual obligations are obligations that the contract imposes on the Seller according to its content in order to achieve the purpose of the contract, the fulfilment of which is essential for the proper performance of the contract in the first place and on the observance of which the Customer may regularly rely. In all other respects, the Seller's liability is excluded, unless it is liable without limitation pursuant to the preceding clause.

8.3 The above liability provisions also apply with regard to the Seller's liability for its vicarious agents and legal representatives.

9) Redemption of promotional vouchers

9.1 Vouchers issued free of charge by the Seller as part of promotional campaigns with a specific validity period, which cannot be purchased by the Customer (hereinafter "promotional vouchers"), can only be redeemed in the Seller's online shop and only within the specified period.

9.2 Promotional vouchers can only be redeemed by consumers.

9.3 Individual products may be excluded from the voucher promotion if a corresponding restriction arises from the content of the promotional voucher.

9.4 Promotional vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.

9.5 Only one promotional voucher can be redeemed per order.

9.6 If the promotional voucher relates to a specific amount rather than a percentage discount, the value of the goods must correspond to at least the amount of the promotional voucher. Any remaining credit will not be refunded by the Seller.

9.7 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be selected to settle the difference.

9.8 The credit balance of a promotional voucher is neither paid out in cash nor does it bear interest.

9.9 The promotional voucher will not be refunded if the Customer returns the goods paid for in whole or in part with the promotional voucher as part of their statutory right of withdrawal.

9.10 The promotional voucher is transferable. The Seller may render performance with discharging effect to the respective holder who redeems the promotional voucher in the Seller's online shop. This does not apply if the Seller has knowledge or grossly negligent lack of knowledge of the holder's lack of entitlement, lack of legal capacity or lack of authority to represent.

10) Redemption of gift vouchers

10.1 Gift vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.

10.2 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be selected to settle the difference.

10.3 The credit balance of a gift voucher is neither paid out in cash nor does it bear interest.

10.4 The gift voucher is transferable. The Seller may render performance with discharging effect to the respective holder who redeems the gift voucher in the Seller's online shop. This does not apply if the Seller has knowledge or grossly negligent lack of knowledge of the holder's lack of entitlement, lack of legal capacity or lack of authority to represent.

11) Applicable law

11.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties, to the exclusion of the laws on the international sale of movable goods. For consumers, this choice of law only applies to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the state in which the consumer has their habitual residence.

11.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who, at the time the contract is concluded, are not nationals of a member state of the European Union and whose sole place of residence and delivery address at the time the contract is concluded are outside the European Union.

12) Code of conduct

13) Alternative dispute resolution

The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.