Terms and Conditions

Table of Contents

  1. Scope
  2. Conclusion of the Contract
  3. Right of Withdrawal
  4. Prices and Payment Terms
  5. Delivery and Shipping Terms
  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 “GTC”) of Sascha Terkatz-Kelleter, trading under “Casualline Label” (hereinafter “Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter “Customer”) concludes with the Seller in respect of the goods presented by the Seller in his online shop. The inclusion of the Customer’s own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 These GTC apply accordingly to contracts for the delivery of vouchers, unless otherwise regulated in this regard.

1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that predominantly can be attributed neither to his commercial nor to his independent professional activity.

1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.

2) Conclusion of the 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 for the submission of a binding offer by the Customer.

2.2 The Customer may submit the offer via the online order form integrated into the Seller’s online shop. In doing so, after placing the selected goods in the virtual shopping cart and completing 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 transmitting to the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which respect the receipt of the order confirmation by the Customer is decisive, or
  • by delivering the ordered goods to the Customer, in which respect the receipt of the goods by the Customer is decisive, or
  • by requesting the Customer to make payment after the Customer has placed his order.

If several of the aforementioned alternatives apply, the contract is concluded at the point in time at which one of the aforementioned alternatives first occurs. The period for accepting the offer begins to run on the day after the Customer sends the offer and ends on the expiry 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 his declaration of intent.

2.4 When selecting a payment method offered by PayPal, 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 Luxemburg (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 by means of a payment method offered by PayPal that can be selected during the online ordering process, the Seller hereby declares the acceptance of the Customer’s offer at the point in time at which the Customer clicks the button that concludes the ordering process.

2.5 When selecting the payment method “Amazon Payments", payment processing is carried out via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxemburg (hereinafter: “Amazon”), subject to the Amazon Payments Europe User Agreement, viewable at https://pay.amazon.de/help/201751590. If the Customer selects “Amazon Payments” as the payment method during the online ordering process, he also simultaneously issues a payment order to Amazon by clicking the button that concludes the ordering process. In this case, the Seller hereby declares the acceptance of the Customer’s offer at the point in time at which 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 conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his 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 sending his order, the order data are archived on the Seller’s website and can be retrieved by the Customer free of charge via his password-protected user account by providing the corresponding login data.

2.7 Before bindingly submitting the order via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the browser’s magnification function, with the help of which the display on the screen is enlarged. Within the framework of the electronic ordering process, the Customer can correct his entries using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.

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

2.9 Order processing and contact generally take place via e-mail and automated order processing. The Customer must ensure that the e-mail address he has provided for order processing is correct, so that the e-mails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.

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 instructions.

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

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller’s product description, the prices indicated are total prices which include the statutory value-added tax. Any additional delivery and shipping costs that may be incurred are indicated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, further costs may be incurred in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs in relation to the transfer of money may also be incurred if the 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 payment option(s) will be communicated to the Customer in the Seller’s online shop.

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

4.5 When selecting a payment method offered via the payment service “Apple Pay”, payment processing is carried out by Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Irland (“Apple”). The individual payment methods offered via Apple Pay are communicated to the Customer in the Seller’s online shop. To process payments, Apple may make use of further payment services for which special payment terms may apply, of which the Customer may be informed separately. Further information on Apple Pay is available on the internet at https://www.apple.com/de/apple-pay/.

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

5) Delivery and Shipping Terms

5.1 If the Seller offers to ship the goods, delivery is made within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller’s order processing is decisive.

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

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the item to the forwarder, 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 sold goods generally passes only upon handover of the goods to the Customer or a person authorized to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer, even in the case of consumers, as soon as the Seller has delivered the item to the forwarder, the carrier or the person or institution otherwise designated to carry out the shipment, if the Customer has commissioned the forwarder, the carrier or the person or institution otherwise designated to carry out the shipment with carrying it out and the Seller has not previously named this person or institution to the Customer.

5.4 If the Customer acts as a consumer domiciled in Germany or as an entrepreneur, the Seller reserves the right to withdraw from the contract in the event of incorrect or improper supply to himself. This applies only in the event that the non-delivery is not the responsibility of the Seller and the Seller has concluded a specific hedging transaction with the supplier with the requisite care. The Seller will make all reasonable efforts to procure the goods. In the event of the unavailability or only partial availability of the goods, the Customer is informed without delay and the consideration is refunded without delay.

5.5 Collection in person is not possible for logistical reasons.

5.6 Vouchers are provided to the Customer as follows:

- by e-mail

6) Retention of Title

If the Seller makes advance performance, he retains title to the delivered goods until full payment of the purchase price owed.

7) Liability for Defects (Warranty)

Unless otherwise provided in the following provisions, the statutory provisions on liability for defects apply. Notwithstanding this, the following applies to contracts for the delivery of goods:

7.1 If the Customer acts as an entrepreneur,

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

7.2 The above-regulated limitations of liability and shortenings of the limitation period do not apply

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

7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any statutory right of recourse that may exist remain unaffected.

7.4 If the Customer acts as a merchant within the meaning of § 1 HGB, he is subject to the commercial duty to inspect and give notice of defects pursuant to § 377 HGB. If the Customer fails to comply with the notification obligations regulated therein, the goods are deemed approved.

7.5 If the Customer acts as a consumer, he is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the Seller thereof. If the Customer fails to do so, this has no effect whatsoever on his statutory or contractual defect claims.

8) Liability

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

8.1 The Seller is liable without limitation on any legal ground

  • in the case of intent or gross negligence,
  • in the case of intentional or negligent injury to life, body or health,
  • on the basis of a guarantee promise, unless otherwise regulated in this regard,
  • on the basis of mandatory liability such as under the Produkthaftungsgesetz.

8.2 If the Customer acts as a consumer domiciled in Germany or as an entrepreneur, the following limitations of liability apply:

If the Seller negligently breaches a material contractual obligation, his liability is limited to the foreseeable damage typical for the contract, unless he is liable without limitation pursuant to the preceding clause. Material contractual obligations are obligations which the contract, according to its content, imposes on the Seller for the achievement of the purpose of the contract, the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the Customer may regularly rely. In all other respects, liability of the Seller is excluded, unless he is liable without limitation pursuant to the preceding clause.

8.3 The above liability provisions also apply with regard to the liability of the Seller for his vicarious agents and legal representatives.

9) Redemption of Promotional Vouchers

9.1 Vouchers that are issued free of charge by the Seller within the framework of promotional campaigns with a certain period of validity and that 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 campaign, insofar as a corresponding restriction arises from the content of the Promotional Voucher.

9.4 Promotional Vouchers can only be redeemed before completion of the ordering process. Subsequent offsetting is not possible.

9.5 Only one Promotional Voucher can ever be redeemed per order.

9.6 If the Promotional Voucher relates to a specific value and not to a percentage price reduction, the value of the goods must correspond at least to the amount of the Promotional Voucher. Any remaining credit is not 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 chosen to settle the difference.

9.8 The credit of a Promotional Voucher is neither paid out in cash nor does it bear interest.

9.9 The Promotional Voucher is not refunded if the Customer returns the goods paid for in whole or in part with the Promotional Voucher within the framework of his 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 ignorance of the lack of entitlement, the legal incapacity or the lack of authority to represent of the respective holder.

10) Redemption of Gift Vouchers

10.1 Vouchers that can be purchased via the Seller’s online shop (hereinafter "Gift Vouchers") can only be redeemed in the Seller’s online shop, unless otherwise stated on the voucher.

10.2 Gift Vouchers and remaining credit of Gift Vouchers are redeemable until the end of the third year after the year of the voucher purchase. Remaining credit is credited to the Customer until the expiry date.

10.3 Gift Vouchers can only be redeemed before completion of the ordering process. Subsequent offsetting is not possible.

10.4 Gift Vouchers can only be used for the purchase of goods and not for the purchase of further Gift Vouchers.

10.5 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 chosen to settle the difference.

10.6 The credit of a Gift Voucher is neither paid out in cash nor does it bear interest.

10.7 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 ignorance of the lack of entitlement, the legal incapacity or the lack of authority to represent of the respective holder.

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. In the case of consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.

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

12) Code of Conduct

- The Seller has submitted to the terms of participation for the eCommerce initiative „Fairness im Handel“, which are viewable on the internet at https://www.fairness-im-handel.de/teilnahmebedingungen/.

13) Alternative Dispute Resolution

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