Terms and conditions

Terms and conditions for the LJH Group GbR online shop

1. General provisions

   1. These terms and conditions apply to all contracts concluded with customers (the CUSTOMER) through the online shop operated at cascasoriginals.com by LJH Group GbR, Obere Lagerstraße 17, 82178 Puchheim (CASCAS).
   2. These terms include special provisions for customers acting as traders within the meaning of section 14 of the German Civil Code (BGB), referred to below as BUSINESS CUSTOMERS. These provisions expressly refer to BUSINESS CUSTOMERS and do not apply to transactions with consumers within the meaning of section 13 BGB.
   3. CASCAS does not accept any differing terms and conditions of the CUSTOMER unless CASCAS has expressly agreed to them in writing.

2. Formation of the contract

   1. The CUSTOMER may place products in the shopping cart by clicking the relevant button and begin checkout by opening the cart. During checkout, the CUSTOMER must enter the contact details required for delivery and payment and complete the order by clicking “Buy now”.
   2. Input errors, including products accidentally placed in the cart, can be corrected by changing the quantity or using the available cart controls. During checkout, the CUSTOMER can return to the relevant step using the browser’s forward and back buttons to correct input errors.
   3. Product listings in the CASCAS online shop are a non-binding invitation to place an order. By submitting an order, the CUSTOMER makes a binding offer to purchase the products in the cart. CASCAS will promptly send an automated email acknowledging receipt of the order. This automated order acknowledgement does not itself establish a contract. After checking stock availability, CASCAS will accept the CUSTOMER’s offer by a separate acceptance email or by sending the goods within five days or three working days of the order. The purchase contract is formed only upon that separate acceptance or receipt of the goods within the stated period. Issuing an invoice is equivalent to a declaration of acceptance.
   4. The purchase contract is concluded with LJH Group, Obere Lagerstraße 17, 82178 Puchheim, Germany.
   5. The language of the contract is German.

3. Storage of the contract

   CASCAS stores the text of the contract. Order details are sent separately to the CUSTOMER in text form by email. These terms can also be viewed and printed in the online shop.

4. Right of withdrawal

   Consumers generally have a statutory right of withdrawal. The legal provisions governing any applicable right of withdrawal are set out exclusively in the withdrawal instructions available to the CUSTOMER during checkout.

5. Prices and shipping costs

   1. The prices displayed in the online shop on the date of the order apply.
   2. Prices are stated in euros and include statutory VAT.
   3. Bundle discounts and promotional offers apply only if the conditions of the relevant promotion are met. If one or more items from a discounted bundle are returned, the discount will be recalculated based on the items the CUSTOMER keeps. If those items no longer meet the original conditions of the bundle or promotional discount, the refund may be reduced accordingly. The statutory right of withdrawal is unaffected.
   4. For goods delivered by parcel or otherwise by post, the displayed prices do not include packaging and postage. Shipping costs are calculated dynamically during checkout and displayed in the cart summary before the order is placed.
   5. We offer free shipping subject to the conditions described on our shipping information page.
   6. For cross-border deliveries, the CUSTOMER may have to pay additional taxes, for example on an intra-Community acquisition, and/or charges such as customs duties.

6. Payment terms

   1. CASCAS accepts only the payment methods offered during checkout. The CUSTOMER chooses their preferred method from those available.
   2. To pay by instant bank transfer (Klarna Sofort), provided by Klarna Group — Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden — the CUSTOMER must have an enabled online banking account using a PIN/TAN system. At the end of checkout, the CUSTOMER is asked to enter their account number, bank sort code, PIN and TAN in the form prefilled by CASCAS with the bank details, transfer amount and payment reference. The transaction is then confirmed immediately. Further information: https://www.klarna.com/sofort/.
   3. When paying by credit card, the CUSTOMER authorises the full invoice amount, including any delivery and shipping costs, to be charged through the relevant card company when due by providing their card details. At the end of checkout, the CUSTOMER enters the card number, expiry date and security code. Depending on the amount or type of delivery, the card issuer’s website may request a second authentication factor. The CUSTOMER must then verify payment using a personal second factor such as a password, PIN, TAN, or biometric data such as a fingerprint or facial scan through a dedicated app. The method used depends on the payment provider, for example the CUSTOMER’s card issuer. The charge is initiated with the order confirmation. Further information is available from the card provider.
   4. To pay using PayPal, provided by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg, the CUSTOMER normally needs a PayPal account and must authenticate with their PayPal credentials, complete the payment process and confirm payment to CASCAS. PayPal also allows payment without a user account, subject to the terms available for its guest checkout. If the CUSTOMER selects card payment through PayPal, the card issuer may request a second authentication factor depending on the amount or type of delivery. The CUSTOMER must verify payment using a personal second factor such as a password, PIN, TAN or biometric identification through a dedicated app. Further information: https://www.paypal.com/de/webapps/mpp/home.
   5. Payment by Klarna invoice
      1. If the BUYER chooses payment by invoice, the invoice amount must be paid to Klarna AB, Sveavägen 46, 111 34 Stockholm, Sweden (KLARNA), within fourteen days of the invoice date.
      2. An invoice fee of EUR 3.25 applies to cart values up to EUR 100. A further EUR 3.25 is charged for each additional EUR 100 or part thereof.
      3. The CUSTOMER must provide KLARNA with their complete delivery and billing addresses.
      4. In the event of late payment, KLARNA may charge default interest under section 288 BGB and reserves the right to claim greater losses caused by the delay. The CUSTOMER may demonstrate that the actual loss was lower.
      5. The CUSTOMER may convert the invoice amount into a flexible instalment purchase by paying KLARNA at least one twenty-fourth of the invoice amount, subject to a minimum payment of EUR 6.95.
      6. KLARNA will state the minimum instalment on the invoice.
      7. For amounts of EUR 200 or more, the CUSTOMER must conclude a separate instalment purchase agreement with KLARNA. KLARNA will send the required documents by post after receiving the partial payment. Relevant information and terms are available at https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/account.
      8. If the CUSTOMER does not wish to convert to flexible instalments, they must inform KLARNA in text form within ten days of the payment.
      9. CASCAS and/or KLARNA may carry out a credit check to the extent permitted by law and taking account of both parties’ legitimate interests. They reserve the right to exclude certain payment methods based on its results. Further details are set out in the CASCAS privacy policy.
   6. BUSINESS CUSTOMERS within section 14 BGB may set off claims only if their counterclaims have been finally established by a court, are undisputed or acknowledged by CASCAS, or arise from the same legal relationship as the opposing claim. This restriction does not apply to consumers within section 13 BGB.

7. Delivery and shipping — calculating delivery dates

   1. Unless otherwise agreed with the CUSTOMER, goods sent by parcel or otherwise by post are delivered by a postal or transport service, such as parcel, small parcel, letter or freight carrier, to the delivery address given in the order.
   2. Delivery to parcel lockers (Packstationen) is not possible.
   3. Delivery times are stated separately on each product detail page.
   4. For payment in advance, the delivery period stated on the product page begins on the working day after the CUSTOMER instructs their bank to make payment. For all other payment methods, it begins on the working day after the contract is formed.
   5. For deliveries to BUSINESS CUSTOMERS, the risk of accidental loss or deterioration passes when the goods are handed to the customer or an authorised recipient; for a sale involving shipment, it passes when the goods are handed to a suitable carrier. For deliveries to consumers, this risk passes when the goods are handed to the consumer, in accordance with section 446 BGB. For the purpose of risk transfer, a CUSTOMER’s default in accepting delivery is equivalent to handover.
   6. Orders may be placed by customers from throughout the European Economic Area and any additional countries listed in the online shop and/or shipping table. Orders are delivered only to Germany and any additional countries listed there.
   7. CASCAS will promptly inform the CUSTOMER of delivery delays.
   8. If the carrier returns the goods to CASCAS because delivery to the CUSTOMER was not possible, the CUSTOMER bears the cost of reshipping. This does not apply if the CUSTOMER exercised an applicable right of withdrawal when refusing delivery, was not responsible for the circumstances preventing delivery, or was temporarily unable to accept the offered delivery, unless CASCAS had given reasonable advance notice of it.

8. Retention of title

   1. CASCAS retains ownership of the goods until the purchase price has been paid in full.
   2. Until the secured claims have been paid in full, the CUSTOMER may not pledge the goods to third parties or transfer them as security. The CUSTOMER must promptly notify CASCAS in text form of any third-party claims against or seizure of the goods.
   3. If the CUSTOMER breaches the contract, particularly by failing to pay when due, CASCAS may withdraw from the contract in accordance with statutory provisions and demand return of the goods under its retention of title and withdrawal rights. For overdue payments, CASCAS may exercise these rights only after an appropriate payment deadline has expired without success, unless setting such a deadline is unnecessary under statutory provisions.

9. Warranty, liability for defects and duty to report defects

   1. Statutory provisions govern rights relating to defects in the purchased goods.
   2. Claims for defects by BUSINESS CUSTOMERS who are merchants under the German Commercial Code (HGB) require them to have properly fulfilled their inspection and notification duties under section 377 HGB in text form within fourteen calendar days of receiving the goods. This duty does not apply to consumers within section 13 BGB.
   3. The limitation period for defect claims by BUSINESS CUSTOMERS is twelve months from the transfer of risk. This shortened period does not apply to consumers within section 13 BGB.

10. Liability

    1. Outside warranty law, these provisions govern the CUSTOMER’s claims against CASCAS for damages or reimbursement of wasted expenditure, regardless of the legal nature of the claim.
    2. CASCAS’s liability is excluded on any legal basis unless the damage was caused intentionally and/or through gross negligence by CASCAS, its employees, representatives or persons acting on its behalf. Any exclusion or limitation also applies to their personal liability. CASCAS’s liability under the German Product Liability Act remains unaffected (section 14 ProdHG).
    3. CASCAS is liable under statutory provisions for damage arising from injury to life, body or health caused by an intentional, grossly negligent or negligent breach of duty by CASCAS, its legal representatives or persons acting on its behalf.
    4. If CASCAS negligently breaches an essential contractual obligation, liability is limited to the loss typically foreseeable under the contract. An essential or cardinal obligation is one whose fulfilment makes proper performance of the contract possible and on whose observance the CUSTOMER regularly relies and is entitled to rely.

11. Data storage and privacy

    The data protection provisions in the privacy policy at www.cascasoriginals.com apply exclusively.

12. Notice under Article 14 of the ODR Regulation

    1. In the event of a dispute, CUSTOMERS who are consumers within section 13 BGB may use an online dispute resolution procedure involving a recognised dispute resolution body via the EU’s “Your Europe” portal (https://europa.eu/youreurope/citizens/index_de.htm). The EU’s online dispute resolution platform is available at https://ec.europa.eu/consumers/odr/.
    2. Online dispute resolution is not a prerequisite for bringing proceedings before the competent ordinary courts. It is an alternative way to resolve disagreements arising from a contractual relationship.
    3. Other national rules on dispute resolution procedures remain unaffected by clauses 12.1 and 12.2 above.

13. Notice under section 36 VSBG

    1. CUSTOMERS who are consumers within section 13 BGB generally have the option of seeking alternative dispute resolution within the meaning of section 36 VSBG.
    2. This is not a prerequisite for bringing proceedings before the competent ordinary courts, but an alternative way to resolve contractual disagreements.
    3. CASCAS does not participate in alternative dispute resolution proceedings within the meaning of section 36 VSBG.

14. Final provisions

    1. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
    2. For consumers entering into a contract for purposes outside their trade or profession, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of their country of habitual residence.
    3. If the CUSTOMER is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is CASCAS’s registered business address at Obere Lagerstraße 17, 82178 Puchheim, Germany.
    4. The same applies if the CUSTOMER is a BUSINESS CUSTOMER without a general place of jurisdiction in Germany, or whose residence or habitual residence is unknown when proceedings are brought. CASCAS remains entitled to bring proceedings before any other court with statutory jurisdiction.