§ 1 Scope

(1) These General Terms and Conditions (hereinafter: “GTC”) apply to all contracts concluded between us via our online shop

Marc Julian Bonnet
CUBELETICS
Herbertstraße 35
70439 Stuttgart
Tel.: +49 711 99310201
Email: [email protected]

and you as our customer.

(2) The General Terms and Conditions apply regardless of whether you are a consumer or an entrepreneur.

a) You are a consumer if you conclude a contract with us for purposes that cannot be predominantly attributed to your commercial or independent professional activity.

b) On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or independent professional activity.

(3) The following General Terms and Conditions apply exclusively to the business relationship between you and us in the version valid at the time the contract was concluded. Differing conditions from the customer will not be recognized unless we expressly agree to their validity in writing.

§ 2 Conclusion of contract

(1) The presentation and promotion of goods in our online shop does not constitute a binding offer to conclude a purchase contract.

(2) You can select goods from our range, in particular our product Cubeletics, and collect them in a so-called shopping cart using the “Add to shopping cart” button.

(3) Using the “Buy Now” button, you submit a binding application to purchase the goods in your shopping cart. You can view and change your entries at any time before submitting the order. You can print out and save the linked terms and conditions via your browser.

(4) After sending the order, we will send you an automatic confirmation of receipt by email in which your order, your personal data and these General Terms and Conditions are listed again and which you can print out using the “print” function or use the “save” function “can save. The automatic confirmation of receipt only documents that we have received your order and does not constitute acceptance of your application. The contract is only concluded by submitting the declaration of acceptance, which we send in a separate email (order confirmation), or by delivering the goods .

(5) If delivery of the goods you have ordered is not possible, for example because the goods in question are not in stock, we will not issue a declaration of acceptance. In this case, a contract is not concluded. We will inform you of this immediately and immediately refund any consideration already received.

(6) We do not save the contract text. Only the German language is available for concluding the contract.

§ 3 Right of withdrawal

(1) If you are a consumer i. S.d. § 13 BGB (see definition in § 1 paragraph 2 lit. a), you are entitled to the following right of cancellation.

(2) Cancellation policy

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reasons. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the last goods.

In order to exercise your right of withdrawal, you must contact us

Marc Julian Bonnet
CUBELETICS
Herbertstraße 35
70439 Stuttgart
Tel.: +49 711 99310201
Email: [email protected]

inform you of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or email). You can use the attached sample cancellation form , although this is not mandatory.

In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.

Consequences of revocation

If you cancel the contract, we will have to pay to you all payments received from you under the canceled contract for the goods purchased, including delivery costs (except for any additional costs arising from you choosing a different type of delivery as the cheapest standard delivery offered by us), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment. We may refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier.

You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of your cancellation of this contract. The deadline is met if you send the goods before the fourteen day period has expired.
You bear the direct costs of returning the goods.
You are only liable for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functionality of the goods.

§ 4 Delivery conditions and reservation of advance payment

(1) We are entitled to make partial deliveries if this is reasonable for you.

(2) If no or no different delivery time is specified for the respective goods in our online shop, the delivery period is three (3) to five (5) working days. It begins – subject to the regulation in paragraph 3 – with the conclusion of the contract.

(3) For orders from customers with a place of residence or business abroad or if there are reasonable indications of a risk of non-payment, we reserve the right to only deliver after receipt of the purchase price including shipping costs (advance payment reservation). If we make use of the advance payment reservation, we will inform you immediately. In this case, the delivery period begins with payment of the purchase price and shipping costs.

§ 5 Prices and shipping costs

(1) All prices in our online shop are gross prices including statutory sales tax and do not include any applicable shipping costs.

(2) The corresponding shipping costs are stated in our online shop. The price including sales tax and applicable shipping costs will also be displayed in the order form before you submit the order.

(3) If we fulfill your order through partial deliveries in accordance with Section 4 Paragraph 1, you will only incur shipping costs for the first partial delivery. If the partial deliveries are made at your request, we will charge shipping costs for each partial delivery.

(4) The goods are dispatched by post. We bear the shipping risk if the customer is a consumer.

§ 6 Terms of payment and offsetting and right of retention

(1) You can transfer the purchase price and shipping costs to our account specified in the online shop, give us a SEPA direct debit mandate, pay by credit card, PayPal, Sofortüberweisung or Giropay.

(2) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined according to the calendar, the customer is already in default by missing the deadline. If the customer, who is a consumer, is in default, he or she must pay interest on arrears amounting to 5 percentage points above the base interest rate. If the customer, who is an entrepreneur, is in default, he or she must pay interest on arrears amounting to 9 percentage points above the base interest rate.

(3) The customer’s obligation to pay default interest does not exclude our assertion of further damages caused by default.

(4) You are not entitled to offset our claims unless your counterclaims have been legally established or are undisputed. You are also entitled to set off against our claims if you assert complaints about defects or counterclaims from the same purchase contract.

(5) As a buyer, you may only exercise a right of retention if your counterclaim arises from the same contractual relationship.

§ 7 Retention of title

The delivered goods remain our property until the purchase price has been paid in full.

§ 8 Warranty

(1) We are liable for material or legal defects in delivered items in accordance with the applicable legal regulations, in particular §§ 434 ff. BGB. The limitation period for statutory claims for defects is two (2) years and begins with delivery of the goods. For entrepreneurs, the warranty obligation for goods delivered by us is twelve (12) months.

(2) Any seller guarantees given by us for certain items or manufacturer guarantees granted by the manufacturers of certain items occur in addition to the claims for material or legal defects within the meaning of paragraph 1. Details of the scope of such guarantees can be found in the guarantee conditions that may be attached to the items enclosed. All other descriptions of the goods that do not explicitly say “warranty conditions” are merely service descriptions and not guarantees.

§ 9 Liability

(1) We are liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of wasted expenses.

(2) In other cases, unless otherwise stipulated in paragraph 3, we are liable only for the breach of a contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on whose compliance you as a customer can regularly rely (so-called cardinal obligation), limited to compensation for foreseeable and typical damage. In all other cases, our liability is excluded, subject to the provisions in paragraph 3.

(3) Our liability for damages resulting from injury to life, body or health and under the Product Liability Act remains unaffected by the above liability limitations and exclusions.

§ 10 Copyrights

We have copyright to all images, films and texts published in our online shop. Any use of the images, films and texts is not permitted without our express consent.

§ 11 Applicable law and place of jurisdiction

(1) The law of the Federal Republic of Germany applies, excluding the conflict of laws and the UN Convention on Contracts for the International Sale of Goods. The legal regulations regarding the restriction of the choice of law and the applicability of mandatory regulations, in particular of the state in which the customer, who is a consumer, has his habitual residence, remain unaffected by the choice of law made in sentence 1.

(2) If you are a merchant and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction is our registered office in Heidelberg. Otherwise, the applicable legal provisions apply to local and international jurisdiction.