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General terms and conditions

1. Scope

The following General Terms and Conditions (GTC) apply to all orders placed via our online shop by consumers and traders.

"Consumer" means an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession; "trader" means a person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf.

For traders the following applies: If the trader uses conflicting or supplementary General Terms and Conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly agreed to them.

2. Contractual partner, formation of contract, correction facilities

The contract is concluded with Kapten & Son GmbH.

The presentation of the products in the online shop does not constitute a legally binding offer, but rather, a non-binding online catalogue. You may initially place our products into the shopping basket without obligation and check your entries at any time prior to submitting your binding offer, by using the correction aids provided and explained for this in the ordering process. By clicking on the ordering button, you are submitting a binding offer to buy the products contained in the shopping basket. The confirmation of receipt of your order will take place by e-mail directly after sending the order.

We will accept your offer within two days

- by sending you a notice of acceptance in a separate e-mail or
- if applicable, by having the payment transaction processed by our service provider or the selected payment service provider. The time of processing of the transaction depends on the respective payment method selected (see below under "Payment").

The relevant alternative for you is determined by which of the listed events occurs first.

3. Contract language, saving of the contract text

The language(s) available for concluding the contract: German, English, French, Dutch, Spanish, Italian

We save the text of the contract and forward the order data and our General Terms to you by e-mail. The text of the contract cannot be accessed via the internet for security reasons.

4. Delivery conditions

All prices include VAT. We deliver free of charge.

We only dispatch goods en route; pick up by the customer is not possible.

5. Payment

The following payment methods are basically available in our online shop.

Credit Card

With the submission of the order, you are sending us your credit card details at the same time. Your card will be charged immediately after placing your order.

PayPal

In order 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, legitimise yourself with your access data and confirm the payment instruction. The payment transaction will be processed by PayPal after placing the order. You will receive further instructions during the ordering process.

PayPal may offer registered PayPal customers further payment modalities in the customer account selected according to its own criteria. However, we have no influence on the offering of these modalities; further individually offered payment modalities affect your legal relationship with PayPal. You can find more information on this in your PayPal account.

SOFORT by Klarna

In order to pay the invoice amount via the payment service provider Sofort GmbH,Theresienhöhe 12, 80339 Munich, Germany, you must have a bank account activatedfor online banking, identify yourself accordingly and confirm the payment instruction.Your account will be charged immediately after placing the order. You will receivefurther instructions in the ordering 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 to consumers. Unless otherwise specified below, payment via Klarna requires a successful address and credit check and is made directly to Klarna. Further information is provided with the respective payment option and in the ordering process.

 Purchase on account via Klarna

The invoice amount is due 14 days after shipping the goods and receipt of the invoice.

 Direct debiting via Klarna PayNow

You grant Klarna a SEPA direct debit mandate. Klarna will inform you about the date of charging your account (so-called prenotification). The account will be charged after the goods have been sent out.

iDeal

iDEAL is an e-commerce payment system used for online banking in the Netherlands. It is an online payment method that allows consumers to pay online through their own bank. Address: Currence iDEAL B.V. T.a.v. Data Protection Officer Postbus 83073 1080 AB Amsterdam.

6. Right to cancel

Consumers are entitled to the statutory right to cancel, as described in the instructions on the right to cancel. Traders are not granted any voluntary right to cancel.

7. Warranty and guarantees

7.1 Liability for defects

We are under a legal duty to supply products that are in conformity with this contract. Statutory warranty rights apply. Information on any additional guarantees and their precise conditions that may apply can be found next to the product or on distinct information pages in the online shop, if applicable.

7.2 Guarantees and customer service

Information on any additional guarantees that may apply and their exact conditions

can be found with the product and on special information pages in the online shop.

Customer service: You can reach our Customer Care Team here:

Mondays - Fridays 9:00 - 18:00 h and Saturdays 10:00 - 14:00 h

8. Liability

We shall in any case be liable without limitation for claims due to damages that have been caused by us, our legal representatives or legal agents

- for injury to life, limb or health
- for deliberate or grossly negligent breach of duty
- for guarantee commitments, where agreed
- insofar as the scope of application of the Consumer Rights Act 2015 is open

- in relation to any other liability, including any liabilities under sale of goods or supply of services legislation, that may not by applicable law be excluded or limited.

For breach of material contractual obligations, the fulfilment of which make the proper execution of the contract possible at all and which the contracting parties may generally rely on and trust in being complied with, due to slight negligence by us, our legal representatives or legal agents, the amount of liability is limited to the foreseeable damages at the time of contract conclusion, the occurrence of which must typically be anticipated. Ceteris paribus, claims for compensation for damages are excluded.

9. Agreement on the use of Trusted Shops Buyer Protection

You can insure orders placed with us up to an order value of GBP 2,500 free of chargevia the buyer protection of Trusted Shops AG. The Trusted Shops buyer protectionconditions apply, which you can find here. The buyer protection is concluded byclicking on the correspondingly designated button of the so-called Trustcard, whichappears as a pop-up on the order thank-you page after an order has been placed. Ifyou are already registered for buyer protection, your order will be automaticallyprotected (automatic buyer protection) without you having to click on the button. Inorder to be able to offer you (automatic) buyer protection, the Trustcard must accessorder data stored in the cache of your browser. For this purpose, a hash value of youre-mail address as well as the order number and order total are transmitted to TrustedShops. If you are already registered for buyer protection, your order is automatically protected. If you are not yet registered for buyer protection, you can register via theTrustcard as described above. Information on data protection at Trusted Shops isattached to the Buyer Protection Terms and Conditions linked above.

10. Online dispute resolution

The European Commission provides a platform for online dispute resolutions (ODR)which can be accessed at https://ec.europa.eu/consumers/odr/. We are neitherobligated nor willing to participate in dispute settlement proceedings before a disputeresolution body.

11. Final provisions

If you are a trader, German law applies, to the exclusion of the UN Sales Convention.

If you are a "Kaufmann" within the meaning of the German Commercial Code (HGB), public-law legal entity or special public-law fund, the exclusive legal jurisdiction for all disputes from contractual relationships between us and you is our registered office.