General terms and conditions
§ 1 Scope of Application, Applicable Law
(1) Within the business contact between Kapten & Son GmbH and the customer, the following General Terms and Conditions exclusively apply.
(2) Other terms and conditions shall not apply, even if we do not separately object to their validity in individual cases, unless their validity is expressly agreed to in writing.
(3) The law of the Federal Republic of Germany applies to these terms and conditions and the entire legal relationship between the contracting parties to the exclusion of international uniform law, in particular the UN Convention on Contracts for the International Sale of Goods.
§ 2 Time of Contract Conclusion
(1) The mere presentation of Kapten & Son GmbH products in the online shop does not constitute a binding offer.
(2) Only by clicking the button “Submit your order" you give a binding order of the item(s) contained in the shopping cart. By submitting the order a bounded contract of two weeks is linked. Your possible right of revocation according to § 3 remains unaffected.
(3) The order confirmation is sent by an automated e-mail from Kapten & Son ([email protected]). With this confirmation the acknowledgement is not yet explained, unless, in the confirmation of order the acceptance is also expressly contained. A contract is not concluded until we expressly accept your offer or send you the ordered item(s).
§ 3 Right of Revocation
(1) If you are a consumer (i.e. a natural person who places the order for a purpose which can predominantly not be attributed to commercial or a self-employed professional activity), you are entitled to a right of revocation in accordance with the statutory provisions.
(2) With regard to this right of revocation we grant you the following (pre-formulated by the legislator):
Right of Withdrawal
You have the right to revoke this contract within fourteen days without giving reasons. The withdrawal period shall be fourteen days from the date on which you, or a third party other than the carrier designated by you, took possession of the item(s). In order to exercise your right of withdrawal, you must inform us, Kapten & Son GmbH, Agrippinawerft 28, 50678 Cologne, Germany, e-mail: [email protected], of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter, fax or e-mail). In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of right of revocation before the expiry of the revocation period. You can use the attached sample revocation form, which is not mandatory.
Consequences of Withdrawal
If you revoke this agreement, we will reimburse you immediately and no later than fourteen days from the date on which we receive notice of your revocation of this agreement for all payments we have received; including delivery charges (other than additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us). We will use the same means of payment used by you in the original transaction for such refund, unless expressly agreed upon, and in no event will you be charged for said refund. We may refuse to refund the payment until we have received the purchased item(s) or until you have provided evidence that you have returned the said purchased item(s), whichever is earlier. You shall return or deliver the item(s) to us immediately and in any event no later than fourteen days from the date on which you notify us of the revocation of this contract. This period will be deemed observed if you dispatch the item(s) before the expiry of the previously mentioned fourteen day period. You shall bear the direct costs of returning the item(s). You shall only be liable for any loss in value of the item(s) if such loss in value is due to the handling of the item(s) that is not necessary for testing their condition, properties and functionality.
§ 4 Prices, Payment, Maturity Date
(1) All prices quoted in our online shop within the EU are gross prices including statutory VAT. For orders outside the EU net prices are indicated. Deliveries to an address outside the EU may be subject to import duties and taxes, which are payable at the delivery address upon delivery.
(2) The shipping costs are stated in our prices in our online shop. The price, including sales tax and shipping costs, will also be displayed in the order form before you send the order.
(3) Payment can be made in advance (bank transfer), by credit card, PayPal, Amazon Payments or iDeal. If payment is made by bank transfer, the full amount must be received by us no later than fourteen days after conclusion of the contract.
(4) The invoice will be delivered together with the item(s) by post.
§ 5 Delivery
(1) The delivery takes place from the Kapten & Son GmbH warehouse to the delivery address stated by you in the order.
(2) We generally assume that a delivery of the item(s) to addresses within the Federal Republic of Germany takes about 1 - 3 business days (except prescription glasses, see §5 (4) ) in the conclusion of the contract, unless otherwise agreed or mentioned in our online shop.
(3) In the cases of items dispatched outside the Federal Republic of Germany and within Europe, delivery of immediately deliverable items regularly takes 5 - 7 business days according to our experience. For shipments outside Europe, the delivery time depends on the shipping method (airmail / land / shipping) and the destination. Additional restrictions can result based on information in our online shop.
(4) The delivery of prescription glasses takes between 3 - 14 business days after receipt of the order.
(5) Please note that all information regarding shipping or delivery is non-binding and does not represent any contractual assurances.
(6) If we at Kapten & Son GmbH are not able to deliver your ordered item(s) through no fault of our own, because our supplier does not fulfil his contractual obligations only at short notice, we are entitled to withdraw from the contract. In this case you will be informed immediately; any payments already made or other consideration will be refunded immediately.
(7) Your other rights remain unaffected.
§ 6 Retention of Title
(1) The delivered item(s) remain the property of Kapten & Son GmbH until full payment has been made.
§ 7 Guarantee
(1) Kapten & Son GmbH grants a guarantee of 24 months from the conclusion of the contract for products sold by us. This is in addition to the legal warranty claims.
(2) Within the warranty period, we shall remedy all defects in the products free of charge, insofar as they are due to material and manufacturing defects. In such cases please contact [email protected] . We will try to contact you as soon as possible, and find a solution for your problem(s).
(3) The warranty does not apply if:
- there is damage of any kind to batteries and tapes,
- there is damage caused by improper handling and accidents (e.g. impact, fall, excessive water, scratching on the glass, damage to the glasses),
- smudges and unevenness in the material after conclusion of the contract.
(4) The guarantee expires when any technical manipulation (in particular opening of the watch or repair attempts) by you or any other person not expressly authorised by us. The warranty period shall not be extended by the claim of the warranty.
(5) If your Kapten & Son products have any defects, please submit your invoice as a receipt with the complaint.
§ 8 Liability for Defects
(1) Unless otherwise agreed, our liability for damages shall be limited to gross negligence and wilful misconduct irrespective of the type of breach of duty and including unlawful acts.
(2) Kapten & Son GmbH excludes its liability for slightly negligent breaches of duty, unless damages result in injury to life, body or health, or guarantees are affected or claims under the Product Liability Act are affected. Furthermore, the liability for the breach of obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the customer may regularly rely, remains unaffected. In the case of a purchase contract, it is, in particular, the seller's obligation to hand over the purchased item and to procure ownership of the purchased item. The above limitation of liability shall also apply to the persons whose services the seller makes use of to fulfil its contractual obligations.
(3) All limitations and exclusions of liability shall not apply to claims arising from fraudulent conduct. Furthermore, they shall not apply liability for quality features guaranteed by us and for claims under the Product Liability Act, nor to claims for damages resulting from injury to life, body or health.
(4) Insofar as our liability is excluded or limited, this shall also apply to our employees, workers, (legal oder transactional) representatives or vicarious agents.
(5) If you assert a claim for subsequent performance, we shall fulfil this claim exclusively by way of a replacement delivery.
§ 9 Kapten & Son Gift Card To Go
(1) General: Gift Cards are vouchers that you can purchase. With the purchase of a Kapten & Son Gift Card or the use of a Kapten & Son Gift Card you accept these terms and conditions ("General Terms and Conditions"). The Gift Cards can only be purchased and redeemed in the Kapten & Son Online Shop (kapten-son.com). The Kapten & Son Gift Card can be used to pay for the total value or part of the value of the item(s) selected. If the credit balance of a Kapten & Son Gift Card is not sufficient for the order, the difference can be settled with offered payment options. Our customer service will be happy to answer any questions you may have about the balance of your voucher.
(2) Delivery: You are obliged to provide a current and factual delivery address for the delivery of the Kapten & Son Gift Card. When ordering a Kapten & Son Gift Card "To Go" you are obliged to provide a working e-mail address for delivery. If the address you provide cannot be confirmed, Kapten & Son reserves the right to withhold delivery of the Kapten & Son Gift Card.
(3) Redeeming: Gift Cards can only be redeemed before completion of the order process. The credit balance of a Kapten & Son Gift Card will neither be paid out in cash nor will interest be charged on it.
If the voucher is used as a means of payment for an order, it is not possible to use a discount code for this order. Only one voucher can be redeemed per order.
(4) Validity: The Gift Card is valid for 2 years from the date of purchase. After the validity period has expired, the Kapten & Son Gift Card cannot be used for purchases or reactivated, nor can the residual value be refunded. The Kapten & Son Gift Card can be used within the two-year period until the balance is zero. The Kapten & Son Gift Card can only be redeemed in the currency in which it was purchased.
(5) Exchange: The Kapten & Son Gift Card is excluded from exchange.
(6) Return: If you use your right of withdrawal for items purchased with a Kapten & Son Gift Card, you will first receive a chargeback of the (part) amount you paid with your Gift Card to your Gift Card before other payment methods. For more information, see the "Right of Withdrawal" section.
§ 10 Special information for the "Home Try On" order option
(1) You can order up to four frames for viewing at home. The frames are not individually glazed. The order option "Home Try On" is only available for orders within Germany. A deposit must be paid for the order. We will refund the deposit, without interest, once the glasses frames are returned to us within the 10 day inspection period or within the return period of 30 days, and you do not wish to purchase them.
(2) If the option "Glasses for home fitting" is selected, we will send the selected frames as soon as possible after receipt of the deposit is paid and the delivery address, specified by you, is submitted. We bear the shipping cost(s). In all other respects, the delivery and dispatch conditions of §5 of the General Terms and Conditions apply accordingly.
(3) In the case of orders on approval, the item(s) sent for fitting shall remain our property and indirect possession. We only transfer direct ownership of the item(s) to you.
(4) You can try on and test the glasses frames ordered for fitting within a period of 10 days after receipt. The 10-day trial fitting period begins upon your receipt of the item(s) ordered for the trial fitting. The return date of the deadline for the item(s) by a transport company is predetermined. We bear the costs of the return.
(5) If the goods are not returned within the 10-day trial fitting period, this shall be deemed as approval of the goods ordered, and we shall invoice you for the goods after expiry of the 10-day trial fitting period. A liable sales contract shall be established for the non-refunded spectacles.
(6) A return of the item(s) provided for fitting is then only possible within the scope of your fourteen-day right of revocation according to § 3 of these General Terms and Conditions. The revocation or return period does not begin until the day after expiry of the 10-day trial period.
(7) During the inspection of the item(s) ordered for fitting, you must handle the item(s) with care, and are accountable for the protection of the item(s) from loss and damage. For the deterioration of the item(s), you only have to pay compensation if the deterioration is due to a handling of the item(s) that goes beyond the inspection of the properties and functionality. Testing the properties and functionality means testing and trying out the respective item(s) as is possible and customary in a retail shop.
(8) The customer is obliged to provide us with a deposit as security for the item(s) ordered for fitting, which is to be paid as follows:
a) Credit card: When paying by credit card, we reserve the deposit of 25€ per pair of glasses. However, the deposit amount will only be charged to the credit card account if one or more of the item(s) ordered for fitting are not returned within the 10-day trial period.
b) Paypal: The customer must pay us a deposit of 25€ per pair of glasses before the item(s) ordered for the trial fitting are sent.
c) Prepayment: The customer has to pay us the deposit of 25€ per pair of glasses before the item(s) ordered for the trial fitting are sent.
d) Immediate banking: The customer must pay us the deposit of 25€ per pair of glasses before the item(s) ordered for the trial fitting are sent.
(9) We do not pay interest on the deposit. The deposit is due for repayment after receipt of the return shipment and after inspection of the returned item(s) for damage. We reserve the right to set off refund claims against claims for damages in the event that you cannot return the glasses to us or can only return them in a damaged condition and you are responsible for the damage or loss.
§ 11 Other Provisions
(1) As far as permissible, the exclusive, also international, place of jurisdiction for legal actions against Kapten & Son GmbH is 50678 Cologne. We reserve the right to file suit against the customer at any other location.
(2) The assignment of claims against us is only permissible with our prior written consent.
(3) Offsetting against our claims is only permissible if your counterclaims have been legally established, are undisputed or have been acknowledged by us. In addition, you shall also be entitled to set off against our claims if you make a notice of defects or assert counterclaims from the same purchase contract.
(4) You are only entitled to a right of retention if your counterclaim originates from the same purchase contract.
(5) Legally relevant declarations and notifications which are made by you to us after conclusion of the contract (e.g. setting of deadlines, notifications of defects, declaration of withdrawal or reduction) must be made in writing in order to be effective.
(6) Should individual provisions of the contract with the buyer, including these General Terms and Conditions, be or become invalid in whole or in part, or should a loophole become apparent, this shall not affect the validity of the remaining provisions. In place of the ineffective contractual provision or to fill the gap, a legally effective replacement provision shall replace the ineffective provision, which takes into account or comes as close as possible to the will of the parties recognisable from the contract and the General Terms and Conditions, the economic meaning and the purpose of the deleted provision.
(7) Amendments and supplements to these Terms and Conditions and/or the remaining contractual relationship must be made in writing; this also applies to the waiver of the written form.