Terms of service
General Terms and Conditions (GTC) and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
1. The following terms and conditions apply to contracts concluded between you and us as the provider (casa far niente GmbH) via the website https://www.casa-farniente.com. Unless otherwise agreed, the inclusion of any of your own terms is hereby expressly rejected.
2. A “consumer” within the meaning of these provisions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activities. An “entrepreneur” is any natural or legal person or legally capable partnership who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of the Contract
1. The subject of the contract is the sale of goods.
2. By placing a product on our website, we submit a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the respective product description.
3. The contract is concluded via the online shopping cart system as follows:
• The goods intended for purchase are placed in the “shopping cart.”
• You may access and modify the shopping cart at any time via the designated button in the navigation bar.
• After clicking the button “Checkout” or “Proceed to Order” (or similar wording) and entering personal data as well as payment and shipping conditions, you will be shown the order summary.
If you use an instant payment system (e.g. PayPal Express, Amazon Pay, Sofort, giropay), you will either be redirected to the order overview page in our online shop or to the website of the respective payment provider. After completing the necessary steps there, you will be returned to our shop where the order overview will be displayed. Before submitting the order, you may review and amend your details (also via the browser “back” function) or cancel the order. By submitting the order via the corresponding button (“order with obligation to pay”, “buy now”, “pay now” or similar wording), you legally accept the offer and the contract is concluded.
4. Order processing and transmission of all information required in connection with the conclusion of the contract are carried out partly automatically by email. You must therefore ensure that the email address provided is correct and that receipt of emails is technically ensured and not prevented by spam filters.
§ 3 Right of Retention, Retention of Title
1. You may only exercise a right of retention insofar as it relates to claims arising from the same contractual relationship.
2. The goods remain our property until full payment of the purchase price.
§ 4 Warranty
1. The statutory warranty rights apply.
2. As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects, and transport damage and to notify us and the carrier as soon as possible of any complaints. Failure to do so has no effect on your statutory warranty claims.
3. Any deviation of the goods from objective requirements shall only be deemed agreed if you were informed of the deviation before submitting your contractual declaration and the deviation was expressly and separately agreed between the parties.
§ 5 Choice of Law, Place of Performance, Jurisdiction
1. German law shall apply. For consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the country of habitual residence is not withdrawn (favourability principle).
2. The place of performance for all services arising from the business relationship and the place of jurisdiction shall be our registered office, provided you are not a consumer but a merchant, legal entity under public law or special fund under public law. The same applies if you have no general place of jurisdiction in Germany or the EU or if your place of residence is unknown at the time legal proceedings are initiated. The right to bring proceedings before another legally competent court remains unaffected.
3. The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
II. Customer Information
1. Identity of the Seller
casa far niente GmbH
Johann-Dahlem-Straße 54
63814 Mainaschaff
Germany
Phone: +49 6021 704-559
Email: service@casa-farniente.com
Alternative Dispute Resolution
The European Commission provides a platform for online dispute resolution (ODR platform):
https://ec.europa.eu/odr
We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on the Conclusion of the Contract
The technical steps for concluding the contract, the conclusion itself, and correction options are governed by the provisions “Conclusion of the Contract” in our General Terms and Conditions (Part I).
3. Contract Language, Storage of Contract Text
3.1 The contract language is German.
3.2 The full contract text is not stored by us. Before submitting the order via the online shopping cart system, contract data can be printed or electronically saved using the browser’s print function. After receipt of your order, the order data, legally required information for distance contracts, and the General Terms and Conditions will be sent to you again by email.
4. Essential Characteristics of the Goods
The essential characteristics of the goods and/or services can be found in the respective product offer.
5. Prices and Payment Terms
5.1 The prices stated in the respective offers as well as shipping costs represent total prices. They include all price components including all applicable taxes.
5.2 Shipping costs are not included in the purchase price. They are accessible via a designated button on our website or in the respective offer, are shown separately during the ordering process, and must be borne by you unless free shipping has been agreed.
5.3 For deliveries to countries outside the European Union, additional costs may arise (e.g. customs duties, taxes or bank transfer/exchange rate fees), which must be borne by you.
5.4 Costs of money transfers (bank transfer or exchange rate fees) must be borne by you in cases where delivery is made to an EU Member State but payment was initiated outside the European Union.
5.5 The available payment methods are shown under a designated button on our website or in the respective offer.
5.6 Unless otherwise stated for specific payment methods, payment claims arising from the contract are due immediately.
6. Delivery Conditions
6.1 Delivery conditions, delivery time and any existing delivery restrictions can be found under a designated button on our website or in the respective offer.
6.2 If you are a consumer, the statutory provisions apply that the risk of accidental loss or deterioration of the goods during shipment passes to you only upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you independently commission a transport company not designated by the entrepreneur.
7. Statutory Warranty Rights
Liability for defects is governed by the provision “Warranty” in our General Terms and Conditions (Part I).
These General Terms and Conditions and Customer Information were prepared by legal experts specialized in IT law from Händlerbund and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and assumes liability in the event of warnings.
Further information: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service
Last updated: 22 October 2024
