General terms and conditions

General Terms and Conditions

1. Scope

These General Terms and Conditions apply to all deliveries by Cafufo Europe B.V. (“CAFUFO”) to consumers.

A consumer means any natural person who enters into a legal transaction for purposes that are predominantly outside their trade or self-employed profession (§ 13 German Civil Code, BGB).

2. Parties

The sales contract is signed by Cafufo Europe B.V., Kinkerstraat 51 A1, 1053DE Amsterdam, The Netherlands, registered with the Netherlands Chamber of Commerce (KVK) Amsterdam, The Netherlands, No. 83339841. Managing Director: Mr Philipp Lehr.

3. Conclusion of the Contract

· The presentation of products in the online store does not constitute a legally binding contract, but rather an invitation to place an order.

· All products displayed on the platform are offered subject to availability. In other words, a product displayed on the platform may no longer be available for purchase, although we make every effort to ensure that we update product availability on the platform.

· Minor variations in colour and other variations in products are possible and stem from differences in how the image was captured and how electronic displays reflect the colours, or otherwise. CAFUFO will not be liable for such deviations and variations. The consumer cannot hold CAFUFO to typographical errors, product descriptions or obvious mistakes on the platform.

· By clicking the [BUY NOW/PAY NOW] button, you are making a binding offer to buy the item(s) on the order page. The sales contract between you and CAFUFO is concluded once we have accepted your order by sending an e-mail order confirmation immediately after we receive the order.

4. Right of Withdrawal

· If you are a consumer (i.e. a natural person who places the order for a purpose that is outside your trade or self-employed profession), you have a right of withdrawal as set out in statutory provisions.

· If you, as a consumer, make use of your right of withdrawal pursuant to section 4.1, you will have to pay the standard return shipping costs.

· In all other respects, your right of withdrawal is subject to the provisions set out in detail below:

4.1 Information about Withdrawal from the Contract

Right of Withdrawal

You have the right to withdraw from this contract within fourteen (14) days for any reason.

The withdrawal period will expire after fourteen (14) days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the item(s).

·
To exercise your right of withdrawal, you must contact us [Cafufo Europe B.V., Kinkerstraat 51 A1, 1053DE Amsterdam, the Netherlands, e-mail: Support@Cafufo.com] and make an unequivocal statement (such as in a letter sent by mail or e-mail) setting out your decision to withdraw from the contract. Feel free to use the provided sample withdrawal form. If you exercise your right, we will send you confirmation of having received your withdrawal without undue delay (e.g. by e-mail).

To keep the deadline to withdraw from the contract, it is enough for you to send notification regarding the exercise of your right to withdraw from the contract before the deadline to withdraw from the contract.

4.2 Consequences of Withdrawal

If you withdraw from this contract, we will immediately refund any payment we have received from you, including delivery costs (with the exception of upcharges from choosing a different shipping and handling method than the cheaper standard one we offer), and no later than fourteen (14) days after the date on which we were informed about your decision to exercise the right to withdraw from this contract. We will refund the payment using the same payment method that you used in the original transaction, unless expressly agreed otherwise with you; in any case, you will not incur any fees in connection with this return. We may not issue a refund until we have received the item(s) back or until you have provided proof that you have returned the item(s), whichever is the earlier.
You must return or hand over the item(s) to us immediately but no later than fourteen (14) days after the day on which you notify us of your withdrawal from this contract. The deadline is met if you send back the item(s) within fourteen (14) days.
You will have to cover the direct costs of returning the item(s) on your own.
Please note that almost all ordered items come with one-time-use seals and are delivered that way. If the item(s) has/have been used, worn, washed, damaged or the item(s) no longer has/have the one-time-use seal attached, CAFUFO is not obligated to take the items back.

You will only be liable for the diminished value of the returned item(s) when such loss in value is a result of handling the item(s) in a way not necessary to establish the condition, properties and features of the item(s).

– End of Information about Withdrawal from the Contract –

5. Prices and Shipping Rates

· The prices displayed on the product pages include any applicable sales taxes (VAT) and other price components.

· In addition to the displayed prices, we charge a 6 EUR flat-rate shipping fee for each order for deliveries within Germany. For shipments to other EU countries, we charge a 12 EUR flat-rate fee for each order.

· The shipping costs will be clearly communicated to you on the product pages, in the shopping cart and again on the order page.

6. Delivery

· We use DHL as our carrier.

· The delivery time is usually 3 days. Actual delivery times are subject to change.

7. Payment

· The methods of payment we accept are displayed in the footer of our online store.

8. Retention of Title

· We retain ownership of the item(s) until payment has been received in full.

9. Dispute Resolution

· The European Commission provides a platform for online dispute resolution. The platform aims to be a practical tool to settle disputes about contractual obligations arising from online purchases without the need for court proceedings. More information is available at: http://ec.europa.eu/consumers/odr. We are neither willing, nor obligated, to take part in a dispute resolution process before a consumer arbitration board.

10. Miscellaneous

· This contract shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, without giving effect to the provisions of international private law.

· The courts of Düsseldorf, Germany will have exclusive jurisdiction to adjudicate any dispute arising under or in connection with this sales contract, unless otherwise stipulated by law.

· The translation of the General Terms and Conditions is for the convenience of the users only but has no legal effect. The German version shall be authoritative.

General Terms and Conditions APPENDIX 1

Sample withdrawal form

To:

Cafufo Europe B.V.

Kinkerstraat 51 A1

1053DE Amsterdam

The Netherlands

I/We* hereby declare that I/we* am/are withdrawing from my/our* sales contract for the item(s) listed below:

______________________________________________________________

_____________________________________________________________

Order date*/Delivery date*:

______________________________________________________________

Customer name(s) and order number:

______________________________________________________________

Address of the customer(s):

______________________________________________________________

_____________________________________________________________

______________________________________________________________

Date/signature of the customer(s) (only for hard copy)

______________________________________________________________

(*) Please delete as applicable.