Right of Withdrawal & GTC
General terms and conditions with customer information
Table of contents
- Scope of application
- Conclusion of contract
- Right of cancellation
- Prices and terms of payment
- Terms of delivery and shipping
- Term of contract and termination of subscription contracts
- Retention of title
- Liability for defects (warranty)
- Redemption of promotional vouchers
- Applicable law
- Place of jurisdiction
- Code of conduct
- CAlternative dispute resolution
1.1 These General Terms and Conditions (hereinafter “GTC”) of Citycare24 GmbH (hereinafter “Seller”) shall apply for all agreements concerning the delivery of goods, which a consumer or contractor (hereinafter the “Customer”) concludes with the Seller with respect to the goods presented by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 A consumer, within the meaning of these GTC, is any natural person who concludes a legal transaction for purposes which cannot predominantly be attributed either to his commercial or independent professional activity. A contractor, within the meaning of these GTC, is a natural or legal entity or a partnership with legal capacity which carries out its commercial or independent professional activity on concluding a legal transaction.
1.3 Depending on the product description of the Seller, the object of the contract may be the purchase of goods for one-time supply or the purchase of goods for long-term supply (hereinafter “Subscription Contract”). In the case of subscription contracts, the Seller is obliged to supply the Customer with goods owed under the contract for the agreed duration of the contract and at the contractually agreed time intervals.
2.1 The product descriptions included in the Seller’s online shop do not represent binding offers on the part of the Seller, but rather serve to submit a binding offer by the Customer.
2.2 The Customer can submit the offer via the online order form included in the Seller’s online shop. In doing so, the Customer submits a legally binding contractual offer with regard to the goods contained in the shopping basket, after having placed the selected goods in the virtual shopping basket and completed the electronic order process by clicking on the button to do so.
2.3 The Seller can accept the Customer’s offer within five days
- by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), whereby this becomes valid upon receipt of the order confirmation by the Customer, or
- by supplying the Customer with the goods ordered, whereby this becomes valid upon receipt of the goods by the Customer, or
- by requesting payment from the Customer after it has submitted its order.
If several of the aforementioned alternatives are present, the Agreement is established at the point at which the first of the aforementioned alternatives occurs. The period for acceptance of the offer shall begin on the day after dispatch of the offer by the Customer and shall expire at the end of the fifth day following dispatch of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be considered rejection of the offer with the result that the Customer is no longer bound to its declaration of intent.
2.5 When selecting the "Amazon Payments” payment method, payment processing shall take place via the payment service provider Amazon Payments Europe s.c.a., 5 Rue Plaetis, L-2338 Luxembourg (hereinafter: “Amazon”), subject to the Amazon Payments Europe user agreement, viewable at https://payments.amazon.de/help/201751590. If the Customer selects “Amazon Payments” as the payment method as part of the online order process, it shall at the same time also issue a payment order to Amazon by clicking the button to conclude the order process. In this case, the Seller declares acceptance of the Customer’s offer at the point at which the Customer initiates the payment process by clicking on the button to complete the order process.
2.6 When submitting an offer via the Seller’s online order form, the text of the Agreement from the Seller is saved and sent in writing (e.g. email, fax or letter) to the Customer along with these GTC after the shipping of its order. The text of the Agreement is also archived on the Seller’s website and can be recalled free of charge by the Customer via its password-protected customer account by providing the appropriate login data, provided that the Customer created a customer account in the Seller’s online shop before shipping its order.
2.7 Before a binding order is submitted via the Seller’s online order form, the Customer can identify any input errors by careful reading of the information displayed on the screen. The zoom function of the browser, which magnifies the display on the screen, can be an important technical tool for better identification of input errors. The Customer can correct its input during the electronic order process via the usual keyboard and mouse functions, until it clicks the button which concludes the order process.
2.8 German is used exclusively for conclusion of the Agreement.
2.9 Order processing and contacting generally take place by email and automated order processing. The Customer must ensure that the email address entered by it for order processing is correct so that the emails sent by the Seller to this address can be received. In particular, by using SPAM filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the latter with the order processing can be delivered.
3.1 A right of cancellation is due to consumers in principle.
3.2 More detailed information about the right of cancellation can be found in the cancellation policy of the Seller.
3.3 The right of cancellation shall not apply to consumers who do not belong to any member state of the European Union at the time the Contract is concluded and whose sole residence and delivery address are outside the European Union at the time the Contract is concluded.
4.1 Unless otherwise indicated in the product description of the Seller, the prices quoted refer to the total price including statutory VAT. If applicable, any delivery and shipping costs shall also be stated separately in the respective product description.
4.2 With regard to deliveries to non-EU countries, additional costs may be incurred in individual cases which the Seller is not responsible for and which must be borne by the Customer. This includes, for example, costs for transferring money charged by financial institutions (e.g. transfer fees, exchange rate fees) or import charges and/or taxes (e.g. customs duties). Such costs may also be incurred with regard to transferring money if the delivery is not made to a non-EU country but the Customer makes the payment from a non-EU country.
4.3 The payment option/s shall be communicated to the Customer in the Seller’s online shop.
4.4 If an advance payment via bank transfer is agreed, then the payment shall be due with immediate effect following conclusion of the Agreement, unless the Parties have agreed a later due date.
4.6 When selecting the “SOFORT transfer” payment method, payment processing shall take place via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter “SOFORT”). To be able to pay the invoice amount via SOFORT transfer, the Customer must have an online banking account with PIN/TAN process enabled for participation in SOFORT transfer, must be appropriately authorised for the payment process and must confirm the payment order to SOFORT. The payment transaction shall be carried out immediately afterwards by SOFORT and the bank account of the Customer debited. The Customer can obtain more detailed information on the SOFORT transfer payment method at https://www.klarna.com/sofort/.
4.8 When selecting the direct debit via Heidelpay payment method, payment processing shall take place via the payment service provider Heidelberger Payment GmbH, Vangerowstr. 18, 69115 Heidelberg (hereinafter “Heidelpay”), to whom the Seller assigns its payment claim. Before acceptance of the Seller’s declaration of assignment, Heidelpay shall carry out a credit check using the customer data submitted. The Seller reserves the right to deny the Customer the direct debit via Heidelpay payment method in the event of a negative check result. If the direct debit via Heidelpay payment method is permitted by Heidelpay, Heidelpay shall collect the invoiced amount after receipt of a SEPA direct debit mandate, but not however before expiry of the deadline for pre-notification from the Customer’s bank account. Pre-notification shall mean any communication (invoice, policy, contract) sent to the Customer that notifies of a debit via a SEPA direct debit mandate. If the direct debit is not drawn because funds in the account are insufficient or incorrect bank details were given, or the Customer objects to the direct debit despite not being entitled to do so, the Customer must incur any fees for the chargeback to the bank in question.
The direct debit via Heidelpay payment method is not possible,
- if the order value is below the amount of 25.00 euros,
- if the delivery address given by the Customer is not identical to the billing address, especially if the delivery address given is a packaging centre or PO box, or
- if the Customer is under 18 years of age.
The Seller also reserves the right to offer the direct debit via Heidelpay payment method only up to a specified order volume and to refuse this payment method once the specified order volume has been exceeded. In this case, the Seller shall notify the Customer of this payment restriction in the payment information section of the online shop.
4.9 If the “PayPal direct debit” payment method is selected, PayPal shall collect the invoiced amount after receipt of a SEPA direct debit mandate, but not however before expiry of the deadline for pre-notification from the Customer’s bank account. Pre-notification shall mean any communication (invoice, policy, contract) sent to the Customer that notifies of a debit via a SEPA direct debit mandate. If the direct debit is not drawn because funds in the account are insufficient or incorrect bank details were given, or the Customer objects to the direct debit despite not being entitled to do so, the Customer must incur any fees for the chargeback to the bank in question.
When selecting the Klarna purchase on account or Klarna hire purchase payment method, payment occurs via Klarna AB (publ) [https://www.klarna.com/de], Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter “Klarna”). More information on Klarna purchase on account and hire purchase as well as Klarna’s terms and conditions can be found in the Seller’s payment information, under the following link:
5.1 Unless otherwise agreed, goods shall be shipped to the delivery address specified by the Customer. The delivery address specified in the Seller’s order processing is decisive for processing the transaction.
5.2 If the transport company sends the shipped goods back to the Seller because delivery to the Customer was not possible, the Customer shall bear the costs for unsuccessful shipping. This does not apply if the Customer is not responsible for the circumstance which led to the delivery not being made, or if it was temporarily prevented from accepting the offered service, unless the Seller had announced the service to it beforehand within a reasonable time. In addition, this does not apply with regard to the cost of delivery, if the Customer effectively exercises its right of cancellation. For return costs where the Customer effectively exercises its right of cancellation, the relevant provisions given by the Seller in the cancellation policy apply.
5.3 Collection by the Customer is not possible for logistical reasons.
6.1 Subscription contracts are concluded for an indefinite period and can be cancelled by the Customer at any time without any notice period.
6.2 The right to extraordinary termination with good cause is unaffected. Good cause is deemed present if the terminating party cannot be expected to continue this contractual relationship until the agreed date of termination or until the end of the termination period under consideration of all circumstances of the individual case and under careful consideration of the interests of both parties.
6.3 Termination must occur in writing or text form (e.g. by email).
If the Seller delivers in advance, it shall retain ownership of the delivered goods until full payment of the purchase price owed.
8.1 If the purchased item is defective, the provisions regarding statutory liability for defects shall apply.
8.2 Notwithstanding this, the period of limitation for defect claims on goods is one year from delivery of the goods to the Customer. The restriction of the period of limitation to one year does not however apply to
- goods which are used for a building in accordance with their normal use instructions and result in defects,
- Customer claims for damages and reimbursement of expenses, or
- cases where the Seller has fraudulently concealed the defect.
8.3 The Customer is requested to make complaints about delivered goods with obvious transport damage to the deliverer and to inform the Seller of this. If the Customer does not comply with this, this shall have no effect whatsoever on its statutory or contractual claims for defects.
9.1 Vouchers that are issued free of charge by the Seller as part of a promotion with a specific validity and which cannot be purchased by the Customer (hereinafter referred to as “Promotional Vouchers”) can only be redeemed in the Seller’s online shop and only within a specified period.
9.2 Promotional Vouchers can only be redeemed by consumers.
9.3 Individual products can be excluded from the voucher promotion provided that such a restriction is indicated on the Promotional Voucher.
9.4 Promotional Vouchers can only be redeemed before conclusion of the ordering process. Subsequent deduction is not possible.
9.5 Only one Promotional Voucher can be redeemed per order.
9.6 The order value must correspond at least to the value of the Promotional Voucher. Any remaining credit shall not be refunded by the Seller.
9.7 If the value of the Promotional Voucher is not enough to cover the order, one of the remaining payment methods offered by the Seller can be selected to settle the difference.
9.8 The balance on a Promotional Voucher shall neither be paid out in cash nor paid interest on.
9.9 The Promotional Voucher shall not be replaced if the Customer returns the goods bought with the Promotional Voucher either in full or in part as part of its statutory right to cancellation.
9.10 The Promotional Voucher is transferable. The Seller can perform its obligation with discharging effect to a given holder, who redeems the Seller’s Promotional Voucher in the online shop. This does not apply if the Seller has knowledge or the grossly negligent lack of knowledge of the ineligibility, legal incapacity or lack of right of representation of the given holder.
10.1 All legal relationships shall be governed by the laws of the Federal Republic of Germany excluding laws about the international purchase of movable goods. This choice of law shall only apply for consumers as long as the protection granted by binding provisions in the law of the state in which the consumer has habitual residence is not revoked.
10.2 In addition this choice of law shall not apply with regard to the statutory right to cancellation for consumers who do not belong to any member state of the European Union at the time the Contract is concluded and whose sole residence and delivery address are outside the European Union at the time the Contract is concluded.
If the Customer is a merchant, legal entity under public law or special asset under public law with its registered office located within the sovereign territory of the Federal Republic of Germany, the sole place of jurisdiction for all disputes arising from this Agreement shall be the Seller’s registered place of business. If the Customer has its registered office located outside of the sovereign territory of the Federal Republic of Germany, the Seller’s registered place of business shall be the sole place of jurisdiction for all disputes arising from this Contract if the Contract or claims arising from the Contract can be assigned to the professional or commercial activity of the Customer. However, the Seller is in any case entitled in all of the instances above to appeal to the court at the Customer’s registered office.
The Seller is subject to the Trusted Shops quality criteria, viewable online at: http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf.
13.1 The European Commission provides a platform for online dispute resolution (ODR), accessible via the following link: http://ec.europa.eu/consumers/odr/.
This platform serves as the contact point for extrajudicial resolution of disputes from online purchasing or service contracts in which a consumer is involved.
13.2 The Seller is neither obliged nor willing to participate in a dispute resolution process before a consumer arbitration body.