1. Area of application
The business relationship between Le Cadeau and the Customer is exclusively governed by the following General Terms and Conditions in the version valid at the time of the order. Le Cadeau does not recognize deviating conditions of the orderer, unless Le Cadeau has expressly agreed to their validity in writing.
2. conclusion of contract and withdrawal
All offers of Le Cadeau are subject to confirmation. A contract between Le Cadeau and the customer is concluded by an order of the customer and the acceptance by Le Cadeau. In case of spelling, printing or calculation errors on the website, Le Cadeau is entitled to withdraw from the contract. The presentation of the products in the online store does not represent a legally binding offer, but a non-binding online catalog. By clicking the button "Send order" you place a binding order of the goods contained in the shopping cart. The confirmation of receipt of your order is sent together with the acceptance of the order immediately after sending an automated e-mail. With this e-mail confirmation, the purchase contract is concluded.
3. Delivery terms
Delivery is made by leading logistics service providers only in the territory of the FRG. Due to the exclusivity of the Le Cadeau assortment, delivery times are product-dependent. If the expected delivery date cannot be met, Le Cadeau will inform the Customer and notify the Customer of the expected delivery date. Le Cadeau is entitled to execute the order also in partial deliveries. Le Cadeau reserves the right not to execute the order if the ordered goods are not available or not available in time or not available due to lack of quality. In this case, Le Cadeau will immediately inform the customer and refund any payment already made. Le Cadeau reserves the right to deliver successor models instead of the ordered goods, provided that these also meet the agreed specifications and are not more expensive than the ordered goods.
4. right of cancellation
You can cancel your contract declaration within two weeks without giving reasons in writing (eg letter, e-mail) or by returning the goods. The period begins at the earliest with receipt of the goods and a detailed instruction in text form. To meet the revocation deadline, it is sufficient to send the revocation or the goods in time. Please address the revocation to:
Le Cadeau
Anna Frfr. v. Mirbach
Udetstraße 13
53757 Sanlkt Aiugustin
Excluded are: - Goods that are made to the customer's specification (e.g. with engraving), or - Goods that are not suitable for return due to their nature.
5. consequences of cancellation
In the event of an effective revocation, the services received by both parties shall be returned and any benefits derived (e.g. interest) shall be surrendered. If you are unable to return the goods received, or can only return them in part or in a deteriorated condition, you may be required to compensate us for the loss in value. This shall not apply to the surrender of goods if the deterioration of the goods is exclusively due to their inspection - as would have been possible for you in a store, for example. In addition, you can avoid the obligation to pay compensation by not using the goods as if they were your property and by refraining from doing anything that could impair their value. Goods that can be sent by parcel are to be returned. You have to bear the costs of the return shipment if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed an amount of 40 euros or if, in case of a higher price of the goods, you have not yet rendered the consideration or a contractually agreed partial payment at the time of the revocation. Otherwise, the return is free of charge for you. Goods that cannot be sent by parcel post will be collected from you. Obligations to refund payments must be fulfilled within 30 days after sending your notice of revocation.
6. delivery
Unless otherwise agreed, delivery shall be ex warehouse to the delivery address specified by the customer. Information about the delivery time is not binding, unless exceptionally the delivery date has been bindingly promised. Please note that we only deliver in household quantities.
7. prices, shipping costs and payment methods
The prices, shipping costs and payment methods published on the website apply.
8. default of payment
All invoices are due for payment immediately without deduction, unless explicitly agreed otherwise. If the customer is in default of payment, Le Cadeau reserves the right to charge default interest in the amount of 3% above the respective base interest rate.
9 Offsetting, Retention
The purchaser is only entitled to set-off if his counterclaims have been legally established or accepted by Le Cadeau. Furthermore, he is only entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
10 Retention of Title
The delivered goods remain the property of Le Cadeau until all claims against the purchaser have been settled in full.
11 Warranty
Le Cadeau takes over the warranty exclusively within the scope of the legal regulations. Obvious defects have to be reported in written form at the latest two weeks after receipt of the goods. In case of warranty Le Cadeau reserves the right to either replace or repair goods delivered by us that turn out to be defective. If these measures fail, the customer is entitled to reduce the purchase price paid for these goods or to cancel the order of the defective goods, at his choice.
12 Liability
Unless otherwise stated below, further claims of the purchaser -- no matter for which legal reasons -- are excluded. Le Cadeau is therefore not liable for damages that did not occur on the delivery item itself; in particular, Le Cadeau is not liable for loss of profit or for other financial losses of the purchaser. As far as the liability of Le Cadeau is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents. Possible product liability claims remain unaffected by the above limitations.
13 Assurance of properties
The assurance of characteristics requires in any case an explicit declaration of Le Cadeau. The product representations on the website can deviate in color and impression from the actual articles.
14. data protection
The personal data required to process the contract are provided by the customer. The personal data necessary for the business transaction will be stored and, if necessary, passed on to third parties in the context of the proper order processing. Le Cadeau undertakes to treat all personal data confidentially and to protect them from any unauthorized access. In addition, address data will be used exclusively by Le Cadeau for marketing purposes. By notifying Le Cadeau, you may object to the use of the data for marketing purposes at any time.
15 Jurisdiction
For all disputes arising from or in connection with the contract or these terms and conditions, the courts in Bonn have exclusive jurisdiction, provided that the customer is a merchant or a legal entity under public law, or the customer's domicile or habitual residence is either not in Germany or unknown at the time the action is filed.
16 Partial invalidity
Should one or more provisions of the contract or these terms and conditions be or become invalid or unenforceable, or be replaced by respective national law, the validity of the remaining provisions shall not be affected.
17 Applicable Law
German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction for consumers whose place of residence is not within the EU is Siegburg.