Terms and Conditions

§ 1 Basic Provisions

• The following General Terms and Conditions (hereinafter referred to as "GTC") apply to all contracts that you conclude with us as the provider (GreWaHo Dienstleistungs GmbH) via the websites: GreWaHo.group, GreWaHo.de, Al-Capone-Deutschland.de. Unless otherwise agreed, the inclusion of any of your own terms and conditions is hereby rejected.
• A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her independent professional or commercial activity.

§ 2 Conclusion of the contract via our websites

• The subject of the contract is the sale of goods.
• All information about our products, as well as their presentation and
  

representation on alcaponerum.de, does not constitute a binding offer to conclude a contract, unless expressly designated as such.

• You have the opportunity to inform yourself about our product range on the website www.alcaponerum.de.
  
• On the website www.alcaponerum.de you can request a non-binding offer as described below in § 2 (11) of these GTC. After configuring your product, you fill out the inquiry form displayed under the product. The products configured by you will be sent to us with the inquiry. You also have the option to receive a copy of the inquiry sent to us at the email address you provided by checking the box labeled "I would like to receive a copy of my inquiry by email."
  

• In our online shop, which you can access at www.alcaponerum.de, you have the option to place a binding order via the online shopping cart system.
• After selecting the products you want, you can place them in the "Shopping Cart" area. You can call up the "Shopping Cart" via the corresponding button in the navigation bar and make changes there at any time. After calling up the "Checkout" page and entering personal data as well as payment and shipping conditions, all order data will be displayed again on the order overview page.
• If you use an instant payment system (e.g. PayPal /

PayPal Express / PayPal Plus, Amazon Payments, Postpay,

Sofortüberweisung) as a payment method, you will either be directed to the order overview page in our online shop or you will first be redirected to the website of the instant payment system provider.

If you are redirected to the respective instant payment system, you make the corresponding selection or enter your data there. Finally, you will be redirected back to the order overview page in our online shop.

Before submitting the order, you have the option to review all details again, change them (also via the "back" function of the internet browser) or cancel the purchase.

By submitting the order via the "Order with obligation to pay" or "Buy now" button, you legally declare your acceptance of the offer, which concludes the purchase contract.

(d) The processing of the order and the transmission of all information required in connection with the conclusion of the contract takes place partly automatically by e-mail. You must therefore ensure that the e-mail address you have stored with us is correct, that the receipt of e-mails is technically ensured and, in particular, is not prevented by SPAM filters.

• On the website www.alcaponerum.de, you can request a non-binding offer as described below in § 2 (11) of these GTC. After configuring your product, you fill out the inquiry form displayed under the product. The products configured by you will be sent to us with the inquiry. You also have the option to receive a copy of the inquiry sent to us at the email address you provided by checking the box labeled "I would like to receive a copy of my inquiry by email."
  

• In our online shop, which you can access at www.alcaponerum.de, you have the option to place a binding order via the online shopping cart system.
  
• After selecting the products you want, you can place them in the "Shopping Cart" area. You can call up the "Shopping Cart" via the corresponding button in the navigation bar and make changes there at any time. After entering the billing and delivery address as well as the payment and shipping methods, all order data will be displayed again on the order overview page.
• Before submitting the order, you have the option to review all details again, change them (also via the "back" function of the internet browser) or cancel the purchase.

By submitting the order via the button

"Order with obligation to pay" you legally declare the

acceptance of the offer, which concludes the purchase contract.

d) If you use an instant payment system (PayPal) as a payment method, you will first be directed to the order overview page in our online shop and, after submitting your order, to the website of the instant payment system provider.

If you are redirected to the respective instant payment system, you make the corresponding selection or enter your data there.

Finally, you will be directed back to the order completion page in our online shop.

(e) The processing of the order and the transmission of all information required in connection with the conclusion of the contract takes place partly automatically by e-mail. You must therefore ensure that the e-mail address you have stored with us is correct, that the receipt of e-mails is technically ensured and, in particular, is not prevented by SPAM filters.

• On the website www.alcaponerum.de, you can request a non-binding offer as described below in § 2 (12) of these GTC. After configuring your product, you press the "direct to inquiry" button and are forwarded to the inquiry form, which you then fill out. The products configured by you will be sent to us with the inquiry.
  
• By pressing the "Request non-binding offer now" or "Request offer now" button, you send your inquiry. This does not constitute a binding contractual offer by you.
• After processing your inquiry and, if necessary, clarifying any questions with you by phone, we will send you a binding offer for the conclusion of a contract in text form to the email address you provided and, if you wish, also by post to the address you provided.

to the email address you provided and, at your request, also by post to the address you provided.

• Unless a different acceptance period is specified in our offer, you have the option to accept our offer within a period of 10 working days. After that, we are no longer bound by our offer.
• With the offer, we will send you the legally required information for distance contracts and the General Terms and Conditions.
• You have the option to accept our binding offer by telephone, post or e-mail. The contact details are shown in our offer.
• A binding contract is concluded upon receipt of your declaration of acceptance by us.
• After receiving your declaration of acceptance, we will send you an order confirmation.
• The processing of the order and the transmission of all information required in connection with the conclusion of the contract takes place partly automatically by e-mail. You must therefore ensure that the e-mail address you have stored with us is correct, that the receipt of e-mails is technically ensured and, in particular, is not prevented by SPAM filters.

§ 3 Conclusion of the contract via the e-Bay internet platform

• The subject of the contract is the sale of goods.
• If an item is listed by us on eBay, the activation of the offer page on eBay constitutes a binding offer to conclude a purchase contract under the conditions contained on the item page.
• The eBay GTC apply to the conclusion of the contract, in particular § 6, a corresponding link can be found at the bottom of every eBay page. Depending on the offer format, the conclusion of the contract is regulated as follows:

"§ 6 Offer formats and conclusion of contract

(...)

• If a seller lists an item on eBay in an auction or fixed-price format, they are making a binding offer to conclude a contract for that item. They determine a starting or fixed price and a period within which the offer can be accepted (offer duration). If the seller sets a minimum price for the auction format, the offer is subject to the condition precedent that the minimum price is reached.
• The seller can additionally provide offers in auction format with a Buy It Now function. This can be exercised by a buyer as long as no bid has been placed on the item or a minimum price has not yet been reached. eBay reserves the right to change this function in the future.

(...)

• For fixed-price items, the buyer accepts the offer by clicking the "Buy It Now" button and then confirming. For fixed-price items where the seller has selected the "immediate payment" option, the buyer accepts the offer by clicking the "Buy It Now" button and completing the immediate subsequent payment process. The buyer can also accept offers for multiple items by placing the items in the shopping cart (if available) and completing the immediate subsequent payment process.
• In the case of auctions, the buyer accepts the offer by placing a

bid. The acceptance is subject to the condition precedent that the buyer is the highest bidder after the offer period has expired. A bid expires if another buyer places a higher bid during the offer period. (...)

• In the event of premature termination of the offer by the seller, a contract is concluded between the seller and the highest bidder, unless the seller was entitled to withdraw the offer and cancel the existing bids.
• Buyers can only withdraw bids if there is a legitimate reason for doing so. After a legitimate bid withdrawal, no contract is concluded between the user who is again the highest bidder after the auction has ended due to the bid withdrawal and the seller.
• In certain categories, the seller can provide their offer with a price proposal function. The price proposal function allows buyers and sellers to negotiate the price for an item. (...)

11. If an item is deleted by eBay before the offer period expires, no valid contract is concluded between buyer and seller."

• Purchase via the "Buy It Now" or "Bid" function: Clicking the "Buy It Now" or "Bid" buttons on the item pages does not yet lead to binding contractual declarations. You still have the opportunity to check your entries and correct them via the "Back" button of the internet browser or to cancel the purchase. This option no longer exists once the binding contractual declaration has been submitted. The eBay menu navigation when making a purchase shows which declaration creates a commitment and which action leads to the conclusion of the contract.

"Buy It Now" or "Bid" buttons do not yet lead to binding contractual declarations. You still have the opportunity to check your entries and correct them via the "Back" button of the internet browser or to cancel the purchase. This option no longer exists once the binding contractual declaration has been submitted. The eBay menu navigation when making a purchase shows which declaration creates a commitment and which action leads to the conclusion of the contract.

• Purchase via the shopping cart (if offered): By clicking the "Add to Cart" button on the item pages, the goods intended for purchase are placed in the "Shopping Cart". The "Shopping Cart" will then be displayed to you. Furthermore, you can access the "Shopping Cart" via the corresponding button in the navigation bar and make changes there at any time. After calling up the "Proceed to checkout" page and selecting or entering the delivery address and payment method, all order data will be displayed again on the order overview page.

If you select "PayPal" as the payment method, you will first be directed to a PayPal log-in window. After successfully logging in to PayPal, you will be redirected to the order overview page on eBay.

Before submitting the order, you have the option to review all details again, change them (also via the "back" function of the internet browser) or cancel the purchase.

By clicking the "Buy and pay" button, you legally declare your acceptance of the offer, which concludes the purchase contract.

• Purchase via the "Price Proposal" function (if offered): With the "Price Proposal" function, you have the option to make a counter-offer by clicking the "Send Price Proposal" button on the item page, entering your price proposal on the following page, selecting the "Review Price Proposal" button and confirming the "Send Price Proposal" button on the following page (binding offer). You are bound to this price proposal for 2 days. The contract is concluded when we accept your price proposal.

"Send Price Proposal" button, entering your price proposal on the following page, selecting the "Review Price Proposal" button and confirming the "Send Price Proposal" button on the following page (binding offer). You are bound to this price proposal for 2 days. The contract is concluded when we accept your price proposal.

• The processing of the order and the transmission of all information required in connection with the conclusion of the contract takes place partly automatically by e-mail. You must therefore ensure that the e-mail address you have stored with us is correct, that the receipt of e-mails is technically ensured and, in particular, is not prevented by SPAM filters.

§ 4 Right of retention, retention of title

• You can only exercise a right of retention if it concerns claims from the same contractual relationship.
• The goods remain our property until full payment of the purchase price.
• If you are an entrepreneur, the following applies in addition:
• We reserve title to the goods until all claims arising from the ongoing business relationship have been settled in full. Pledging or transfer of ownership by way of security is not permitted before the transfer of ownership of the reserved goods.
• You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that accrue to you from the resale, and we accept the assignment.

You are also authorized to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.

• In the event of combination and mixing of the reserved goods, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.
• We undertake to release the securities due to us at your

request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is at our discretion.

§ 5 Warranty

• Statutory liability for defects applies.
• If you are an entrepreneur, the following applies in deviation from paragraph 1:
• Only our own specifications and the manufacturer's product description shall be deemed agreed as the quality of the goods, but not other advertising, public promotions and statements made by the manufacturer.
• You are obliged to examine the goods immediately and with due diligence for deviations in quality and quantity and to notify us in writing of obvious defects within 7 days of receipt of the goods; timely dispatch is sufficient to meet the deadline. This also applies to hidden defects discovered later from the time of discovery. If the obligation to inspect and give notice of defects is violated, the assertion of warranty claims is excluded.
• In the event of defects, we shall provide warranty, at our discretion, by repair or replacement delivery. If the rectification of the defect fails, you may, at your option, demand a reduction in price or withdraw from the contract. The rectification of the defect shall be deemed to have failed after the second unsuccessful attempt, unless the nature of the item or the defect or other circumstances indicate otherwise. In the event of rectification, we do not have to bear the increased costs incurred by moving the goods to a location other than the place of performance, unless the relocation corresponds to the intended use of the goods.
• The warranty period is one year from the delivery of the goods. The shortened warranty period does not apply to damages culpably caused by us from injury to life, body or health and grossly negligent or intentionally caused damages or malice, as well as recourse claims according to §§ 478, 479 BGB.

§ 6 Choice of Law, Place of Performance, Place of Jurisdiction

• German law applies. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favorability).
• The place of performance for all services arising from the business relationships existing with us and the place of jurisdiction is our registered office, unless you are a consumer, but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your domicile or habitual residence is unknown at the time the action is brought. The right to appeal to a court at another statutory place of jurisdiction remains unaffected.
• The provisions of the UN Convention on Contracts for the International Sale of Goods are expressly not applicable.

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• Identity of the seller

Kirchgasse 16

64584 Biebesheim

Phone: +49 172 7236342

Alternative dispute resolution:

The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/odr.

• Information on the conclusion of the contract

The technical steps for concluding the contract, the conclusion of the contract itself and the correction options are carried out in accordance with § 2 of our General Terms and Conditions (hereinafter referred to as "GTC", see Part I.).

• Contract language, contract text storage

3.1. The contract language is German.

3.2. You will receive all contract data within the scope of a binding offer by e-mail, which you can print out or save electronically. This offer will be stored by us. On the website www.derrollladen.de you also have the option of having the data you provided in the inquiry sent to the e-mail address you specified immediately after sending your inquiry (see § 2 (3) of our GTC).

• Essential characteristics of the goods or service

The essential characteristics of the goods and/or service can be found in the item description and the supplementary information on our websites.

• Prices and payment terms

5.1. The prices listed in the respective offers and order overviews as well as the shipping costs are total prices. They include all price components including all applicable taxes.

5.2. The applicable shipping costs are not included in the purchase price. They are explicitly stated in the offer or the order overview.

5.3. The payment methods available to you are explicitly stated in the offer or the order overview.

5.4. Unless otherwise specified for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.

• 5.The payment terms, advance payments, due dates and partial payments, dates and deadlines result from the

order confirmation. The agreed down payment amount is due within eight days from the invoice date without deduction in cash or by bank transfer to our business account (the date of credit is decisive).

• If the buyer does not make the agreed down payment or does not accept the goods after CaponeSupply has set him a reasonable deadline for this, CaponeSupply is entitled to withdraw from the contract and demand damages for non-performance.
• If CaponeSupply demands damages for non-performance, the damage to be compensated is the lost profit and expenses according to the statutory provisions of the BGB.
• We reserve the right to process orders exclusively against complete

advance payment. We also reserve this right for orders already confirmed by us if the information to be obtained or later available does not (or no longer) justify a credit grant or if the customer's financial circumstances have deteriorated. In this case, we are also entitled to demand immediate payment of any existing remaining debt, even if we have accepted checks. We are also entitled to demand security.

• If the buyer is partially or fully in default of payment, we are entitled to charge default interest to consumers at a rate of 5% and to entrepreneurs at a rate of 8% above the respective base interest rate. Furthermore, it is agreed that for each reminder, the costs of which are to be borne by the buyer, a flat fee of EUR 10.00 will be charged by us. We reserve the right to claim higher damages for default. Payment by bill of exchange is excluded.
• Delivery conditions

6.1. The delivery conditions, the delivery date and any existing delivery restrictions can also be found in the offer or the order overview.

6.2. If you are a consumer, it is legally stipulated that the

risk of accidental loss and accidental deterioration of the sold item during shipment passes to you only upon delivery of the goods to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or a person otherwise designated to carry out the shipment.

If you are an entrepreneur, delivery and shipment are at your risk.

• Statutory liability for defects

Liability for defects is governed by the "Warranty" regulation in our General Terms and Conditions (Part I).

These GTC and customer information were created by the lawyers of Händlerbund specializing in IT law and are constantly checked for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. Further information can be found at: www.haendlerbund.de/agbservice (https://www.haendlerbund.de/agb-service).

Right of withdrawal for consumers

(A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed.)

Instructions on withdrawal

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day,

• on which you or a third party named by you, who is not the carrier, have taken possession of the goods, provided that you have ordered one or more goods within the framework of a single order and these are delivered uniformly;
• on which you or a third party named by you, who is not the carrier, has taken possession of the last goods, provided that you have ordered several goods within the framework of a single order and these are delivered separately;
• on which you or a third party named by you, who is not the carrier, has taken possession of the last partial shipment or the last piece, provided that you have ordered a good that is delivered in several partial shipments or pieces.

To exercise your right of withdrawal, you must inform us (CaponeSupply, Kirchgasse 16, 64584 Biebesheim am Rhein, telephone number: +4917687848942, e-mail address: info.caponesupply@gmail.com) by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample withdrawal form, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of withdrawal

If you withdraw from this contract, we shall repay to you all

payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which the notification of your withdrawal from this contract has been received by us. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged fees for this repayment.

We may refuse repayment for goods capable of being sent by parcel post until we have received these goods back or until you have provided proof that you have sent these goods back, whichever is the earlier.

We will collect goods that cannot be sent by parcel post.

You must return or hand over the goods capable of being sent by parcel post to us without undue delay and in any event no later than fourteen days from the day on which you notify us of the withdrawal from this contract. The deadline is met if you send the goods capable of being sent by parcel post before the period of fourteen days has expired.

You bear the direct costs of returning goods capable of being sent by parcel post. We bear the costs of returning goods that cannot be sent by parcel post.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the quality, properties and functioning of the goods.

Reasons for exclusion or expiry

The right of withdrawal does not apply to contracts

• for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the

consumer is decisive or which are clearly tailored to the personal needs of the consumer;

• for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded;
• for the delivery of alcoholic beverages, the price of which was agreed upon conclusion of the contract, but which can be delivered at the earliest 30 days after conclusion of the contract and whose current value depends on fluctuations in the market over which the entrepreneur has no influence;

agreement, but which can be delivered at the earliest 30 days after conclusion of the contract and whose current value depends on fluctuations in the market over which the entrepreneur has no influence;

• for the delivery of newspapers, periodicals or magazines with the exception of subscription contracts.

The right of withdrawal expires prematurely in the case of contracts

• for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;
• for the delivery of goods if these have been inseparably mixed with other goods after delivery due to their nature;
• for the delivery of sound or video recordings or

computer software in a sealed package if the seal has been removed after delivery.

Sample withdrawal form

(If you wish to withdraw from the contract, please fill out this form and send it back.)

• To CaponeSupply, Kirchgasse 16, 64584 Biebesheim, telephone number: +4917687848942, e-mail address: info.caponesupply@gmail.com
• I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
• Ordered on (*)/received on (*)
• Name of the consumer(s)
• Address of the consumer(s)
• Signature of the consumer(s) (only for notification on paper)
• Date

(*) Delete as appropriate

The right of withdrawal does not apply in the legally regulated exceptional cases:

- for contracts for the supply of goods manufactured according to customer specifications

- for goods that are clearly tailored to the personal needs of the customer.

- for goods that are not suitable for return due to their nature.