§ 1 Scope, applicable Law
(1) All offers, sales contracts, deliveries and services made on the basis of any orders by our customers (each, a "Customer") through our online shop www.kapten-son.com (the "Online Shop") shall be governed by these general terms and conditions of sale (the "General Terms and Conditions").
(2) Other terms or conditions do not apply, even if we do not especially contradict their application. They are applicable, if their validity is explicitly agreed to in writing.
(3) These business terms and conditions and the complete legal relationship between the contractual Partners shall be exclusively subject to US law.
§ 2 Conclusion of Contract
(1) Our offerings in the Online Shop are non-binding.
(2) Only by clicking ‘Place Order’ you close a legally binding order of all items in your shopping cart. By placing your order you are thus bound for four weeks; your right of revocation as per §3 remains untouched.
(3) Without undue delay upon receipt of the order, we will e-mail you a confirmation of receipt. The sales contract with the Customer shall not become effective until our acceptance.
§ 3 Return rights
(1) The return period is 30 days upon receipt of the product. To exercise the right to return, the customer must send a declaration to Kapten & Son LLC by email: firstname.lastname@example.org; by phone or text message: ; by ; or by mail: 134 N 4th St, Brooklyn, NY 11249, United States
(2) Concerning this return right we grant the following
You are entitled to withdraw from (revoke) your contractual declaration within 30 days without citing any reasons for doing so. The return period of 30 days begins on the day on which you, or a third party nominated by you who is not the carrier, take/takes the goods into possession. To execute your right of withdrawal (revocation), you must inform us, Kapten & Son LLC, by email: email@example.com; by phone or text message: ; by ; or by mail: 134 N 4th St, Brooklyn, NY 11249, United States, of your decision to withdraw from this contract through an explicit declaration (e.g. a letter sent via mail, email, text message, or contact form). In order to comply with the time limit of the return, it is sufficient for communication concerning the return to be sent to us before the end of the return period.
Consequences of return
If you withdraw from this contract, we must immediately – and at the latest within 14 days after receipt of the announcement of your withdrawal from our contract – refund all payments received from you. The refund is issued to the same method of payment you used on the original transaction (unless an explicitly agreed upon exception has been made); in no case will we charge any fees for this refund. We may withhold a refund until we have received the returned goods or until you have shown proof that you have sent back the goods, depending on which occurs first. You must immediately (at the latest within 14 days after declaration of withdrawal from the contract) return the goods to us. The deadline is met if you ship the goods before the end of the 30-day return period. The immediate return shipping costs are borne by us, Kapten & Son, unless goods are being returned from Canada or the value of the goods returned is less than or equal to US$50.00. You are liable for any potential loss of value of the goods if this can be attributed to any mishandling, product testing, incorrect usage, or accidental damage(s) to the goods by you.
§ 4 Prices and Payment
(1) Our prices do not include taxes or shipping costs. Any additonal customs, duties, or taxes and similar public charges shall be borne by the Customer.
(2) Taxes and shipping costs are included in our pricing information at checkout before the order is placed.
(3) You may pay either by credit card or PayPal.
(4) The receipt will be sent to you via email.
§ 5 Delivery
(1) Products shall be shipped from Kapten & Son’s warehouse to the address designated at checkout.
(2) We generally expect shipping within the continental US to take around 3 - 7 business days from conclusion of the contract, unless stated otherwise in our Online Shop. Shipments to Canada, being subject to potential customs holds, are expected to take around 7 - 14 days.
(3) Please note that all information concerning shipping or delivery is non-binding and does not represent contractual assurances.
(4) Should we at Kapten & Son, to no fault of our own, be unable to deliver your ordered items, due to unfulfilled contractual obligations by our courier, we are entitled to rescind our contract with you.
(5) Your other rights remain unaffected.
§ 6 Reservation of title
(1) We, Kapten & Son, retain legal title to any product(s) supplied by us until the purchase price (including tax and shipping costs) for such product(s) has been paid in full.
§ 7 Warranty
(1) Kapten & Son grants you a warranty of 24 months from the date of purchase of your Kapten & Son product(s), in addition to the legal warranty.
(2) Within the warranty period we will correct all defects, due to material or manufacturing errors, free of charge. In this case, please reach out to us by email: firstname.lastname@example.org; by phone or text message: ; by . We find a solution for you as swiftly as possible.
(3) Warranty does not cover
- Any damage(s) to battery or straps,
- Damage caused by incorrect usage, mishandling, or accidents (e.g. shock, fall, water intrusion, scratches on crystal/lens(es)),
- Contamination of the product after the conclusion of the contract.
(4) The warranty does not extend to unauthorized interference of the buyer or a third-party. The warranty period is not prolonged by making use of our warranty.
(5) If your product is defective, please include your invoice as proof of purchase when returning the product.
§ 8 Liability of defects
(1) Unless otherwise agreed upon, our liability for damages is limited to gross negligence and intentional misuse and irrespective of the breach of contract.
(2) In the event of a breach of essential contractual obligations, we shall be liable for any negligence only up to the foreseeable amount of damage determined at the conclusion of contract.
(3) All limitations and exclusions of liability do not apply to claims arising from malicious conduct. Furthermore, they do not apply to liability for quality features guaranteed by us and for claims under the Product Liability Act and furthermore not for claims for damages resulting in injury or death.
(4) Insofar as our liability is excluded or limited, this also applies to our employees, contractors, (lawful or legal) representatives or vicarious agents.
(5) If you assert a supplementary performance claim, we will fulfill this claim solely by way of replacement.
§ 9 Other provisions
(1) The exclusive place of jurisdiction for all and any disputes shall be - to the extent permissible by law - New York. We shall be entitled to take legal action against Purchaser at anyplace where a statutory venue exists.
(2) Assignment of claims against us is only permitted after prior written consent.
(3) You have the right to offset your claims against us only if your counterclaims have been legally determined or are uncontested or approved by us. Additionally, you have the right to offset against our demands if you assert a notice of defects or counter-claims from the same purchase contract.
(4) You only have a right of retention, if you counter-claim refers to the same purchase contract.
(5) Legally relevant declarations and notifications, which are to be submitted to us by the Buyer after conclusion of the contract (e.g. setting of deadlines, notifications of defects, declaration of cancellation or reduction), are required in written form in order to be considered valid.
(6) Should individual provisions of the contract with the Customer, including these General Terms and Conditions, be partially or completely invalid or if a gap becomes apparent, the validity of the remaining regulations shall not be affected. The invalid provision or omission shall be replaced by a legally effective substitute provision, which takes into account or most closely suits the economic sense and purpose of the abolished provision and/or the will of the parties on the contract.
(7) Written form is required for changes and additions to these Terms and Conditions and/or other contractual relationships; this also applies to the withdrawal of the written form.