General terms and conditions

§ 1 Scope of Application

1.1. The business relationship between ANGELCAB GmbH, Gewerbepark 4, 91238 Engelthal (hereinafter “Seller”) and the customer (hereinafter “Customer”) shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order.

1.2 The seller’s customer service is available for questions, complaints and objections on weekdays from 10:00 a.m. to 5:00 p.m. on the telephone number 030 24171245 and by e-mail at service@angelcab.de.

1.3. A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that cannot be attributed primarily to their commercial or independent professional activity (Section 13 BGB).

1.4. Deviating terms and conditions of the customer shall not be recognized unless the seller expressly agrees to their validity in writing.

§ 2 Offers and Product Presentations

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

2.2. Product descriptions, illustrations, dimensions, weights and other information in the online store, in catalogs or other advertising materials serve as a general description and do not constitute a guarantee or quality agreement, unless they are expressly designated as such.

2.3. All dimensions given are approximate. As natural materials are processed and fabrics are individually printed, customary and material-related deviations are possible, particularly with regard to colors, structure, surface appearance and pattern arrangement.

2.4. All offers are only valid while stocks last, unless otherwise stated for the respective product. Errors excepted.

2.5. Despite careful maintenance of the website, technical display errors, typographical errors, transmission errors or other obvious errors cannot be completely ruled out. Such obvious errors do not constitute a binding offer. Legal claims of the customer remain unaffected by this.

§ 3 Ordering Process and Conclusion of Contract

3.1. The customer can select products from the seller’s range without obligation and collect them in a virtual shopping cart using the “Add to cart” button. The “Proceed to checkout” button takes the customer to the order process.

3.2. By clicking on the “Place order” button, the customer submits a binding offer to purchase the goods in the shopping cart. Before submitting the order, the customer can view, change and correct their entries at any time using the tools provided in the ordering process.

3.3. After receipt of the order, the seller sends the customer an automatic confirmation of receipt by e-mail. This merely documents that the order has been received by the seller and does not constitute acceptance of the offer.

3.4. The contract is only concluded when the seller accepts the customer’s offer by means of an express order confirmation by e-mail or sends the goods to the customer.

3.5. If the seller offers advance payment, the contract can also be concluded by sending the request for payment and notification of the bank details.

3.6. If payment is not received within 10 calendar days of receipt of the request for payment despite the due date and reminder, the seller is entitled to withdraw from the contract. In this case, the obligation to deliver shall lapse. Payments already made will be refunded immediately.

§ 4 Prices and Shipping Costs

4.1. All prices quoted on the seller’s website for deliveries within Germany include the applicable statutory value added tax.

4.2. Prices, currency, availability and the stated sales tax are determined by the delivery country selected during the ordering process and are always calculated based on the delivery country. The currency is tied to the delivery country; payment in a currency other than that assigned to the delivery country is not possible (for example, no payment in US dollars for delivery to Germany or vice versa). If the customer changes the delivery country, prices, availability and taxes will be recalculated accordingly.

4.3. In addition to the stated prices, the seller charges shipping costs or, if Showroom Collection is selected (§ 6), a preparation fee of the same amount. The respective costs will be clearly communicated to the customer on a separate information page and during the ordering process.

4.4. For deliveries to countries outside the European Union (third countries), German VAT may be waived in the ordering process if the legal requirements for a VAT-free export delivery are met.

4.5. Deliveries to third countries may incur additional costs, in particular import sales tax, customs duties, bank charges, import fees or other charges of the receiving country. These costs are to be borne by the customer and are not included in the purchase price or in the seller’s shipping costs.

§ 5 Delivery, Availability of Goods

5.1. If advance payment has been agreed, delivery will only be made after receipt of the full invoice amount.

5.2. Where reasonable for the customer, partial deliveries are permitted.

5.3. If the product ordered by the customer is not available at the time of the order, the seller will inform the customer of this immediately. If the product is permanently unavailable, a contract shall not be concluded; any consideration already received shall be refunded immediately.

5.4. If the delivery is delayed for reasons for which the seller is not responsible, the customer will be informed immediately.

5.5. Stated delivery times are non-binding, estimated delivery dates, unless expressly agreed otherwise.

5.6. If the delivery of the goods fails for reasons for which the customer is responsible, the seller may demand compensation for the reasonable additional costs incurred as a result. This does not apply if the customer effectively exercises his right of withdrawal.

5.7. Deliveries are not made to packing stations.

5.8. In the case of deliveries to third countries, the customer is responsible for compliance with the import regulations applicable in the country of destination. Delays, additional costs or non-deliverability due to import regulations of the destination country are beyond the seller’s control.

§ 6 Showroom Collection

6.1. Instead of shipping to a delivery address, the customer can choose pickup at a participating ANGELCAB location (“Showroom Pickup”) during the order process. The same costs and conditions apply as for shipping; the respective costs are shown during the ordering process.

6.2. The seller ships the goods to the location selected by the customer. The customer receives shipment tracking by e-mail; the location additionally notifies the customer as soon as the goods are ready for collection.

6.3. Handover takes place only upon provision of the order number and presentation of a valid identity document of the customer or a person authorized by them.

6.4. The goods will be held at the location for 14 days from notification of collection readiness. If the customer does not collect the goods, they will be requested again to collect them, with a reasonable additional deadline. After the additional deadline expires without result, the seller is entitled to withdraw from the contract or to ship or prepare the goods again at the customer’s expense. The customer’s statutory rights, in particular the right of withdrawal, remain unaffected.

6.5. To process the collection, the seller transmits the customer’s name, order number and contact details to the selected location. Details can be found in the seller’s privacy policy.

§ 7 Payment Modalities

7.1. The customer can choose from the payment methods displayed in the online store during and before completing the order process.

7.2. Where purchase on account is offered, this is processed via the payment service provider PayPal. PayPal’s contract and terms of use apply in addition; the invoice amount is to be paid in accordance with these terms, generally within 30 days, without deduction. For all other payment methods, payment is due in advance unless otherwise stated.

7.3. If third-party providers are commissioned to process payments, their respective terms and conditions of contract and use shall also apply.

7.4. If the due date for payment is determined by the calendar, the customer is already in default by missing the payment deadline. In this case, the customer shall pay the statutory interest on arrears.

7.5. We reserve the right to assert further claims for damages caused by delay.

7.6. The customer shall only have a right of set-off if his counterclaims have been legally established or recognized by the seller or are undisputed. The customer may only exercise a right of retention if it is based on the same contractual relationship.

§ 8 Retention of Title

8.1. Until full payment, the delivered goods remain the property of the seller.

§ 9 Liability for Material Defects and Guarantee

9.1. The statutory warranty rights apply.

9.2. Any additional guarantees are only granted by the seller if these are expressly stated with the respective product or in a separate guarantee declaration.

9.3. The customer’s statutory claims in the event of defects are not restricted by an additional guarantee.

9.4. No warranty rights shall exist in the event of damage caused by improper use, incorrect or negligent handling, failure to observe care, maintenance or operating instructions, normal wear and tear or external influences, unless the seller is also responsible for the defect.

9.5. Natural materials and textile surfaces may vary slightly in color, structure and surface due to their typical material properties. Such customary and material-typical deviations do not constitute a defect insofar as they do not impair the agreed quality and suitability for use.

9.6. Information on voluntary guarantees, in particular on their content, duration, territorial scope and conditions of utilization, can be found in the respective guarantee conditions.

§ 10 Liability

10.1. The Seller shall be liable without limitation for damages resulting from injury to life, body or health which are based on an intentional or negligent breach of duty by the Seller or its legal representatives or vicarious agents.

10.2. In all other respects, the Seller shall be liable without limitation for damages caused by intent or gross negligence on the part of the Seller or its legal representatives or vicarious agents.

10.3. In the event of a slightly negligent breach of material contractual obligations, the Seller shall only be liable for the foreseeable damage typical of the contract. Essential contractual obligations are those obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the customer may regularly rely.

10.4. In all other respects, liability of the seller for slightly negligent breaches of duty is excluded.

10.5. The above limitations of liability shall not apply if the seller fraudulently conceals a defect, has assumed a guarantee for the quality of the goods or if claims exist under the Product Liability Act.

10.6. Insofar as the seller’s liability is excluded or limited, this shall also apply to the personal liability of its employees, representatives and vicarious agents.

10.7. The seller endeavors to ensure the website’s technical availability is as uninterrupted as possible. However, uninterrupted and error-free availability of the website at all times cannot be guaranteed for technical reasons. Further liability is governed by the provisions of § 10 above.

§ 11 Storage of the Contract Text

11.1. The customer can print out or electronically save the text of the contract before placing the order using the print function of his browser.

11.2. After the order, the seller sends the customer an order confirmation with the order data and these GTC to the e-mail address provided.

11.3. If the customer has created a customer account in the online store, he can view his order data there. The contract text is stored by the seller, but is not permanently accessible to the public.

§ 12 Data Protection

12.1. The seller processes the customer’s personal data exclusively for a specific purpose and in accordance with the statutory data protection regulations.

12.2. The data provided by the customer as part of the order will be used to execute and process the contract. If necessary, the data will be passed on to service providers who are commissioned with payment processing, delivery or order processing.

12.3. If an order is placed using a voucher code of a partner store, address and order data may be transmitted to the respective partner store for the purpose of commission settlement, insofar as this is necessary for the execution of the contract. If Showroom Collection is selected, the customer’s name, order number and contact details will be transmitted to the selected location to process the collection (§ 6.5).

12.4. Further information on the processing of personal data can be found in the seller’s privacy policy.

12.5. The seller shall take appropriate technical and organizational security measures to protect the customer’s data against loss, misuse and unauthorized access.

§ 13 Applicable Law, Place of Jurisdiction, Contract Language

13.1. The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. This choice of law shall only apply to consumers insofar as it does not restrict any mandatory statutory provisions of the country in which the consumer has his habitual residence.

13.2. If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the seller is the registered office of the seller.

13.3. The contractual language is German. If content is also provided in English, this is solely for the purpose of better comprehensibility.

§ 14 Test Stroller / Test Drive

14.1. Test car shipping “Test drive” is only possible within Germany and only in areas that are not within a radius of 50 km from an ANGELCAB showroom.

14.2. Test car shipping “Test drive” is limited to one test car model per customer and shipping address.

14.3. In the interests of sustainability and due to the limited number of test cars available, the seller reserves the right to refuse or cancel orders for test cars in individual cases, particularly in the event of recognizable misuse.

14.4. The test stroller is intended for proper everyday use and may be used without restriction during the test period. Normal signs of wear are not at the customer’s expense. The customer is only liable for damage resulting from intentional (willful) damage or destruction of the test stroller.

§ 15 Video Consultation and Appointment Booking

15.1. The seller offers the option to book free video consultation appointments as well as consultation appointments at locations via the website. The consultation is a free service; there is no entitlement to the availability of specific appointments.

15.2. No purchase contract is concluded through the booking or performance of a consultation. The content and recommendations of the consultation are non-binding and do not constitute an agreement on quality.

15.3. The customer may cancel booked appointments at any time via the link contained in the booking confirmation. The seller may cancel or reschedule appointments for good cause, in particular in the event of short-notice unavailability; the customer will be informed of this without delay.

15.4. Information on the processing of personal data in connection with appointment booking and video consultation can be found in the seller’s privacy policy.

§ 16 Discounts, Discount Promotions and Promotion Vouchers

16.1. Discount campaigns enable the purchase of individual products at reduced prices within the specified campaign period.

16.2. Discount codes may be tied to minimum order values, certain product groups or terms. The conditions specified in the promotion are decisive.

16.3. Unless expressly stated otherwise, discount codes cannot be combined with other discount promotions. Only one discount code can be redeemed per order.

16.4. Cash payment of the discount value is excluded.

§ 17 Vouchers and Credit

17.1. Vouchers and credit can only be redeemed in the respective online store and only within the specified validity period.

17.2. Cash payment of vouchers or credit balances is excluded, unless otherwise prescribed by law.

17.3. Only one voucher can be redeemed per order, unless expressly stated otherwise.

§ 18 Return Costs in the Event of Withdrawal

18.1. If the customer makes use of his statutory right of withdrawal, he shall bear the direct costs of returning the goods, provided that the seller has duly informed the customer of this prior to the conclusion of the contract and unless expressly agreed otherwise.

18.2. Return of withdrawn goods to showrooms or collection locations is not possible. The return is made to the return address communicated by the seller. This also applies to goods handed over by way of Showroom Collection (§ 6).

§ 19 Conclusion of Contract for Telephone Orders

19.1. In the case of telephone orders, a contract is only concluded when the seller accepts the customer’s offer by means of a written confirmation, in particular by e-mail, or sends the goods.

§ 20 Dispute Resolution

20.1. The seller is not obliged and not willing to participate in dispute resolution proceedings before a consumer arbitration board.

Cancellation policy

Consumers are generally entitled to a statutory right of withdrawal for distance selling contracts, unless a statutory exception applies.

Right of withdrawal

You have the right to cancel 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, has taken possession of the goods.

To exercise your right of withdrawal, you must inform us (ANGELCAB GmbH, Gewerbepark 4, 91238 Engelthal, e-mail: service@angelcab.de) by means of a clear statement of your decision to withdraw from this contract. You may use the model withdrawal form below, but this is not mandatory.

You may also declare your withdrawal via our withdrawal function on the website at www.angelcab.de/vertrag-widerrufen. If you make use of this option, we will confirm receipt of the withdrawal to you without delay in text form (e.g. by e-mail).

In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of revocation

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery, with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us, without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract.

For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.

We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.

You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.

You bear the direct costs of returning the goods.

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 their condition, properties and functionality.

Exclusion of the right of withdrawal

The right of withdrawal does not apply to contracts for the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.

Sample cancellation form

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

– To ANGELCAB GmbH, Gewerbepark 4, 91238 Engelthal, e-mail: service@angelcab.de

– I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)

– Ordered on (*) / received on (*)

– Name of the consumer(s)

– Address of the consumer(s)

– Signature of the consumer(s) (only in case of notification on paper)

– Date

(*) Delete as applicable.