General terms and conditions of sale
Please read these Terms and Conditions carefully. They define the terms and conditions of sale applicable when you place an order on the website: casco-helmets.com.
Definitions
The terms below used in these general terms and conditions of use and sale, whether in the singular or plural, shall have the following meaning:
Customer: Any natural person of legal age, having the capacity to contract and having the status of consumer, who orders Products on the Website for non-professional purposes under the conditions defined below.
Products: Any products offered for sale by the Seller on the Website, in particular ski helmets, equestrian helmets, bike helmets and any associated accessories.
Website: The online platform accessible at casco-helmets.com, owned and operated by the Seller.
Seller: CASCO GmbH, Gewerbering Sud 11, 01900 Grobrorsdof Germany, represented by its legal representative Manuel KRAUTER who publishes the Website and sells the Products.
Purpose and Application of the T&Cs
The present General Terms and Conditions of Use and Sale define the rights and obligations of the following parties the Seller and the Customer applicable to the use of the Website and sale of Products, which the Customer hereby accepts by ticking the appropriate box when ordering Products.
All orders placed by the Customer via the Website require the prior acceptance of these Terms and Conditions as well as the pricing conditions in force on the day of acceptance of the order, which forms an integral part hereof.
The present Terms and Conditions are permanently accessible on the Website, in a computer format that allows them to be printed and/or downloaded, in such a way that the Customer can reproduce or save them.
The Seller reserves the right to modify the General Terms and Conditions. Revised terms will be sent to the Customers prior to any order.
Ordering Products
Account creation: Placing an order requires the Customer to create an account, at any time, and at the latest when placing the order, by clicking on the button provided for this purpose.
The Customer must complete the form with the requested information. The personal data provided by the Customer will be processed in accordance with the privacy policy available on the Website.
The Customer undertakes to provide accurate information. The provision of false information by the Customer resulting in the Seller being unable to fulfill its obligations, in particular the delivery of the Products, shall not give rise to any liability on the part of the Seller.
The account will be accessible using the login credentials (email address and password) chosen by the Customer at the time of registration or modified subsequently. The Customer acknowledges that their login credentials and password are strictly personal and confidential and therefore agrees not to disclose or share them with third parties. For security reasons, the Customer is advised to choose a strong password in accordance with the applicable standards (8 characters, including uppercase and lowercase letters, numbers and special characters). In the event of suspected fraudulent use of their credentials, the Customer is advised to immediately inform the Seller.
Product selection: To place an order via the Website, the Customer must select the Products they wish to purchase by adding them to the shopping cart. The characteristics of the Products are detailed on the Website pages relating to each Product.
The Customer’s attention is drawn to the fact that the shopping cart is intended solely to list the Products selected by the Customer and does not make them unavailable to other users. Products are only reserved and prices updated at the time the order is validated.
Once the Product selection is complete, the Customer finalizes the order from the shopping cart.
Ordering Products: The Customer will be redirected to the shopping cart displaying a summary of the selected Products, the price, and delivery costs. The Customer may modify the product quantities or remove a Product from the cart. The Customer may finalize the order by clicking the button provided for this purpose.
Unless already logged in, the Customer must create an account or log in if they already have one. The Customer must provide their address (delivery and billing address if different), may apply a promotional code, choose a delivery method from those offered, and then proceed to payment by clicking the button provided for this purpose.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
Product availability: The Seller undertakes to fulfill orders received only within the limits of the available stock.
In the event of unavailability, in particular if a Product becomes unavailable between the time of ordering and receipt of payment, the Seller will inform the Customer as soon as possible and indicate the restocking timeframe. At the Customer’s request, the order may be canceled for the unavailable Products; with a refund issued accordingly.
Prices and Payment
Prices: The price of the Products are displayed in euros (€), inclusive VAT, plus delivery costs. The prices are freely determined by the Seller and may be modified at any time. The applicable price will be that in force at the time of the Order.
Payment: Payment method are indicated on the payment page of the Website. The price is payable by credit card (Visa, Mastercard, American Express), PayPal, Apple Pay, Shop Pay, Google Pay and Klarna. The Price is payable in cash when the order is place via the secure area of the establishment in charge of collecting the price on the page provided for this purpose.
Customer Responsibility: The Customer guarantees that it is fully authorized to use the means of payment and that it has sufficient funds to cover the cost of the Order. Any bank charges relating to credit card payments will be borne by the Customer.
Delivery
Delivery: The Products are sold only to Customers whose delivery address is located in one of the following countries: Germany, France, Austria, Belgium, Spain, Ireland, Italy, Luxembourg, Netherlands, Portugal, Bulgaria, Croatia, Denmark, Estonia, Finland, Greece, Hungary, Latvia, Lithuania, Poland, Romania, Slovenia, Czech Republic, Sweden, Slovakia.
Delivery takes place within the time indicated on the order, depending on delivery method and location:
- Standard home delivery: maximum 4 working days in Germany and maximum 7 days for other European Union countries.
Any delay in delivery beyond the delivery deadline, not due to force majeure, may result in the cancellation of the sale at the Customer's initiative by sending a registered letter with acknowledgement of receipt. The sale will be considered cancelled upon receipt by the Seller of the Customer's letter informing it of its decision to cancel the sale, if delivery has not taken place in the meantime. In the event of cancellation, the Seller will reimburse the Customer for any sums paid as soon as possible and, at the latest, within 14 (fourteen) days of receipt of the registered letter with acknowledgement of receipt.
In the event of non-distribution and/or return of package due to the Customer's fault (e.g. wrong address, forgetting to claim the parcel from the post office), the Customer will have to pay the associated costs (storage and/or reshipment costs).
Receipt: If the parcel delivered by the carrier is in poor condition and if any Products are missing, the Customer is advised to refuse the parcel and express reservations on the delivery note so that the guarantee offered by the carrier can come into play. The Customer must inform the Seller as soon as possible in writing so that the Seller can investigate with the carrier. The Customer's attention is drawn to the fact that receipt of the package without reservation is in particular likely to extinguish actions by the Seller against the carrier.
Right of Withdrawal
The Customer has a statutory right of withdrawal in accordance with §§ 312g, 355 BGB. The withdrawal period is fourteen (14) days from the delivery date. To exercise this right, the Customer must inform the Seller by means of a declaration (e.g. an email). The Customer shall bear the costs of returning the goods unless otherwise agreed by the Seller.
Refunds shall be made within fourteen (14) days on which the Seller receives the returned Products or proof of the return, using the same means of payment as the original transaction, unless expressly agreed otherwise.
The Customer is only liable for any diminished value of the Products if this loss in value is due to handling that is not necessary for examining the nature, characteristics and functioning of the Products.
Warranty and Guarantees
Legal Warranty: The Products offered comply with current legislation and standards applicable in the countries where the Products are delivered.
In addition, and in accordance with §§ 434, 437 BGB, the Consumer has a period of 2 years from the date of delivery of the Products to obtain the implementation of the legal guarantee of conformity in the event of the appearance of a defect of conformity. During this period, the Customer is only required to establish the existence of the lack of conformity, and not the date of its appearance.
The legal warranty entitles the Customer to repair or replacement of the Product within thirty (30) days of his request, free of charge and without any major inconvenience for him.
If the Product is repaired under the legal warranty of conformity, the Customer benefits from a six-month extension to the initial warranty.
If the Customer asked for repair, but the Seller requires it to be replaced, the legal warranty of conformity is renewed for a period of two years from the date of replacement of the Product.
Commercial Warranty: A 5-year commercial warranty may be granted to the Customer for certain Products. In this case, the terms and conditions of this commercial warranty will be indicated on the Product sheet.
This warranty applies without prejudice to the consumer's right to benefit from the legal warranty of conformity and that relating to hidden defects mentioned above.
Product Safety and Environment
All Products comply with the requirements of Regulation (EU) 2023/988 of May 10, 2023 on general product safety and have been subjected to a rigorous risk assessment in order to guarantee their safety under normal or reasonably foreseeable conditions of use.
Each Product is accompanied by clear and comprehensible instructions concerning its use, maintenance and the precautions to be taken to ensure the user's safety. This information is provided in German and is available on the corresponding product sheet.
In accordance with Regulation (EU) 2023/988, information on the manufacturer, importer or authorized representative responsible for the product is made available to the public on the product data sheet / product packaging / in the documentation provided.
If a Product is identified as presenting a safety risk, the Seller undertakes to immediately inform the competent authorities and take all necessary measures, including withdrawing or recalling the Product. Affected customers will be informed without delay and offered an appropriate solution, such as repair, replacement or refund of the Product, in accordance with the provisions of Regulation (EU) 2023/988.
Spare parts availability (if applicable) is indicated on supplied documentation and on the product web page.
Liability
Responsibility of the Seller: The Customer acknowledges and accepts that no one can guarantee the proper functioning of the Internet as a whole.
The Seller has taken every precaution to ensure that all Products have been correctly described. Nevertheless, although the Seller attempts to present accurate photographs of the Products on the Website, the colors the Customer sees will depend on the computer screen used and the display configurations and the Seller cannot therefore guarantee that the photographs correspond exactly to the Products (details, colors). Consequently, the photographs, information and visuals of the Products presented on the Website are given for information only.
The Seller shall not be held liable in the event of a breach of its obligations due to force majeure, to the unforeseeable or insurmountable act of a third party to the contract or attributable to the Customer.
The Seller shall only be held liable for direct damages.
Hypertext links on the Website may lead to other websites, the consultation and/or use of which are governed by their own terms and conditions of use and are under the respective responsibility of the Customer and the publisher of the said website.
Customer responsibility: The Customer is responsible for all computers (hardware, software) and communication resources used to access and use the Website.
Intellectual Property
In accordance with the laws governing the ownership of literary and artistic rights or other similar rights, the Website and all elements, trademarks, designs, models, logos, graphics, photographs, texts, etc. found on it, as well as their compilation, are the exclusive property of the Seller or the holder of the intellectual property rights concerned, the latter granting no license or right other than that of consulting the site.
The reproduction or use of all or part of these elements is authorized solely for the purposes of information for personal and private use, any reproduction and any use of copies made for other purposes being expressly prohibited. Any other use constitutes counterfeiting and is punishable under intellectual property law, unless prior written authorization has been obtained from the Seller.
On the other hand, the Seller reminds the Customer that any creation of a hypertext link to the home page or any other page of the Website is subject to its express, prior and written consent.
The Customer undertakes not to directly or indirectly harm the Seller’s rights.
Data Protection
Customer data is processed in accordance with the General Data Protection Regulation.
Details are provided in the Website Privacy Policy. Customers may exercise rights to access, correction, deletion, and objection.
Applicable Law and Dispute Resolution
German law shall apply.
To the extent legally permissible, the registered office of the Seller shall be the place of jurisdiction for all disputes arising out of or in connection with contractual relationships between the Seller and the Customer. Mandatory statutory provisions regarding exclusive places of jurisdiction shall remain unaffected.
Miscellaneous
Should any of the non-essential clauses of the present T&Cs prove to be null or inapplicable by virtue of a law or regulation or following an enforceable decision by a competent court or authority, the parties expressly agree that the present contract shall not be affected by the nullity of the aforementioned clause.
The failure of either party at any time to require strict performance by the other party of any provision or condition of these T&Cs shall not be deemed a final waiver of such provision or condition.
