General terms and conditions of sale

Please read these General Terms and Conditions carefully. They define the terms of sale that apply when you place an order on the website casco-helmets.com.

 

Definitions

The following terms used in these general terms of use and sale, whether in singular or plural, have the following meanings:

Customer: Any adult natural person who is legally capable and has the status of a consumer, who orders products on the website for non-professional purposes under the conditions defined below.

Products: All products offered for sale by the seller on the website, particularly ski helmets, riding helmets, bicycle helmets, and any related accessories.

Website: The online platform accessible at casco-helmets.com, operated and managed by the seller.

Seller: CASCO GmbH, Gewerbering Süd 11, 01900 Großröhrsdorf Germany, represented by its legal representative Manuel KRAUTER, who publishes the website and sells the products.

 

Purpose and Application of the GTC

The present General Terms of Use and Sale define the rights and obligations of the following parties, the seller and the customer, which apply to the use of the website and the sale of products, which the customer hereby accepts by checking the appropriate box when ordering products.

All orders placed by the customer via the website require prior acceptance of these General Terms and Conditions as well as the price conditions applicable on the day the order is accepted, which form an integral part thereof.

The present General Terms and Conditions are permanently accessible on the website, in a computer format that allows them to be printed and/or downloaded, so that the customer can reproduce or store them.

The seller reserves the right to amend the General Terms and Conditions. Revised terms will be sent to customers before each order.

 

Ordering Products

Account Creation: Placing an order requires the customer to create an account, at any time and at the latest when ordering, by clicking on the button provided for this purpose.

The customer must fill out 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. Providing false information by the customer, which leads to the seller being unable to fulfill his obligations, especially the delivery of the Products that cannot be fulfilled do not constitute any liability of the seller.

The account will be accessible with the login details (email address and password) chosen by the customer during registration or later changed. The customer acknowledges that their login details 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 according to the applicable standards (8 characters, including uppercase and lowercase letters, numbers, and special characters). In case of suspected fraudulent use of their login details, the customer is advised to inform the seller immediately.

Product Selection: To place an order via the website, the customer must select the products they wish to purchase by placing them in the shopping cart. The characteristics of the products are detailed on the web pages for each product.

The customer's attention is drawn to the fact that the shopping cart is solely for listing the products selected by the customer and does not make them inaccessible to other users. Products are only reserved upon confirmation of the order and prices are updated.

Once the product selection is complete, the customer finalizes the order from the shopping cart.

Order Products: The customer is redirected to the shopping cart, which displays a summary of the selected products, the price, and the delivery costs. The customer can change the product quantities or remove a product from the cart. The customer can complete the order by clicking the designated button.

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), can apply a promo code, select one of the offered delivery methods, and then proceed to payment by clicking the designated button.

The seller reserves the right to cancel or refuse an order from a customer with whom there is a dispute regarding the payment of a previous order.

Product Availability: The seller agrees to fulfill orders only within the limits of the available stock.

In case of unavailability, especially if a product becomes unavailable between the order and the receipt of payment, the seller will inform the customer as soon as possible and indicate the timeframe for restocking. At the customer's request, the order for the unavailable products can be canceled; with a corresponding refund.

 

Prices and Payment

•                Prices: Displayed in Euros (€), including German VAT, plus delivery costs. Prices may change; the applicable price is the one at the time of the order.

•                PaymentShop Pay and Apple Pay. The payment is processed securely.

•                Customer Responsibility: Customers guarantee that payment methods are valid and have sufficient funds. Any bank fees are borne by the customer.

 

5. Delivery

5.1 Delivery Area

Products are delivered to Germany and other EU countries as indicated on the website.

5.2 Delivery Times

•                Standard: 3–10 business days (depending on the country)

•                Express: 1–3 business days (depending on the country)

•                Pickup points: 3-10 business days (depending on the country)

5.3 Delivery Issues

If the delivery is delayed due to a seller's error, the customer may cancel the order and receive a full refund.

If the delivery fails due to a customer's error (wrong address, missed pickup), the customer bears additional shipping costs.

5.4 Receipt of Goods

The customer should inspect packages upon delivery. Damaged or incomplete shipments must be reported immediately. It is recommended to refuse acceptance or note defects in the delivery documents.

 

6. Right of Withdrawal (German Consumer Law)

According to § 355 BGB, customers have a 14-day right of withdrawal (extended to 30 days if expressly agreed) from receipt of the products.

•                Products must be returned in the original packaging, with accessories and proof of purchase.

•                The return costs are borne by the customer, unless the product is faulty.

•                Refunds are processed within 14 days via the original payment method.

•                Customers may be held liable for any depreciation resulting from handling that goes beyond what is necessary to establish the nature and characteristics of the product.

 

7. Warranty and Guarantees

7.1 Legal Warranty

Products comply with German law on product conformity (§§ 434, 437 BGB) and EU regulations.

•                Conformity Period: 2 years from delivery (for consumers).

•                Claims: Repair, replacement, price reduction or withdrawal if products are defective.

•                Hidden Defects: Customers can assert claims according to §§ 434, 437 BGB within 2 years after discovery.

7.2 Commercial Warranty

Some products may have additional commercial warranties (up to 5 years). These do not limit statutory consumer rights.

 

8. Product Safety and Environment

Products comply with the EU product safety regulations (Regulation EU 2023/988).

Instructions for safe use, maintenance, and precautions are provided on the website and in the product documentation.

If a product poses a safety risk, the seller will notify authorities and affected customers, offering repair, replacement, or refund.

 

9. Liability

•                The seller is only liable for direct damages caused by gross negligence or intentional misconduct.

•                Liability for indirect or consequential damages is excluded to the extent permitted by law.

•                Force majeure and events beyond the seller's control limit liability.

 

10. Intellectual Property

The website, content, logos, trademarks, designs, and photographs are the property of the seller or licensors.

Use is limited to personal, non-commercial purposes. Reproduction or distribution without permission is prohibited. Hyperlinks to the website require the seller's written consent. 

11. Data Protection

Customer data will be processed in accordance with the GDPR. Details are specified in the website's privacy policy. Customers can exercise rights to access, correction, deletion, and objection.

 

12. Applicable Law and Dispute Resolution

•                These terms and conditions and any contract are subject to German law.

•                Consumers can pursue disputes through:

◦                Direct complaint to the seller

◦                European Online Dispute Resolution Platform (ODR): https://ec.europa.eu/consumers/odr

◦                Local courts with jurisdiction for the customer's residence.

 

13. Miscellaneous

•                Invalid or unenforceable clauses do not affect the remaining terms and conditions.

•                Failure to enforce a provision does not constitute a waiver of rights.