Terms & Conditions
The information required by law within the meaning of Article 246a § 1 EGBGB can be found in the following paragraphs:
Cancellation policy including sample cancellation form: § 4
Legal liability for defects: § 12 and § 13
Terms of payment: § 10
Terms of delivery: § 6
The following terms and conditions apply to all orders via our online shop. Our online shop is aimed exclusively at consumers.
A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity. The registration of a user account is only permitted for natural persons and legal partnerships as well as legal entities. Minors are not allowed to register. A legal person can only be registered by an authorized natural person who must be named. When completing the registration application, truthful, accurate, current and complete information about the data requested in the registration forms must be provided. In the event of incomplete registration of member accounts and untrustworthy or incorrect information, we reserve the right to refuse the registration of a member, to cancel it immediately or to delete the member account after a reasonable period of time. Any disruption of our website or further use of your user account outside of the use provided for in these terms and conditions is prohibited. In particular, manipulations with the aim of causing damage, impairing the use of our homepage wholly or temporarily or obtaining unauthorized payments or other advantages to our disadvantage are prohibited. Infringements will be prosecuted under both civil and criminal law. In the event of a breach or if there is a specific suspicion of such a breach with the risk of damage, we are entitled to block your user account immediately. We are not obliged to accept your registration or your order. We are not obliged to keep our homepage, your user account or our e-shop permanently available. Contracts that have already been confirmed remain unaffected. You can have your user account deleted at any time via customer service. Please note our explanations on data protection and the cookies we use.
We are not obliged to accept the registration or the order of a registered customer. We are also not obliged to keep our offer available at all times. Orders that have already been confirmed remain unaffected. We do not offer registration for minors or other persons with limited legal capacity or incapacitated persons. In addition, registration is only possible for natural persons. You are obliged to notify us of any changes to the data requested during registration the next time you use the domain in question. If incomplete or untrue information is provided during registration or if you do not notify us of any changes, we can exclude you from using our domains with immediate effect. You are obliged to treat your personal access data confidentially and not to pass them on to unauthorized third parties. Before each order, we carry out a credit check to protect our interests.
The presentation of the goods on our domains does not constitute a binding offer by the provider to conclude a contract. Our offers are subject to change and non-binding. A contract is concluded through your order and our acceptance. A binding order for the goods in the shopping cart is made by electronically submitting the completed online order form in the online shop. You submit the online order form after entering your personal data and the shipping and payment method by clicking the button "BUY NOW". We confirm the receipt of your order by sending a confirmation email. This order confirmation does not yet represent our acceptance of the contract offer. It only serves to inform the customer that we have received the order. The declaration of acceptance of the contract offer is made by means of an express declaration of acceptance, at the latest, however, with the delivery of the ordered goods. With the acceptance of the contract, the consumer receives the full text of the contract including the legally required information about the contract. You are bound to your order for two weeks - regardless of the right of withdrawal that exists for orders as a consumer. We are not obliged to accept online orders. The decision about this is at our discretion. Articles are only sold in normal household quantities.
You have the right to withdraw from this contract within fourteen days without the need to state any reason.
The cancellation 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 last goods. To exercise your right of withdrawal, you must
Cezanti Marcel Wolfangel
D-73732 Esslingen Germany
Phone: +49 (0) 176 727 192 62
by means of a clear declaration (e.g. a letter sent by post or email) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.
Effects of Withdrawal
If you withdraw from this contract, we will have given you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. We can refuse the repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier. You must return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. The return is free of charge for all EU countries listed here. In Switzerland, the return costs are to be borne by the customer, also for shipments from non-EU countries. We ask you to pack the products securely so that no damage can occur during shipping. You must 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 to check the nature, properties and functionality of the goods Sample cancellation form (click here) (If you want to cancel the contract, please fill out this form and send it back)
by email: email@example.com
Cezantí Marcel Wolfangel Geschwister-Scholl-Str. 39
The language available for the conclusion of the contract is English or German. We do not save the text of the contract for online orders. You can, for example, save it using the print function of your browser, by taking a screenshot or by converting the text of the contract into a PDF format. The registration and order data (articles, quantities, prices, payment method, billing and delivery address, order date) are saved in your personal customer account ("My Account"). With your login data, you have access to your customer account at any time and thus the option of printing out orders with all the data entered. With regard to the handling of all customer data, we refer to the separate data protection declaration.
The goods are delivered by Cezantí or by a shipping partner commissioned by us. The delivery period is a maximum of 7 working days from receipt of the order confirmation. When shipping outside the Federal Republic of Germany and within Europe, the delivery time is usually 2-14 working days, provided the goods are available. For shipments outside of Europe, the delivery time depends on the type of shipment (airmail / land / sea) and the location of the recipient. Irrespective of other statutory provisions, you can only withdraw from the contract due to a delay in delivery if we are responsible for the delay. In the event of force majeure and other unforeseeable, extraordinary and involuntary events - e.g. material procurement difficulties and not just temporary operational disruptions, strikes, lockouts, lack of means of transport, official interventions, energy supply difficulties, etc., even if they occur at our suppliers - will be extended if we as a result, we are prevented from fulfilling our obligation on time, the delivery deadline to a reasonable extent. If the aforementioned circumstances make delivery impossible or unreasonable, we can withdraw from the contract. You have the same right if it is unreasonable for you to adhere to the contract. However, we will only refer to the circumstances mentioned if we are informed immediately. We are entitled to make partial deliveries if these are reasonable for you. We can invoice such partial deliveries separately; the shipping costs for all partial deliveries may not exceed the agreed shipping costs. Your right to withdraw from the entire contract in the event of a delayed, non-compliant delivery that is your fault remains unaffected if you are not interested in partial deliveries that have already been made. The risk of accidental loss and accidental deterioration of the goods is on you when the goods are handed over above. It is the same as the handover if you are in default of acceptance. If you are in default of acceptance, we are entitled to demand compensation for the damage incurred, provided that you are responsible for the default of acceptance. If you are entitled to compensation for delay in addition to the service, the damage to be compensated is to an amount of 0,5% of the agreed net price of the deliveries affected by the delay for each full week of the delay in delivery, but a total of 5% of this Net price limited. These restrictions do not apply if the delay is due to intent or gross negligence.
The goods remain the property of the claimant until the purchase price has been paid in full. Under the condition precedent that the full purchase price is paid, ownership of the goods is automatically transferred to the customer. Until then, he has a prospective right to the transfer of ownership. Prior to the transfer of ownership, pledging, assignment by way of security, remodeling or any other disposition that endangers the reserved property is not permitted without the consent of the owner. In the event of seizure or confiscation of an item, the customer must notify us immediately in writing. The customer is also obliged to point out to the third party that these are items that are the property of Cezantí or the owner of the claim.
Campaign vouchers are issued by us voluntarily as part of promotions and cannot be purchased. Several campaign vouchers cannot be combined with one another. Promotion vouchers are only valid under the conditions listed on the respective voucher (voucher value, scope of the promotion, period of validity, transferability, etc.). Promotion vouchers can only be redeemed before completing the order process. Subsequent offsetting, crediting, cash payment, payment of credit or interest is not possible. If the balance of the campaign voucher is insufficient for the order, the difference can be compensated with the payment options we offer (see § 11.) If the ordered goods are returned in whole or in part, the value of the voucher will not be reimbursed, unless consideration has been given. Cezantí reserves the right to exclude individuals from the voucher campaign.
The prices listed in the offer at the time of the order apply. Unless otherwise stated in the price agreement, our prices apply "ex works", excluding shipping costs. The shipping costs are shown separately. Standard shipping and return shipping are within Germany, Austria, Italy, France, Spain, the Netherlands, Belgium, Denmark, Poland, the Czech Republic, Croatia, Slovenia, Slovakia, Finland, Great Britain, Romania, Hungary, Portugal, Ireland, Bulgaria and Greece free. For all other countries, except Switzerland, shipping and return are at the customer's expense. Standard shipping is free for Switzerland and the return shipping is at the customer's expense. Our prices include the value added tax valid at the time of invoicing. The shipping costs are due together with the purchase price.
The following payment methods are available in our shop:
You pay the invoice amount via the PayPal direct debit service. All you have to do is fill out the SEPA mandate with your IBAN and BIC and authorize us to debit your account with the invoice amount.
You pay the invoice amount via the online provider PayPal. You must be registered there or register first, legitimize with your access data and confirm the payment order for us (exception: guest access). You will receive further information during the ordering process. All payments are to be made to Cezantí without any deductions. A payment is only considered to have been made when we can freely dispose of the amount. Offsetting is excluded, unless the offsetting claim is undisputed or legally established or acknowledged by us in writing. You can only exercise a right of retention if the claims result from the same contractual relationship. The exclusion does not apply if it is a counterclaim from a claim in kind that entitles you to refuse performance, or if rights are asserted due to a defect.
When placing your order, please provide your credit card details. After your legitimation as the legal cardholder, the payment process will be carried out automatically and your card will be charged.
In the event of default of payment, we are entitled to default interest at the statutory rate; we reserve the right to assert further damage caused by default, in particular costs for administration and bank charges as well as costs for legal prosecution. If partial payments have been agreed, the entire remaining debt shall become due if the customer is in default with at least two successive installments in whole or in part. In order to protect our legitimate interests (Art. 6 para. 1 lit. f DSGVO) in the settlement of outstanding claims, we may in individual cases transfer personal data to debt collection companies.
The guarantee is based on the statutory provisions. In the case of complaints, we ask for proof of the purchase date by means of an invoice and sending the complained article together with a copy of the invoice to Cezantí Marcel Wolfangel, Geschwister-Scholl-Str. 39, 73732 Esslingen, Germany. Normal wear and tear of the goods does not constitute a warranty claim. You have the right to subsequent performance and the right to withdraw from the contract or to reduce the purchase price to the extent permitted by law. We do not accept any liability for damage and defects resulting from improper use, operation and storage, negligent or incorrect care and maintenance, overuse or improper repairs by an unauthorized service partner. In relation to entrepreneurs, the warranty period for material defects is shortened to 1 year, unless there is a case of mandatory liability, as provided in particular in Section 478 of the German Civil Code (BGB). Claims for damages also remain unaffected by the shortened limitation period. If the customer is an entrepreneur, he must examine the services provided immediately after delivery, insofar as this is feasible in the normal course of business, and notify us immediately if a defect becomes apparent. If the customer fails to notify us, the service is deemed to have been approved, unless it is a matter of a defect that was not recognizable during the examination. If such a defect appears later, the report must be made immediately after it is discovered; otherwise, the service is considered approved even with regard to this defect. Timely dispatch of the notification is sufficient to safeguard the rights of the customer. The provisions on the obligation to notify do not apply if a defect was fraudulently concealed or if the customer is a consumer. Further claims, especially for consequential damage, are excluded. This does not apply in the event of willful intent, gross negligence or breach of essential contractual obligations on our part or in the event of injury to life, body or health. Your statutory right to withdraw from the contract remains unaffected. Essential contractual obligations are those, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance you regularly trust and can trust. The risk of accidental loss and accidental deterioration of the goods is transferred to you or a recipient selected by you when the goods are delivered to a location other than the place of fulfillment. If you are not a consumer, ie if you have not purchased the goods exclusively for private use, the risk of accidental loss and accidental deterioration of the goods is transferred to you when the goods are handed over to the dispatcher.
We are not liable for damages and reimbursement of expenses, regardless of the legal reason, in particular not for damage due to defects, other breaches of duty or from tort. Excluded from this are damage resulting from injury to life, limb or health for which we are responsible and other damage that is based on an intentional or grossly negligent breach of duty by us or on a guarantee that we have declared. Damage for which we are liable under the Product Liability Act or which can be traced back to a culpable breach of essential contractual obligations are also excluded. Essential contractual obligations are, in particular, those whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the customer regularly trusts and may rely. However, our liability for the breach of essential contractual obligations is limited to the foreseeable, typically occurring damage, unless we are liable for intent or gross negligence, for injury to life, limb or health or under the Product Liability Act. According to the current state of technology, data communication via the Internet cannot be guaranteed to be error-free and / or available at all times. The Cezantí is therefore neither liable for the constant and uninterrupted availability of the online shop, nor for technical and electronic errors during an order process over which the Cezantí has no influence. If links to other websites or sources are set up, the Cezantí is not responsible or liable for the availability of these external pages or sources. The Cezantí does not adopt the content accessible on such websites or sources as its own and excludes any liability or guarantee with regard to this content, unless the Cezantí has positive knowledge of the illegality of this content in individual cases. A breach of duty by us is equivalent to that of our legal representatives or vicarious agents. As far as our liability is excluded or limited according to § 14.1 and § 14.2, this also applies to the personal liability of our legal representatives and vicarious agents. A change in the burden of proof is not associated with the above regulations.
The European Commission provides an online platform for dispute resolution (OS), which you can find here. We are ready to take part in an out-of-court arbitration procedure before a consumer arbitration board. All disputes arising from or in connection with this agreement are subject to the law of the Federal Republic of Germany to the exclusion of the UN Sales Convention. This does not affect the statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular the state in which the customer as a consumer has his habitual residence. The place of jurisdiction for all claims arising from or based on this business relationship, including bills of exchange and checks, is Esslingen, provided that You are a merchant in terms of commercial law, i.e. not a consumer. In this case we are also entitled to sue at the court responsible for your seat.
The contract is subject to German law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (UN Sales Convention / CISG). In dealings with end consumers, the law at the end consumer's place of residence is also applicable, insofar as consumer law provisions are mandatory. If the customer relocates his domicile or habitual abode abroad after the conclusion of the contract or his domicile or habitual abode is not known at the time of the judicial assertion of our claims, our place of business is the place of jurisdiction. Unless otherwise stated in the contract, our place of business is the place of performance. Should individual provisions be or become ineffective, this shall not affect the validity of the remaining provisions.