General terms and conditions
§ 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.au (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’re 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 the law of the Commonwealth of Australia excluding the international uniform law, especially the UN Sales Conventions.
§ 2 Conclusion of Contract
(1) Our offerings in the Online Shop are non-binding.
(2) Only by clicking ‘Place Order Now’ you close a legally binding order of all items in your shopping cart. By placing your order you are thus bound for two weeks. Your possible right of revocation as per §3 remains untouched.
(3) Without undue delay upon receipt of the order, we will send you by e-mail a confirmation of receipt, which shall not constitute an acceptance of the order. The order shall be deemed to be accepted by us either upon subsequent (e-mail) acceptance of the order or by dispatching the ordered items. The sales contract with the Customer shall not become effective until our acceptance
§ 3 Right of revocation
(1) The revocation period shall be 14 day upon receipt of the product. To exercise the revocation right, the customer must send a request through our contact form.
(2) Concerning this right of revocation we grant you the following (as pre-formulated by Australian legislature)
Right of revocation
You are entitled to withdraw from (revoke) your contractual declaration within 14 days without citing any reasons for doing so. The revocation period of 14 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 have to inform us, Kapten & Son Australia, via our contact form, of your decision to withdraw from this contract through an explicit declaration (e.g. a letter sent via post, email or the provided form on our homepage). To comply with the time limit for the revocation, it is sufficient if the communication concerning the exercise of the right of withdrawal is sent before the end of the revocation period.
Consequences of revocation
If you revoke this contract, we have to immediately – and at the latest within 14 days from the day on which we received the announcement of your revocation of this contract – refund all payments we received from you, including the costs of delivery, except the additional costs that were incurred if you chose a different type of delivery than the cheapest standard delivery type offered by us. For the refund we will use the same method of payment that you used for the original transaction (unless we explicitly agreed something else with you); 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 have to immediately (and in any case at the latest within 14 days from the day on which you informed us of the revocation of this contract) send back the goods or deliver them to us. The deadline is met if you send off the goods before the end of the revocation period of 14 days. The immediate return shipping costs have to be borne by you. You are only liable for any potential loss of value of the goods if this loss of value can be attributed to any non-essential handling of the goods for the testing of the quality, properties and functionality by you.
§ 4 Prices and Payment
(1) Your purchase is without VAT and Tax and can be charged by the authorities in your country individually. Any customs duties and similar public charges shall be borne by the Customer.
(2) The shipping costs are including in our pricing information in our online shop. Additional, the price, including statutory VAT and possible shipping charges is viewable in the order form, before you place your order.
(3) You may pay either by prepayment, credit card or Paypal. By payment per bank transfer the full amount must be transferred up to 7 day after concluding the order.
(4) The receipt will be send via post with the ordered items.
§ 5 Delivery
(1) Products shall be shipped from Kapten & Son’s storage to the address you’ve registered.
(2) Generally we expect, that the shipping within Australia will take around 2-3 working days from the conclusion of the contract, if not agreed upon differently or stated otherwise in our Online Shop.
(3) Please note, that all information concerning shipping or delivery are non-binding and do not represent contractual assurances.
(4) Should we at Kapten & Son, without fault on our part, not be able to deliver your ordered items, because our shipping provider does not fulfil his contractual obligations not only in the short term, we are entitled to rescind the contract with you.
(5) Your other rights remain unaffected.
§ 6 Reservation of title
(1) We, Kapten & Son Australia, retain legal title to any product supplied by us until the purchase price (including VAT and shipping costs) for such product has been fully paid.
§ 7 Warranty
(1) The Kapten & Son GmbH grants you with a warranty of 24 months from the date of purchase of your Kapten & Son products. This exists additionally to the legal warranty.
(2) Within the warranty period we will correct all defects, due to material or manufacturing defects free of charge. In those cases please reach out to our Service Crew via our contact form. We will try to get in touch with you as quickly as possible and find a solution for the problem.
(3) Warranty does not cover
- Any kind of damage concerning the battery or straps every kind,
- Damage caused by incorrect usage and accidents (e.g. shock, fall, high water intrusion, scratches on glass),
- Contamination of the product after the conclusion of the contract.
(4) The warranty does not extend by unauthorised interference of the buyer or third party. The warranty period does not prolong through taking use of the warranty.
(5) If your Kapten & Son product has defects, please include your invoice as voucher when reclaiming the product.
§ 8 Liability of defects
(1) Unless otherwise specified, our liability for compensation is independent of the kind of breach of obligation and including unlawful acts limited to intentional or grossly negligent acts.
(2) In the case of the violation of key contractual violations, we shall be liable for any negligence, but only up to the amount of the foreseeable damage.
(3) All limitations or exclusions to liability will not refer to claims resulting from fraudulent behaviour. Furthermore, they shall not apply to liability for guaranteed characteristics and for claims according to the product liability law, as well as not to claims for injury to life, physical injury or damage to health.
(4) In the event that our liability should be excluded or limited, this also applies to our employees, workers, representative or performing and vicarious agents.
(5) Should Customer avail himself of his claim to supplementary performance, we will only fulfil by replacement delivery.
§ 9 Other provisions
(1) The exclusive place of jurisdiction for all and any disputes shall be - to the extent permissible by law - Australian. We shall be entitled to take legal action against Purchaser at anyplace where a statutory venue exists.
(2 )An assignment of claims against us requires the prior written approval.
(3) You only have the right of offset against our demands if his 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 of 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 towards us by the Buyer after conclusion of the contract (e.g. setting of deadlines, notifications of defects, declaration of cancellation or reduction), require the written form in order to be valid.
(6) Shall individual regulations of the contract with the Buyer, including these General Terms and Conditions be partially or completely invalid or if a gap becomes apparent, the validity of the remaining regulations will not be affected by this. In that case, the invalid provision or omission shall be replaced by an appropriate valid provision which comes as close as possible to the original contract or terms of conditions in the will of all contract partners, the economic meaning and in good faith to the replaced provision.
(7) Changes and supplements to the present General Standard Terms and Conditions and/or other contractual relations require written form, this also applies for a waiver of the written form requirement.