General Terms and Conditions of Business (As at February 2013)
General Terms and Conditions of Business of cadooz GmbH, Osterbekstraße 90b, 22083 Hamburg, for consumers interested in the offer at www.cadooz.com
I. General provisions
1. At www.cadooz.com you can redeem your BestChoice Voucher against vouchers of our numerous acceptance partners or against in-kind bonuses.
2. The issuer and debtor with regard to the vouchers ordered by you are the respective acceptance partners, which provide their services on the basis of their own contract and subject to their own contractual terms and conditions.
3. We are only obliged to send the voucher of the respective acceptance partner or to send the in-kind bonus.
4. We are not obliged to engage in continued cooperation with a particular acceptance partner. If an existing acceptance partner leaves the cooperation system, no claims can be derived from that fact.
5. We reserve the right to change the ordered denominations of the vouchers so that we can promptly process the order for the benefit of the customer. If the change leads to a reduction in the total number of vouchers, it shall only be carried out after prior consultation with the customer.
6. We are liable for damage which results from willful misconduct or grossly negligent impermissible action or a breach of contractual or pre-contractual obligations by us or our statutory representatives or vicarious agents. Liability for minor negligence is excluded unless it concerns a significant contractual obligation (“key obligation”) or an injury to life, the body and/or health.
In the event of liability for minor negligence, the liability shall be limited to the foreseeable damage. This shall not apply in the event of an injury to life, the body and/or health.
The liability provisions under the German Product Liability Act are not affected by these limitations of liability.
7. The use of the offer is subject exclusively to these General Terms and Conditions of Business. You accept these GTCs by confirming that you have familiarized yourself with them by marking the checkbox during the ordering process. You can view, print out and save these GTCs at www.cadooz.com/agb. We shall store the GTCs and send them to you by e-mail together with the order data. You can also print out the order confirmation with the print function of your browser.
8. No right of revocation exists for the redemption of the BestChoice Voucher against vouchers of our acceptance partner.
9. For the redemption of the BestChoice Voucher against in-kind bonuses, a right of revocation exists in accordance with section III of these GTCs. If you exercise your right of revocation with regard to in-kind bonuses, you must bear the regular costs of return shipment, if the delivered goods correspond to the ordered goods and if the price of the item to be sent back does not exceed € 40 or, where the price of the item is higher, if at the moment of revocation you have not yet rendered the counter-performance or made a contractually agreed partial payment. Otherwise, the return shipment of the goods will be free of charge for you.
10. The customer shall only have the right to set off counterclaims with regard to claims which are undisputed or have been established with legally binding effect.
11. The goods shall remain the property of cadooz GmbH until payment has been made in full.
II. Redemption procedure / ordering
You redeem your BestChoice Vouchers at www.cadooz.com, as follows:
1. Enter the BestChoice Voucher code number and click on "Verify code". We shall then verify the value which is available to you. You can then enter further voucher codes or begin shopping by clicking on "Continue to the shop".
2. Look for vouchers and/or in-kind bonuses of your choice and place them in the shopping cart by clicking on "Place in shopping cart".
3. You are then directed to your shopping cart, which displays the vouchers and/or in kind bonuses that you have selected. By clicking on "Delete" you can remove articles from the shopping cart. When you click on "Continue to checkout" you are directed to the "Checkout" area.
4. In the "Checkout" area you enter the delivery address and, if necessary, your contact details. By clicking on "Continue" you can provide a different invoice address.
5. After clicking on "Continue" you are provided with an overview of the data that you have entered so far. If the value of your order exceeds the value of your BestChoice Voucher credit, you can pay the difference by credit card or advance wire transfer.
6. By marking the checkbox to confirm that you have read and accept the GTCs and clicking on "Buy", you submit an offer to us for the redemption of your BestChoice Voucher. Your order number is displayed on the next page. Your offer is accepted by the voucher and/or the in-kind bonus being sent by e-mail. Depending what kind of vouchers you have ordered, they will be sent to you by post or e mail, and you can them redeem them with the providers.
As long as no other agreement has been arranged, cadooz solely uses personal data to conduct the terms of the contract. An use for any further purpose will only take place, if the affected persons complies, or if there is a legal exception. Further details can be taken from the privacy statement of the cadooz GmbH.
IV. Notice on revocation when in-kind bonuses are delivered
When you order an in-kind bonus, you are entitled to revoke your contractual declaration in accordance with the following provisions.
1. Revocation right
You can revoke your contractual declaration within 14 days without giving reasons in text form (e.g. by letter, fax or e-mail) or, if you receive the item before the time limit has ended, also by sending the item back. The time limit begins after you receive this notice in text form, but not before the in-kind bonus is received by the recipient and also not before we have fulfilled our disclosure obligations under Article 246.2 in conjunction with Article 1 par. 1 and 2 of the Introductory Act to the German Civil Code (EGBGB) and our obligations under Article 312g par. 1 sentence 1 of the German Civil Code (BGB) in conjunction with Article 246.3 EGBGB. For the time limit for revocation to be deemed to have been met, it is sufficient for the declaration of revocation or the in-kind bonus to be dispatched in good time. The declaration of revocation should be sent to:
The revocation right does not exist when vouchers are delivered or with regard to goods which are manufactured according to your customer specifications, have clearly been tailored to your personal needs, which by their nature are unsuitable for return shipment, which could rapidly perish or whose expiry date has been exceeded, where audio or video recordings are delivered or if software is delivered if the delivered data carriers have been unsealed by you or where newspapers, periodicals or magazines are delivered, unless you made your contractual declaration by telephone.
3. Consequences of revocation
In the event of effective revocation, the performances received by both parties must be returned and any benefits derived (e.g. interest) must also be returned. If you cannot return or surrender the performances and benefits (e.g. benefits of use) that you have received or can only return them partially or in a deteriorated condition, you must provide us with compensation. You need only provide compensation for the deterioration of the item and for benefits derived to the extent that the benefits or the deterioration are attributable to handling of the item above and beyond inspection of its properties and functioning.
You need only provide compensation for derived benefits to the extent that you have used the goods in a manner that goes beyond inspection of their properties and functioning. "Inspection of properties and functioning" should be understood to mean testing and trying out the respective goods such as would be possible and customary in a shop. Items capable of being shipped as a parcel shall be sent back at our risk. You must bear the regular costs of the return shipment if the delivered goods correspond to the ordered goods and if the price of the item to be sent back does not exceed € 40 or, where the price of the item is higher, if at the moment of revocation you have not yet rendered the counter-performance or made a contractually agreed partial payment. Otherwise, the return shipment shall be free of charge for you. Items which are not capable of being shipped as a parcel shall be collected from you. Obligations to reimburse payments must be fulfilled within 30 days. The time limit begins for you when you dispatch your declaration of revocation or the item, and for us upon the receipt thereof.
End of the revocation notice
V. Place of jurisdiction and governing law
The place of jurisdiction for all legal disputes between cadooz and companies is cadooz’ registered office. German law applies exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
