Terms of service
General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you conclude with us as a supplier (CAPIEM GmbH ) via the website The following terms and conditions apply to contracts which you conclude with us as the supplier (CAPIEM GmbH ) via the diavon.de website, unless an amendment is agreed in writing between the parties. Deviating or conflicting terms and conditions are only effective with our express consent.
(2) We only offer our products for sale if you are a natural or legal person or a partnership with legal capacity acting in the exercise of your commercial or independent professional activity when concluding the legal transaction (entrepreneur). The conclusion of a contract with consumers is excluded.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods. The essential characteristics of the goods can be found in the respective offer.
(2) By placing the respective product on our website, we submit a binding offer to conclude a contract via the online shopping basket system on the terms and conditions stated in the respective offer.
(3) The contract is concluded via the online shopping basket system as follows:
The goods intended for purchase are placed in the "shopping basket". You can call up the "shopping basket" via the corresponding button in the navigation bar and make changes there at any time.
After calling up the "Checkout" page and entering the personal data as well as the payment and shipping conditions, the order data will finally be displayed to you as an order overview.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofortüberweisung) as a payment method, you will either be redirected to the order overview page in our online shop or to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, make the corresponding selection or enter your data there. Finally, you will be shown the order data as an order overview on the website of the provider of the instant payment system or after you have been redirected back to our online shop.
Before submitting the order, you have the option of checking the details in the order overview again, changing them (also using the "back" function of the Internet browser) or cancelling the order. By sending the order via the corresponding button, you declare the legally binding acceptance of the offer, whereby the contract is concluded.
(4) You can also submit a binding offer of contract (order) by telephone, e-mail, fax or post.
The acceptance of the offer (and thus the conclusion of the contract) takes place in the case of an order by telephone immediately or at the latest within 5 days by confirmation in text form (e.g. e-mail) in which the execution of the order or delivery of the goods is confirmed to you (order confirmation).
If you have not received a corresponding message within this period, you are no longer bound to your order. In this case, any services already rendered will be refunded immediately.
(5) Upon request, we will provide you with an individual offer, which will be sent to you in text form and to which we are bound for 5 days (unless another period is stated in the respective offer). You accept the offer with confirmation in text form.
(6) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is carried out by e-mail, in part automatically. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of the e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
§ 3 Individually designed goods
(1) You shall provide us with the suitable information, texts or files required for the individual design of the goods via the online ordering system or by e-mail at the latest immediately after conclusion of the contract. Our specifications on file formats, if any, shall be observed.
(2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, rights to a name, trademark rights) or violates existing laws. You expressly indemnify us against all claims asserted by third parties in this connection. This also applies to the costs of legal representation required in this context.
(3) We do not check the transmitted data for correctness of content and in this respect do not assume any liability for errors.
(4) Insofar as stated in the respective offer, you will receive a draft correction from us which you must check without delay. If you agree with the draft, you shall release the draft for execution by countersigning it in text form (e.g. e-mail).
The design work will not be carried out without your approval.
You are responsible for checking the proof for correctness and completeness and for informing us of any errors. We accept no liability for errors that are not objected to.
§ 4 Prices, terms of payment and shipping costs
(1) The prices stated in the respective offers as well as the shipping costs are net prices. They do not include the statutory value added tax.
(2) The shipping costs incurred are not included in the purchase price; they are charged separately unless free shipping has been promised. Further details can be found under a correspondingly designated button on our website or in the respective offer.
(3) You have the payment options shown under a correspondingly designated button on our website or in the respective offer. Insofar as no other payment deadline is specified for the individual payment methods or on the invoice, the payment claims arising from the concluded contract are due for payment immediately. The deduction of discounts is only permissible if expressly stated in the respective offer or invoice.
§ 5 Terms of delivery
(1) The expected delivery period is stated in the respective offer. Delivery dates and delivery periods are only binding if they have been confirmed by us in writing. In the case of payment in advance by bank transfer, the goods will not be dispatched until we have received the full purchase price and the shipping costs.
(2) If, contrary to expectations, a product ordered by you is not available despite the timely conclusion of an adequate covering transaction for a reason for which we are not responsible, you will be informed immediately of the unavailability and, in the event of withdrawal, any payments already made will be refunded immediately.
(3) Shipment shall be at your risk. If you so wish, the goods will be shipped with appropriate transport insurance, whereby the costs arising from this are to be borne by you.
(4) Partial deliveries are permissible and can be invoiced independently by us, provided that you are not burdened with additional shipping costs as a result.
§ 6 Warranty
(1) The warranty period is one year from delivery of the goods. The shortening of the period shall not apply
- for culpably caused damage attributable to us arising from injury to life, limb or health and in the case of other damage caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- in the case of items which have been used for a building in accordance with their customary use and have caused its defectiveness;
- in the case of statutory rights of recourse which you have against us in connection with rights arising from defects.
(2) Only our own specifications and the manufacturer's product description shall be deemed agreed as the quality of the item, but not other advertising, public promotions and statements by the manufacturer.
(3) In the event of defects, we shall, at our discretion, provide warranty by rectification or subsequent delivery. If the rectification of defects fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the item or the defect or other circumstances indicate otherwise. In the event of rectification, we shall not have to bear the increased costs incurred by transporting the goods to a place other than the place of performance, provided that the transport does not correspond to the intended use of the goods.
§ 7 Right of retention, reservation of title
(1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) We retain title to the goods until all claims arising from the current business relationship have been settled in full. Prior to the transfer of ownership of the goods subject to retention of title, a pledge or transfer of ownership by way of security is not permitted.
(3) You may resell the goods in the ordinary course of business. In this case you already now assign to us all claims in the amount of the invoice amount accruing to you from the resale; we accept the assignment. You are further authorised to collect the claim. However, insofar as you do not properly fulfil your payment obligations, we reserve the right to collect the claim ourselves.
(4) If the reserved goods are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
(5) We undertake to release the securities to which you are entitled at your request insofar as the realisable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released shall be incumbent upon us.
§ 8 Choice of law, place of performance, place of jurisdiction
(1) German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
(2) The place of performance as well as the place of jurisdiction is our registered office, insofar as you are a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU.
II. Customer information
1. Identity of the provider
Am Alten Bahnhof 8
Phone: +49 9381 5242280
2. Information on the conclusion of the contract
The technical steps for the conclusion of the contract and the conclusion of the contract itself, as well as the possibilities of correction, are carried out in accordance with § 2 of our General Terms and Conditions of Business (Part I).
3. contract language, contract text storage
3.1 The contract language is German.
3.2 We do not store the complete text of the contract. Before sending the order or the enquiry, the contract data can be printed out or electronically saved using the browser's print function.
These GTC and customer information have been prepared by the lawyers of the Händlerbund who specialise in IT law and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. You can find more information at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
last update: 27.10.2020