Terms and Conditions for the Creative-Cables online shop

Creative-Cables is always interested in offering customer-oriented solutions. If you have any issues with your purchase or the buying process, please feel free to contact us at any time, and we will work together with you to find a solution.

1. General
   1. The following contract terms and conditions (AGB) apply to all purchases made through the online shops of Mosaic. S.p.A. (below: CREATIVE-CABLES) under the domainhttps://www.creative-cables.comCompleted contracts with the customer (hereinafter: CUSTOMER).
   2. These terms and conditions contain specific provisions for customers who are entrepreneurs within the meaning of § 14 of the German Civil Code (hereinafter: ENTREPRENEUR). These special clauses for commercial transactions are identified by explicit reference to ENTREPRENEUR and do not apply to transactions with consumers. i.S.d. § 13 BGB refers to Section 13 of the German Civil Code (Bürgerliches Gesetzbuch).
   3. CREATIVE-CABLES does not recognize any differing general terms and conditions of the CUSTOMER, unless CREATIVE-CABLES has expressly and in writing agreed to them.
2. Conclusion of the contract
   1. By clicking on the corresponding button, the CUSTOMER can add the desired products and items to the shopping cart, and then initiate the ordering process by clicking on the shopping cart. Within the ordering process, the CUSTOMER must enter the required contact information for shipping and payment, and complete the order by clicking on the "Place Order" button.
   2. Input errors, especially items and products mistakenly placed in the shopping cart, can be corrected by the CUSTOMER by entering the desired quantity in the shopping cart and using the available buttons. During the ordering process, the CUSTOMER can correct input errors at other points such as z.B. Correct the address and delivery details by changing the information in the quick checkout process (order completion). Registered users can also provide a delivery address different from the stored data or edit the stored delivery address during the checkout process. The ordering process can be canceled at any time by closing the browser window.
   3. The presentation of products on the CREATIVE-CABLES online shop is merely an invitation to the CUSTOMER to place an order. The CUSTOMER makes a binding offer to conclude a contract for the items and products contained in the shopping cart by placing an order. CREATIVE-CABLES will immediately confirm the receipt of the order by email through an automated process. The automated order confirmation from the shop system does not yet establish a contractual relationship. CREATIVE-CABLES will accept the CUSTOMER's offer after checking the availability of the items by a separate declaration of acceptance via email or by sending the goods within a period of 5 days or 3 working days after the order. The purchase contract is only concluded with this separate declaration of acceptance or upon receipt of the goods within the aforementioned period. Invoicing is equivalent to a declaration of acceptance. Please check the spam folder of your email inbox regularly.
   4. The purchase contract is concluded with Mosaic. S.p.A
   5. The language available for entering into the contract is exclusively German.
3. Registration in our online shop; Processing of your personal data

You can order goods in our online shop as a guest or as a registered user. As a registered user, you do not have to provide your personal data every time, but you can simply log in to your customer account before or during an order using your email address and the password you chose when you registered. Registering alone does not create any obligation to purchase the goods we offer. When you sign up, you choose a personal username and password.

4. Contract text storage

The contract text is stored by CREATIVE-CABLES. The order data will be sent to the CUSTOMER separately in text form (email). The terms and conditions can also be accessed and printed in the online shop.

5. Right of withdrawal

Consumers are generally entitled to a legal right of withdrawal. The legal regulations regarding any existing right of withdrawal are solely outlined in theRight of withdrawal noticeAvailable to the CUSTOMER as part of the ordering process.

6. Prices and shipping costs
   1. The prices valid on the day of the order are those displayed in the online shop.
   2. The prices displayed on the online shop are indicated in Euro and include the legal value-added tax.
   3. When purchasing goods that are delivered in a package or through the postal service, the following applies: The prices displayed in the online shop do not include the shipping costs for packaging and postage. The shipping costs are dynamically calculated during the ordering process and displayed in the shopping cart overview before placing the order. The displayed prices are directly linked to the chosen shipping method. If a delivery other than the standard one is desired, additional costs will be incurred, which are to be borne by the CUSTOMER.
   4. Instead of standard shipping, we offer free shipping under certain conditions. You can find information on the conditions under which shipping is free on the shipping cost information page athttps://www.creative-cables.com/content/25-Handelsauskunft. 
7. Payment terms
   1. CREATIVE-CABLES only accepts the payment methods offered during the ordering process on the online shop. The CUSTOMER chooses their preferred payment method from the available options themselves.
   2. If a delivery is made against prepayment by bank transfer, the CUSTOMER must transfer the payment of the purchase price plus any delivery and shipping costs to CREATIVE-CABLES before the delivery. The delivery will be made after the full invoice amount has been received in CREATIVE-CABLES' account. The bank details will be provided to the CUSTOMER after the order has been placed.
   3. When a delivery is made against payment by credit card, the CUSTOMER authorizes, by providing their credit card details, the charging of the full invoice amount, including any applicable delivery and shipping costs, to the relevant credit card company when due. At the end of the ordering process, the CUSTOMER is prompted to enter their credit card number, the card's expiry date, and the security code into the corresponding form. Depending on the amount to be paid or the type of delivery, the customer may be required to provide a necessary second authentication feature by displaying the website of the credit institution. The CUSTOMER must then verify the payment process with their personal second authentication feature, such as a password, PIN, TAN, or biometric data like a fingerprint or facial scan through a special app. The specific type of identification used depends on the respective payment service provider.z.B. (debiting the customer's credit card institution). The charge will be processed with the order confirmation in this case. For more information, please contact your credit provider.
   4. If a payment is made through PayPal to the company PayPal (Europe) S.à r.l. and Company, S.C.A., If the PAYMENT is made through PayPal at 22 – 24 Boulevard Royal, L-2449 Luxembourg, the CUSTOMER must have a PayPal account and authenticate themselves with their PayPal credentials. The CUSTOMER must then go through the PayPal payment process and confirm the payment to CREATIVE-CABLES. Payments can also be made through PayPal without a PayPal account. The terms and conditions accessible through the PayPal payment method apply to the guest function of PayPal. If the CUSTOMER selects credit card payment through PayPal, they may be prompted by the bank's website for a required second authentication method, depending on the payment amount or type of delivery. The CUSTOMER must then verify the payment process with their personal second authentication method such as a password, PIN, TAN, or biometric data like fingerprints or facial scans using a specific app. For more information, please visit the PayPal website athttps://www.paypal.com/de/webapps/mpp/home.
   5. Set-off rights are granted to CUSTOMERS who are ENTREPRENEURS. i.S.d. Section 14 of the German Civil Code (BGB) only applies if the opposing claims have been finally determined, are undisputed or have been acknowledged by CREATIVE-CABLES, or if the opposing claims are based on the same legal relationship. This offsetting prohibition does not apply to CONSUMERS who are customers. i.S.d. § 13 BGB is.
8. Delivery and Shipping Terms - Information for calculating the delivery date
   1. The delivery of the goods, which are delivered in a package or by any other means through the postal service, will be made to the delivery address provided by the CUSTOMER in the order, unless otherwise agreed with the CUSTOMER, via postal service (package, parcel, letter, freight, etc.).
   2. The delivery time is indicated separately on each item or product page.
   3. The delivery time indicated on the article or product page starts on the business day following the payment order by the CUSTOMER to the transferring financial institution in the case of payment in advance, or on the business day following the day of the conclusion of the contract for all other payment methods.
   4. The risk of accidental loss and deterioration of the item sold passes to the entrepreneur upon delivery to them or a person authorized to receive it, in the case of a sale involving shipment, already upon delivery of the goods to a suitable carrier. In the case of deliveries to consumers, the risk of accidental loss and deterioration of the item sold, according to § 446 of the German Civil Code, passes to the consumer upon delivery of the goods to them. In terms of risk transfer, the customer being in default of acceptance is equivalent to delivery.
   5. Orders can be placed by all customers from the European Economic Area as well as possibly the additional countries specified in the online shop and/or in the shipping cost table. Deliveries of orders are only made to Germany and possibly to the countries specified in the online shop and/or in the shipping cost table.
   6. In case of delivery delays, CREATIVE-CABLES will inform the CUSTOMER promptly.
   7. If the carrier returns the purchased item to CREATIVE-CABLES because delivery to the CUSTOMER was not possible, the CUSTOMER will bear the costs for a new shipment. This does not apply if the CUSTOMER has exercised any existing right of withdrawal in parallel with the refused acceptance, or if the situation preventing delivery was not the CUSTOMER's fault, or if the CUSTOMER was temporarily unable to accept the service offered, unless CREATIVE-CABLES had notified the CUSTOMER of the service in advance for a reasonable time.
9. Retention of title
   1. CREATIVE-CABLES retains ownership of the items sold until the full payment of the purchase price has been made.
   2. The goods subject to retention of title may not be pledged to third parties or transferred as security by the CUSTOMER before the secured claims are fully paid. The CUSTOMER must immediately notify CREATIVE-CABLES in writing if and to the extent that third parties attempt to access CREATIVE-CABLES' goods.
   3. In the event of the CUSTOMER's breach of contract, especially in case of non-payment of the due purchase price, CREATIVE-CABLES is entitled to withdraw from the contract according to legal regulations and demand return of the goods based on retention of title and withdrawal. If the CUSTOMER does not pay the due purchase price, CREATIVE-CABLES may only assert these rights if an appropriate deadline for payment has been unsuccessfully set for the CUSTOMER beforehand, or if such deadline setting is dispensable according to legal regulations.
10. Warranty/Fault liability/Notification of defects
    1. The rights in case of defects in the purchased item are governed by the legal provisions.
    2. Warranty claims by entrepreneurs who are merchants i.S.d. HGB (German Commercial Code) requires that the parties have fulfilled their obligations to inspect and give notice of defects as per § 377 HGB within 14 calendar days after receiving the goods, in written form. This obligation to report defects does not apply to customers who are consumers. i.S.d. § 13 BGB.
    3. The limitation period for warranty claims by BUSINESSES is 12 months, calculated from the transfer of risk to the BUSINESS. This shortening of the warranty obligation does not apply to CUSTOMERS who are consumers. i.S.d. § 13 BGB is.
11.  Liability
    1. The CUSTOMER's claims for damages or reimbursement of futile expenses against CREATIVE-CABLES are governed by provisions that are separate from warranty law, regardless of the legal nature of the claim under these provisions.
    2. The liability of CREATIVE-CABLES is excluded - regardless of the legal grounds - unless the cause of the damage is due to intent and/or gross negligence of CREATIVE-CABLES, its employees, representatives, or agents. To the extent that the liability of CREATIVE-CABLES is excluded or limited, this also applies to the personal liability of employees, representatives, or agents of CREATIVE-CABLES. The liability of CREATIVE-CABLES under the Product Liability Act remains unaffected (§ 14 ProdHG).
    3. For damages resulting from the injury to life, body, or health caused by an intentional, grossly negligent, or negligent breach of duty by CREATIVE-CABLES or a legal representative or agent of CREATIVE-CABLES, CREATIVE-CABLES is liable according to legal provisions.
    4. If CREATIVE-CABLES negligently violates an essential contractual obligation, that is, an obligation whose fulfillment is of particular importance for achieving the purpose of the contract (essential contractual obligation or cardinal obligation), liability is limited to the typical foreseeable damages, that is, damages whose occurrence must typically be expected within the framework of the contract. An essential contractual or cardinal obligation in the aforementioned sense is one whose fulfillment enables the proper execution of this contract and on which the CUSTOMER regularly relies and may trust.
12.  Data storage and data protection

Only the data protection regulations of the data protection declaration on the website apply.https://www.creative-cables.com/content/18-datenschutz.

13.  Note according to Article 14 of the ODR Regulation
    1. CUSTOMERS, consumers i.S.d. § 13 of the German Civil Code (BGB) provide consumers with the possibility to use the EU portal "Your Europe" in case of a dispute.https://europa.eu/youreurope/citizens/index_de.htm) to carry out an online conciliation procedure involving a recognized conciliation body. To do so, you can use the EU's online conciliation platform at the URL:https://ec.europa.eu/consumers/odr/Serve.
    2. The online mediation procedure is not a mandatory prerequisite for resorting to competent ordinary courts, but rather provides an alternative way to resolve disputes that may arise within the context of a contractual relationship.
    3. Other national regulations concerning the implementation of conciliation procedures are not affected by the aforementioned provisions in paragraphs 13.1 and 13.2.
14. Notice according to § 36 VSBG
    1. For CUSTOMERS who are consumers within the meaning of § 13 BGB, there is generally the possibility to seek an alternative dispute resolution procedure within the meaning of § 36 VSBG.
    2. The alternative arbitration procedure is not a mandatory prerequisite for resorting to competent ordinary courts, but rather represents an alternative way to resolve differences that may arise within the context of a contractual relationship.
    3. CREATIVE-CABLES does not participate in the alternative dispute resolution procedure in accordance with § 36 VSBG.
15. Final provisions
    1. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
    2. For consumers who do not enter into the contract for professional or commercial purposes, the above choice of law shall only apply to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country where the consumer has his habitual residence.
    3. If the CUSTOMER is a merchant, a legal entity under public law, or a public-law special fund, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of CREATIVE-CABLES in Turin (TO) - Italy.
    4. The same applies if the CUSTOMER is a business owner and does not have a general place of jurisdiction in Germany or if their residence or habitual abode is not known at the time the lawsuit is filed. The authority of CREATIVE-CABLES to also invoke the court at another legal place of jurisdiction remains unaffected by this.