Terms & Conditions (AGB)

1. Overview

This website is operated by CAPU GmbH (“CAPU”, “we”, “us”, “our”).

Company details:

CAPU GmbH
Forsthausstraße 3c
82031 Grünwald
Germany

Registered with: Amtsgericht München
Commercial register (HRB): 224925
Managing director: Manuela Gruber
Phone: +49 89 50008290
Email: contact@capu.de

By visiting our website and/or purchasing something from us, you engage in our Service and agree to be bound by these Terms & Conditions (“Terms”, “Terms of Service”). These Terms apply to all users of the site, including without limitation users who are browsers, customers, merchants, and/or contributors of content.

If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services.

Our store is hosted on Shopify Inc., which provides us with the online e-commerce platform that allows us to sell our products and services to you.

2. Scope of Application

These Terms apply to all contracts concluded via our online shop at www.capu.de
between CAPU and you as our customer.
They apply both to consumers within the meaning of Art. 2(1) of the EU Consumer Rights Directive / § 13 BGB and, where applicable, to entrepreneurs (§ 14 BGB), unless otherwise expressly stated.

In case of conflict between these Terms and mandatory consumer protection law in your country of residence within the EU, the latter shall prevail.

3. Online Store Terms & Eligibility

By agreeing to these Terms, you confirm that:

you are at least the age of majority in your country of residence, or

you have the permission of a parent or legal guardian to use this site.

You may not use our products for any illegal or unauthorised purpose. In using the Service, you must not violate any applicable laws (including but not limited to copyright and trademark laws).

You must not transmit any worms, viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your access to the Service.

4. Contract Formation

The presentation of products in our online shop does not constitute a legally binding offer, but an invitation to place an order.

By completing the order process in our online shop and clicking the “Buy now” / “Place order” button, you submit a binding offer to purchase the products in your cart.

We may accept your offer by:

sending an order confirmation by email, or

dispatching the goods.

The contract is concluded when we accept your offer.

The contract language is English.

5. Prices, VAT & Payment

All prices shown in the online shop:

are in Euro (EUR) (or other currencies where indicated),

include German VAT where applicable, and

exclude shipping costs, which are shown separately during checkout.

If you order from outside the EU, local taxes, customs duties or import charges may be levied by your local customs authority. These are borne by you and are not included in our prices.

Accepted payment methods

We currently accept the following payment methods:

Revolut Pay

Visa

Mastercard

Maestro

PayPal

We reserve the right to modify accepted payment methods at any time. Payment is due immediately upon conclusion of the contract.

6. Shipping, Delivery & Availability

All orders are shipped from Germany.

We currently ship to:

All EU member states

United Kingdom, USA, Switzerland and selected countries worldwide (ROW)

Shipping is handled via:

DHL

UPS

FedEx

Delivery times and shipping costs vary depending on the destination country and will be displayed during checkout. Delivery dates provided are estimates and not guaranteed.

If a product is not available at the time of order, we will inform you without undue delay. If the product is permanently unavailable, we will not accept your order and no contract will be formed. If we have already accepted your order and the product subsequently becomes unavailable, we will inform you and refund any payments made.

7. Retention of Title

The delivered goods remain our property until full payment has been received.

8. Right of Withdrawal (EU Consumers)

If you are a consumer residing in the EU, you have a 14-day right of withdrawal in accordance with EU consumer protection law.

Withdrawal period

The withdrawal period is 14 days from the day on which you or a third party named by you (who is not the carrier) has taken possession of the goods.

Exercise of the right of withdrawal

To exercise your right of withdrawal, you must inform us via email (contact@capu.de) of your decision to withdraw from this contract by means of a clear statement.

Effects of withdrawal

If you withdraw from this contract:

we will refund all payments we have received from you, including standard delivery costs, without undue delay and at the latest within 14 days from the day on which we receive your notification of withdrawal,

the refund will be made using the same means of payment you used for the original transaction, unless expressly agreed otherwise, and

no fees will be charged for this refund.

We may withhold the refund until we have received the goods back or you have provided proof that you have sent back the goods, whichever is the earlier.

You must send back the goods without undue delay and in any event no later than 14 days from the day on which you notify us of the withdrawal. The deadline is met if you send back the goods before the period of 14 days has expired.

9. Returns & Return Costs

We want you to be fully satisfied with your purchase.

Returns from EU countries:
Returns from EU countries are free of charge for you. We will either provide a return label or reimburse reasonable return shipping costs.

Returns from non-EU countries (UK, USA, Switzerland, ROW):
Returns are handled on a case-by-case basis. Please contact us at contact@capu.de before returning any goods from outside the EU so we can find the most suitable solution.

Goods should be returned in their original condition and packaging where reasonably possible. This does not affect your statutory rights if goods are defective.

10. Product Lifetime Guarantee

We stand behind the quality of our products and offer a Lifetime Guarantee as an additional, voluntary warranty.

Scope of the Guarantee

CAPU GmbH (“CAPU”) provides a lifetime guarantee (“Guarantee”) against defects in materials or workmanship for a period of 10 years from the original date of purchase (“Lifetime”). Each product is individually quality-checked and inspected by hand prior to shipment.

Eligible Claims

This Guarantee covers defects attributable solely to manufacturing or material faults. CAPU will, at its discretion, repair or replace the defective product or component.

Exclusions

This Guarantee does not cover:

a. Normal wear and tear resulting from regular use
b. Accidental damage, impact damage, or damage caused by dropping the product
c. Misuse, improper handling, modification, or unauthorised repair
d. Cosmetic changes occurring through normal use (e.g. scratches, patina)
e. Loss or theft of the product
f. Consumable parts, where applicable

Proof of Purchase & Ownership

A valid proof of purchase is required for all warranty claims.
This Guarantee applies exclusively to the original purchaser and becomes void if the product is gifted, transferred, or resold.

How to Make a Claim

To submit a claim, the original purchaser must contact our customer support at contact@capu.de with:

a description of the defect

photographs or video documentation

proof of purchase (order number or receipt)

Limitation of Liability under the Guarantee

CAPU’s liability under this Guarantee is limited to repair or replacement of the defective product. No further claims, including for consequential or incidental damages, shall be accepted unless required by mandatory law.

This Guarantee is offered in addition to, and does not affect, your statutory consumer rights.

11. Product Information, Colours & Availability

We make every effort to display our products and their colours as accurately as possible. However, we cannot guarantee that your device’s display will represent colours correctly.

We reserve the right to limit the sales of our products to any person, geographic region or jurisdiction on a case-by-case basis and to limit the quantities of any products that we offer. All product descriptions and prices are subject to change at any time without notice.

12. Accuracy of Billing & Account Information

We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, household or order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.

In case of changes to or cancellation of an order, we may attempt to notify you via the email and/or billing address/phone number provided at the time of the order.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store and to promptly update this information as needed.

13. Third-Party Tools & Links

We may provide you with access to third-party tools over which we neither monitor nor have any control or input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind.

Certain content, products and services available via our Service may include materials from third parties or links to third-party websites. We are not responsible for examining or evaluating the content or accuracy and will not be liable for any third-party materials, websites, products or services. You are responsible for reviewing third-party terms and policies before engaging in any transaction.

14. Personal Data & Privacy

Your submission of personal information through the store is governed by our Privacy Policy, which forms an integral part of these Terms. You can view our Privacy Policy on a separate page on this website.

15. Errors, Inaccuracies & Omissions

Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, transit times or availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order), as far as legally permissible.

16. Prohibited Uses

In addition to other prohibitions set forth in these Terms, you are prohibited from using the site or its content:

for any unlawful purpose;

to solicit others to perform unlawful acts;

to violate any applicable regulations, rules, laws or ordinances;

to infringe upon or violate our intellectual property rights or the rights of others;

to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate;

to submit false or misleading information;

to upload or transmit malicious code;

to collect or track the personal information of others;

to spam, phish, pharm, pretext, spider, crawl or scrape;

for any obscene or immoral purpose; or

to interfere with or circumvent the security features of the Service or any related website.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

17. Disclaimer of Warranties

You agree that your use of our Service is at your sole risk. Except where otherwise expressly stated and subject to mandatory consumer law, the Service and all products and services delivered to you through the Service are provided “as is” and “as available” without any representation, warranties or conditions of any kind, either express or implied, including implied warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose, durability, title and non-infringement.

Nothing in these Terms excludes or limits statutory warranties that cannot be excluded or limited under applicable law.

18. Limitation of Liability

To the fullest extent permitted by law, CAPU GmbH, our directors, officers, employees and agents shall not be liable for any:

indirect, incidental, special or consequential damages,

loss of profits, revenue, data or savings,

arising out of or in connection with your use of the Service or any products purchased via our store.

Our overall liability for any claim arising out of or relating to the contract is limited to the purchase price paid for the product giving rise to the claim, except where mandatory law provides otherwise.

Your statutory rights as a consumer remain unaffected.

19. Indemnification

You agree to indemnify and hold harmless CAPU GmbH and our affiliates, partners, officers, directors, agents, contractors, licensors and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising from your breach of these Terms or your violation of any law or the rights of a third party.

20. Severability

If any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms. This determination shall not affect the validity and enforceability of any other remaining provisions.

21. Termination

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by ceasing to use our site. If, in our sole judgment, you fail to comply with any provision of these Terms, we may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination.

22. Governing Law & Jurisdiction

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Germany, without prejudice to any mandatory consumer protection provisions applicable in your country of residence within the EU.

For business customers, the place of jurisdiction is the registered office of CAPU GmbH. For consumers, the statutory places of jurisdiction apply.

23. Changes to the Terms of Service

You can review the most current version of these Terms at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes on our website. Your continued use of or access to our website or the Service following the posting of any changes constitutes acceptance of those changes.