Terms & Conditions
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”).
If you do not agree to these Terms, you may not use the Site or purchase our products.
Our store is hosted on Shopify Inc., which provides us with the 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 to:
-
Consumers within the meaning of Art. 2(1) EU Consumer Rights Directive / § 13 BGB, and
-
Entrepreneurs (§ 14 BGB), unless otherwise expressly stated.
If there is a conflict between these Terms and mandatory consumer protection law in your country of residence within the EU/EEA or UK, the mandatory law of your country prevails.
3. Online Store Terms & Eligibility
By using our Site and placing an order, you confirm that:
-
you are at least the age of majority in your country of residence, or
-
you have permission from a parent or legal guardian to use this Site.
You may not use our Site or products for any illegal or unauthorised purpose, and you must not violate any applicable laws (including intellectual property and export laws).
You must not transmit any viruses, malware or other harmful code. A breach of these Terms may result in immediate termination of your access to the Service.
4. Contract Formation & Acceptance of Terms
The presentation of products in our online shop is not a legally binding offer but an invitation to place an order.
By completing the order process and clicking the “Buy now”, “Place order” or similarly labelled button in the checkout, you submit a binding offer to purchase the products in your cart.
We may accept your offer by:
-
sending you an order confirmation by email, or
-
dispatching the goods.
The contract is concluded when we accept your offer.
Contract language: English.
During the checkout flow, you will be asked to confirm that you have read and accepted these Terms & Conditions, and a link to this T&Cs page will be clearly visible. By completing payment, you confirm your acceptance of these Terms.
5. Prices, VAT & Payment
All prices in the online shop:
-
are shown in Euro (EUR) (or other currencies where indicated),
-
include German VAT where applicable, and
-
exclude shipping costs, which are displayed 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 your responsibility and are not included in our prices.
Accepted payment methods
We currently accept, among others:
-
Revolut Pay
-
Visa
-
Mastercard
-
Maestro
-
PayPal
We may adjust accepted payment methods at any time.
When we capture the money from your card
For card and similar electronic payments:
-
Your card/payment method is authorised at checkout, and
-
The amount is captured (charged) when your order is accepted, usually immediately after order confirmation.
For some payment methods (e.g. PayPal, wallets), the charge may occur at the time you approve the payment in their interface, according to their terms.
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, and
-
United Kingdom, USA, Switzerland and selected countries worldwide (“ROW”).
Shipping is handled via:
-
DHL
-
UPS
-
FedEx
-
and, where applicable, other logistics partners.
Shipping costs and options (e.g. standard / express, free and/or flat rates) depend on the destination and are clearly shown during checkout before you place your order. Additional details may be provided in our Shipping Policy.
Delivery times vary by country and shipping method and are given as estimates, not guaranteed delivery dates.
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 any payments already made will be refunded. If we have accepted your order and the product later becomes unavailable, we will notify you and refund any payments.
7. Retention of Title
The delivered goods remain our property until full payment of the purchase price has been received by us.
8. Right of Withdrawal (EU/EEA & UK Consumers)
If you are a consumer residing in the EU/EEA or UK, you have a 14-day right of withdrawal for online purchases under applicable consumer 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 physical possession of the goods.
Exercising your right of withdrawal
To exercise your right of withdrawal, you must inform us of your decision to withdraw from the contract by a clear statement (e.g. email):
Email: contact@capu.de
You may use any clear statement; a specific form is not required.
Effects of withdrawal
If you withdraw from this contract:
-
we will refund all payments received from you, including the cost of standard delivery (but excluding any additional costs for non-standard delivery),
-
without undue delay and at the latest 14 days from the day we receive your notice of withdrawal.
We may withhold the refund until we have received the goods back or you have supplied evidence of having sent them back, whichever is earlier.
You must send back or hand over the goods to us without undue delay, and in any event no later than 14 days from the day on which you notified us of your withdrawal. The deadline is met if you send the goods before the period of 14 days has expired.
Further details (including any exceptions if applicable) may be set out in our Returns / Refund Policy.
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 prepaid return label or reimburse reasonable return shipping costs. -
Returns from non-EU countries (UK, USA, Switzerland, ROW):
Returns from outside the EU 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 agree on the most suitable solution.
Goods should be returned in their original condition and packaging where reasonably possible. This does not limit your statutory rights if goods are defective or not as described.
10. Product Lifetime Guarantee
We stand behind the quality of our products and offer a Lifetime Guarantee as a voluntary additional 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 from regular use
b. Accidental damage, impact damage, or damage from dropping the product
c. Misuse, improper handling, modification or unauthorised repair
d. Cosmetic changes 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 (order number or receipt) 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 us 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;
-
limit the quantities of any products that we offer; and
-
change product descriptions and prices at any time without prior notice, provided this does not affect existing contracts.
12. Accuracy of Billing & Account Information
We reserve the right to refuse any order you place with us.
We may, at our discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed:
-
using the same customer account,
-
using the same payment card, and/or
-
with the same billing and/or shipping address.
If we change or cancel an order, we may attempt to notify you via the email and/or billing address/phone number you 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 such information as needed.
13. Third-Party Tools & Links
We may provide access to tools and services from third parties over which we neither monitor nor have any control.
You acknowledge that we provide access to such tools and links “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 or links to websites operated by third parties. We are not responsible for examining or evaluating their content 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 with them.
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 such 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, as far as legally permissible (including after you have submitted your order).
16. Prohibited Uses
In addition to other prohibitions set out 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 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 malware or any other type of 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 if you violate 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, or
-
any 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 a contract with you 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. Complaints & Dispute Resolution
If you have any complaint regarding our products or services, please contact us so we can resolve the issue directly:
Email: contact@capu.de
Phone: +49 89 50008290
We aim to respond to customer complaints within a reasonable time and to offer a fair solution.
If you are an EU consumer and we cannot resolve a dispute, you may also use the European Commission’s Online Dispute Resolution (ODR) platform:
https://ec.europa.eu/consumers/odr
Participation in alternative dispute resolution procedures is voluntary unless required by mandatory law in your country.
20. 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 out of your breach of these Terms or your violation of any law or the rights of a third party.
21. 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 shall not affect the validity and enforceability of the remaining provisions.
22. 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.
23. 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/EEA or UK.
For business customers, the place of jurisdiction is the registered office of CAPU GmbH. For consumers, the statutory places of jurisdiction apply.
24. Changes to These Terms
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 Site or the Service following the posting of any changes constitutes acceptance of those changes.
25. Contact Information
Questions about these Terms & Conditions should be sent to:
Email: contact@capu.de
