§ 1 place of performance
The place of performance for all services from the delivery contract is the company headquarters of the seller.
§ 2 place of jurisdiction
As far as this is legally permissible, Heek is agreed as the place of jurisdiction.
§ 3 content of the contract
Orders are only considered accepted after the seller has confirmed the content specified in the confirmation. Subsidiary agreements are ineffective.
All orders are subject to any public law permits required by the contract. especially of export and import permits.
Weight, size, color and quality information are only approximate. Patterns are to be regarded as approximate failure patterns.
§ 4 delivery
The goods are delivered ex works. The buyer bears shipping costs and the risk of shipping.
Packaging will only be charged if the buyer requests special packaging that goes beyond the usual packaging.
The acceptance of the goods by the buyer is the main obligation of the contract. If the acceptance of the goods is not carried out as agreed, the seller has the right to withdraw from the contract or to demand compensation instead of the service after having given the buyer a reasonable grace period for the acceptance of the goods; the storage costs incurred during the subsequent delivery period are borne by the buyer.
§ 5 interruption of delivery
In the event of force majeure, industrial action, official measures as well as such fault-free operational disruptions that last or are expected to continue for more than a week, the delivery period or acceptance period will be extended by the duration of the disability, at the most by 3 weeks. Operating disruptions that are expected to last longer than 2 weeks must be reported to the buyer.
If the delivery or the acceptance from the in. 1 mentioned reasons does not take place in time, the other contracting party must set a reasonable period for delivery or acceptance. The following §6 also applies to delivery by the seller. After this period, the party is entitled to withdraw from the contract.
Claims for damages due to late delivery or acceptance from the in 5 no. 1 reasons mentioned are excluded.
§ 6 subsequent delivery period
Within the delivery times indicated by the seller on collection cards, price labels, appointment lists or in any other way to the buyer. the exact time of delivery depends on the operational conditions of the seller. After a delivery period has expired, a subsequent delivery period of no longer than 12 days is set in motion. After expiry of the subsequent delivery period, the buyer can withdraw from the contract under the conditions of 323 BGB. Claims for damages against the seller are excluded in these cases, unless the obligation is based on willful or grossly negligent behavior on the part of the seller or his vicarious agents. In this case, too, claims for damages are limited to the foreseeable damage typical for the contract. Claims for damages due to injury to life, limb and health remain unaffected.
Fixed transactions are not made. Exceptions to this require written confirmation from the seller.
Claims by the buyer due to late delivery are excluded before the expiry of all subsequent delivery periods.
§ 7 notice of defects
Complaints are to be made immediately and will only be taken into account if the buyer is notified to the seller in writing immediately after receipt of the goods. Section 377 FGB remains unaffected. Slight deviations in quality, color, width. Weight, equipment or Dassin are no reason for complaint. Warranty claims and the right of return are excluded for samples and trial deliveries. The seller must be given the opportunity to have the defects reported checked by an expert on the spot.
Rejected goods may only be returned with the approval of the seller. However, if there is no response within a week to a written complaint under threat of return, the buyer is entitled to return the goods; however, the purchaser's notice of defects is not yet recognized
In the event of justified complaints, the seller is, at his option, obliged to rectify the defects or to deliver new ones within a reasonable period. If the seller does not meet his obligation within a reasonable period set by the buyer, the buyer can demand a reasonable reduction in the purchase price or withdraw from the contract. Claims for damages against the seller are excluded, unless. they are based on willful or negligent behavior by the seller or one of his vicarious agents. For the rest, claims for damages against the seller are limited to the contractually foreseeable damage. Claims for damages due to injury to life, limb and health remain unaffected.
In the case of hidden defects, the legal requirements apply. The replacement of consequential harm caused by a defect is excluded, insofar as this is additional by law. Insofar as the goods lack an agreed quality, damage to the Mangelfo will only be reimbursed if they are to be paid for with the agreed quality. In this case, liability is limited to the interests of performance.
Warranty claims for defects are to be asserted in court within one month of the seller's express written rejection of the claim. After this period they expire.
G. In connection with notices of defects, the assertion of processing fees and other costs by the buyer is excluded.
§ 8 sample calculation
Samples are calculated at the price of the sample goods.
§ 9 credit check
The seller reserves the right to check the creditworthiness of the buyer before accepting the order. If this check reveals a poor or insufficient creditworthiness, the seller is entitled to withhold a contractually owed service even after acceptance of the order / order confirmation. In this case, the buyer is obliged to make advance payments. The seller's right of retention expires if the buyer has paid the seller the full consideration. The rights of the seller from §323 BGB remain unaffected.
§ 10 issue of invoices
The invoices are issued on the day of dispatch, or in the event of an unintentional delivery impediment on the day of dispatch.
§ 11 payment
The bills are payable:
within 10 days before the day of the invoice with a 4% discount.
from the 11th to the 30th day from the day the invoice is issued with a 2.25% discount
from the 31st to the 60th days from the date of issue of the invoice without discount. Deviations from this require a written agreement.
Checks and bills of exchange only count as payment after they have been cashed. Any discount and bank charges are borne by the buyer. If bills of exchange are accepted from the date of the invoice, a surcharge of 1% of the bill of exchange amount will be charged. The first condition of a term of 90 days from the date of issue applies.
The timely payment depends on the receipt of the payment amount in the seller's account. In the case of bank transfers, the day of credit on the seller's account applies.
§ 12 late payment
In the event of late payment, default interest in the amount of 8% above the base rate acc. § 247 BGB calculated. In addition, the buyer is obliged to compensate the seller for any further damage caused by delay.
Before full payment of the invoice amount due, including accrued default interest and any further damage caused by delay, the seller is not obliged to make any further deliveries from any current contract.
If the buyer is in arrears with a payment due, there will be a significant deterioration in his financial situation. the seller can demand prepayment for outstanding deliveries from any current contract, with the payment deadline.
The seller is also entitled. Revoke payment agreements and payment terms for other goods delivered, reclaim any bills of exchange from the bank and request cash payment. The right to prepayment does not become void by paying the amounts with which the buyer was in arrears.
In the case of several due claims, the seller determines which claim should be repaid in the event of payment. Without such a provision, the oldest claim is deemed to have been paid off first. An opposing provision of the buyer is ineffective.
Delivery deadlines and short deliveries, which are due to late payment, are borne by the buyer.
§ 13 method of payment
Payment must be made in cash, check, bank, checking or postal check transfer. If check protests occur, payment by check can no longer be made.
§ 14 Offsetting, right of retention
Offsetting is only permitted for undisputed or legally established claims. Retention of due invoice amounts is not permitted. Deductions (e.g. for postage) are not permitted under all circumstances.
§15 retention of title
The delivered goods remain the property of the seller for full payment of all conditional, limited or not yet due claims from the business relationship with the buyer. The retention of title remains in effect even if the seller is entitled to exemption from liability for bills of exchange as an exhibitor.
The buyer can sell the goods in the ordinary course of business. Any pledging or transfer of ownership of the goods in favor of third parties or any other impairment of the seller's rights by third parties is excluded. If the goods subject to retention of title are seized by third parties, the buyer must immediately inform the seller in writing.
All claims of the buyer from the resale of the reserved goods have already been assigned to the seller in advance. If the reserved goods are sold by the Beetle together with other goods that do not belong to the seller, the purchase price claim is only assigned in the amount of the value of the reserved goods.
At the request of the seller, the buyer must inform the debtors of the assigned claims. The seller has the right. to notify the debtors of the assignment and to collect the purchase price claims arising from the resale.
The seller will inform the buyer of the disclosure of the assignment. From this point on, the purchaser's right to collect the receivables from the resale ceases to apply.
If the buyer makes no payment at the due date, the seller can withdraw from the contract under the conditions of § 323 BGB and demand the surrender of the reserved goods. The seller's right to claim damages remains unaffected. Insofar as the seller demands compensation, the seller is entitled to a lump sum amounting to the buyer, subject to proof of higher damage for the work involved in taking back the goods and the impairment that has occurred in the meantime. Invoice 70% of the original purchase price. The buyer reserves the right to provide evidence that the seller did not incur damage or an impairment of the goods, or that the invoice is invoiced to a much lesser extent than at a flat rate.
After all claims arising from the business relationship with the buyer have been fulfilled, ownership of the reserved goods is transferred to the buyer without further notice. If the value of the collateral existing for the seller exceeds his claims in total by more than 20%, the seller will release collateral immediately upon his choice at the request of the buyer.
§ 16 return of the goods
The seller takes back goods from the buyer. without being obliged to do so. especially if the buyer becomes insolvent. the seller's invoiced claim against the buyer remains unaffected. The seller is obliged to try the best possible other sale of the returned goods. This attempt is successful. the buyer is only entitled to credit in the amount of the sales proceeds actually achieved by the seller.
In this respect, there is a setoff against the seller's invoiced claim. The seller's remaining invoice claim against the buyer remains in full. The buyer waives any objections to the amount of the sales proceeds obtained by the seller in other sales.
§ 17 final provisions
The contracts concluded with the seller are subject to the law of the Federal Republic of Germany.
In the event that some of the above provisions should be ineffective, this does not affect the validity of the terms and conditions as a whole or of its remaining parts. The possibly ineffective provisions are then to be replaced by such effective provisions which correspond to the possibly ineffective provisions in their economic sense.
These terms preclude the application of conflicting terms imposed by buyers on contract forms or in any other way.
These terms of delivery and payment apply only to legal transactions with buyers who are entrepreneurs I.S.d. §14 BGB.
As of July 13, 2010
1. Data protection at a glance
The following information provides a simple overview of what happens to your personal data when youvisit our website. Personal data are all data with which you can be personally identified. You can find detailed information on the subject of data protection in our data protection declaration below this text.
Data collection on our website
Who is responsible for data collection on this website?
The data processing on this website is carried out by the website operator. You can find their contact details in the imprint of this website.
How do we collect your data?
On the one hand, your data is collected by you communicating it to us. This can e.g. are data that you enter in a contact form.
Our IT systems automatically collect other data when you visit the website. This is primarily technical data (e.g. internet browser, operating system or time of page visit). This data is recorded automatically as soon as you enter our website.
What do we use your data for?
Part of the data is collected to ensure that the website is provided correctly. Other data can be used to analyze your user behavior.
What rights do you have regarding your data?
You have the right to receive information about the origin, recipient and purpose of your stored personal data at any time free of charge. You also have the right to request that this data be corrected, blocked or deleted. You can contact us at any time at the address given in the imprint if you have any further questions about data protection. You also have the right to lodge a complaint with the responsible supervisory authority.
2. General information and mandatory information
The operators of these pages take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations and this data protection declaration.
When you use this website, various personal data are collected. Personal data is data with which you can be personally identified. This data protection declaration explains what data we collect and what we use it for. It also explains how and for what purpose this is done.
We would like to point out that data transmission over the Internet (e.g. when communicating by email) can have security gaps. It is not possible to completely protect data from third-party access.
Information about the responsible body
The responsible body for data processing on this website is:
Cabano worldwide fashion GmbH
Telephone: +49 (0) 2568 93591-0
The responsible body is the natural or legal person who, alone or together with others, decides on the purposes and means of processing personal data (e.g. names, email addresses, etc.).
Revocation of your consent to data processing
Many data processing operations are only possible with your express consent. You can withdraw your consent at any time. An informal notification by email to us is sufficient. The legality of the data processing carried out before the revocation remains unaffected by the revocation.
Right to lodge a complaint with the competent supervisory authority
In the event of violations of data protection law, the person concerned has the right to lodge a complaint with the responsible supervisory authority. The responsible supervisory authority for data protection issues is the state data protection officer of the federal state in which our company is based. A list of data protection officers and their contact details can be found at the following link:
Right to data portability
You have the right to have data that we process automatically based on your consent or in fulfillment of a contract handed over to you or to a third party in a common, machine-readable format. If you request the direct transfer of the data to another person responsible, this will only take place if it is technically feasible.
SSL or TLS encryption
For security reasons and to protect the transmission of confidential content, such as orders or inquiries that you send to us as the site operator, this site uses an SSL or. TLS encryption. You can recognize an encrypted connection by the fact that the address line of the browser changes from “http: //” to “https: //” and by the lock symbol in your browser line.
If SSL or TLS encryption is activated, the data that you transmit to us cannot be read by third parties.
Information, blocking, deletion
Within the framework of the applicable legal provisions, you have the right to free information about your stored personal data, its origin and recipient and the purpose of data processing and, if necessary, the right to correct, block or delete this data. You can contact us at any time at the address given in the imprint if you have any further questions on the subject of personal data.
Objection to advertising emails
We hereby object to the use of contact data published within the framework of the imprint obligation for sending unsolicited advertising and information material. The operators of the pages expressly reserve the right to take legal action in the event of unsolicited sending of advertising information, such as spam e-mails.
3. Data protection officer
Data protection officer required by law
We have appointed a data protection officer for our company.
Cabano worldwide fashion GmbH
Telephone: +4902 568 93591-0
4. Data collection on our website
Some of the websites use so-called cookies. Cookies do no damage to your computer and contain no viruses. Cookies serve to make our offer more user-friendly, more effective and safer. Cookies are small text files that are stored on your computer and saved by your browser.
Most of the cookies we use are so-called “session cookies”. They are automatically deleted after your visit. Other cookies remain on your device until you delete them. These cookies enable us to recognize your browser the next time you visit.
You can set your browser so that you are informed about the setting of cookies and only allow cookies in individual cases, exclude the acceptance of cookies for certain cases or in general, and activate the automatic deletion of cookies when the browser is closed. If cookies are deactivated, the functionality of this website may be restricted.
Cookies that are required to carry out the electronic communication process or to provide certain functions you require (e.g. shopping cart function) are set on the basis of Art. 6 Para. 1 lit. f GDPR saved. The website operator has a legitimate interest in storing cookies for the technically error-free and optimized provision of its services. Insofar as other cookies (e.g. cookies for analyzing your surfing behavior) are stored, these are dealt with separately in this data protection declaration.
Server log files
The provider of the website automatically collects and stores information in so-called server log files, which your browser automatically transmits to us. These are:
- Browser type and version
- Operating system used
- Referrer URL
- Host name of the accessing computer
- Time of the server request
- IP address
This data is not merged with other data sources.
The basis for data processing is Art. 6 Para. 1 lit. f GDPR, which allows the processing of data to fulfill a contract or pre-contractual measures.
Registration on this website
You can register on our website to use additional functions on the site. We only use the data entered for the purpose of using the respective offer or service for which you have registered. The mandatory information requested during registration must be given in full. Otherwise we will reject the registration.
For important changes, such as the scope of the offer or for technically necessary changes, we use the email address provided during registration to inform you in this way.
The data entered during registration is processed on the basis of your consent (Art. 6 Para. 1 lit. a GDPR). You can withdraw your consent at any time. An informal notification by email to us is sufficient. The legality of the data processing that has already taken place remains unaffected by the revocation.
The data collected during registration will be stored by us as long as you are registered on our website and will then be deleted. Statutory retention periods remain unaffected.
This website uses Newsletter2Go to send newsletters. The provider is Newsletter2Go GmbH, Nürnberger Straße 8, 10787 Berlin, Germany.
Newsletter2Go is a service that, among other things, the dispatch of newsletters can be organized and analyzed. The data you enter for the purpose of subscribing to the newsletter will be saved on the servers of Newsletter2Go in Germany.
If you do not want to be analyzed by Newsletter2Go, you must unsubscribe from the newsletter. For this purpose, we provide a corresponding link in every newsletter message. You can also unsubscribe from the newsletter directly on the website.
Data analysis by Newsletter2Go
With the help of Newsletter2Go it is possible for us to analyze our newsletter campaigns. So we can e.g. see whether a newsletter message has been opened and which links may have been clicked. In this way we can determine which links have been clicked particularly often.
We can also see whether certain previously defined actions have been carried out after opening / clicking (conversion rate). We can e.g. recognize whether you have made a purchase after clicking on the newsletter.
Newsletter2Go also enables us to divide the newsletter recipients into different categories (“cluster”). The newsletter recipients can e.g. subdivide by age, gender or place of residence. In this way, the newsletters can be better adapted to the respective target groups.
You can find detailed information on the functions of Newsletter2Go via the following link: https://www.newsletter2go.de/features/newsletter-software/
Data processing is based on your consent (Art. 6 Para. 1 lit. a GDPR). You can withdraw this consent at any time. The legality of the data processing that has already taken place remains unaffected by the revocation.
The data you have stored with us for the purpose of subscribing to the newsletter will be stored by us until you unsubscribe from the newsletter and deleted after you unsubscribe from the newsletter both from our servers and from the servers of Newsletter2Go. Data that we have stored for other purposes (e.g. e-mail addresses for the member area) remain unaffected.
Conclusion of a contract for order data processing
We have concluded a contract with Newsletter2Go in which we oblige Newsletter2Go to protect our customers' data and not to pass them on to third parties. This contract can be viewed at the following link:
6. Plugins and tools
Google Web Fonts
This page uses so-called web fonts provided by Google for the uniform display of fonts. When you call up a page, your browser loads the required web fonts into your browser cache in order to display texts and fonts correctly.
For this purpose, the browser you are using must connect to the Google servers. This gives Google knowledge that our website has been accessed via your IP address. Google Web Fonts are used in the interest of a uniform and appealing presentation of our online offers. This represents a legitimate interest within the meaning of Art. 6 para. 1 lit. f GDPR.
If your browser does not support web fonts, a standard font will be used by your computer.
You can find more information about Google Web Fonts at
This site uses the Google Maps map service via an API. The provider is Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA.
To use the functions of Google Maps, it is necessary to save your IP address. This information is usually transferred to a Google server in the USA and stored there. The provider of this page has no influence on this data transmission.
The use of Google Maps is in the interest of an attractive presentation of our online offers and to make it easier to find the places we have indicated on the website. This represents a legitimate interest within the meaning of Art. 6 para. 1 lit. f GDPR.
You can find more information on the handling of user data in Google's data protection declaration: