Terms of service
General Terms and Conditions (GTC)
§ 1 Scope & Provider Identification
These GTC apply to all orders placed through our online shop www.orbsmart.shop by consumers and entrepreneurs.
The contract is concluded with:
Capoyo GmbH
Rotwandweg 3
82024 Taufkirchen
Germany
Managing Directors: Oliver Bucher & Lars Geipel
Register Court: Local Court Munich, HRB 198586
VAT ID: DE815362129
WEEE Reg. No.: DE 98001182
Battery Reg. No.: DE 86755688
Packaging Register LUCID: DE2527973690518-V
§ 2 Conclusion of Contract
The presentation of the products in the online shop does not constitute a legally binding offer, but rather an invitation to place an order (invitatio ad offerendum).
By clicking the button "Order with obligation to pay" (or "Buy"), you place a binding offer to purchase the goods contained in the shopping cart. Confirmation of receipt of your order is sent by email immediately after submission. This confirmation of receipt does not yet constitute acceptance of your offer.
We may accept your offer within two days by sending a separate order confirmation by email or by dispatching the goods and confirming the dispatch by email (shipping confirmation). The contract is concluded with this acceptance.
§ 3 Prices & Shipping Costs
All prices stated on the product pages are final prices in EURO (€) and include the statutory German VAT and other price components. In addition to the stated prices, shipping costs may apply (especially for international deliveries).
Please refer to our detailed page "Shipping & Delivery" for the amount of shipping costs, exact delivery times, and information on free shipping.
If partial deliveries are initiated by us, subsequent deliveries are free of shipping costs. If partial deliveries are carried out at your request, we will charge shipping costs for each partial delivery.
For consumers, the risk of accidental loss and accidental deterioration of the sold goods passes to the consumer only upon handover of the goods. For entrepreneurs, the risk passes to the customer as soon as we have handed over the goods to the commissioned transport company (DHL).
§ 4 Payment Conditions
Payment for the goods can be made via:
- PayPal
- Amazon Pay
- Credit Card (VISA, Mastercard, American Express)
- Invoice (e.g., via Klarna or PayPal)
- Shop Pay, Apple Pay, Google Pay
- Prepayment via bank transfer
The available payment methods will be displayed in the final step of the ordering process. We reserve the right to exclude certain payment methods in individual cases. Payment by sending cash or cheques is not possible.
§ 5 Delivery Conditions
Delivery is made via DHL to the delivery address provided by you. Delivery to Packstations is possible.
Information on delivery times can be found on the respective product page and on our page "Shipping & Delivery".
If an ordered product is not available because we are not supplied by our supplier through no fault of our own despite a congruent hedging transaction, we will inform you immediately and are entitled to withdraw from the contract. Any payments already made will be refunded immediately.
§ 6 Right of Withdrawal
Statutory Right of Withdrawal
Consumers generally have a statutory right of withdrawal. A consumer is any natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to their commercial nor their independent professional activity.
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.
To exercise your right of withdrawal, you must inform us (Capoyo GmbH, Rotwandweg 3, 82024 Taufkirchen, Germany, Email: info@orbsmart.shop) by means of a clear statement (e.g., a letter sent by post or an email) of your decision to withdraw from this contract. You may use the model withdrawal form provided on our website, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of Withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us.
We bear the costs of returning the goods if the return is made from Germany.
You bear the direct costs of returning the goods if the return is made from a country other than Germany.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
§ 7 Retention of Title
The goods remain our property until full payment has been made.
§ 8 Liability for Defects (Warranty)
Statutory warranty rights apply. The statutory warranty period is two years and begins with the handover of the goods.
Unless otherwise specified below, further claims of the customer – regardless of the legal grounds – are excluded. We are therefore not liable for damages that did not occur to the delivery item itself; in particular, we are not liable for lost profits or for other financial losses of the customer.
The above limitation of liability does not apply if the cause of damage is based on intent or gross negligence or if there is personal injury (injury to life, body, health). It also does not apply if the customer asserts claims under §§ 1, 4 of the Product Liability Act. If we negligently breach a material contractual obligation, the obligation to compensate for property damage is limited to the typically occurring damage.
§ 9 Storage of Contract Text
We do not store the contract text. The order data and GTC will be sent to you by email as part of the order confirmation. You can print out the contract data immediately after sending the order using your browser's print function or save it electronically.
§ 10 Dispute Resolution & Final Provisions
We are not obliged and not willing to participate in a dispute settlement procedure before a consumer arbitration board.
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If you are a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is our place of business in Taufkirchen.