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General Terms and Conditions for Capalus
Last updated 25-9-2024

Preamble
Capalus is an online marketplace operated by Borderless Dynamics S.A.R.L, registered in Luxembourg with registration number B277455 and headquarters at 15 Rue Glesener L-1631 Luxembourg. Capalus facilitates private cross-border trade within the EU through this platform, allowing customers to purchase goods from various European countries and benefit from lower VAT and duty rates in the sellers' countries.
This concept is based on the EU principles of free movement of goods and fully complies with EU regulations for cross-border trade. It offers European customers the best prices across national borders without the need to travel themselves. Capalus acts as a third-party provider and is not responsible for the sale or delivery arrangements of the products. Our goal is to ensure a transparent and fair trading experience for buyers and sellers.

To clarify the terms, we define the following expressions:

• Customer: A natural person purchasing on Capalus, hereinafter referred to as "Customer".
• Seller: A company offering products through the Capalus marketplace, hereinafter referred to as "Seller".
• Platform: The digital marketplace accessible under the domain capalus.de and other associated domains.

Please read carefully
Please read these terms and conditions carefully before using Capalus. By accessing and using the platform, you agree to these terms. If you do not accept these terms, you should not use our platform.

 
A. General Terms and Conditions

A.1. Use of the Platform
Capalus acts as an intermediary for sales between independent sellers and private customers. By using the platform, you confirm that you are purchasing for personal use and complying with applicable laws, including regulations on private cross-border shopping within the EU.

A.2. Purchase Conditions for Goods
All goods purchased through Capalus are sold by independent sellers. When purchasing goods on the platform, you enter into a direct agreement with that seller. Capalus acts exclusively as an intermediary and expressly does not assume the role of the seller of the products, but guarantees that all products sold through the platform comply with applicable laws and quality and safety standards. Complaints can be directed to Capalus, which will resolve the matter with the responsible seller.

 
A.3. Responsibility for Collection and Delivery

A.3.1 Customer responsibility for collection
The customer is fully responsible for collecting the purchased goods in the seller's country. This means that the customer is responsible for organizing the collection or shipment of the goods as well as the associated costs and risks.

A.3.2 Voluntary Shipping Option
Capalus offers a third-party service to organize the shipping of your goods. The customer can voluntarily choose whether to commission Capalus with the shipping organization or organize the collection or shipping through a third party themselves. If Capalus is chosen as the shipping organizer, a separate invoice for shipping will be issued, which is separate from the product purchase.

A.3.3 Invoice and Seller Information
When you make a purchase on Capalus, you will receive separate invoices for the purchased products and any services, such as shipping. The invoices contain information about the companies selling the products. Invoices are available via your Capalus account, where you can download them by logging in and navigating to your order history. Should you need help downloading your invoices or have problems accessing your account, you can contact our customer service at hallo@capalus.com +49322 2185 6306.

 
A.4. Privacy Policy and Security
Capalus complies with the EU General Data Protection Regulation (GDPR). We only collect and process the personal data necessary to process your purchases and provide our services. This includes name, address, email, and payment information. Your data is stored securely and only shared with our partners (e.g., shipping companies and payment service providers) to the extent necessary to carry out the transaction.
You have the right at any time to request information about, correction, or deletion of your data, as well as to withdraw your consent, where applicable. For questions regarding your data or to exercise your rights, please contact hallo@capalus.com +49322 2185 6306.

 
B. Specific Conditions for VAT and Shipping

B.1. VAT and Duties
All prices on Capalus include the applicable VAT and any duties in the seller's country. Customers are not obliged to pay additional VAT or duties in their home country, as the products are considered purchased and collected in the seller's country. However, this only applies to goods for personal use and within the applicable limits for excise products.

B.2. Excise Duties on Tobacco and Alcohol
When purchasing excise goods such as tobacco and alcohol, customers should observe the following recommended maximum quantities for personal use:

Cigarettes: Up to 800 units.
Cigarillos: Up to 400 units.
Cigars: Up to 200 units.
Smoking tobacco: Up to 1 kg.
Spirits: Up to 10 liters.
Wine: Up to 90 liters (of which a maximum of 60 liters is sparkling wine).
Beer: Up to 110 liters.
By completing the purchase, the customer confirms that the goods are intended for personal use. Capalus assumes no responsibility if the customer exceeds these recommended maximum quantities. The customer is solely responsible for any customs issues, taxes, or additional costs arising from exceeding these maximum quantities.

 
B.3 Age Restriction
To purchase age-restricted products on Capalus, including tobacco, alcohol, or other products requiring an age limit, you must be at least 18 years old. By completing a purchase, you confirm that you meet this minimum age. We reserve the right to request proof of age and may cancel orders that do not meet this requirement.

 
D. Right of Withdrawal, Returns, and Defective Delivery

D.1 Right of Withdrawal
According to EU consumer law, you have the right to withdraw from the purchase within 14 days after the collection of the goods. To exercise this right, you can contact Capalus, which will forward your withdrawal to the seller. Please note that Capalus acts as an intermediary in this process and the seller is responsible for processing the withdrawal. Since the customer is responsible for the collection and shipping of the goods, the return must be organized by the customer.

D.2 Return of Goods
The return of goods can be organized via Capalus, which mediates the return process with the seller. Please note that the customer is responsible for the return costs unless the seller has stated otherwise. The return request must first be approved by the seller. The customer is responsible for organizing the return shipment unless otherwise agreed.

D.3 Refund
Once the seller has received the goods and confirmed that they are in unused condition, Capalus will assist with the refund on behalf of the seller. However, Capalus is not responsible for the actual refund but acts as an intermediary.

D.4 Defective Delivery
If you receive incorrect or damaged goods, you must report this to Capalus, which will forward the matter to the seller. The seller is responsible for correcting the error and offering a solution (e.g., exchange, repair, or refund). Compensation for damaged goods requires documentation in the form of photos, which must be sent to Capalus, after which the case will be processed by the seller.

E. Copyright and Trademarks

E.1. Copyright
All content on Capalus, including but not limited to text, images, graphics, logos, icons, audio files, digital content, software, and designs, is protected by copyright and belongs to Capalus or its licensors. You may only use the content of the platform for personal, non-commercial purposes unless otherwise agreed in writing.

E.2. Trademarks
All trademarks, service marks, logos, and other commercial designations displayed on Capalus are registered or unregistered trademarks belonging to Capalus or the companies selling on the platform. Any use of these trademarks without the prior written permission of the trademark owner is prohibited.

 
F. Your Account

F.1 Account Requirements
To access certain features and offers from Capalus, it may be necessary to create an account. This may include, but is not limited to, special features such as subscribing to products, activating and using reward points as a means of payment, or participating in our affiliate program.

F.2 Responsibility for the Account
When you create an account with Capalus, you are responsible for maintaining the confidentiality of your account information and password. You agree to notify us immediately if there is any unauthorized use of your account or if you suspect that your account has been compromised.

F.3 Use of Reward Points
If you participate in our reward points program, your points can be used as a means of payment for goods, depending on the applicable terms of the points program. Reward points cannot be transferred to other accounts and cannot be redeemed for cash.

F.4 Subscription Services
If you subscribe to products via Capalus, you will receive the selected products regularly. You can change or cancel your subscription at any time via your account.

F.5 Affiliate Program
If you participate in our affiliate program, you must comply with all applicable terms of the program available in our affiliate program section. You will receive a commission based on qualified purchases made through your affiliate links, in accordance with the rules set out in the program.

F.6 Account Termination
You can cancel your account at any time via the settings in your profile. We reserve the right to suspend or terminate your account if we deem it necessary in the event of suspected unauthorized use or a violation of the general terms and conditions.

 
G. Updates to the General Terms and Conditions
Capalus reserves the right to update the General Terms and Conditions without prior notice. Changes take effect as soon as they are published on the website.
If you have questions about your purchase or our General Terms and Conditions, you can contact us at hallo@capalus.com +49 322 2185 6306.