Terms of Service

Scope, Applicable Law

Within the business contact between Captain Attitude and the customer, the following general terms and conditions apply exclusively.

time of the conclusion of the contract

The mere presentation of the Captain Attitude products in the online shop does not constitute a binding offer.
You only place a binding order for the goods in the shopping cart by clicking the "Order with obligation to pay" button. By submitting the offer, you are bound to it for two weeks.
The order confirmation is sent by an automated email from Captain Attitude. Acceptance is not yet declared with this confirmation, unless acceptance is also expressly included in the order confirmation. A contract is only concluded when we expressly accept your offer or send you the ordered goods.

Right of Withdrawal / Return

You can return any item purchased on CaptainAttitude.com within 30 days of the delivery date.
To exercise the right of withdrawal, email us at info@captainattitude.com and tell us why you want to return the item. Include a photo if it helps identify the error.
Make sure that the returned goods are in their original condition, including the tags and packaging, otherwise we will not be able to accept the return or issue a refund.
Pack the items for return in the order box (or other rigid box). Please note that due to our fair pricing and sustainability model, we do not offer free returns.
Once your package arrives at the warehouse, please allow 3 to 7 business days for your return to be processed. If your return does not meet the conditions listed, the package will be returned to you. If your return is accepted, the refund will be processed and you will receive a confirmation email.

Prices, payment, due date

All prices in our online shop within the EU are gross prices including statutory sales tax. Net prices are given for orders outside the EU. Deliveries to an address outside the EU may be subject to import duties and taxes, which are due upon arrival at the delivery address.
Shipping costs are calculated at checkout.

delivery

Captain Attitude generally delivers worldwide and ships the goods from the warehouse to the delivery address you specified when ordering.
When you choose Captain Attitude, you order clothes that are made just for you. This means less fabric waste than traditional clothing brands, but can result in a delivery time of between 2 - 15 working days.
If we at Captain Attitude are not able to deliver your ordered goods through no fault of our own because our supplier does not fulfill his contractual obligations, we are entitled to withdraw from the contract. In this case you will be informed immediately; Any payments already made or other considerations will be refunded immediately.

retention of title

The delivered goods remain the property of Captain Attitude until full payment has been made.

liability for defects

Unless otherwise regulated below, our liability for damages is limited to grossly negligent and intentional behavior, regardless of the type of breach of duty and including tortious acts.
Captain Attitude excludes liability for slightly negligent breaches of duty, unless damage to life, limb or health or guarantees or claims under the Product Liability Act are affected. Furthermore, liability for the breach of obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer can regularly rely, remains unaffected. In the case of a purchase contract, this is in particular the seller's obligation to hand over the purchased item and to procure ownership of the purchased item. The above limitation of liability also applies to the persons employed by the seller to fulfill his contractual obligations.
All limitations and exclusions of liability do not apply to claims that have arisen due to fraudulent conduct. Furthermore, they do not apply to liability for quality features guaranteed by us and to claims under the Product Liability Act and also not to claims for damage resulting from injury to life, limb or health.
Insofar as our liability is excluded or limited, this also applies to our employees, workers, (legal or legal) representatives or vicarious agents.
If you assert a claim for supplementary performance, we will only fulfill this by way of a replacement delivery.

Other Provisions

As far as permissible, the exclusive, also international, place of jurisdiction for lawsuits against us is 5425 Schneisingen. We are at liberty to take legal action against the customer at another location.
An assignment of claims against us is only permitted with prior written consent.
Offsetting against our claims is only permissible if your counterclaims have been legally established, are undisputed or have been recognized by us. In addition, you are also entitled to offset against our claims if you assert complaints or counterclaims from the same purchase contract.
You are only entitled to a right of retention if your counterclaim originates from the same purchase contract.
Legally relevant declarations and notifications that you must submit to us after the conclusion of the contract (e.g. setting deadlines, notifications of defects, declaration of withdrawal or reduction) must be in writing to be effective.
Should individual provisions of the contract with the customer, including these General Terms and Conditions, be wholly or partially invalid or should a gap be identified, the validity of the remaining provisions shall not be affected. In place of the ineffective contractual provision or to fill in the gap, a legally effective replacement provision should be made that takes into account or comes as close as possible to the intention of the parties as can be seen from the contract and the General Terms and Conditions, the economic sense and the purpose of the omitted provision.
Written form is required for changes and additions to these terms and conditions and/or the rest of the contractual relationship. This also applies to the withdrawal of the written form.