General Terms & Conditions – CAPITAL TECHNOLOGY EGYPT

general terms &conditions

Scope of Application
Conclusion of the Contract
Right to Cancel
Price and Delivery Costs
Shipment and Delivery Conditions
Liability for Defects
Law and Jurisdiction
Alternative dispute resolution

1- Scope of Application

1.1 The terms and conditions set forth by CTE Capital Technology Egypt S.E (referred to as “seller or company”) are applicable to all contracts between the seller and the consumer or customer (referred to as “client”) for the purchase of goods and/or services from the online shop. Any additional conditions put forth by the client are not accepted unless otherwise agreed upon.

1.2 A consumer, as defined by these terms and conditions, is someone who is making a purchase for personal use and not for business purposes. On the other hand, a trader is someone who is making a purchase for the purpose of their trade, business, craft, or profession. This could be someone acting on their own behalf or through another person representing them. These distinctions help to clarify the rights and responsibilities of each party when engaging in transactions. It’s important for both consumers and traders to understand these definitions to ensure that they are operating within the appropriate legal framework. By clearly defining these terms, it helps to protect the rights of consumers and ensure fair and ethical business practices

1.3The delivery of digital products is becoming increasingly essential, especially when they are required for the proper functioning of physical goods. These digital products are integrated or connected to the physical goods in such a way that the goods cannot perform their functions without them. This type of delivery is crucial for ensuring the full usability and functionality of the goods, ultimately enhancing the overall customer experience. Whether it is software for a new electronic device or digital content for a physical product, the seamless integration of digital products is vital for meeting consumer expectations and demands. As technology continues to advance, the delivery of digital products will undoubtedly play a significant role in the future of product development and consumer satisfaction.

2. Conclusion of the Contract

2.1 The product descriptions on the seller’s online shop are not considered as binding offers from the seller. Instead, they are intended for the client to submit a binding offer. This means that when a customer selects a product and proceeds to checkout, they are making a formal offer to purchase the item. The seller then has the option to accept or reject this offer. It’s important for customers to understand that the initial product description is not a guarantee of purchase, but rather the first step in the purchasing process. This system allows for negotiation and confirmation of details before a sale is finalized.

2.2 The client has the option to submit their offer through the online order form on the seller’s website. After selecting the desired goods or services and going through the ordering process, clicking the finalizing button constitutes a legally binding contract offer. The client also has the option to present the offer to the seller via telephone, fax, email, or postal service.

2.3 The Seller may accept the Client’s offer within five days

by transferring a written order confirmation or an order confirmation in written form (fax or e- mail); insofar receipt of order confirmation by the Client is decisive, or
by delivering ordered goods to the Client; insofar receipt of goods by the Client is decisive, or
by requesting the Client to pay after he/she placed his/her order.

The contract shall be concluded at the time when one of the aforementioned alternatives occurs. Should the seller not accept the Client’s offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that the Client is no longer bound by his statement of intent.

2.4 The period for acceptance of the offer shall start on the day after the Client has sent the offer and ends on the expiry of the fifth day following the sending of the offer.

2.5 The contract’s content will be stored by the Seller and will be sent to the Client in writing including these Terms and Conditions and Client Information (for example via e-mail, fax or letter) after the Client has submitted his order. In addition, the contract’s content will be stored on the Seller’s website and can be found by the Client in the customer login via the password-protected customer account, provided the Client has created a customer account in the online shop prior to submitting his order.

2.6 The Client can correct all the data entered via the usual keyboard and mouse function prior to submitting his binding order. In addition, prior to submitting the order, all data entered will be displayed in a confirmation window and can be corrected here as well, via the usual keyboard and mouse function.

2.7 The contractual language is English.

2.8 Order processing and contacting usually takes place via e-mail and automated order processing. It is the Client`s responsibility to ensure that the e-mail address he/she provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. Particularly, it is the Client`s responsibility, if SPAM filters are used, to ensure that all e- mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.

3. Right to Cancel

Consumers are entitled to the right of cancellation. Detailed information about the right of cancellation is provided in the Seller’s instructions on cancellation.

4. Price and Delivery Costs

4.1 Unless otherwise stated in the product descriptions, prices indicated are end prices and include the statutory value-added tax. Any possible additional delivery and dispatch costs are specified separately in the respective product description.

4.2 Payment can be made using one of the methods mentioned in the Seller’s online shop .

4.3 If payment in advance has been agreed upon, payment shall be due immediately upon conclusion of the contract.

5. Shipment and Delivery Conditions

5.1 Goods are generally delivered on dispatch route to the delivery address indicated by the Client, unless otherwise agreed. For the transaction procedure the delivery address specified by the Client in the ordering process shall be applicable. By way of derogation, when choosing the payment method PayPal, the delivery address provided by the Client to PayPal at the time of payment shall be applicable.

5.2 Should delivery to the Client not be possible, the assigned transport company returns the goods to the Seller and the Client bears the cost for the unsuccessful dispatch. This shall not apply if the Client is not responsible for the event that entails the impossibility of delivery, or if he/she has been temporarily impeded to receive the ordered goods, unless the Seller has given notice to the Client in an adequate period of time prior to the delivery.

5.3 The Seller reserves the right of partial delivery. In this case the Seller informs the Client at which point of time all installments will be delivered. Delivery should be completed within a reasonable period of time. Additional costs will not be claimed for such partial delivery. However, if the Client has asked for partial delivery, the Seller reserves the right to charge the Client the additional delivery costs. .

5.4 The risk of accidental destruction and accidental deterioration of the sold goods shall in principle be transferred to the Client when they come into the physical possession of the Client or a person identified by the Client to take possession of the goods. . Should the Client act as a trader, the risk of accidental destruction and accidental deterioration in the event of a sale by dispatch shall be transferred upon delivery of the goods to a qualified transport person at the Seller’s place of business.

5.5 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the Seller is not responsible for the non-supply and if he has concluded a concrete hedging transaction with the supplier. The Seller shall make all reasonable efforts to obtain the goods. In case of non-availability or partial availability of the goods he shall inform the Client without delay and payments made by the Client will be immediately refunded.

5.6 Collection by the Client is not possible for logistical reasons.

6. Liability for Defects

6.1 The statutory consumer rights will apply.

6.2 If the Client is a consumer and he uses his short-term right to reject the product, he has to return the product at his cost.

7. Law and Jurisdiction

7.1 If a Client acts as a consumer pursuant to Section 1.2, any contractual relationships between the parties are governed by the law of the country where the Client has his habitual residence. The UN-Convention on Contract for the International Sale of Goods is excluded. Moreover, the courts of the State where the Client is domiciled will have exclusive jurisdiction over any dispute relating to these relationships.

7.2 If a Client acts as a trader pursuant to Section 1.2, any contractual relationships between the parties is governed by the law of the country where the Seller has his place of business. The UN-Convention on Contract for the International Sale of Goods is excluded. Moreover, the courts of the State where the Seller has his place of business will have exclusive jurisdiction over any dispute relating to these relationships.

8. Alternative dispute resolution

The Seller is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.

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