General Terms and Conditions for Commercial Customers

Last modified: 31.03.2025

Scope and Shop Provider
1. These General Terms and Conditions (hereinafter „T&C“) regulate all orders for the purchase and delivery of goods within Caseking GmbH’s online shop (hereinafter „Caseking“) as well as all orders for the purchase and delivery of goods that are placed via phone, e-mail or other communication channels. The T&C regulate the conclusion of the contract between Caseking and the buyer (hereinafter referred to as „Customer“), the processing of concluded contracts and the mutual rights and obligations of the contracting parties.
2. Customers within the meaning of these T&C are exclusively commercial Customers (hereinafter „Customers“). A commercial Customer in the above sense is any legal entity, legal body, company, society or incorporation or any natural person who concludes a legal agreement for commercial purposes or for purposes that are predominantly attributed to a commercial or (independent) professional activity (including self-employment or freelance activities).
3. These T&C apply to the contractual relationship between the parties in the version valid at the time the contract was concluded. By placing the order, the Customer agrees to the application of these T&C to the contractual relationship. Conditions or additional individual agreements differing from these T&C only apply to the contractual relationship, if Caseking explicitly agrees to them. This requirement of consent shall apply in all events, even if Caseking unconditionally makes delivery to the Customer knowing of the Customer's General Terms and Conditions of Business.
4. If orders are placed outside the online shop, these T&C apply in the version valid at the time when the Customer ordered. The T&C will then also apply for all future orders regarding the sales and delivery of goods without having to refer to them again in each individual order or agreement. Caseking's right to change these terms and conditions remains unaffected. The changed T&C only apply after Caseking has notified the Customer of the changed T&C and only for orders placed after the receipt of such change notification.
5. All consents to agreements outside of these T&C as well as legally relevant declarations and notifications that are given to Caseking by the Customer after the conclusion of the agreement (e.g. deadlines, notifications of defects, declarations of withdrawal) must be made in writing in order to be effective.
6. References to statutory provisions within these T&C are only for clarification purposes. Even without such a clarification, the statutory provisions apply unless they are directly changed or expressly excluded in these T&C.
7. The provider of the online shop is and the Customer's contractual partner is:
  
  Caseking GmbH
  Gaußstr. 1
  10589 Berlin
  
  phone: +49 (0) 30 837995-00
  email: [email protected]
  
  CEO: Philipp Rossner
  Registered at: district court Charlottenburg Berlin
  Commercial register number: HRB 157289 B
  VAT ID: DE295295432
  WEEE-number: DE61918240
Contract Conclusion
1. Unless otherwise indicated, all of Caseking's offers and their presentation of goods in the online shop are subject to change and non-binding. This also applies if Caseking has provided the Customer with catalogues, product descriptions or other documents - also in electronic form.
2. By clicking the button "Order now" or by placing an order via telephone or via other tools of communication (e.g. written letter, email, Skype, fax etc.) the Customer is making a binding offer to conclude a purchase contract for the goods and services contained in the order at the conditions communicated within the order process. Unless otherwise stated in the order, Caseking is entitled to accept contract offer within 14 days upon the receipt of the Customer’s order.
3. After receipt of the Customer’s order, Caseking will send the Customer an email confirming receipt of the order and listing its details. The receipt of this email confirmation does neither constitute an acceptance of the offer nor a contract conclusion.
4. The offer is accepted and the contract is concluded, either when Caseking dispatches the goods or by means of Caseking’s separate declaration of acceptance via email or in another text form.
Assignability
1. Caseking is entitled to assign its contractual rights and obligations to third parties at its sole discretion.
2. The assignment of claims for damages, defects or warranty claims by the customer against Caseking is excluded.
Contract Language and Storing of the Contracts
1. The contract can be concluded either in German or in English.
2. The contract’s text (Customer’s order) is saved by us. However, this text is not accessible to the Customer. Therefore, the Customer has the option to archive the contract in accordance with the following provisions. Additionally, the Customer’s order history is saved and accessible for the Customer via his Customer account.
3. The Customer can view the current version of these T&C on Caseking’s website at any time. The Customer can also print or save the T&C, e.g. by using the usual functions within the browser: usually via the path „File“ - > „Print“ or „Save as“).
4. The Customer can also print or save the summarized data of his order on the last page of the order process within the online shop, or the Customer waits for the order and contract confirmation, which Caseking will send to the Customer via e-mail after the completion of the order process. This e-mail contains the data of the Customer's order and these T&C. It can be printed or saved by the Customer.
Registration; Customer Account
1. The Customer can create a Customer account. The Customer account is company related. Only the Customer account holder is authorized to make purchases, change data or inquire about the account. Only one Customer account may be opened per Customer.
2. The Customer is only permitted to change the name in the Customer account in the event of an official name or address change of the respective business and after providing Caseking sufficient evidence for it.
3. Caseking is not obliged to accept registrations or to accept orders from registered Customers.
4. After the completion of the registration process, Caseking immediately sends the Customer an e-mail with the specified Customer information to the e-mail address provided by the Customer.
5. The Customer must ensure that the e-mail account specified by him can receive e-mail messages from Caseking. Customer must ensure that the e-mail account is not subject to automatic forwarding, shutdown, spam filters or overfilling which prevent the receipt of e-mails from Caseking. The Customer has to secure his Customer password against misuse by third parties and is not allowed to pass on the Customer account login details to third parties.
6. Customers can find information regarding the handling of Customer data in context with Data Privacy on the website www.caseking.de.

Prices and Payments

Unless otherwise agreed, our current prices at the time of the order apply, ex warehouse, plus any applicable statutory sales tax. Under no circumstances will Caseking assume the costs of a money transaction. Under no circumstances will Caseking pay the costs of a money transaction.
The due date for the payment of the purchase price is determined by the payment term of the respective order.
Caseking reserves the right to request an appropriate price adjustment by means of a declaration in text form if, after the conclusion of the contract, Caseking’s purchase costs increase as a result of a price increase by our suppliers or due to exchange rate fluctuations. Such a price increase will only take effect if Customer has agreed to the increase request. If the Customer does not give his consent within 7 business days upon receipt of the increase request, also in text form, Caseking is entitled to withdraw from the contract within 7 business days.

The Customer bears the transportation costs for shipping and delivery from the warehouse. If the transportation company is commissioned via Caseking, the maximum insured value of the goods is based on the information provided by the respective transportation company, whereby the damage must be reported regularly within 7 days of occurrence:

Transportation Company	Max. Insured Value of Goods
UPS	510€ per shipment
DHL	500€ per package
GLS national	750€ per package
GLS international	8,33 SDR per kg of the gross weight
Dachser	8,33 SDR per kg of the gross weight

For any values of goods above the above-mentioned maximum insured values, the Customer bears the risk, costs and responsibility for a sufficient additional insurance protection.

Any customs duties, fees, taxes and other public charges are borne by the Customer.
Any interest rate occurring during a period of default shall be calculated at the applicable statutory default interest rate. Caseking reserves the right to claim further damage caused by default. § 353 of the German Commercial Code remains unaffected.
The Customer is only entitled to set-off rights or retention rights insofar as his claim has been legally decided or is undisputed. In the event of defects in the delivery, the provisions of section 11 of these T&C remain unaffected.
If, after the conclusion of the contract, it becomes apparent that our claim to the purchase price is endangered by the Customer's inability to pay (e.g. by filing for insolvency), Caseking is entitled to refuse the delivery and - if necessary after setting a deadline - withdraw from the contract in accordance with the statutory provisions regarding the refusal to perform (§ 321 German Civil Code).
If necessary, invoices, credit notes and other documents relevant for the processing and payment of the order will be sent exclusively in digital form to the email address provided by the customer.

Delivery, Place of Performance, Transfer of Risk, Notification of Damage and Default in Acceptance
1. The goods offered on www.caseking.de are mostly kept in stock, whereby the respective stock amount is limited to certain quantities. For larger orders availability should be clarified with the Customer service.
2. Goods with an availability specified in the online shop as „in stock“ will be dispatched within the next three business days following the order (Casekings business days are from Monday to Friday). If the availability is specified as „available from“ or „incoming“, the goods will be shipped as soon as the goods are available. If one and the same order contains goods with different availabilities, shipping will generally only take place when all goods contained in the order are available together, unless something else is expressly agreed with the Customer.
3. The place of performance is Caseking’s warehouse in Berlin. At request and expense of Customer, the goods will be sent to a different destination. Unless otherwise agreed, Caseking is entitled to determine the type of shipment (i.e. transportation company, shipping route, packaging).
4. The risk of accidental loss and accidental deterioration of the goods is transferred to the Customer when the goods are handed over. In the case of shipping, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay are transferred to the Customer when the goods are handed over to the transportation company, the carrier or the person or institution otherwise assigned to carry out the shipment. The Customer's default in acceptance is equivalent to the handover.
5. If the delivered goods show recognizable damage or shortages, the Customer must note this in writing on the delivery receipt of the transport company upon delivery. Customer must clearly describe the damage or the shortfall (notification of damage in accordance with § 438 of the German Commercial Code). Under no circumstances is the Customer entitled to refuse to accept the goods.
6. If the Customer is in default of acceptance, if he fails to cooperate or if Caseking delays the delivery for other reasons for which the Customer is responsible, Caseking is entitled to demand compensation for any resulting damage, including additional expenses (e.g. storage costs). Customer's goods which remain in Caseking’s warehouse due to a refusal to accept the delivery, a performance claim or unauthorized delivery to Caseking will be charged with a storage fee of 1.50 EUR per day from the 15th day of storage. As soon as the value of the goods or the 180th day of storage is reached, the goods become the property of Caseking without replacement for the Customer.
Default in Delivery
1. Default in delivery is determined by the applicable statutory provisions. A reminder from the Customer is required for the occurrence of default in delivery.
2. Delivery for prepayment orders will only take place after Caseking has received the full prepayment. Caseking will not reserve the ordered goods for the Customer as long as the prepayment has not been received in full. If the ordered goods are sold out and have to be reordered before the Customer made the prepayment, Caseking will inform the Customer immediately about any possible delay in delivery due to the belated prepayment.
3. The delivery time can be extended due to adverse circumstances of force majeure. Circumstances of this kind can be: strikes, lockouts, official interventions, energy and raw material shortages, transport bottlenecks, operational hindrances, for example due to fire, water and machine damage and all other hindrances that, from an objective point of view, were not caused by Caseking. The Customer will be informed immediately of the beginning and end of such circumstances.
4. If Caseking is unable to deliver the ordered goods through no fault of its own because one of Caseking's suppliers does not fulfil its contractual obligations, Caseking is entitled to withdraw from the contract with the Customer including the right to withdraw only partially. However, this right to withdraw from the contract only exists if Caseking has concluded a congruent covering transaction (binding, timely and sufficient order of the goods) with the supplier in question and if Caseking is not responsible for the non-delivery of the goods in any other way. In the event of such a withdrawal, the Customer will be informed immediately that the ordered product is not available. Payments already made by the Customer will be refunded immediately.
Reservation of Ownership
1. The delivered goods remain the property of Caseking until they have been paid for in full.
2. As long as ownership has not yet passed to Customer, Customer is obliged to treat the goods with care. If maintenance and inspection work have to be carried out, Customer must carry out such work in good time at his own expense. As long as ownership has not yet passed, the Customer must immediately notify Caseking in writing if the delivered item is seized or exposed to other interventions by third parties. If the third party is not able to reimburse Caseking for the judicial and extrajudicial costs of a lawsuit in accordance with § 771 of the German Code of Trial Procedure, the Customer is liable for any loss incurred by Caseking, unless Customer has done everything reasonable to prevent the seizure of the goods and informed Caseking immediately or – if Caseking was not informed immediately – was not responsible for the lack of promptness of Caseking’s information.
3. The Customer is entitled to resell the reserved goods within the normal course of business. The Customer hereby assigns to Caseking all of Customer’s rights and claims resulting from the resale of the goods in the amount of the final invoice amount agreed with Caseking for the respective goods (including VAT). This assignment applies regardless of whether the purchased goods have been resold before or after they have been altered or processed in any way. The Customer remains authorized to collect his claims even after the assignment. Caseking's authority to collect any claims itself remains unaffected. However, Caseking will not collect any claims as long as Customer meets its payment obligations from the proceeds received, is not in default of payment and, in particular, if Customer has not filed for insolvency proceedings or ceased payments towards its business partners.
4. The handling and processing or transformation of the purchased goods is always carried out in the name of and on behalf of Caseking. In this case, Customer's entitlement to the purchased goods continues with the remodelled goods. If a purchased good is processed together with other items that do not belong to Caseking, Caseking acquires joint ownership of the new item in the ratio of the objective value of the purchased good to the other processed items at the time of processing or transformation. The same applies in the event of commingling. If the commingling takes place in such a way that the Customer's added item is to be regarded as the main item, it is agreed that the Customer shall transfer proportional joint ownership to Caseking and that Customer shall hold the resulting sole ownership or joint ownership for Caseking.
5. Caseking undertakes to release the securities to which Caseking is entitled at Customer's request, insofar as their value exceeds the claims to be secured by more than 20%.
Terms of Use for Third Party Software Products
1. If third-party software products (from software manufacturers) are obtained via Caseking to which Caseking does not hold any copyrights or rights of use, the license conditions of these manufacturers apply to the respective software products. The license agreement is concluded directly between the manufacturer and the Customer. The valid terms of use will be made available to the Customer upon request before the contract is concluded.
Statutory Warranty for Defects (Warranty)
1. The statutory provisions apply to the Customer's rights in the event of material defects and defects of title (including incorrect and short deliveries as well as improper assembly or inadequate assembly instructions), unless otherwise specified below. In all cases, the special statutory provisions the final delivery of the goods to a consumer remain unaffected (§§ 478, 479 of the German Civil Code).
2. The basis for Caseking’s liability for defects shall in particular be the agreement made on the quality of the goods. All product descriptions become an integral part of the agreement and define the quality of the goods. Insofar as the quality has not been agreed or described, the applicable statutory provisions assess whether or not there is a defect (§ 434 of the German Civil Code). Caseking is not liable for public statements made by the manufacturer or other third parties (e.g. advertising statements).
3. All images used for the presentation of goods in Caseking's online shop are only sample photos. They do not represent the respective article in every case true to life, but serve only illustration purposes. Especially in the case of colours, there may be deviations due to the different representation on different screens. Decisive is the technical description of the item.
4. Blemishes such as pixel defects, backlight bleeding, coil whine, colour deviations, etc. are not a material defect as long as they range within the tolerances of the corresponding manufacturer standards or production standards.
5. The Customer is obliged to back up any data on the goods before they are returned. Caseking is not responsible for any loss of data on returned devices.
6. The Customer's claims for defects require that Customer has complied with his statutory inspection and notification obligations (§§ 377, 381 of the German Commercial Code). If a defect becomes apparent during the inspection or later, Caseking must be notified immediately in writing. The notification is deemed to be immediate if it is received within two weeks. A timely sending of the notification shall be deemed sufficient to meet the deadline.
7. Irrespective of Customer’s obligation to inspect and notify, Customer must notify obvious defects (including incorrect and short deliveries) in writing within seven days of delivery, whereby the timely sending of the notification shall be deemed sufficient to meet the deadline. If the Customer fails to properly inspect and / or report defects, our liability for those obvious defects which have not been reported is excluded, unless Caseking acted with intent or with gross negligence.
8. If the delivered item is defective, Caseking can first choose whether Caseking provides warranty services by eliminating the defect (subsequent improvement) or by delivering a defect-free item (replacement delivery). Caseking's right to refuse the selected type of warranty service under the legal requirements remains unaffected.
9. Caseking is entitled to make the warranty service owed dependent on the Customer paying the full due purchase price. However, the Customer is entitled to withhold part of the purchase price that is reasonable in relation to the defect.
10. Customer must give Caseking the necessary time and opportunity required for the warranty service owed and hand over the defective goods for inspection purposes. In the case of a necessary replacement of the goods, Customer must return the defective item to Caseking in accordance with the statutory provisions.
11. Customer (Reseller) bears the expenses occurring in context with the provision of its warranty services, in particular the costs of transportation, travel, labour and material. If the Customer's complaint proves to be unreasonable or unfounded due to the lack of a warranty-triggering material defect of the goods, Caseking may subsequently request the Customer to reimburse all costs incurred.
12. If the warranty services have failed or if a reasonable deadline set by Customer for the provision of warranty services has expired without success regarding the provision of warranty services or if it is dispensable according to the applicable statutory provisions, Customer can withdraw from the Agreement or reduce the purchase price. There shall be no right of withdrawal for minor defects though.
13. For damages or defects caused by improper or unsuitable use contrary to the intended use, or by incorrect commissioning or assembly, natural wear and tear, negligent or wilful damage, negligent or incorrect use, non-observance of the maintenance or operating instructions as well as improper repair work or changes by the Customer or a third party, no warranty is given by Caseking.
Liability
1. Caseking is liable in accordance with the statutory provisions for damage caused by Caseking’s or its agents’ intentional or grossly negligent behaviour. The same applies to personal injury and damage under the Product Liability Act.
2. Caseking's liability for claims for damages - regardless of the legal reason - is limited in accordance with the following provisions, unless otherwise stated in a written guarantee made by Caseking:
  1. Caseking's liability for breaches of essential contractual obligations caused by slight negligence is limited to the typically foreseeable damage.
  2. Caseking's liability for the loss of data and / or programs caused by Caseking’s slight negligence is limited to the typical restoration effort that would have been incurred if the contractual partner had backed up data regularly and, in the circumstances, appropriately
  3. For damage caused by delay through Caseking’s slight negligence, Caseking's liability is limited to the typically foreseeable damage, but it shall not exceed more than 5% of the total contract value.
3. The provisions of the preceding paragraph also apply to a limitation of Caseking’s obligation to pay compensation for wasted expenses (§ 284 of the German Civil Code).
4. Caseking is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
5. Caseking is only liable for consequential damage resulting from material defects in purchased products that Caseking has imported itself and for which there is no national representation of the manufacturer. Furthermore, Caseking is not liable for damage resulting from errors in advice and product descriptions or for damage caused by incorrect or improper handling.
6. All the above limitations of liability also apply in favour of Caseking's employees, representatives and vicarious agents.
7. Casekings' liability is excluded in all other cases.
Statute of Limitations
1. In deviation from § 438 I no. 3 of the German Civil Code, the general limitation period for claims arising from material and legal defects is one year from the transfer of risk. The above limitation period also applies to contractual and non-contractual claims for damages by the Customer that are based on a defect in the goods, unless the application of the regular statutory limitation period (§§ 195, 199 of the German Civil Code) would result in a shorter limitation period in individual cases.
2. The limitation of the product liability law remains unaffected. The statutory limitation periods apply to any other claims for damages by the Customer.
Exclusion of Liability for Hyperlinks
1. On www.caseking.de hyperlinks may refer to other websites. Caseking has no influence whatsoever on the content of these websites, Caseking does not adopt them as its own and accepts no liability for their content. As soon as Caseking becomes aware of illegal content, Caseking will delete the corresponding hyperlinks on www.caseking.de.
Data Security
1. In the course of Customer’s registration on www.caseking.de, the Customer will be asked to submit personal data. This is data is needed for the processing and execution of the order.
  
  Caseking engages other companies and individuals with the fulfilment of tasks, such as parcel delivery, customer support and correspondence, maintaining customer lists, analyzing databases, marketing services, payment processing, credit management and others. These third-party service providers have access to personal data that is necessary for the execution of their services. However, these service providers may not use data for any other purpose. In addition, they are obliged to treat the information in accordance with the relevant data protection laws.
  
  Caseking treats all personal data confidentially and in accordance with the relevant legal regulations, in particular those of the Federal Data Protection Act. In order to secure the data in online payment transactions, Caseking protects them with the most modern encryption techniques such as the Secure Socket Layer (SSL). SSL is a recognized standard protocol that guarantees secure data exchange. All data is transmitted to Caseking in encrypted form. Caseking's data protection declaration is available at www.caseking.de/en/privacy
Applicable Law and Place of Jurisdiction
1. German law applies to all agreements with Caseking. The application of the UN Sales Convention (CISG) is expressly excluded as well as all international and supranational (contractual) legal systems. The prerequisites and effects of the reservation of ownership in accordance with no 9 of these T&C are subject to the law at the respective location of the goods for cases in which the choice of law made in favour of German law is inadmissible or ineffective
2. The exclusive place of jurisdiction is the registered office of Caseking for all current and future claims from contractual relationships with any legal entity, legal body, company, society or incorporation or any natural person who concludes a legal agreement for commercial purposes.