Terms and Conditions (GTC)

§ 1 Scope

(1) These General Terms and Conditions of Sale (hereinafter: T&Cs) apply to all contracts concluded via our online shop between us, Caroma [Ludwig-Erhard-Str. 18, 0157 82285791, info@caromashop.com] (hereinafter " Seller " or " we ") and you as our customer (hereinafter " Customer " or " you "). The T&Cs apply regardless of whether you are a consumer, entrepreneur or merchant. The version of the T&Cs valid at the time the contract is concluded is decisive.

(2) We do not accept any deviating terms and conditions of the customer. This also applies if we do not expressly object to their inclusion.

(3) The customer is a consumer if the purpose of the ordered deliveries and services cannot be attributed predominantly to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, is acting in the exercise of his commercial or independent professional activity.

§ 2 Conclusion of contract

(1) The presentation and promotion of articles in our online shop do not constitute a binding offer to conclude a purchase contract.

(2) You can select products from our range, in particular car perfume, and collect them in a so-called shopping cart by clicking on the "add to cart" button. By clicking on the "order with payment" button, you submit a binding request to purchase the goods in the shopping cart. You can change and view the data at any time before submitting the order. However, the request can only be submitted and transmitted if you have accepted these contractual conditions by clicking on the "accept terms and conditions" button and have thereby included them in your request.

(3) We will then send you an automatic confirmation of receipt by email, in which your order is listed again and which you can print out using the "Print" function. The automatic confirmation of receipt merely documents that we have received your order and does not constitute acceptance of the application. The contract is only concluded when we submit the declaration of acceptance, which is sent with a separate email (order confirmation). In this email or in a separate email, but no later than when the goods are delivered, we will send you the contract text (consisting of the order, general terms and conditions and order confirmation) on a permanent data medium (email or paper printout) (contract confirmation). The contract text is stored in compliance with data protection regulations.

(4) We can only accept orders for deliveries abroad if the order value is above a certain minimum. The minimum order value can be found in the price information provided in our online shop.

(5) The contract is concluded in German.

§ 3 Delivery conditions

(1) We are entitled to make partial deliveries as long as this is reasonable for you.

(2) Delivery times stated by us are calculated from the time of our order confirmation, provided the purchase price has been paid in advance (except in the case of purchase on account). If no or no different delivery time is stated for the respective goods in our online shop, it is 2-3 days.

(3) If no copies of the product you have selected are available at the time of your order, we will inform you of this immediately in the order confirmation. If the product is permanently unavailable, we will refrain from accepting the order. In this case, no contract will be concluded.

(4) If the product you specified in your order is only temporarily unavailable, we will also inform you of this immediately in the order confirmation.

(5) The following delivery restrictions apply: We only deliver to customers who have their habitual residence (billing address) in one of the following countries and can provide a delivery address in the same country: Germany.

§ 4 Prices and shipping costs

(1) All prices stated in our online shop are gross prices including statutory sales tax and are exclusive of any applicable shipping costs.

(2) The shipping costs are stated in our price information in our online shop. The price including sales tax and applicable shipping costs is also displayed in the order form before you submit the order.

(3) If we fulfill your order by making partial deliveries, you will only incur shipping costs for the first partial delivery. If partial deliveries are made at your request, we will charge shipping costs for each partial delivery.

(4) If you effectively revoke your contractual declaration, you can, under the statutory conditions, demand reimbursement of costs already paid for delivery to you (shipping costs).

(5) The goods will be dispatched by post. If you are a consumer, we bear the shipping risk.

(6) In case of cancellation of the purchase, you have to bear the direct costs of the return shipment.

§ 5 Terms of payment

(1) You can pay in our online shop by invoice, credit card, direct debit or PayPal. Payment by invoice is only possible for new customers on their first order up to an order value of 100 EUR.

(2) You can change the payment method stored in your user account at any time.

(3) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined according to the calendar, you will be in default simply by missing the deadline. In this case, you will have to pay us default interest for the year at a rate of 5 percentage points above the base interest rate.

(4) The obligation to pay default interest does not exclude us from claiming further damages caused by default.

§ 6 Retention of title

The delivered goods remain our property until the purchase price has been paid in full.

§ 7 Warranty

(1) We are liable for material or legal defects in delivered items in accordance with the applicable statutory provisions, in particular Sections 434 et seq. of the German Civil Code (BGB). The limitation period for statutory claims for defects is two years and begins with the delivery of the goods. If you are an entrepreneur, the warranty period for goods delivered by us is 12 months.

(2) Any seller guarantees given by us for specific items or manufacturer guarantees granted by the manufacturers of specific items shall be in addition to the claims for material or legal defects within the meaning of paragraph 1. Details of the scope of such guarantees can be found in the guarantee conditions that may accompany the items.

§ 8 Liability

(1) The customer's claims for damages are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, body or health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by the seller, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.

(2) In the event of a breach of essential contractual obligations, the Seller shall only be liable for the damage that is typical for the contract and foreseeable if this was caused by simple negligence, unless the Customer has claims for damages arising from injury to life, body or health.

(3) The restrictions in paragraphs 1 and 2 shall also apply to the benefit of the Seller’s legal representatives and vicarious agents if claims are asserted directly against them.

(4) The liability limitations arising from paragraphs 1 and 2 do not apply if the seller has fraudulently concealed the defect or has given a guarantee for the quality of the item. The same applies if the seller and the customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected.

§ 9 Data protection

Detailed information on data protection with us, in particular on the scope of the processing of your data and your legal rights, can be found in our privacy policy at: www.caromashop.com

§ 10 Legal right of withdrawal for consumers

Right of withdrawal

Right of withdrawal:

You have the right to withdraw from this contract within fourteen days without giving any reason.

The cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods.

To exercise your right of withdrawal, you must Caroma (Lukas Lente - Caroma, Ludwig-Erhard-Str.18, 20459 Hamburg, email address: info@caromashop.com) by means of a clear statement (e.g. a letter sent by post or email) of your decision to withdraw from this contract. You can use the attached sample withdrawal form for this purpose, but this is not mandatory.

You can also electronically fill out and submit the sample cancellation form or another clear statement on our website www.caromashop.com . If you make use of this option, we will immediately send you a confirmation of receipt of such a cancellation (e.g. by email).

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.

Consequences of revocation

If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choosing a different type of delivery than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period. You will bear the direct cost of returning the goods. You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.

The right of withdrawal does not apply to the following contracts:

• Contracts for the supply of goods which are not prefabricated and for whose production an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
• Contracts for the supply of goods that can spoil quickly or whose expiry date would quickly be exceeded.
• Contracts for the supply of sealed goods which, for reasons of health protection or hygiene, are not suitable for return if their seal has been removed after delivery.
• Contracts for the delivery of goods if, after delivery, they have been inseparably mixed with other goods due to their nature.
• Contracts for the supply of alcoholic beverages, the price of which was agreed upon conclusion of the contract, but which can only be delivered 30 days after conclusion of the contract at the earliest and whose current value depends on fluctuations in the market over which the entrepreneur has no influence.
• Contracts for the supply of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery.
• Contracts for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts.
• Contracts for the delivery of goods whose price depends on fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period.

Sample cancellation form:

(If you want to cancel the contract, please fill out this form and send it back.)

Caroma (Lukas Lente - Caroma, Ludwig-Erhard-Str.18, 20459 Hamburg, email address: info@caromashop.com)

– I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

– Ordered on (*)/received on (*)

– Name of the consumer(s)

– Address of the consumer(s)

– Signature of the consumer(s) (only if notification is on paper)

- Date

(*) Delete as appropriate.

 

§ 11 European dispute resolution for consumers

 

(1) We refer to the online dispute resolution for consumers in accordance with Art. 14 Para. 1 ODR-VO: The European Commission provides a platform for online dispute resolution (ODR), which you can find at http://ec.europa.eu/consumers/odr/ Here you can enter into the out-of-court settlement of consumer disputes arising from online contracts.

(2) We are not willing or obliged to participate in a dispute resolution procedure before a consumer arbitration board.

§ 12 Applicable law and place of jurisdiction

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of that country remains unaffected by the choice of law made in sentence 1.

(2) If you are a merchant and are domiciled in Germany at the time of ordering, the exclusive place of jurisdiction is the registered office of the seller. Otherwise, the applicable statutory provisions apply to local and international jurisdiction.

(3) Even if individual points are legally invalid, the contract remains binding in its remaining parts. The invalid points will be replaced by the statutory provisions, if any. However, if this would represent an unreasonable hardship for one of the contracting parties, the contract will be invalid in its entirety.