Terms and Conditions
General terms and conditions with customer information
1. Scope
2. Conclusion of contract
3. Right of withdrawal
4. Prices and payment terms
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects
8. Indemnity in case of infringement of third-party rights
9. Applicable law
10. Place of jurisdiction
11. Information on online dispute resolution
1. Scope
1.1. These General Terms and Conditions (hereinafter "GTC") of "CR Onlinehandelsvertretung GmbH" (hereinafter "Seller") apply to all contracts concluded between a consumer or entrepreneur (hereinafter "Customer") and the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby excluded, unless otherwise agreed.
1.2. A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity.
1.3. Entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or independent professional activity.
2. Conclusion of contract
2.1. The product presentations contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve to submit a binding offer by the Customer.
2.2. The customer can submit an offer via the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contractual offer for the goods contained in the shopping cart by clicking the button that completes the ordering process. Furthermore, the customer can also submit the offer to the seller by telephone, fax, email, or mail.
2.3. The seller may accept the customer’s offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
- by requesting payment from the customer after placing his order.
If several of the aforementioned alternatives exist, the contract is concluded at the time one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends on the expiry of the fifth day following the dispatch of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the customer is no longer bound by their declaration of intent.
2.4. If the payment method "Amazon Payments" is selected, payment processing will be carried out via the payment service provider Amazon Payments Europe sca, 5 Rue Plaetis, L-2338 Luxembourg (hereinafter: "Amazon"), subject to the Amazon Payments Europe User Agreement, available at https://payments.amazon.de/help/201751590. If the customer selects "Amazon Payments" as the payment method during the online ordering process, they simultaneously issue a payment order to Amazon by clicking the button that completes the ordering process. In this case, the seller hereby declares acceptance of the customer's offer at the time the customer initiates the payment process by clicking the button that completes the ordering process.
2.5. When submitting an offer via the Seller's online order form, the contract text will be saved by the Seller after the contract has been concluded and sent to the Customer in text form (e.g., email, fax, or letter) after the order has been sent. The Seller will not make the contract text available beyond this time. If the Customer has set up a user account in the Seller's online shop before submitting their order, the order data will be archived on the Seller's website and can be accessed free of charge by the Customer via their password-protected user account by entering the corresponding login data.
2.6. Before submitting a binding order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detecting input errors can be the browser's zoom function, which enlarges the display on the screen. Before submitting a binding order, the Customer can continuously correct their entries during the electronic ordering process using the usual keyboard and mouse functions. Furthermore, all entries will be displayed again in a confirmation window before the order is submitted, and can also be corrected there using the usual keyboard and mouse functions.
2.7. Only the German language is available for the conclusion of the contract.
2.8. Order processing and contact are generally conducted via email and automated order processing. The customer must ensure that the email address provided for order processing is correct, so that emails sent by the seller can be received at this address. In particular, when using spam filters, the customer must ensure that all emails sent by the seller or third parties commissioned by the seller to process the order can be delivered.
3. Right of withdrawal
3.1. Consumers generally have a right of withdrawal.
3.2. Further information on the right of withdrawal can be found in the seller's cancellation policy.
4. Prices and payment terms
4.1. Unless otherwise stated in the seller's product description, the prices quoted are total prices. VAT is shown unless the goods are subject to differential taxation according to Section 25a of the German Value Added Tax Act (UStG). Any additional delivery and shipping costs will be stated separately in the respective product description.
4.2. For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for money transfers through credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also arise in relation to money transfers if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3. Various payment options are available to the Customer, which are specified in the Seller’s online shop.
5. Delivery and shipping conditions
5.1. Goods are generally delivered by post to the delivery address provided by the customer. When processing the transaction, the delivery address provided by the seller during the purchase process is decisive.
5.2. If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful shipment. This shall not apply if the customer is not responsible for the circumstances leading to the impossibility of delivery or if the customer was temporarily prevented from accepting the offered service, unless the seller had given them reasonable advance notice of the service. Furthermore, this shall not apply to the costs of delivery if the customer effectively exercises their right of withdrawal. If the customer effectively exercises their right of withdrawal, the provisions in the seller's cancellation policy shall apply to the return shipping costs.
5.3. In the case of self-collection, the Seller will first notify the Customer by email that the ordered goods are ready for collection. After receiving this email, the Customer can collect the goods from the Seller's premises after consultation with the Seller. In this case, no shipping costs will be charged.
6. Retention of title
If the seller makes advance payments, he retains ownership of the delivered goods until the purchase price owed has been paid in full.
7. Liability for defects
7.1 If the purchased item is defective, the statutory liability for defects shall apply.
7.2. The customer is requested to report any goods delivered with obvious transport damage to the delivery agent and to notify the seller of this. Failure by the customer to do so will have no effect on their statutory or contractual claims for defects.
8. Indemnity in case of infringement of third-party rights
If, according to the content of the contract, the seller is obliged not only to deliver the goods but also to process the goods according to specific specifications of the customer, the customer must ensure that the content provided to the seller for processing does not infringe the rights of third parties (e.g. copyrights or trademark rights). The customer indemnifies the seller against claims made by third parties in connection with an infringement of their rights through the contractual use of the customer's content by the seller. The customer also assumes the reasonable costs of the necessary legal defense, including all court and attorney fees at the statutory rate. This does not apply if the customer is not responsible for the infringement. In the event of a claim by third parties, the customer is obliged to provide the seller promptly, truthfully and completely with all information necessary for the examination of the claims and for a defense.
9. Applicable law
All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.
10. Place of jurisdiction
If the customer acts as a merchant, a legal entity under public law, or a special fund under public law with its registered office in the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller's registered office. If the customer is based outside the Federal Republic of Germany, the seller's registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is entitled in any case to bring proceedings before the court at the customer's registered office.
11. Information on online dispute resolution
The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online sales or service contracts involving a consumer.
We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
