General Terms and Conditions of Business

 

 

1. scope of application
For all orders via our online shop by consumers and entrepreneurs, the following terms and conditions apply.

A consumer is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity. Entrepreneur is a natural or legal person or a partnership with legal capacity which acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.

In relation to entrepreneurs, these GTC shall also apply to future business relations without our having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly agreed to them.

 

2. contractual partner, conclusion of contract
The purchase contract is concluded with Carbox GmbH & Co. KG.
By placing the products in the online shop, we make a binding offer to conclude a contract for these articles. You can initially place our products in the shopping basket without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the order process. The contract is concluded by clicking on the order button to accept the offer for the goods contained in the shopping basket. Immediately after sending the order, you will receive another confirmation by e-mail.

 

3. contract language, contract text storage
The languages available for the conclusion of the contract are German and English.
The contract text is not stored by us.

 

4. terms of delivery
We deliver within Germany free of shipping costs. The delivery to other EU countries or to NOT EU countries is associated with additional shipping costs.
We deliver only in the dispatch way. A self-collection of the product is unfortunately not possible.
We do not deliver to packing stations.

 

5. payment
The following payment methods are available to you in our shop:

Prepayment
If you choose the payment method prepayment, we will give you our bank details in the order confirmation and deliver the goods after receipt of payment.
 

PayPal Express
During the ordering process you will be redirected to the website of the online provider PayPal. To be able to pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment order to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction.

 

PayPal Plus
As part of the PayPal Plus payment service, we offer you various payment methods as PayPal services. You will be redirected to the website of the online provider PayPal. There you can enter your payment data, confirm the use of your data by PayPal and the payment order to PayPal.

 

If you have chosen the payment method PayPal, you have to be registered there in order to pay the invoice amount, or you have to register first and legitimize with your access data. The payment transaction is carried out automatically by PayPal immediately after confirmation of the payment order. You will receive further information during the ordering process.

 

If you have chosen the payment method credit card, you do not have to be registered with PayPal to be able to pay the invoice amount. The payment transaction will be executed by your credit card company upon PayPal's request immediately after confirmation of the payment order and after your legitimation as legitimate cardholder and your card will be debited. You will receive further information during the ordering process.

 

If you have chosen to pay by direct debit, you do not need to be registered with PayPal to pay the invoice amount. By confirming the payment order, you give PayPal a direct debit mandate. PayPal will inform you about the date of the account debit (so-called prenotification). By submitting the direct debit mandate immediately after confirming the payment order, PayPal asks its bank to initiate the payment transaction. The payment transaction will be executed and your account will be debited. You will receive further information during the ordering process.

 

If you have chosen the payment method invoice, you do not have to be registered with PayPal to pay the invoice amount. After a successful address and credit check and submission of the order, we assign our claim to PayPal. In this case you can only pay to PayPal with debt discharging effect. For payment processing via PayPal - in addition to our general terms and conditions - the general terms and conditions and PayPal's privacy policy apply. Further information and the complete terms and conditions of PayPal for invoice purchase can be found here: https://www.paypal.com/de/webapps/mpp/ua/pui-terms?locale.x=de_DE.
 
Amazon Pay
In the ordering process, you will be redirected to the website of the online provider Amazon before the completion of the ordering process in our online shop. In order to complete the order process via Amazon and pay the invoice amount, you must be registered there or first register and legitimise with your access data. There you can select the delivery address and payment method saved at Amazon, confirm the use of your data by Amazon and confirm the payment order to us. You will then be redirected to our online shop, where you can complete the order process.
Immediately after the order has been placed, we request Amazon to initiate the payment transaction. The payment transaction is carried out automatically by Amazon. You will receive further information during the ordering process.

 

6. retention of title
The goods remain our property until full payment has been made.
For entrepreneurs, the following also applies: We reserve title to the goods until full payment of all claims arising from an ongoing business relationship. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the reserved goods with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorised to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations.

 

7. transport damage
This applies to consumers:
If goods with obvious transport damage are delivered, please complain such errors as soon as possible to the deliverer and contact us immediately. The failure of a complaint or contact has no consequences for your legal claims and their enforcement, especially your warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurance.

 

This applies to entrepreneurs:
The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. Among merchants, the obligation to examine and give notice of defects regulated in § 377 HGB (German Commercial Code) shall apply. If you omit the notification regulated there, the goods shall be deemed to have been approved, unless the defect was not identifiable during the inspection. This shall not apply if we have fraudulently concealed a defect.

 

8 Warranty and Guarantees
Unless expressly agreed otherwise below, the statutory liability for defects shall apply.

 

If used goods are purchased by consumers, the following shall apply: if the defect occurs after one year from delivery of the goods, claims for defects shall be excluded. Defects that occur within one year of delivery of the goods can be claimed within the statutory limitation period of two years from delivery of the goods.

 

For entrepreneurs, the limitation period for warranty claims for newly manufactured goods is one year from the passing of risk. The sale of used goods takes place under exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.
With regard to entrepreneurs, only our own details and the manufacturer's product descriptions, which were included in the contract, shall apply as an agreement on the quality of the goods; we assume no liability for public statements made by the manufacturer or other advertising statements.
If the delivered item is defective, we shall initially provide warranty to entrepreneurs at our discretion by remedying the defect (subsequent improvement) or by supplying a defect-free item (replacement delivery).

The above restrictions and shortening of deadlines do not apply to claims based on damage caused by us, our legal representatives or vicarious agents

 

- in the event of injury to life, limb or health
- in case of intentional or grossly negligent breach of duty and fraudulent intent
- in the event of breach of material contractual obligations, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
- within the framework of a guarantee promise, if agreed
- to the extent that the scope of application of the Product Liability Act has been opened up.

 

Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.

 

Customer service: You can reach our customer service for questions, complaints and objections Monday to Thursday from 7:30 a.m. to 5:00 p.m. and Friday from 7:30 a.m. to 2:00 p.m. under the telephone number 0 42 02 / 96 97 0 as well as by e-mail at info@carbox.de.

 

9. liability
For claims due to damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation

 

- in the event of injury to life, limb or health,
- in case of intentional or grossly negligent breach of duty,
- in the case of guarantee promises, if agreed, or
- to the extent that the scope of application of the Product Liability Act has been opened up.

 

In the event of breach of material contractual obligations, the fulfilment of which is essential for the proper performance of the contract and the compliance with which the contractual partner may regularly rely, (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability shall be limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.

 

10. code of conduct
We have submitted to the following codes of conduct:
www.carbox.de is a certified online shop and has adhered to the
Trusted Shops Code of Conduct.
http://www.trustedshops.com/tsdocument/ TS_QUALITY_CRITERIA_en.pdf

 

11. dispute settlement
The European Commission provides a platform for online dispute resolution (OS), which can be found at https://ec.europa.eu/consumers/odr/ .
We are not obliged or prepared to participate in a dispute resolution procedure before a consumer arbitration body.

 

12. Carbox warranty conditions
With the Carbox warranty, you always stay on the safe side in addition to the statutory warranty. Carbox guarantees the impeccable quality of its products within 10 years of the date of purchase. Excluded from this are damages that can be proven to be caused by unusual use, non-compliance with the specified temperature range and external force.
In the event of a warranty claim, Carbox will replace the defective item, a refund of the purchase price is excluded.

 

13. final provisions
If you are an entrepreneur, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you shall be our place of business.