General Terms and Conditions of Business
§ 1 Scope
- The following General Terms and Conditions of Business shall apply to all contracts, deliveries and other performances between Carbox GmbH & Co. KG and the customer. They are an integral component of the business relationship. Any terms and conditions presented by the customer which contradict or deviate from our Terms and Conditions of Sale and Delivery shall not be accepted unless we would have expressly agreed to their validity in writing.
- These Terms and Conditions of Sale and Delivery of Carbox shall also apply to all future transactions with a customer who is an entrepreneur, a corporate body under public law or a special fund under public law, even if no separate further explicit reference is made to their applicability elsewhere.
- www.carbox.de is a certified online shop and has signed up to the Trusted Shops code of conduct (available at www.trustedshops.de).
§ 2 Conclusion of the Contract
- The presentation of our products in the online shop does not represent a legally binding offer, but a non-binding online catalogue. When you click on the “Submit order” button you are submitting a binding order for the goods contained in your shopping cart. You will receive an email to confirm receipt of your order immediately after you have submitted it, but this does not yet constitute acceptance of the order. We can accept your order either by sending you an order confirmation by email or by dispatching the goods within five days.
- Any information provided either orally or in written form regarding suitability and potential uses of products supplied by Carbox and any advice and recommendations provided by Carbox staff is provided in good faith. It is non-binding and shall not establish either a legally valid contractual relationship or any accessory obligations under the contract of sale. In particular the customer shall not be exempted from his obligation to conduct a check in order to convince himself that the goods are suitable for his intended purpose.
§ 3 Prices
All prices are in Euro (€), gross, including applicable statutory value added tax, ex works. The prices in special price lists, offers or other documents or materials for entrepreneurs, corporate bodies under public law or special funds under public law are net prices plus statutory value added tax at the valid rate. The prices do not include costs for packaging and shipping. These costs are itemised separately.
§ 4 Shipping Costs
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.
For payment by cash on delivery we add an additional charge of EUR 12.00. No other taxes or costs are due.
§ 5 Terms and Conditions of Delivery, Default in Delivery by Suppliers to Carbox
The choice of packaging, the transport route and the mode of transport shall be made at the discretion of Carbox.
Compliance with deadlines and times for delivery shall be subject to the timely receipt of all documents, permissions and approvals to be provided by the customer and compliance with the agreed terms of payment and any other advance performance obligations of the customer. Where these preconditions are not fulfilled in a timely manner, a reasonable extension of time to the deadlines shall be granted accordingly; this shall not apply if Carbox is responsible for the delay.
Where not all of the ordered products are available from stock, we shall be entitled to send partial deliveries at our expense if this can be reasonably expected of you. If delivery of the goods fails even after three attempts at dispatch, we shall be entitled to withdraw from the contract. Any payments you may have made shall be refunded without delay.
If it should not be possible to deliver a product for reasons of force majeure or discontinuation of production and Carbox is unable to procure the ordered goods subject to conditions which can reasonably be expected, Carbox shall be released from its obligation to deliver if the circumstances arise only after the conclusion of the contract and are not the responsibility of Carbox. In this case the customer shall be advised without delay and any payments already made by the customer refunded. If a product is only temporarily unavailable for delivery for the aforementioned reasons, the times for delivery shall be extended for the period of the duration of the obstruction. If the obstruction lasts longer than two weeks, the goods shall be deemed to be not available.
The risk of accidental loss and of accidental deterioration of the ordered goods shall pass to the customer only when the goods are handed over to the customer; this extends to sales involving the carriage of goods. The hand-over shall be deemed to have taken place even if the customer delays in accepting the goods.
Where Carbox is unable, at the fault of Carbox, to meet an expressly agreed deadline or should be in delay for any other reason, the customer shall grant Carbox a reasonable extension of time – beginning on the date of receipt of written notice of delay at Carbox or on a set calendar date if applicable. If this extension of time passes fruitlessly, the customer shall be entitled to withdraw from the contract.
Carbox shall accept liability in accordance with statutory regulations if the contract on which the transaction is based has a fixed date of performance; if the customer, as a consequence of a delay in delivery for which Carbox is responsible, is entitled to assert that his interest in the further performance of the contract has discontinued; if the delay in delivery is the result of a wilful or grossly negligent infringement of the contract for which Carbox is responsible; if culpability of our representatives or persons employed in performing an obligation for Carbox should be attributed to Carbox. If the delay is not the result of a wilful or grossly negligent infringement of the contract for which Carbox is responsible, our liability for compensation for damages shall be for typically foreseeable damages.
Carbox shall also accept liability for damages in accordance with statutory regulations as soon as the delay in delivery for which Carbox is responsible is the result of the culpable infringement of a fundamental contractual duty or cardinal duty; in this case, however, the liability for compensation for damages shall be restricted to typically foreseeable damages.
§ 6 Terms of Payment
Payment shall be made either by prepayment, cash on delivery, credit card, direct debit, PayPal, Sofortüberweisung instant bank transfer or Giropay.
If you select prepayment, we shall advise you of our bank details in the order confirmation. The invoice sum must be transferred to our account within 10 days. If you pay by credit card, the sum will be deducted from your account on dispatch of the goods.
If you are in delay of payment, interest shall be charged on the purchase price for the duration of the delay at an interest rate of 5% above the base rate. We reserve the right to furnish evidence of higher damages owing to delay and to demand compensation accordingly.
If you pay by direct debit you shall be liable for covering any costs which may arise as a consequence of the re-transfer of a payment transaction resulting from insufficient funds in your account or a failure on your part to provide the correct bank details. The direct debit shall be effected when the goods leave our warehouse.
You shall only be entitled to a right of set-off if your counterclaims have been declared final and absolute in a court of law or are undisputed or have been accepted by us in writing.
You shall only be entitled to a right of retention if the claims arise out of the same contractual relationship.
In the event of a deterioration in the customer’s financial situation, Carbox shall be entitled to make the fulfilment of performances not yet rendered dependent on prepayment or the provision of security. If the customer fails to make prepayment as a result of a deterioration in his financial situation, Carbox shall be entitled, after granting a reasonable extension of time, to withdraw from the contract or demand compensation for damages for non-fulfilment.
§ 7 Retention of Ownership
The goods remain our property until payment has been made in full. Before transfer of ownership the customer shall not be entitled to pledge the goods, transfer them by way of security, transform them or work them into a new form without our agreement.
§ 8 Instructions on Legal Right to Cancellation
Legal consequences of cancellation
You are entitled to revoke your declaration of intent to enter the contract within a period of 14 days, without indicating any reason, in written form (e.g. letter, fax, email) or – if you have received the goods before the time limit has expired – by returning the goods. The time limit begins upon receipt in writing of these instructions on the legal right to cancellation, but not before receipt of the goods by the recipient (in the case of the recurring delivery of similar goods not before receipt of the first partial delivery), nor before we have fulfilled our obligations to provide information in accordance with Article 246 § 2 in conjunction with § 1 (1) and 2 of the Introductory Act to the German Civil Code (EGBGB) and our duties under § 312g (1) 1 of the German Civil Code (BGB) in conjunction with Article 246 § 3 EGBGB. To comply with the time limit for cancellation it is sufficient if notice of cancellation or the goods themselves are sent in due time. Notice of cancellation is to be addressed to:
Carbox GmbH & Co. KG
Fax: +49 4202-9697-40
Legal consequences of cancellation
In the event of a valid cancellation, the performances received by both parties shall be returned and any derived benefits (e.g. interest) surrendered. If you are unable to return or surrender the received performance and benefits (e.g. benefits of use) or can only do so in part or in diminished condition, you shall be required to pay compensation for the value accordingly. You only have to pay compensation for the value in the event of deterioration in the condition of the goods and for derived benefits if the benefits or deterioration were the result of handling the goods in a manner over and above that for which the properties and functions of the goods are normally tested. “Testing the properties and functions” of the goods is deemed to mean testing and trying out the respective goods in the way normally possible and conventional in a shop, for example. Goods which are suitable for returning by parcel shall be returned to us at our risk and expense. Goods which are not suitable for returning by parcel will be picked up from your premises. All obligations to reimburse payments shall be fulfilled within 30 days. For you this time limit begins when you send your notification of cancellation or the goods; for us when we receive them.
End of the instructions on legal right to cancellation
The right does not apply to distance contracts for the delivery of goods that are produced according to customer specifications.
§ 9 Damage in Transit
- If you receive goods with obvious damage from transportation, please submit a complaint to the carrier immediately and contact us as soon as possible.
- The failure to submit a complaint or to make contact does not affect your statutory warranty rights in any way. However, you will help us to pursue our own claims against the carrier and/or the transport insurers.
§ 10 Retention of Ownership
The supplied goods remain the property of Carbox until all payment obligations have been paid in full.
§ 11 Guarantees
- The provision of a guarantee by Carbox must be expressly made in writing.
- Where a manufacturer provides a guarantee regarding a quality of goods which are supplied, or a guarantee that the goods shall retain a certain quality for a certain duration, the customer shall, without prejudice to his statutory rights, be entitled to the rights under the guarantee, subject to the conditions in the guarantee and the applicable advertising, solely in respect of the manufacturer.
§ 12 Warranty
- If the customer is a merchant within the meaning of the German Commercial Code, a corporate body under public law or a special fund under public law, he shall be required to examine the supplied goods immediately they are handed over, insofar as this is feasible within the regular course of business. Obvious defects, discrepancies in quantities or incorrect deliveries must be reported to Carbox in writing immediately. The time limit for reporting a complaint is a maximum of 8 days; the time of receipt of the written complaint (including by fax) by Carbox shall be decisive. Any hidden defects which only become apparent at a later point in time must be reported immediately after their discovery. A merchant shall forfeit all warranty rights if he fails to comply with the aforementioned obligations.
- Where the customer is an entrepreneur, a corporate body under public law or a special fund under public law, the following shall apply:
- In the event of defects to the goods, Carbox shall be entitled to provide remedial performance in the form of remedying the defects (repair) or to supply new goods free of defects (replacement), the choice being at the discretion of Carbox. Where remedial performance fails, the customer shall be entitled to withdraw from the contract or to a reduction in the price, the choice being at the customer’s discretion. Remedial performance shall be deemed to have failed if it is unsuccessful after the second attempt. The customer shall only be entitled to assert his rights to compensation for damages due to defects on the basis of the following conditions if remedial performance has failed. This shall not affect the right of the customer to assert any further rights to compensation for damages on the basis of the following conditions.
- The warranty rights shall be subject to a limitation period of one year commencing with the date of delivery of the goods. This shall not apply if longer limitation periods are stipulated by § 438 (1) 1 and 2 of the German Civil Code, § 479 (1) of the German Civil Code or § 634a (1) 2 of the German Civil Code. If the customer is a consumer, the statutory warranty regulations shall apply.
- The liability of Carbox shall be limited to the invoice value of the goods which are the subject of the complaint. The aforementioned limitation shall not apply if Carbox can be legitimately accused of intent or gross negligence, including intent or gross negligence on the part of representatives of Carbox or persons employed in performing an obligation for Carbox, or in the event of injury to life, body or health.
- The aforementioned warranty limitations shall not apply if Carbox can be legitimately accused of fraudulent behaviour or if Carbox is provided with a guarantee for the quality of the goods.
- Where a customer for his part is obliged to provide a warranty for the goods purchased from Carbox, his rights under § 478 of the German Civil Code shall remain unaffected insofar as he is entitled to a warranty from Carbox in accordance with the German Civil Code..
§ 13 Liability
- Carbox shall accept unlimited liability in accordance with statutory regulations for injury to life, body and health based on the wilful or grossly negligent violation of an obligation on the part of Carbox, its statutory representatives or persons employed in performing an obligation for Carbox, and for damages covered by liability under the provisions of the Product Liability Law, and for all damages based on wilful or grossly negligent infringements of the contract and fraudulent behaviour on the part of Carbox, its statutory representatives or persons employed in performing an obligation for Carbox. Where Carbox has provided a guarantee regarding a quality and/or durability for the goods or parts thereof, Carbox shall accept liability within the scope of this guarantee. For damages based on the absence of a guaranteed quality or durability which do not directly affect the goods themselves, Carbox shall only accept liability if the risk of such damages is expressly covered under the guarantee regarding a quality or durability.
- Carbox shall also be liable for damages caused by ordinary negligence if such negligence concerns fundamental contractual duties or a cardinal duty. The same shall apply if the customer is entitled to claims for compensation for damages in lieu of performance. Carbox shall only accept liability, however, if the damages are typically associated with the contract and foreseeable for the contract.
- Carbox shall accept no further liability, regardless of the legal nature of the claim asserted; this shall apply in particular to claims in tort or claims for compensation for futile expenditure in lieu of performance. Where the liability of Carbox is excluded or limited, this shall also extend to the personal liability of its employees, staff, workers, representatives and persons employed in performing an obligation for Carbox.
- All customer claims for compensation for damages shall be subject to a limitation period of one year, unless Carbox is liable in accordance with § 13 (1).
§ 14 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.
§ 15 Concluding Provisions
- Where the customer is a merchant, a corporate body under public law or a special fund under public law, or has a general place of jurisdiction in Germany, the exclusive place of jurisdiction for any claims arising from or in connection with the business relationship between Carbox and the customer shall be Bremen.
- The laws of the Federal Republic of Germany shall apply, to the exclusion of the UN Sales Convention.
- The invalidity of any provision in these General Terms and Conditions of Business shall not affect the validity of the remaining contract. In this case the applicable statutory provisions shall apply instead of the invalid provision.