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General Terms and Conditions of Business

1. Scope

The following T&Cs apply to all orders placed via our online shop.

These T&Cs also apply to businesses for future commercial relations without the need for any formal expression thereof. Unless expressly approved by us to the contrary, we cannot accept the contractual validity of any conflicting or complementary general terms and conditions used by any business.

 

2. Contractual Partner, Formation of Contract

The purchase contract is concluded with Carbonman Kunz UG (limited liability).

The display of products within the online shop constitutes a binding offer on our part to enter into a contract vis-à-vis the items. You may place our products in your basket without obligation and amend your entries at anytime prior to submitting a binding order by using the correction facilities that are provided for this purpose and explained during the ordering process. The contract is formed by clicking on the order button which indicates your acceptance of our offer concerning the goods contained in your basket. Once you have sent your order you will immediately receive a confirmation via e-mail.

The languages available for concluding the contract are German and English.

We save the text of the contract and forward the order data and our T&Cs to you by e-mail. You may also view and download the T&Cs from this page at any time. Your previous orders cannot be accessed via the internet for security reasons.

 

3. Delivery conditions

Delivery costs are added to the product prices as displayed. Delivery charges are explained within individual product offers. 

We only dispatch goods en route; pick up by the customer is not possible. We do not deliver to post boxes.

 

4. Payment

The following payment methods are basically available in our online shop.

Advance payment

If you select advance payment we provide you with our bank details in a

separate e-mail and deliver the goods on receipt of funds.

PayPal Plus

Within the context of the PayPal Plus payment service, we offer you various payment methods as PayPal services. You will be forwarded to PayPal's online website. You may enter your payment details there and confirm the use of your data by PayPal and the payment instructions to PayPal. You will receive additional information during the ordering process.

If you have selected the PayPal payment type, in order to pay the invoice amount, you must be registered there or register first and identify yourself with your access data. The payment transaction will be carried out automatically by PayPal directly after confirmation of the payment instructions.

If you have selected the credit card payment type, in order to pay the invoice amount, you do not need to be registered with PayPal. The payment transaction will be carried out by your credit card company upon request by PayPal and debited to your card, directly after confirmation of the payment instructions and after your identification as the legal cardholder.

If you have selected the direct debit payment type, in order to pay the invoice amount, you do not need to be registered with PayPal. With the confirmation of the payment instructions, you are granting PayPal a direct debit mandate. PayPal will inform you separately about the date of the account debit in an advance notification (pre-notification). With the submission of the direct debit directly after confirmation of the payment instructions, PayPal will request its bank to initiate the payment transaction. The payment transaction is automatically carried out and your account is debited.

If you have selected the invoice payment type, in order to pay the invoice amount, you do not need to be registered with PayPal. After a successful address and creditworthiness check and placement of your order, we will assign our claim to PayPal. In this case, you may only pay to PayPal with a debt-discharging effect. For payment processing via PayPal – in addition to our GTC – the GTC and data protection policy of PayPal shall apply. Additional information and the complete GTC of PayPal for invoice purchase can be found at www.paypal.com.

 

5. Retention of title

The goods shall remain our property until full payment is made.

For businesses, the following additionally applies: We reserve ownership of the goods until complete settlement of all claims from our ongoing business relationship. You are permitted to sell on reserved goods in the ordinary business operation; you shall assign all claims arising from this onward sale - regardless of connecting or mixing of the reserved goods with a new item - in the amount of the invoice amount to us in advance, and we accept this assignment. You remain authorised to collect the claims; however, we are also permitted to collect ourselves, should you fail to fulfil your payment obligations.

 

6. Damages during delivery

For consumer the following applies: If the goods are delivered with obvious damage caused during delivery, please report the defect to the carrier and notify us without delay. Failure to make a complaint or to make contact does not in any way affect your legal rights or the enforcement of such rights, notably your warranty rights. However, in doing so you help us to press our own claims against the carrier or transport insurer.

Applicable to businesses: The risks of accidental loss or deterioration of the goods will transfer to you once we have submitted the item to the haulier, carrier or other contractor for forwarding to the defined person or establishment. "Kaufleute" as defined by the German Commercial Code (HGB) are subject to the inspection and notification requirements set out in § 377 HGB: The purchaser must examine the goods immediately after their delivery by the vendor, as far as this is practicable in the ordinary course of business, and upon the discovery of any defect must immediately give notice thereof to the vendor. Should you fail to comply with the instructions set out therein; the goods will be deemed to have been approved unless the defect was not detectable on inspection. This shall not apply if a given defect has been concealed by us deceitfully.

 

7. Warranty and guarantees

We are under a legal duty to supply products that are in conformity with this contract.
For consumers, statutory warranty rights governed by the law of the country where the consumer has his habitual residence apply.

For businesses, the limitation period for claims for defects is one year from transfer of risk; the statutory limitation periods for the recourse claim under Section 478 BGB [German Civil Code] remain unaffected. With respect to businesses, only our own information and the manufacturer’s product descriptions, which have been included in the contract, are regarded as the agreement regarding the quality of the goods; we assume no liability for public statements of the manufacturer or other advertising statements. If the delivered item is defective, we may initially choose, with respect to entrepreneurs, whether we will provide supplementary performance by rectifying the defect (repair) or by delivering a nondefective item (replacement delivery), at our discretion.

The aforementioned restrictions and shortened time limit do not apply to claims for damages, which have been caused by us, our legal representatives or legal agents

• for injury to life, limb or health

• for deliberate or grossly negligent breach of duty, as well as fraud

• for breach of material contractual obligations, the fulfilment of which make the proper execution of the contract possible at all and which the contracting parties may generally rely on and trust in being complied with

• within the context of a guarantee commitment, where agreed.

 

Information on any additional guarantees and their precise conditions that may apply can be found next to the product and on specific information

pages in the shop, if applicable.

 Complaints can be submitted by consumers and businesses:

- in writing to: Carbonman Kunz UG (limited liability), Birkenstr. 1a, 56355 Oberbachheim, Germany

 - by e-mail to the following address: info@carbonman.de

 

When you exercise your warranty rights and we deem it necessary to receive the goods back in order to examine your complaint, you must send back the goods at our cost to the address given above. We are committed to respond to any complaint immediately, but no later than within 14 days of its submission. 

Customer service: Our customer service is available on weekdays from 8 a.m. to 6 p.m. at +49 (0) 6776 958593 or info@carbonman.de

 

8. Liability

We shall in any case be liable without limitation for claims due to damages that have been caused by us, our legal representatives or legal agents

• for injury to life, limb or health

• for deliberate or grossly negligent breach of duty

• for guarantee commitments, where agreed

• towards consumer.

Except these cases, our civil law liability is limited to the foreseeable and direct damages at the time of contract conclusion.

 

9. Code of conduct

We have submitted to the following codes of conduct:

Trusted Shops quality criteria

http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_en.pdf

 

10. Dispute resolution

Online dispute resolution according to Art. 14 (1) Regulation on consumer ODR: The European Commission provides a platform for online dispute resolutions (ODR) which can be accessed at http://ec.europa.eu/consumers/odr/. We are ready to participate in extra-judicial dispute settlement proceedings before a consumer dispute resolution body.

 

11. Final provisions

If you are a business, German law applies, to the exclusion of the UN Sales Convention.

If you are a "Kaufmann" within the meaning of the German Commercial Code (HGB), public-law legal entity or special public-law fund, the exclusive legal jurisdiction for all disputes from contractual relationships between us and you is our registered office.

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