General Terms And Conditions

General Terms and Customer Information

I. General Terms and Conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to contracts you enter into with us as the provider (Carloxx GmbH) via the website www.carloxx.de. Unless otherwise agreed, any terms and conditions you may use are expressly rejected.

(2) Consumer, as defined by the following regulations, is any natural person who enters into a legal transaction for purposes that cannot be primarily attributed to their commercial or independent professional activity. An entrepreneur is any natural or legal person or a legal partnership that, when entering into a legal transaction, acts in the exercise of their independent professional or commercial activity.

§ 2 Formation of the Contract

(1) The subject of the contract is the sale of goods.

(2) We make a binding offer for the conclusion of a contract under the conditions specified in the product description when we post the respective product on our website.

(3) The contract is concluded through our online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart." You can access the "shopping cart" using the corresponding button in the navigation bar and make changes there at any time.
After accessing the "Checkout" page and entering your personal data and payment and shipping conditions, all order details are displayed again as an order overview.
If you choose to use an instant payment system (e.g., PayPal / PayPal Express, Amazon Payments, Sofort), you will either be redirected to the order overview page on our online store or to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, you can make the appropriate selection and enter your details there. You will then be redirected back to our online store on the order overview page.
Before submitting the order, you have the option to check all the details again, to change them (also via the "back" function of your internet browser), or to cancel the purchase.
By clicking the "order with an obligation to pay" button, you place a binding order that results in a contract.

(4) Your inquiries regarding the creation of an offer are non-binding. We will send you a binding offer in text form (e.g., via email) that you can accept within 5 days.

(5) The order processing and contact are usually carried out by email and automated. You must ensure that the email address you provide is accurate, that the reception of emails is technically ensured, and, in particular, not prevented by SPAM filters.

§ 3 Right of Retention, Reservation of Title

(1) You can only exercise a right of retention if it concerns claims arising from the same contractual relationship.

(2) The goods remain our property until full payment of the purchase price.

(3) If you are an entrepreneur, the following applies in addition:

a) We retain ownership of the goods until all claims from the ongoing business relationship have been settled. Pledging or transfer by way of security is not permitted before transfer of ownership of the reserved goods.

b) You may resell the goods in the ordinary course of business. For this case, you assign in advance all claims that accrue to you from the resale to us; we accept the assignment. Furthermore, you are authorized to collect the claim. However, we may revoke the authorization to collect, in the event of your failure to meet your payment obligations.

c) In the case of combining and mixing the reserved goods, we acquire co-ownership of the new item in the proportion of the invoice value of the reserved goods to the other processed items at the time of processing.

d) We agree to release the securities to which we are entitled upon your request if the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is our responsibility.

§ 4 Warranty

(1) The statutory warranty rights apply.

(2) As a consumer, please check the product promptly upon delivery for completeness, obvious defects, and transport damage. In case of non-compliance, please notify us and the carrier as soon as possible. Failure to make a complaint or notify us will not affect your statutory warranty claims.

(3) If you are a business, the following applies instead of the aforementioned warranty regulations:

a) Only our own information and the manufacturer's product description are binding as the quality of the goods, but not other advertisements, public promotions, and statements by the manufacturer.

b) In case of defects, we provide warranty through repair or replacement, at our discretion. If the defect correction fails, you can demand a reduction in the purchase price or withdraw from the contract. The remedy of defects occurs after an unsuccessful second attempt, unless something else is apparent, especially due to the nature of the item or defect, or other circumstances.

c) The warranty period is one year from the delivery of the goods. The shortened warranty period does not apply:

- to us attributable to damages from injury to life, body, or health, and for intentional or grossly negligent breaches of duty by us;
- if we have fraudulently concealed the defect or have given a warranty for the condition of the item;
- for items that have been used for a building according to their normal use and have caused its defect;
- to statutory recourse claims that you have against us in connection with warranty rights.

§ 5 Choice of Law, Place of Performance, and Jurisdiction

(1) German law applies. In the case of consumers, this choice of law applies only to the extent that it does not deprive the consumer of the protection granted by mandatory provisions of the law of the country of the consumer's habitual residence (favorability principle).

(2) The place of performance for all services from the business relationships existing with us, as well as the place of jurisdiction, is our registered office, provided you are not a consumer, but a merchant, a legal entity under public law, or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU, or if your domicile or habitual residence is not known at the time the action is filed. The right to also call the court at another legal place of jurisdiction remains unaffected by this.

(3) The provisions of the UN Sales Convention explicitly do not apply.


II . Customer Information

1. Identity of the Seller

Carloxx GmbH
Flottmannstrasse 53e
44807 Bochum
Germany
Phone: +49-234-95098677
Email: bestellung@carloxx.de

Alternative Dispute Resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr.

2. Information on Contract Formation

The technical steps for the conclusion of the contract, the conclusion of the contract itself, and the correction options are carried out in accordance with the provisions "Formation of the Contract" in our General Terms and Conditions (Part I).

3. Language of the Contract, Contract Text Storage

3.1. The language available for the conclusion of the contract is German.

3.2. We do not store the full contract text. You can print or electronically save the contract data using your browser's print function before sending the order using the online shopping cart system. After we receive your order, the order data, the legally required information for distance selling contracts, and the general terms and conditions will be sent to you again by email.

3.3. You will receive all contract data in connection with inquiries that you make as part of an offer outside the online shopping cart system in text form, e.g., by email, which you can print out or save electronically.

4. Codes of Conduct

4.1. We have subjected ourselves to the quality criteria of the Händlerbund Management AG buyer seal and, as a result, the Ecommerce Europe Trustmark Code of Conduct, which can be viewed at https://www.haendlerbund.de/images/content/kaeufersiegel/kaeufersiegel-qualitatskriterien.pdf and https://www.ecommercetrustmark.eu/the-code-of-conduct/.

5. Essential Characteristics of the Goods or Services

The essential characteristics of the goods and/or services can be found in the respective product description.

6. Prices and Payment Terms

6.1. The prices listed in the respective offers and the shipping costs are total prices. They include all price components, including all applicable taxes.

6.2. The shipping costs that may be incurred are not included in the purchase price. You can access them via a designated button on our website or in the respective offer, are shown separately during the order process, and are to be borne by you in addition, unless free delivery has been promised.

6.3. If the delivery is made to countries outside the European Union, further costs may be incurred, such as customs duties, taxes, or money transfer fees (bank transfer or exchange rate fees) that you are responsible for.

6.4. Costs of money transfer (bank transfer or exchange rate fees) may be incurred in cases in which the delivery is made to an EU member state but the payment is initiated outside of the European Union.

6.5. The available payment methods are indicated by a corresponding button on our website or in the respective offer.

6.6. Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.

7. Delivery Conditions

7.1. The delivery conditions, the delivery date, and any existing delivery restrictions can be found under a corresponding button on our website or in the respective offer.

7.2. If you are a consumer, it is legally required that the risk of accidental loss and accidental deterioration of the sold item during shipment will not pass to you until the item is handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by us or a person otherwise appointed to carry out the shipment.
If you are an entrepreneur, delivery and shipment are at your risk.

8. Legal Warranty Rights

The statutory warranty rights apply. The warranty conditions can be found under the provisions "Warranty" in our General Terms and Conditions (Part I).

These General Terms and Customer Information have been created by the lawyers specializing in IT law of Händlerbund and are constantly checked for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. You can find more information about this at https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
Last update: 19.11.2018