TERMS AND CONDITIONS (GTC
- 1 Scope and Provider
- These general terms and conditions apply to all orders that you place in the online shop of the solution CR GmbH Sauerbruchstraße 112, 51375 Leverkusen .
- The range of goods in our online shop is aimed exclusively at buyers who have reached the age of 18
- Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The general terms and conditions also apply to companies for all future business relationships, even if they are not expressly agreed again. The inclusion of a customer's general terms and conditions, which contradict our general terms and conditions, is already now
- Contract language is exclusive
- You can access and print out the currently valid General Terms and Conditions on the arabicashop.de website.
- 2 Conclusion of contract
- The presentation of goods in the online shop does not constitute a binding application for the conclusion of a purchase contract. Rather, it is a non-binding invitation to buy goods in the online shop
- By clicking on the button ["Order now with obligation to pay" / "buy"] you make a binding purchase offer (§ 145 BGB). Immediately before submitting this order, you can check the order again and change it if necessary.
- After receipt of the purchase offer, you will receive an automatically generated e-mail in which we confirm that we have received your order (confirmation of receipt). This confirmation of receipt does not yet represent acceptance of your purchase offer. A contract does not yet come about through the confirmation of receipt
- A purchase contract for the goods is only concluded if we expressly declare acceptance of the purchase offer (order confirmation) or if we
send the goods to you without a prior express declaration of acceptance. Exception: when paying in advance and PayPal, the order is accepted immediately with your order.
- Orders are only possible in normal household quantities.
- 3 prizes
The prices stated on the product pages include the statutory VAT and other price components and do not include the respective shipping costs and, where specified, plus a deposit.
- 4 terms of payment; default
- Payment can be made either by:
Invoice in advance, cash on delivery, credit card,
Paypal or direct debit.
- We are responsible for selecting the available payment methods. In particular, we reserve the right to only offer you selected payment methods for payment, for example only prepayment to protect our credit risk.
- If you select the payment method in advance, we will give you our bank details in the order confirmation. The invoice amount is to be transferred to our account within 10 days of receipt of the order confirmation.
- When paying by cash on delivery, an additional fee of EUR 5.60 is due, which the delivery agent will pay on site. There are no further costs and taxes.
- When paying by credit card, the purchase price will be reserved on your credit card at the time of ordering (authorization). Your credit card account is actually debited when we send the goods to you.
- When paying with PayPal, you will be redirected to the website of the online provider PayPal during the ordering process. In order to be able to pay the invoice amount via PayPal, you must be registered there or register first, identify yourself 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. You'll get more information during the ordering process. The payment transaction is carried out automatically by PayPal immediately afterwards.
- When paying by direct debit, you may have to bear any costs that arise as a result of a chargeback of a payment transaction due to insufficient funds in the account or due to incorrectly transmitted bank details
- If you are in arrears with a payment, you are obliged to pay the statutory default interest of 5 percentage points above the base interest rate. You will be charged a reminder fee of EUR 2.50 for each reminder letter that is sent to you after the delay has occurred, unless a lower or higher damage can be proven in the individual case
- 5 Set-Off/Right of Retention
- You only have the right to offset if your counterclaim has been legally established, is not disputed or recognized by us or is closely synallagmatic with our claim
- Likewise, you can only exercise a right of retention if your counterclaim is based on the same contractual relationship
- 6 delivery
- Unless otherwise agreed, the goods will be delivered from our warehouse to the one specified by you
- Deliveries are only possible within Europe. The German deliveries are excluded from fresh and refrigerated deliveries
- If not all ordered products are in stock, we are entitled to make partial deliveries if this is reasonable for you. Any deadlines only begin when the last one is received
- If the delivery of perishable goods is the subject of this contract, the following applies: The customer ensures the acceptance of perishable goods on the agreed delivery date by taking suitable precautions, e.g. by accepting the goods himself, instructing a person to accept them at the specified delivery address or notifies the seller of the name and address of a neighbor who is willing and entitled to accept the goods.
- When ordering loose goods, ie goods that are individually weighed by the customer (e.g. fruit, vegetables, meat, sausage and cheese), there may be deviations in quantity. The price to be paid is determined on the basis of the basic price. The basic price is given in EUR per quantity unit (e.g. EUR per 100ml, 100g, 1kg, 1l). The price to be paid by the customer then refers to the quantity actually weighed. As a result, there may be slight differences between the price stated in the online shop when the order is sent and the actual price
invoice price come. Efforts are made to keep such deviations as small as possible.
- The delivery of ordered goods is subject to the availability of the If this is not available at the time of ordering, the customer will receive notification of the expected delivery date and the order will be reserved by us. As soon as the goods are in stock, they will be sent to the customer without any further notification being sent to the customer. In the case of non-availability, in particular because a limited stock of goods marked as such is exhausted (e.g. vintage wine), the customer will be informed by us. Payments already made will then be refunded immediately.
- As an exception, we are not obliged to deliver the ordered goods if we have properly ordered the goods on our part, but have not been supplied correctly or on time (congruent hedging transaction). The prerequisite is that we are not responsible for the lack of availability of the goods and that we inform you of this fact immediately. In addition, we must not have assumed the risk of procuring the goods ordered. If the goods are unavailable, we will immediately reimburse you for payments already made. We do not assume the risk of having to procure an ordered product (procurement risk). This also applies when ordering goods that are only described in terms of their type and characteristics (generic goods). We are only obliged to deliver from our stock of goods and the goods we have ordered from our suppliers.
- 7 Retention of Title
- The goods remain our property until the purchase price has been paid in full.
- If you are an entrepreneur within the meaning of Section 14 of the German Civil Code, the following also applies:
- We reserve ownership of the goods until all claims from the current business relationship have been settled in full. Pledging or assignment as security is not permitted before ownership of the reserved goods has passed.
- You may not resell the goods in the ordinary course of business without prior approval. In this case, you assign to us all claims in the amount of the invoice amount that accrue to you from the resale. We accept the assignment, but you are authorized to collect the claims. If you do not meet your payment obligations properly, we reserve the right to claim claims ourselves
- If the reserved goods are combined and mixed, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of the
- We undertake to release the securities to which we are entitled upon request insofar as the realizable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released is incumbent
- 8 cancellation policy
In the event that you are a consumer within the meaning of § 13 BGB, i.e. make the purchase for purposes that cannot be attributed to your commercial or self-employed professional activity, you have a right of withdrawal in accordance with the following provisions.
right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods.
In order to exercise your right of withdrawal, you must inform us
by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this refund we use the same
means of payment that you used in the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged fees for this repayment.
We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.
You must return the goods to us or hand them over to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to the handling of the goods that is not necessary to establish the nature, characteristics and functioning of the goods.
End of revocation
- The right of withdrawal does not exist
- for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
- When delivering goods that can spoil quickly or whose use-by date would soon be exceeded,
- for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal was removed after delivery,
- upon delivery of goods if these were inseparably mixed with other goods after delivery due to their nature or
- for the delivery of alcoholic beverages, the price of which was agreed when the contract was concluded, but which can be delivered no earlier than 30 days after the conclusion of the contract and the current value of which depends on fluctuations on the market over which the entrepreneur has no influence.
- Please avoid damage and contamination. If possible, please send the goods back to us in the original packaging with all accessories and with all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please use suitable packaging to ensure adequate protection against transport damage in order to be able to claim compensation for damage caused by defective packaging
- Before returning, please call us on +49 (0) 174 1617 007 to announce the return. In this way, you enable us to assign the data as quickly as possible
- Please note that the modalities mentioned in paragraphs 2 and 3 above are not a prerequisite for the effective exercise of the right of withdrawal
- 9 Damage in transit
- If goods are delivered with obvious transport damage, please report such errors to the deliverer immediately and contact us as soon as possible
- The omission of a complaint or contact does not affect your statutory warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurance company.
- 10 Warranty
- Unless expressly agreed otherwise, your warranty claims are based on the statutory provisions of sales law (§§ 433 ff. BGB).
- If you are an entrepreneur within the meaning of § 14 BGB, the statutory provisions apply with the following modifications:
- Only our own information and the manufacturer's product description are binding for the quality of the goods, but not public promotions and statements and other advertising by the seller
- You are obliged to examine the goods immediately and with due care for deviations in quality and quantity and to notify us of obvious defects within 7 days of receipt of the goods. Timely dispatch is sufficient to meet the deadline. This also applies to hidden defects found later upon discovery. In the event of a breach of the obligation to examine and give notice of defects, the assertion of warranty claims is excluded.
- In the event of defects, we shall provide a warranty, at our discretion, by rectification or replacement delivery (subsequent performance). In the case of rectification, we do not have to bear the increased costs that arise from transporting the goods to a location other than the place of performance if the transport does not correspond to the intended use of the goods.
- If the supplementary performance fails twice, you can either demand a price reduction or withdraw from the contract.
- The warranty period is one year from delivery of the
- 11 Liability
- Unlimited liability: We have unlimited liability for intent and gross negligence, as well as in accordance with the For slight negligence, we are liable for damage resulting from injury to life, limb and health of persons.
- The following limited liability also applies: In the case of slight negligence, we are only liable in the event of a breach of an essential contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which you can regularly rely (cardinal obligation). The amount of liability for slight negligence is limited to the damage that was foreseeable at the time the contract was concluded and the occurrence of which must typically be expected. This limitation of liability also applies to our vicarious agents.
- 12 Alternative Dispute Resolution
The EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to initially settle disputes in connection with their online order without going to court. The dispute settlement platform can be reached via the external link http://ec.europa.eu/consumers/odr/ .
We endeavor to settle any differences of opinion arising from our contract by mutual agreement. In addition, we are about to take part in a
We are not obliged to participate in an arbitration procedure and unfortunately cannot offer you participation in such a procedure.
- 13 Final Provisions
- Should one or more provisions of these General Terms and Conditions be or become invalid, this will not affect the validity of the other provisions.
- German law applies exclusively to contracts between us and you, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN Sales Convention"). Mandatory provisions of the country in which you usually reside remain unaffected by the choice of law.
- If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from or in connection with contracts between us and you is our place of business.
Status: September, 2020