Section 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Crawlermanufaktur) via the website www.crawlermanufaktur.de. Unless otherwise agreed, the inclusion of any terms and conditions you may use is hereby rejected.
(2) For the purposes of these terms and conditions, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity. A business is any natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, is acting in the course of its independent professional or commercial activity.
Section 2 Conclusion of the Contract
(1) The subject matter of the contract is the sale of goods.
(2) By placing the respective product on our website, we submit a binding offer to you to conclude a contract via the online shopping cart system under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart." You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After clicking the "Checkout" or "Proceed to Order" button (or similar wording) and entering your personal data as well as the payment and shipping conditions, the order details will be displayed to you as an order summary.
If you use an instant payment system (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as your payment method, you will either be taken to the order summary page in our online shop or redirected to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, you will make the appropriate selections or enter your data there. Finally, the order details will be displayed to you as an order summary on the website of the instant payment system provider or after you have been redirected back to our online shop.
Before submitting your order, you have the opportunity to review the information in the order summary, make changes (including using your browser's "back" button), or cancel the order.
By submitting your order via the corresponding button ("order with obligation to pay," "buy" / "buy now," "order subject to payment," "pay" / "pay now," or similar wording), you legally accept the offer, thereby concluding the contract.
(4) Your inquiries regarding the creation of an offer are non-binding. We will then submit a binding offer to you in written form (e.g., by email), which you can accept within 5 days (unless a different deadline is specified in the offer).
(5) Order processing and the transmission of all information required in connection with the conclusion of the contract are carried out partly automatically via email. Therefore, you must ensure that the email address you have provided to us is correct, that the receipt of emails is technically ensured, and, in particular, that it is not blocked by spam filters.
Section 3 Special Agreements Regarding Offered Payment Methods
(1) Payment via "PayPal" / "PayPal Checkout"
When selecting a payment method offered via "PayPal" / "PayPal Checkout," payment processing is handled by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" are displayed to you under a correspondingly labeled button on our website and during the online ordering process. "PayPal" may use other payment services for payment processing; if special payment terms apply, you will be notified separately. Further information about "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
PayPal Section 4 Right of Retention, Reservation of Title
(1) You may only exercise a right of retention insofar as it relates to claims arising from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
Section 5 Warranty
(1) The statutory warranty rights apply.
(2) If you are informed of this by us before submitting your contractual declaration and this has been expressly and separately agreed upon, the limitation period for claims based on defects in used goods is one year from delivery of the goods. The foregoing limitation does not apply:
- to damages attributable to us caused by negligence resulting in injury to life, body, or health.
(3) We are not liable for damages to the body or health, or for other damages caused intentionally or by gross negligence; The risk of loss or damage to the goods during shipment passes to you only upon delivery, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by the seller or another person responsible for carrying out the shipment.
8. Statutory Warranty Rights
The warranty is governed by the "Warranty" section in our General Terms and Conditions (Part I).
- insofar as we have fraudulently concealed the defect or assumed a guarantee for the quality of the goods.
(3) As a consumer, you are requested to inspect the goods immediately upon delivery for completeness, obvious defects, and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty rights.
(4) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed upon if you were informed of it by us before we submitted your contractual declaration and the deviation was expressly and separately agreed upon between the contracting parties.
Section 6 Choice of Law, Place of Performance, Jurisdiction
(1) German law shall apply. For consumers, this choice of law shall only apply to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence (principle of most favorable law).
(4) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed upon if you were informed of it before we submitted your contractual declaration and the deviation was expressly and separately agreed upon between the contracting parties.
Section 6 Choice of Law, Place of Performance, Jurisdiction
(1) German law shall apply. For consumers, this choice of law shall only apply to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence (principle of most favorable law).
(5) (2) The place of performance for all services arising from our business relationship and the place of jurisdiction is our registered office, unless you are a consumer, but rather 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 unknown at the time the action is brought. This does not affect the right to bring an action before a court at another legally established place of jurisdiction.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) are expressly excluded.
II. Customer Information
1. Seller's Identity
Crawlermanufaktur
Jean Knüppe
Karl-Schurz-Weg 18
42657 Solingen
info@crawlermanufaktur.de
2. Information on the Formation of the Contract
The technical steps leading to the conclusion of the contract, the conclusion of the contract itself, and the correction options are governed by the provisions of "Formation of the Contract" in our General Terms and Conditions (Part I).
3. Contract Language, Contract Text Storage
3.1. The contract language is German.
3.2. We do not store the complete contract text. Before submitting your order via the online shopping cart system, you can print or save the contract details electronically using your browser's print function. After we receive your order, the order details, the legally required information for distance selling contracts, and the General Terms and Conditions will be sent to you again by email.
3.3. For inquiries outside the online shopping cart system, you will receive all contract details in the form of a binding offer in text form, e.g., by email, which you can print or save electronically.
4. Codes of Conduct
n/a
5. Essential Characteristics of the Goods or Services
The essential characteristics of the goods and/or services can be found in the respective offer.
6. Prices and Payment Terms
6.1. The prices listed in the respective offers, as well as the shipping costs, are total prices. They include all price components, including all applicable taxes.
6.2. The applicable shipping costs are not included in the purchase price. They can be viewed via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process, and must be borne by you in addition to the purchase price, unless free shipping is offered.
6.3. If delivery is made to countries outside the European Union, additional costs may be incurred that are beyond our control, such as customs duties, taxes, or money transfer fees (bank transfer or exchange rate fees), which must be borne by you.
6.4. Any money transfer fees (bank transfer or exchange rate fees) incurred must be borne by you if delivery is made to an EU member state but payment is initiated from outside the European Union.
6.5. The payment methods available to you are displayed under a correspondingly labeled button on our website or in the respective offer.
6.6. Unless otherwise stated for the individual payment methods, payment is due immediately upon conclusion of the contract.
7. Delivery Terms
7.1. The delivery terms, the delivery date, and any applicable delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.
7.2. If you are a consumer, the law stipulates that the risk of accidental loss or damage to the goods passes to you upon delivery.