End Consumer

I. Scope

These general terms and conditions (GTC) apply to all deliveries from Carromco GmbH & Co. KG. Unless otherwise stated in the offer, these GTC apply exclusively. Deviating conditions of the purchaser are not recognized; they do not become part of the purchase contract.

II. Contracting Party

The purchase contract is concluded with Carromco GmbH & Co. KG, Mühlenweg 144, 22844 Norderstedt, Germany. You can reach our customer service for questions, complaints, and objections on weekdays from 9 AM to 6 PM at the phone number: +49 40 3259266-22 as well as by email at info@carromco.com and by fax at the number +49 40 3259266-33.

III. Offer and Conclusion of Contract

The presentation of the products in the online shop does not constitute a legally binding offer, but rather an invitation to order. Errors are reserved. A purchase contract is only concluded with the dispatch of the ordered goods or by notification of delivery to you. The electronic confirmation sent by us after your order is not yet an acceptance, but merely informs you of the receipt of your order in the system. Together with the goods, you will receive an invoice, which also serves as an order confirmation. If we are unable to deliver the ordered goods, we will inform you immediately about the unavailability. Special agreements and side agreements are only valid after written confirmation by the seller.

IV. Right of Withdrawal

a) Right of Withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period begins 14 days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods. To exercise your right of withdrawal, you must inform us – Carromco GmbH & Co. KG, Mühlenweg 144, 22844 Norderstedt, telephone number: +49 40 3259266-22, fax number: +49 40 3259266-33, email: info@carromco.com – by means of a clear statement (e.g. a letter sent by post, fax, or email) about your decision to withdraw from this contract. If you make use of this option, we will promptly (e.g. by email) send you a confirmation of the receipt of such a withdrawal. To comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the withdrawal period has expired.

b) Consequences of Withdrawal

If you revoke this contract, we will refund you all payments we have received from you, including delivery costs (except for additional costs resulting from your choice of a delivery method other than the least expensive standard delivery offered by us), without delay and no later than 14 days from the day we receive the notification of your revocation of this contract. For this refund, we will use the same payment method that you used for the original transaction, unless something else has been expressly agreed with you; in no case will you be charged any fees for this refund. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier. You must return the goods without delay and in any case no later than 14 days from the day you inform us of the revocation of this contract to Carromco GmbH & Co. KG, Mühlenweg 144, D-22844 Norderstedt. The deadline is met if you send the goods before the 14-day period 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 handling that is not necessary for checking the nature, characteristics, and functioning of the goods.

V. Prices, Invoicing and Due Date

Our prices include the statutory value-added tax of the Federal Republic of Germany. In addition, shipping and handling costs apply unless otherwise specified in the offer itself. The invoice amount is due immediately unless otherwise stated on the invoice. If the buyer does not pay on time even after a reminder with a deadline, the seller can claim the outstanding invoice amount as well as the reminder costs or choose to withdraw from the contract and demand compensation for non-fulfillment. The damage due to payment delay amounts in any case to the statutory default interest rate of currently 5% above the base interest rate according to § 1 Discount Transfer Act. The assertion of any further damage remains reserved for the seller.

VI. Order and Minimum Order Value

You can place your order with us online, by email, by phone, or by fax. We have no minimum order value.

VII. Shipping Costs Germany

We deliver free of charge within Germany.

VIII. Payment Methods

You have various payment options: cash payment upon pickup, online payment (Paypal).

IX. Delivery Service

We strive to provide a fast and reliable service. Your order is usually processed within 48 hours. If some items are currently unavailable from our manufacturer, we will inform you by phone. Our normal delivery time within Germany is 7 days. To avoid disappointment, we ask you to place your Christmas and Easter orders early.

X. Packaging

The packaging costs are included in our prices. The goods remain the property of Carromco GmbH & Co. KG until full payment is made.

XI. Liability and Warranty

If delivered items show obvious material or manufacturing defects, including transport damage, please report such defects to us or the person delivering the items. The delivered goods must be inspected immediately by commercial buyers, and obvious defects must also be reported to the seller without delay, providing the necessary information. In the case of defects in the goods, the buyer initially has the exclusive right to a flawless replacement delivery. If this fails or is unreasonable for the seller, the buyer has the right, at their discretion, to reduce the price or rescind the contract. To the extent that we grant you a seller's warranty without prejudice to these statutory claims, the details are outlined in the warranty conditions attached to each delivered item. All goods from our shop are subject to statutory warranty rights.

XII. Miscellaneous

Your orders are stored with us. We collect and process the data carefully and use it only for contract fulfillment and your business information from us. If you lose your documents regarding your orders, please contact us by email, fax, or phone. We will gladly send you a copy of your order data.

XIII. Applicable Law

The contracts concluded with us are subject in all cases to the law of the Federal Republic of Germany. This also applies to orders and/or deliveries to foreign countries. Carromco GmbH & Co. KG, Mühlenweg 144, 22844 Norderstedt, Germany, Telephone: +49 40 3259266-22, Email: info@carromco.com, Fax number: +49 40 3259266-33.

Alternative dispute resolution according to Art. 14 para. 1 ODR-VO and § 36 VSBG

The European Commission provides a platform for online dispute resolution (ODR), which you can find at https://ec.europa.eu/consumers/odr . We are not obligated and not willing to participate in a dispute resolution procedure before a consumer arbitration board.

B2B

I. Scope and Exclusion Clause

These terms and conditions apply to all current and future business conditions between us and customers who are entrepreneurs. Entrepreneurs are natural or legal persons or legally capable partnerships with whom business relationships are entered into, acting in the exercise of a commercial or independent professional activity. Legal entities under public law and public law special assets are also considered entrepreneurs within the meaning of these terms and conditions.

We hereby expressly object to any differing, opposing, or supplementary terms and conditions of the customer. Such terms and conditions will not become part of the contract even if known, unless their validity is expressly agreed to in writing.

II. Offer and Conclusion of Contract

Our offers are always non-binding. The documents belonging to our offers, such as images, drawings, weight and measurement specifications, are only approximately authoritative, unless they are expressly designated as binding.

Orders placed with us become effective only upon our written confirmation. Customers are bound to their order until our written rejection is received. The binding obligation expires if we do not confirm the order in writing within a period of at least two weeks set by the customer. The deadline must be set in writing.

Verbal agreements become effective only with our written confirmation. This cannot be waived either verbally, tacitly, or implicitly.

We reserve the right to correct recognizable errors in our offers, confirmations, invoices, or other communications at any time.

III. Prices and Payment

Our prices are net prices and are quoted in euros.

Our invoices are due immediately upon receipt of the goods unless otherwise agreed in writing. Partial payments are only possible with prior written agreement. In the event of default, at least the statutory default interest applies, unless we can prove a higher default damage.

A flat fee of 10 euros will be charged for each payment reminder/dunning notice.

Payment instructions, checks, and bills of exchange are only accepted for payment purposes, with all collection and discount expenses being charged.

As far as we are entitled to partial services, late payment entitles us to refuse further services or to exercise the right of retention. In the event of default in payment, the entire invoice becomes due immediately. Any previous deferral agreements will then be void immediately. In the event of a deterioration in the customer's financial situation, their cessation of payments, or an application for the opening of a composition/insolvency procedure regarding the customer's assets, all our claims, including deferred claims, become due immediately.

A set-off or a right of retention against claims owed to us is only effective if the set-off claim or the claim for which a right of retention is asserted is undisputed or legally established. Assignment of claims that exist against us by the customer is only valid with our written consent.

IV. Delivery and Storage

The scope of delivery and the agreement of delivery dates are determined by our written order confirmation. In the case of an offer from us with a time binding and timely acceptance, the offer is decisive, provided that no timely order confirmation is available.

The delivery period begins with the dispatch of the order confirmation, but not before the provision of the documents to be obtained by the buyer, such as permits and approvals, etc., as well as before the receipt of an agreed down payment. We strive to adhere to the specified delivery date; however, the delivery date is non-binding.

If the shipping is delayed at the buyer's request, the costs incurred due to storage will be charged to him, starting one month after notification of shipping readiness. However, we are entitled to dispose of the delivery item otherwise after setting a reasonable deadline and its fruitless expiration, and to deliver to the buyer with an appropriately extended deadline.

Compliance with the delivery deadline requires the fulfillment of the buyer's contractual obligations.

The goods are considered delivered ex warehouse in any case and travel at the buyer's risk without any liabilities of the seller. Transport insurance is only covered at the buyer's request. If storage becomes necessary, the goods will be stored at the buyer's expense and risk without any liabilities of the seller.

We are entitled to partial deliveries.

V. Transfer of risk, warranty rights, inspection and complaint obligations

The risk of accidental loss and accidental deterioration of the goods passes to the buyer upon delivery of the goods to the carrier, the freight forwarder, or any other person or institution designated for the execution of the shipment, even if partial deliveries are made or if we have taken on other services, e.g., shipping costs or export and instruction. If the shipping is delayed due to circumstances for which the buyer is responsible, the risk passes to the buyer from the day of shipping readiness.

Visible transport damage must be reported immediately to the responsible deliverer upon delivery. The same applies in case of suspicion of transport theft, whereby the exact freight weight of the shipment should still be determined at the time of delivery, among other things, for the purpose of any potential claims against an insurance company. The buyer must inspect the goods immediately after delivery and, if a defect is found, notify the seller in writing within eight days at the latest. Late complaints cannot be considered unless it is a defect that was not recognizable during the inspection. If such a defect only becomes apparent later, the notification must be made within one week of its discovery. Otherwise, the goods are deemed approved. Timely dispatch is sufficient to meet the deadline. The buyer bears the full burden of proof for all claim requirements, particularly for the defect itself, the time of detection of the defect, and the timeliness of the defect notification.

Insofar as a defect claim exists, we will initially provide warranty at our discretion through repair or replacement delivery. Minor deviations of the goods in size, quality, and color are already considered approved, provided that the ordinary use of the goods is not impaired by the deviation. If the subsequent fulfillment fails, the customer can generally demand a reduction of the payment (reduction) or cancellation of the contract (withdrawal) at their choice. In the case of only minor defects, the customer has no right of withdrawal.

We are liable according to the statutory provisions, provided that the customer asserts claims for damages based on intent or gross negligence on our part or that of our agents. As long as no intentional breach of contract is attributed to us, liability for damages is limited to the foreseeable, typical damage. We are liable according to the statutory provisions if we culpably breach a significant contractual obligation. In this case, liability for damages is limited to the foreseeable, typically occurring damage.

Liability for culpable injury to life, body, or health remains unaffected. This also applies to mandatory liability under the Product Liability Act.

Further direct or indirect claims for damages are excluded, unless otherwise provided above, to the extent permitted by law.

VI. Withdrawal

The buyer may withdraw from the contract if the entire performance becomes definitively impossible for us before the transfer of risk. The same applies in the case of our inability.

If there is a delay in performance on our part and the customer grants us a reasonable extension with the express declaration that he will refuse acceptance of the performance after this period, and if the extension is not adhered to, the buyer is entitled to withdraw.

If impossibility occurs during the acceptance delay or due to the buyer's fault, the buyer remains obligated to perform.

All further claims of the buyer, especially for warranty as well as for compensation for damages of any kind, are excluded, to the extent permitted by law, including those damages that did not occur to the delivery item itself.

In the event of unforeseen circumstances, to the extent that they significantly change the economic significance or the content of the service or have a significant impact on our operations, and in the case of subsequently arising impossibility of execution, the contract will be appropriately adjusted. To the extent that this is economically justifiable, we have the right to withdraw from the contract in whole or in part. Claims for damages by the buyer due to such withdrawal do not exist.

VII. Retention of Title

The seller retains ownership of the goods until all claims of the seller against the buyer arising from the business relationship, including future claims arising from contracts concluded simultaneously or later, are settled. This also applies if individual or all claims of the seller have been included in an ongoing invoice and the balance has been drawn and acknowledged. The buyer is only entitled to resell the reserved goods in the ordinary course of business if he hereby assigns all claims arising from the resale against purchasers or against third parties to the seller. If reserved goods are sold unprocessed or after processing or connection with items that are solely owned by the buyer, the buyer hereby assigns all claims arising from the resale in full to the seller. If reserved goods are sold by the buyer after processing/connection together with goods not belonging to the seller, the buyer hereby assigns all claims arising from the resale to the extent of the value of the reserved goods with all ancillary rights and priority over the remainder. The seller accepts the assignment. The buyer is also authorized to collect these claims even after the assignment. The seller's authority to collect the claim himself remains unaffected; however, the seller undertakes not to collect the claim as long as the buyer duly fulfills his payment and other obligations. The seller may demand that the buyer informs him of the assigned claims and their debtors, provides all necessary information for collection, hands over the relevant documents, and notifies the debtor of the assignment.

VIII. Rights of Third Parties

In case of infringement of third-party rights, e.g. exclusive rights and associated sales bans, the buyer's claims for damages against the seller are excluded.

IX. Final Provisions

The place of performance for all services arising from the business relationships with us is Norderstedt.

Only the law of the Federal Republic of Germany applies, in particular the BGB, HGB, and the ZPO. The provisions of the UN Sales Law do not apply. Foreign law is also excluded if the buyer has their habitual residence abroad.

The competent court, as far as legally permissible, also applies to bills of exchange and check claims, as well as to all claims between the contracting parties, exclusively the District Court of Norderstedt/District Court of Kiel. This also applies to all claims against foreign customers and from such against us.

Should individual provisions of the contract with the customer, including these General Terms and Conditions, be wholly or partially ineffective or become so, the effectiveness of the remaining provisions shall not be affected. In this case, the contracting parties agree to replace the invalid provision with a regulation that comes close to the legal and economic purpose of the contract.