General Terms and Conditions
1. Scope of application, definitions
(1) For the business relationship between the operator of the shop "CRP Import Export GmbH" (hereinafter "Vendor") and the customer, the following General Terms and Conditions apply exclusively in the currently valid edition at the time of placing the order. Deviating terms of the customer are not recognised, unless the Vendor agrees to their validity expressly and in writing.
(2) The customer is a consumer to the extent that the purpose of the ordered deliveries and services cannot be attributed to his commercial or self-employed professional activities. In contrast, every natural person or legal entity or incorporated partnership exercising commercial or independent professional activities when concluding this contract shall be considered an entrepreneur.
(3) The contract texts will not be saved by the supplier after conclusion of the contract and will then no longer be available to the customer.
2. Conclusion of contract
(1) The customer can select from the range of products offered by the vendor and place these into the shopping basket via the "place in shopping basket" button. Via the "Buy" button, he enters into a binding purchase contract for the goods in the shopping basket. Before placing the order, the customer can view and change this data at any time. The request can, however, only be submitted and transmitted when the customer accepts these terms and conditions by clicking on the button "Accept GTC" and thereby integrates these into the request.
(2) The Vendor then sends the customer an automatic confirmation of receipt by email, in which the order of the customer is listed once again and which the customer can print out via the "Print" function. The automatic confirmation of receipt only documents that the order from the customer has been received by the Vendor and does not represent acceptance of the request. The contract comes into being upon declaration of acceptance of the request by the Vendor; this is sent by separate email ("confirmation of order").
3. Delivery, availability of goods
(1) If no items of the products selected by the customer are available at the point at which he places the order, the Vendor will notify the customer of this immediately in the confirmation of order. If the product cannot be supplied in the long-term, the Vendor will not make a declaration of acceptance. In this case, no contract shall exist.
(2) If the product in the customer's order unavailable only temporarily, the Vendor will also inform the customer of this immediately in the order confirmation. If delivery is delayed by more than two weeks, the customer is entitled to withdraw from the contract. Otherwise the Vendor is also entitled in this case to withdraw from the contract. In this case, he shall immediately reimburse any payments already made by the customer.
4. Retention of titleUntil complete payment, the delivered goods remain the property of the Vendor.
5. Prices and shipping costs
(1) All prices indicated on the website of the Vendor include applicable statutory VAT.
(2) The relevant shipping costs will be provided to the customer in the order form and must be borne by the customer, unless the customer exercises his right of revocation. Orders to the value of €100.00 or more are delivered to the customer free of shipping charges.
(3) Goods are dispatched by post. If the customer is a consumer, the shipping risk is borne by the Vendor.
(4) We deliver within the European Union and Iceland, Liechtenstein, Monaco, UK. More Countrys on request
(1) The customer can pay via cash on delivery, payment in advance, PayPal, Klarna, DIRECTebanking, Bahrzahlen.de, Check/Money Order, Credit Card and instant transfer.
(2) The payment of the purchase price is due immediately after conclusion of the contract. I(3) The obligation of the customer to pay default interest does not exclude the exercise of further default damages by the Vendor.
7. Material defect warranty, guarantee
(1) The Vendor is liable for material defects in accordance with the applicable legal regulations, in particular Sections 434 ff German Civil code (BGB). The obligation of warranty for goods supplied by the Vendor is 12 months with regard to entrepreneurs.
8. Liability
(1) Claims by the customer for damages are excluded. Excepted are claims for damages by the customer for injury to life, limb or health, or for the violation of essential contractual obligations (cardinal obligations) as well as the liability for other damages which can be attributed to the intentional or grossly negligent violation of obligations of the Vendor, his legal representative or vicarious agents. Essential contractual obligations are those whose fulfilment is required for achieving the aim of the contract.
(2) In the case of violation of essential contractual obligations, the Vendor is liable only for foreseeable damages typical of the contract and caused by ordinary negligence, unless claims for damages by the customer due to injury to life, limb or health are involved.
(3) The limitations of paragraphs 1 and 2 also apply to the benefit of legal representatives and vicarious agents of the Vendor, if claims are made directly against these.
(4) The provisions of the product liability law remain unaffected.
9. Cancellation Policy
Right of withdrawal
You have the right to withdraw from this contract within 14 days without providing reasons.
The withdrawal period is 14 days from the day on which you or a third party appointed by you, who is not the carrier, took possession of the goods (or - in the case of a contract involving several types of goods, the day on which you placed a single order for the goods, which are to be delivered separately - the final goods or in the case of a contract regarding the delivery of goods in several partial deliveries or parts - the final partial shipment or the final part).
In order to exercise your right of withdrawal, you must inform us (CRP Import Export GmbH, Billbrookdeich 80, 22113 Hamburg, Germany, phone: +49 (0)40 73676191, e-mail address: [email protected]) by sending a clear declaration (e.g. a letter sent in the post, fax or e-mail) about your decision to withdraw from this contract. For this purpose, you may (but are not required to) use a sample withdrawal form available here.
The dispatch of your declaration regarding the exercise of the right of withdrawal before the withdrawal period expires is sufficient for compliance with the deadline.
Consequences of withdrawal
If you withdraw from this contract, we will refund all payments we have received from you, including the delivery costs (with the exception of the additional costs incurred of you opted for a form of delivery other than our offered cheaper standard delivery), without delay and within 14 days From the day on which we receive your notification of withdrawal from this contract. We will use the same means of payment you used for the original transaction for this refund, unless expressly agreed otherwise with you. Under no circumstances will you be charged any fees in connection with this refund. We can refuse repayment until we have received the returned goods or you have provided proof that you have sent back the goods, whichever occurs earlier.
You must send or return the goods to us at the following address immediately and in any case within 14 days after the day on which you informed us of your withdrawal from this contract. Dispatch of the goods within the 14-day period is sufficient for compliance with the deadline.
You bear the direct costs of returning the goods.
You will only be required to pay for any loss of value of the goods if this loss of value is the result of handing the goods in a manner not necessary to assess the nature, characteristics and functionality of the goods.
Sample withdrawal form
The sample withdrawal form can be found here: Withdrawal form.
10. Information on data processing
(1) The vendor collects data from the customer in the course of contract performance. In this, he observes in particular the regulations of the Federal Data Protection Act (Bundesdatenschutzgesetz) and the Telemedia Act (Telemediengesetz). Without consent of the customer, the vendor will only collect, process or use inventory and usage data of the customer to the extent that this is required for the performance of the contractual relationship and for the utilisation and settlement of telemedia.
(2) Without the consent of the customer, the vendor will not use customer data for the purposes of advertising or for market or opinion research.
(3) The customer has the option at all times to see the data collected about him via the "My data" button in his profile, to amend this data or to delete it. Otherwise, reference will be made to the consent of the customer and further information on data collection, processing and use in the data protection declaration, which can always be accessed on the website of the vendor via the "data protection" button in a printable format.
11. Final provisions
(1) The laws of the Federal Republic of Germany apply to the contract between the supplier and the customer, with the exclusion of the CISG. The legal regulations regarding the restriction of the choice of law and the applicability of mandatory regulations, in particular those of the country which is the consumer’s place of residence as a trading consumer, remain unaffected.
(2) Insofar as the customer is a merchant, a legal person under public law or special fund under public law, the place of jurisdiction for all disputes arising from the contractual relationship between the customer and the Vendor is Hamburg.
(3) The contract remains valid in its remainder should individual points be or become invalid. The statutory provisions take the place of the invalid points, should any exist. To the extent that this represents undue hardship for one contractual party, the entire contract shall, however, become invalid.
I. Standard business terms
§ 1 Basic provisions
(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (CRP Import-Export GmbH) via the growmart.de website. Unless otherwise agreed upon, the inclusion, if necessary, of your own conditions is ruled out.
(2) A ‘consumer’ in the sense of the following regulations is every natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities. The term ‘businessman’ refers to every natural person, legal person or legally responsible partnership that concludes a legal transaction in pursuance of his/its independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject-matter of the contract is the selling of products .
(2) As soon as you place the respective product on our website, we shall submit to you a binding offer 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:
By sending the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order with obligation to pay", "pay" / "pay now" or similar designation) you declare the legally binding acceptance of the offer, whereby the contract is concluded.
(4) You are not bound by your enquiries regarding the creation of an offer that have been conveyed to us. We supply you with a textual and binding offer (e.g. via e-mail), which you can accept within a period of 5 days.
(5) The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.
§ 3 Special agreements related to the offered payment methods
(1) Payment via "Mollie"
If you select a payment method offered via "Mollie", the payment will be processed via the payment service provider Mollie B.V. (Keizersgracht 313, 1016 EE Amsterdam, The Netherlands; "Mollie").
The individual payment methods via "Mollie" will be displayed to you under a correspondingly designated button on our website as well as in the online ordering process. "Mollie" may use other payment services for payment processing; if special payment conditions apply, you will be informed of these separately. You can find more information about "Mollie" at https://www.mollie.com/de.
§ 4 Right of retention, reservation of proprietary rights
(1) You can only exercise a right of retention if the situation in question involves claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price is paid in full.
(3) If you are a businessman, the following conditions also apply:
a) We retain ownership of the goods until all the claims arising from the ongoing business relationship have been settled in full. The goods subject to retention of title may not be pledged or transferred by way of security before ownership of the said goods changes hands.
b) You can re-sell the goods within the framework of an orderly transaction. In this regard, you hereby cede all the claims amounting to the magnitude of the billing amount that accrue to you as a result of the re-selling operation to us, and we accept the cession. Furthermore, you are authorised to collect the claim in question. However, insofar as you do not discharge your payment obligations in an orderly fashion, we reserve the right to collect the claim ourselves.
c) In a situation involving the combination and amalgamation of the goods subject to retention of title, we acquire co-ownership of the newly-formed item. This co-ownership corresponds to the ratio that exists between the invoice value of the goods subject to retention of title and the other processed items at the time of processing.
d) If you make a request of this nature, we shall be obligated to release the securities that are due to us, to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.
§ 5 Warranty
(1) The statutory warranty rights are applicable.
(2) As a consumer, you are requested to promptly check the product for completeness, visible defects and transport damage as soon as it is delivered, and promptly disclose your complaints to us and the shipping company in writing. Even if you do not comply with this request, it shall have no effect on your legal warranty claims.
(3) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed to be agreed if you were informed of the same by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
(4)
(1) German law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteed by the mandatory provisions of the law of the country in which the respective customer’s usual place of residence is located (benefit-of-the-doubt principle).
(2) If you are not a consumer, but a businessman, a legal entity under public law or an institutional fund governed by public law, our place of business is the place of jurisdiction as well as the place of fulfilment for all services that follow from the business relationships that exist with us. The same condition applies to situations in which you are not associated with a general place of jurisdiction in Germany or the EU, as well as situations in which the place of residence or the usual place of residence is not known at the time of commencement of proceedings. This has no bearing on the capacity to call upon the court associated with another place of jurisdiction.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.
II. Customer information
1. Identity of the seller
CRP Import-Export GmbH
Billbrookdeich 80
22113 Hamburg (Hamburg, Germany)
Germany
Telephone: +49 4073676191
E-Mail: [email protected]
Alternative dispute resolution:
The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under https://ec.europa.eu/odr.
We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information regarding the conclusion of the contract
The technical steps associated with the conclusion of the contract, the contract conclusion itself and the correction options are executed in accordance to the regulations "conclusion of the contract" in our standard business terms (part I.).
3. Contractual language, saving the text of the contract
3.1 Contract language shall be English.
3.2 The complete text of the contract is not saved with us. Before the order is sent, via the online - shopping cart system the contract data can be printed out or electronically saved using the browser’s print function. After the order is received by us, the order data, the legally-mandated details related to distance selling contracts and the standard business terms are re-sent to you via e-mail.
3.3 You will be sent all contractual information within the framework of a binding offer in written form, via E-mail for example, for quotation requests outside of the online shopping basket system, which can be printed out or saved electronically in a secure manner.
4. Codes of conduct
4.1 We have subjected ourselves to the quality criteria of Trusted Shops GmbH, which can be viewed at:
http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf.
5. Main features of the product or service
The key features of the goods and/or services can be found in the respective quote.
6. Prices and payment arrangements
6.1 The prices mentioned in the respective offers represent total prices, as do the shipping costs. They include all the price components, including all the incidental taxes.
6.2 The dispatch costs that are incurred are not included in the purchase price. They can be viewed by clicking the appropriate button on our website or in the respective quote, are shown separately over the course of the order transaction and must additionally be borne by you, insofar as free delivery is not confirmed.
6.3 You must also bear the costs arising from money transfers in cases in which the delivery is made to an EU Member State, but the payment is initiated outside of the European Union.
6.4 The payment methods that are available to you are shown by clicking the appropriate button on our website or are disclosed in the respective quote.
6.5 Unless otherwise specified for the respective payment methods, the payment claims arising from the contract that has been concluded become payable immediately.
7. Delivery conditions
7.1 The delivery conditions, delivery date and existing supply restrictions, if applicable, can be found by clicking the appropriate button on our website or in the respective quote.
7.2 If you are a consumer, the following is statutorily regulated: The risk of the sold item accidentally being destroyed or degraded during shipping only passes over to you when the item in question is delivered, regardless of whether or not the shipping operation is insured. This condition does not apply if you have independently commissioned a transport company that has not been specified by us or a person who has otherwise been appointed to execute the shipping operation.
If you are a businessman, the delivery and shipping operations take place at your own risk.
8. Statutory warranty right
Liability for defects is governed by the “Warranty” provisions in our General Terms and Conditions of Business (Part I).
These SBTs and customer details were created by the lawyers specialising in IT law who work for the Händlerbund, and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and assumes liability in case warnings are issued. More detailed information can be found on the following website: https://www.haendlerbund.de/
last update: 29.11.2023