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
6. Methods of payment
(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.
(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.