General Terms and Conditions

of the Cart Care Company GmbH

The following terms and conditions and the law shall apply exclusively to all deliveries and services provided by us until revoked, i.e. also for future transactions. Other terms and conditions (e.g. the customer's terms and conditions of purchase) shall not apply even if we do not expressly object to them. Deviations from our terms and conditions of sale and delivery or additions to them must be agreed in writing in all cases.

I. Contracts with merchants and entrepreneurs within the meaning of § 14 BGB

1. conclusion of contract

Our offers are always subject to change. A contract is only concluded upon our written confirmation, subject exclusively to these General Terms and Conditions. An order is to be regarded as an offer in accordance with § 145 BGB. We can accept this within a period of 2 (two) weeks.

2. scope of application

  1. These Terms and Conditions of Sale apply exclusively to entrepreneurs, legal entities under public law or special funds under public law within the meaning of Section 310 (1) of the German Civil Code (BGB). We shall only recognise any terms and conditions of the customer that conflict with or deviate from our Terms and Conditions of Sale if we expressly agree to their validity in writing.
  2. These Terms and Conditions of Sale shall also apply to all future transactions with the Purchaser, insofar as they are legal transactions of a related nature (as a precaution, the Terms and Conditions of Sale should always be attached to the order confirmation).
  3. Individual agreements made with the Buyer in individual cases (including collateral agreements, supplements and amendments) shall in any case take precedence over these Terms and Conditions of Sale. Subject to proof to the contrary, a written contract or our written confirmation shall be decisive for the content of such agreements.

3. documents provided

We reserve the property rights and copyrights to all documents provided to the customer in connection with the order placement - also in electronic form - such as calculations, drawings, etc.. These documents may not be made accessible to third parties unless we give the customer our express written consent. If we do not accept the customer's offer within the period specified in clause 1, these documents must be returned to us immediately.

4 Prices and terms of payment

  1. Unless otherwise agreed, the prices are for delivery ex warehouse Pinneberg excluding the applicable value added tax. This will be shown and charged separately at the rate applicable on the day of delivery. All postage, freight and packaging costs incurred by us for the order shall be borne by the customer.
  2. Our sales prices are calculated on the basis of the factory prices, freight charges and import duties and taxes known to us. Goods originating from abroad are offered and sold by us at market prices, which are calculated according to the respective daily exchange rate of the currency of the country of origin. If one of the aforementioned bases of the price calculation - in the case of foreign goods the daily exchange rate of the foreign currency - changes before the goods have been delivered, we shall be entitled to adjust our prices accordingly immediately and without prior notification of the customer and to invoice the customer for the adjusted prices without the customer being able to withdraw from the contract or refuse to accept the goods.
  3. Complaints about the calculations can only be recognised if they are made in writing (§ 127 BGB) within 8 days of delivery of the calculation at the latest. Payment shall be made concurrently against delivery of the goods upon receipt of the invoice, strictly net.
  4. We reserve the right to demand advance payment of 100% of the total invoice from customers unknown to us (new customers).
  5. Cash discount deductions are not permitted unless they have been expressly agreed with and
  6. Any other method of payment must be expressly agreed in advance. If the customer is in default of payment, we are entitled to charge interest on arrears at a rate of 9% above the respective base interest rate (Section 288 (2) BGB).

5. offsetting / rights of retention

  1. The client may not offset any claims other than those that are undisputed or have been recognised by declaratory judgement.
  2. The client shall only be authorised to exercise a right of retention to the extent that its counterclaim is based on the same contractual relationship.

6. deliveries

  1. Deliveries and services are always ex warehouse Pinneberg.
  2. If the customer wishes the goods to be shipped to another location, this shall be at the customer's expense and risk.
  3. Delivery deadlines are only binding if they have been declared binding by us in writing. This shall not be deemed to be the case if a delivery date is stated on the order confirmation.
  4. We are exempt from adhering to a delivery deadline in the event of force majeure, strikes, operational disruptions, transport disruptions and other disruptions and delays that are not our fault. This shall not give rise to any claims for damages or rights of cancellation on the part of the purchaser, unless the delay in delivery is caused by us intentionally or negligently.
  5. In the event of a delay in delivery not caused by us intentionally or through gross negligence, we shall be liable for each completed week of delay within the scope of a lump-sum compensation for delay in the amount of 3% of the delivery value, but not more than 15% of the delivery value.
  6. Further statutory claims and rights of the customer due to a delay in delivery remain unaffected.
  7. If the customer is in default of acceptance or culpably violates other obligations to co-operate, we shall be entitled to demand compensation for the damage incurred by us in this respect, including any additional expenses. We reserve the right to assert further claims. If the above conditions are met, the risk of accidental loss or accidental deterioration of the purchased item shall pass to the customer at the point in time at which the customer is in default of acceptance or debtor's delay.

7. transfer of risk

  1. If the goods are dispatched at the request of the customer, the risk of accidental loss or accidental deterioration of the goods shall pass to the customer upon dispatch from our warehouse, at the latest upon leaving the factory/warehouse.
  2. This applies regardless of whether the goods are dispatched from the place of fulfilment or who bears the freight costs.

8. reservation of title

  1. We reserve title to the delivered goods until all claims arising from the delivery contract have been paid in full. This shall also apply to all future deliveries, even if we do not always expressly refer to this. We are entitled to take back the object of purchase if the customer is in breach of contract.
  2. The customer is obliged to treat the purchased item with care as long as ownership has not yet been transferred to him. In particular, he is obliged to insure them adequately at his own expense against theft, fire and water damage at replacement value. The aforementioned regulation does not apply to the ordering and delivery of used items (e.g. carts). If maintenance and inspection work has to be carried out, the client must carry this out in good time at his own expense. As long as ownership has not yet been transferred, the client must inform us immediately in writing if the delivered item is seized or exposed to other interventions by third parties. If the third party is not in a position to reimburse us for the judicial and extrajudicial costs of an action pursuant to § 771 ZPO, the customer shall be liable for the loss incurred by us.
  3. The client is authorised to resell the reserved goods in the normal course of business. The customer hereby assigns to us the claims against the purchaser arising from the resale of the reserved goods in the amount of the final invoice amount agreed with us (including VAT). This assignment shall apply irrespective of whether the purchased item has been resold without or after processing. The customer shall remain authorised to collect the claim even after the assignment. Our authorisation to collect the claim ourselves remains unaffected by this. However, we shall not collect the claim as long as the customer fulfils his payment obligations from the proceeds received, is not in default of payment and, in particular, no application for the opening of insolvency proceedings has been filed and payments have not been suspended.
  4. The handling, processing or remodelling of the purchased item by the customer is always carried out in our name and on our behalf. In this case, the expectant right of the customer to the object of sale shall continue in the remodelled object. If the purchased item is processed with other items not belonging to us, we shall acquire co-ownership of the new item in the ratio of the objective value of our purchased item to the other processed items at the time of processing. The same shall apply in the event of mixing. If the mixing is carried out in such a way that the customer's item is to be regarded as the main item, it is agreed that the customer shall transfer co-ownership to us on a pro rata basis and shall keep the resulting sole ownership or co-ownership for us. To secure our claims against the customer, the customer shall also assign to us such claims which accrue to him against a third party through the combination of the reserved goods with a property; we hereby accept this assignment.
  5. We undertake to release the securities to which we are entitled at the request of the customer if their value exceeds the claims to be secured by more than 20 %.

9 Warranty / Complaints / Guarantee

  1. Warranty rights of the client presuppose that he has duly fulfilled his immediate inspection and complaint obligations in accordance with § 377 HGB.
  2. In the case of new products (carts), claims for defects shall become time-barred 12 months after delivery of the goods supplied by us to our client. The statutory limitation period shall apply to claims for damages in the event of intent and gross negligence as well as in the event of injury to life, body and health based on an intentional or negligent breach of duty by the user.
  3. In the case of used products (carts), the statutory warranty is completely excluded on our part. The shortening of the limitation periods shall not apply to claims for damages by the customer / client due to injury to life, limb or health or to claims for damages due to a breach of material contractual obligations. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract. For example, Cart Care must hand over the item to the purchaser / client free of material defects or defects of title and also procure ownership of it.
  4. Insofar as the law prescribes longer periods in accordance with § 438 Para. 1 No. 2 BGB (buildings and items for buildings), § 445 b BGB (right of recourse) and § 634a Para. 1 BGB (building defects), these periods shall apply. Our consent must be obtained prior to any return of the goods.
  5. If, despite all due care, the delivered goods have a defect that already existed at the time of the transfer of risk, we shall, at our discretion, either repair the goods or deliver replacement goods, subject to timely notification of defects. We must always be given the opportunity for subsequent fulfilment within a reasonable period of time.
  6. Recourse claims remain unaffected by the above provision without restriction.
  7. If the subsequent fulfilment fails, the client may - without prejudice to any claims for damages - withdraw from the contract or reduce the remuneration.
  8. Claims for defects do not exist in the case of only insignificant deviation from the agreed quality, in the case of only insignificant impairment of usability, in the case of natural wear and tear, or in the case of damage arising after the transfer of risk as a result of incorrect or negligent handling, excessive use, unsuitable equipment or due to special external influences which are not provided for in the contract. If improper repair work or modifications are carried out by the client or third parties, no claims for defects shall exist for these and the resulting consequences.
  9. Claims by the customer for expenses incurred for the purpose of subsequent performance, in particular transport, travel, labour and material costs, are excluded if the expenses increase because the goods delivered by us have subsequently been taken to a place other than the customer's registered office, unless the transfer corresponds to their intended use.
  10. The customer shall only have a right of recourse against us insofar as the customer has not made any agreements with his customer that go beyond the legally mandatory claims for defects. Furthermore, paragraph 8 shall apply accordingly to the scope of the client's right of recourse against the supplier.
  11. The warranty does not apply to consumable parts such as batteries, unless there is a material or manufacturing defect.

10. limitation of liability

  1. Notwithstanding the above provisions (Section 9) and the following limitations of liability, we shall be liable without limitation for damage to life, limb and health resulting from a negligent or intentional breach of duty by our legal representatives or our vicarious agents, as well as for damage covered by liability under the Product Liability Act, and for all damage resulting from intentional or grossly negligent breaches of contract and fraudulent intent on the part of our legal representatives or our vicarious agents. Insofar as we have given a guarantee of quality and/or durability with regard to the goods or parts thereof, we shall also be liable within the scope of this guarantee. However, we shall only be liable for damages that are based on the absence of the guaranteed quality or durability but do not occur directly on the goods if the risk of such damage is clearly covered by the quality and durability guarantee.
  2. We shall also be liable for damages caused by simple negligence, insofar as this negligence concerns the breach of such contractual obligations, the fulfilment of which is of particular importance for the achievement of the purpose of the contract (cardinal obligations). However, we shall only be liable if the damage is typically associated with the contract and is foreseeable. Otherwise, we shall not be liable for simple negligent breaches of secondary obligations that are not essential to the contract. The limitations of liability contained in sentences 1 - 3 shall also apply insofar as the liability for the legal representatives, executive employees and other vicarious agents is concerned.
  3. Any further liability is excluded regardless of the legal nature of the claim asserted. Insofar as our liability is excluded or limited, this shall also apply to the personal liability of our employees, workers, staff, representatives and vicarious agents.

11. insurance

The items handed over to us for the fulfilment of an order are not insured against fire, theft and transport damage etc. These risks shall be covered by the client. These risks must be covered by the client and will be covered by us at the client's expense upon request.

12 Place of jurisdiction, applicable law

  1. This contract and all legal relationships between the parties are subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
  2. The place of jurisdiction for all disputes arising from the contractual relationship as well as its creation and validity is Pinneberg.
  3. Should individual provisions of this contract be or become invalid or contain loopholes, the remaining provisions shall remain unaffected.

II. contracts with consumers within the meaning of § 13 BGB

13 Conclusion of contract

Our offers are always subject to change. A contract is only concluded upon our written confirmation under the exclusive validity of these General Terms and Conditions, which can be viewed online at www.cartcare.de and are also attached to any offers we make to you. An order is to be regarded as an offer in accordance with § 145 BGB. We can accept this within a period of 2 (two) weeks.

14 Scope of application

  1. These Terms and Conditions of Sale pursuant to Section II. apply exclusively to consumers within the meaning of Section 13 of the German Civil Code (BGB).
  2. These Terms and Conditions of Sale shall also apply to all future transactions with the Purchaser, insofar as they are legal transactions of a related nature.
  3. Individual agreements made with the Buyer in individual cases (including collateral agreements, supplements and amendments) shall in any case take precedence over these Terms and Conditions of Sale. Subject to proof to the contrary, a written contract or our written confirmation shall be authoritative for the content of such agreements.

15. documents provided

We reserve the property rights and copyrights to all documents provided to the customer in connection with the order placement - also in electronic form - such as calculations, drawings, etc.. These documents may not be made accessible to third parties unless we give the customer our express written consent.

16 Prices and terms of payment

  1. The prices are for delivery ex warehouse Pinneberg, unless expressly agreed otherwise. The prices listed in our offers and price lists are gross prices (already including VAT), but excluding shipping costs, which are shown separately. All postage, freight and packaging costs incurred by us for the order shall be borne by the client / customer.
  2. Complaints about the calculations can only be recognised if they are made in writing, at least in text form in accordance with § 127 BGB, within 14 days of delivery of the calculation at the latest. Payment shall be made concurrently with delivery of the goods upon receipt of the invoice.
  3. We reserve the right to demand advance payment of 100% of the total invoice from customers unknown to us (new customers).
  4. Cash discounts are not permitted unless they have been expressly agreed with us.
  5. Any other method of payment must be expressly agreed in advance. If the customer is in default of payment, we shall be entitled to charge interest on arrears at a rate of 5 percentage points above the respective base rate (Section 288 (2) BGB).

17. offsetting / rights of retention

  1. The client may not offset any claims other than those that are undisputed or have been recognised by declaratory judgement (prohibition of offsetting).
  2. The client shall only be authorised to exercise a right of retention (pursuant to Section 273 BGB) insofar as its counterclaim is based on the same contractual relationship.

18. deliveries

  1. Deliveries and services shall always be ex warehouse Pinneberg (registered office of Cart Care GmbH), unless otherwise expressly agreed between the parties.
  2. If the client wishes the goods to be shipped to another location, this shall be at the client's expense and risk.
  3. Delivery deadlines are only binding if they have been declared binding by us in writing. This shall not be deemed to be the case if a delivery date is stated on the order confirmation.
  4. We are exempt from adhering to a delivery deadline in the event of force majeure, strikes, operational disruptions, transport disruptions and other disruptions and delays that are not our fault. This shall not give rise to any claims for damages or rights of cancellation on the part of the purchaser, unless the delay in delivery is caused by us intentionally or negligently.
  5. In the event of a delay in delivery not caused by us intentionally or through gross negligence, we shall be liable for each completed week of delay within the scope of a lump-sum compensation for delay in the amount of 3% of the delivery value, but not more than 15% of the delivery value.
  6. Further statutory claims and rights of the customer due to a delay in delivery remain unaffected.
  7. If the purchaser / customer is in default of acceptance or culpably violates other obligations to co-operate, we shall be entitled to demand compensation for the damage incurred by us in this respect, including any additional expenses. We reserve the right to assert further claims. If the above conditions are met, the risk of accidental loss or accidental deterioration of the purchased item shall pass to the customer at the point in time at which the customer is in default of acceptance or debtor's delay.

19. transfer of risk

If the goods are shipped to a place other than the place of fulfilment at the request of the customer, the risk of accidental loss or accidental deterioration of the goods shall pass to the buyer as soon as the seller has delivered the goods to the forwarding agent, the carrier or the person or institution otherwise appointed to carry out the shipment. Sentence 1 shall not apply if the Purchaser has not itself commissioned the forwarding agent, the carrier or the person or organisation otherwise commissioned to carry out the shipment or Cart Care has not previously named this person or organisation to the Purchaser / Client.

20 Retention of title

  1. We reserve title to the delivered goods until all claims arising from the delivery contract have been paid in full. This shall also apply to all future deliveries, even if we do not always expressly refer to this. We are entitled to take back the object of purchase if the client acts in breach of contract.
  2. The customer is obliged to treat the purchased item with care as long as ownership has not yet been transferred to him. In particular, he is obliged to insure it adequately at his own expense against theft, fire and water damage at replacement value. The aforementioned regulation does not apply to the ordering and delivery of used items (e.g. carts). If maintenance and inspection work has to be carried out, the client must carry this out in good time at his own expense. As long as ownership has not yet been transferred, the client must inform us immediately in writing if the delivered item is seized or exposed to other interventions by third parties. If the third party is not in a position to reimburse us for the judicial and extrajudicial costs of an action pursuant to § 771 ZPO, the customer shall be liable for the loss incurred by us.
  3. The client is not authorised to resell the reserved goods.

21 Warranty / Complaints / Guarantee

  1. The warranty rights of the client / customer shall be governed by the statutory provisions, unless otherwise stipulated below. Section 22 shall apply to claims for damages by the ordering party against Cart Care.
  2. The limitation period for warranty claims of the customer / client is 2 years for newly manufactured items and 1 year for used items (e.g. used carts). The shortening of the limitation periods shall not apply to claims for damages by the purchaser / customer due to injury to life, limb or health or to claims for damages due to a breach of material contractual obligations. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract. For example, Cart Care must hand over the item to the purchaser / client free of material defects or defects of title and also procure ownership of it. The above shortening of the limitation periods shall also not apply to claims for damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents.
  3. Claims for defects do not exist in the case of only insignificant deviation from the agreed quality, in the case of only insignificant impairment of usability, in the case of natural wear and tear, or in the case of damage arising after the transfer of risk as a result of incorrect or negligent handling, excessive use, unsuitable equipment or due to special external influences which are not provided for in the contract. If improper repair work or modifications are carried out by the client or third parties, no claims for defects shall exist for these and the resulting consequences.
  4. Claims by the customer for expenses incurred for the purpose of subsequent performance, in particular transport, travel, labour and material costs, are excluded if the expenses increase because the goods delivered by us have subsequently been moved to a location other than the customer's registered office, unless the transfer corresponds to their intended use.
  5. The warranty does not apply to consumable parts such as batteries, unless there is a material or manufacturing defect.
  6. Cart Care does not provide any warranty to the purchaser / client.

22. limitation of liability

  1. Notwithstanding the above provisions (Section 21) and the following limitations of liability, we shall be liable without limitation for damage to life, limb and health resulting from a negligent or intentional breach of duty by our legal representatives or our vicarious agents, as well as for damage covered by liability under the Product Liability Act, and for all damage resulting from intentional or grossly negligent breaches of contract and fraudulent intent on the part of our legal representatives or our vicarious agents. Insofar as we have given a guarantee of quality and/or durability with regard to the goods or parts thereof, we shall also be liable within the scope of this guarantee. However, we shall only be liable for damages that are based on the absence of the guaranteed quality or durability but do not occur directly on the goods if the risk of such damage is clearly covered by the quality and durability guarantee.
  2. We shall also be liable for damage caused by simple negligence insofar as this negligence concerns the breach of such contractual obligations, the fulfilment of which is of particular importance for the achievement of the purpose of the contract (cardinal obligations). However, we shall only be liable if the damage is typically associated with the contract and is foreseeable. Otherwise, we shall not be liable for simple negligent breaches of secondary obligations that are not essential to the contract. The limitations of liability contained in sentences 1 - 3 shall also apply insofar as the liability for the legal representatives, executive employees and other vicarious agents is concerned.
  3. Any further liability is excluded regardless of the legal nature of the claim asserted. Insofar as our liability is excluded or limited, this shall also apply to the personal liability of our employees, workers, staff, representatives and vicarious agents.

23 Right of cancellation

Cancellation policy

You have the right to cancel 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, have taken possession of the goods. If you have ordered several goods together and these are delivered separately, the cancellation period of fourteen days applies from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last goods.

To exercise your right of cancellation, you must inform us

Cart Care Company GmbH
Appener Street 21
25482 Appen
Appen, Germany
Phone: +49 4101 8099070
Fax: +49 4101 3748405
E-Mail: info(at)cartcare.de

by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to cancel this contract. You can use the attached sample cancellation form, but this is not mandatory.

To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.

Consequences of cancellation

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. We may withhold reimbursement until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is the earliest.

You must return or hand over the goods to us at the above address(Cart Care Company GmbH, Appener Straße 2, 25482 Appen) immediately and in any case within fourteen days at the latest from the day on which you inform us of the cancellation of this contract. The deadline is met if you dispatch the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods. The costs are estimated at a maximum of around €400 (for carts within Germany). You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.

Sample cancellation form

(If you wish to cancel the contract, please complete and return this form).

To Cart Care Company GmbH
Appener Straße 21
25482 Appen
Germany
Tel.: +49 4101 80 99 070
Fax: +49 4101 3748405
E-Mail : info(at)cartcare.de

 

I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

Ordered on (*)/received on (*)

Name of the consumer(s)

Address of the consumer(s)

Signature of the consumer(s) (only for notification on paper)

Date

(*) Delete as appropriate.

24 Other, applicable law

  1. This contract and the entire legal relationship between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
  2. Should individual provisions of this contract be or become invalid or contain loopholes, the remaining provisions shall remain unaffected.