§ 1 SCOPE OF APPLICATION
(1) These General Terms and Conditions of Sale (hereinafter referred to as "T&C") shall apply between us (Bean Industries Limited) and you as our customer for any and all offers, purchase agreements, deliveries, and services as a result of orders you placed in our online shop www.carreranorthamerica.com (hereinafter referred to as "Online Shop"); the T&C shall apply in the version that is valid and applicable at the point in time when the order is being placed.
(2) The product range offered in our Online Shop is targeted at both consumers and entrepreneurs. However, it is targeted exclusively at end buyers. Within the meaning of these T&C, (i) a “consumer” shall mean a natural person who enters into the contract for purposes that cannot be attributed to their commercial or self-employed trade, business, or professional activities (Section 13 BGB [Bürgerliches Gesetzbuch, German Civil Code]), and (ii) an “entrepreneur” shall mean a natural or legal person or a partnership vested with legal capacity who or which, when entering into the contract, acts in exercise or their commercial or self-employed trade, business, or professional activities (Section 14 BGB [Bürgerliches Gesetzbuch, German Civil Code]).
(3) Terms and conditions of the customer shall not be applicable, even if we do not reject them explicitly and/or specifically in any individual cases.
§ 2 CONTRACTUAL BASIS AND CONCLUSION OF THE CONTRACT
(1) The fact that we present and market our products and offer the possibility to order them in our Online Shop does not constitute a binding offer on our part. The order which is being placed by you constitutes an offer to us to enter into a purchase agreement. When you place an order with us, we will send you an e-mail confirming receipt of your order and containing the details of your order to the e-mail address provided by you (Order Confirmation). The Order Confirmation is merely an acknowledgement that we have received your order and does not constitute an acceptance of your offer. The offer is only accepted when we confirm the offer to you (by e-mail), or when we dispatch the goods without any previous explicit declaration of acceptance.
(2) The Customer Service is offered by our service partner SVS Service.
§ 3 RIGHT OF REVOCATION
(1) If you are a consumer (see § 1 (2) (i)) you are entitled to a right of revocation in accordance with statutory law.
(2) If you are asserting your right of revocation pursuant to Subsection (1), you have to bear the immediate costs for the return.
(3) In all other respects, the provisions which are contained in detail in the following revocation notification shall apply with respect to the right of revocation:
Right of revocation
You have the right to revoke this contract within fourteen days without giving any reasons. The revocation period is fourteen days from the day on which you or a third party other than the carrier and indicated by you acquire(s) the material possession of the goods.
In order to exercise your right of revocation, you are obliged to notify us (Bean Industries Limited, c/o Kühne & Nagel (AG & Co.) KG, Tor1/Warenrücknahme, Alfred-Kühne-Straße 1, 85416 Langenbach; e-mail: firstname.lastname@example.org) of your decision to revoke this contract by means of an express and unambiguous declaration to this effect (e.g. by a letter sent by post or e-mail).
You may also use the model revocation form for this purpose; however, you are not obliged to do so. Dispatching the notification of exercise of the right of revocation before expiry of the revocation period shall be deemed to be sufficient for compliance with the revocation period time limit.
Consequences of the revocation
If you revoke this contract, we shall reimburse you for all payments that we have received from you, including the costs of delivery (with the exception of any additional costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), immediately and not later than within fourteen days from the date on which we have received your notification of revocation of this contract. For this reimbursement, we shall use the same means of payment that you have used for the original transaction, unless we have explicitly agreed otherwise with you; in any case, you will not be charged any fees in connection with this reimbursement. We may refuse the reimbursement until we have received the returned goods or until you have provided evidence that you have sent the goods back, whichever is earlier.
You are obliged to return or hand over the goods immediately and in any case within fourteen days from the date on which you inform us about the revocation of this contract, to Bean Industries Limited, c/o Kühne & Nagel (AG & Co.) KG, Tor1/Warenrücknahme, Alfred-Kühne-Straße 1, 85416 Langenbach. This period shall be deemed to be complied with if you dispatch the goods prior to the expiry of the period of fourteen days. The immediate costs of returning the goods shall be borne by you. You shall only be liable to pay for any diminished value of the goods if such diminished value results from any handling other than what is necessary to ascertain the nature, features, and functioning of the goods.
Notification regarding exceptions from the right of revocation
There is no right of revocation with respect to distance contracts
- for the delivery of non-prefabricated goods that are made on the basis of an individual choice of or decision by the consumer or which are clearly personalised to match the consumer’s needs,
- for the delivery of sealed goods which are not suitable for return due to health protection or hygiene reasons in the event that they were unsealed after delivery,
- for the delivery of goods which are, after delivery, according to their nature, inseparably mixed with other items.
§ 4 TERMS OF DELIVERY AND RESERVATION OF THE RIGHT TO ADVANCE PAYMENT
(1) We deliver our products exclusively to shipping addresses in Germany. Spare parts are also shipped to countries listed under shipping costs.
(2) The delivery shall be effected to the German delivery address provided by you, unless otherwise agreed upon.
(3) To the extent to which this can be deemed acceptable for you, we shall be entitled to make partial deliveries.
(4) We specify the delivery times for specific products in our online shop. The term starts on the date of the order confirmation. Delivery of spare parts to the countries listed under shipping costs will take at most seven work days counting from the order confirmation. The period of delivery shall begin – subject to the provision in Subsection (5) – upon the conclusion of the contract.
(5) When customers have their place of residence or place of business abroad, or when there are well-founded indications with respect to a risk of non-payment, we reserve the right to deliver only after we have received the payment of the purchase price plus the shipping costs (Reservation of the Right to Advance Payment). In the event that we do make use of the Reservation of the Right to Advance Payment, we shall inform you without undue delay. In this case, the period of delivery shall begin upon the payment of the purchase price and the shipping costs.
§ 5 PRICES AND SHIPPING COSTS
(1) Any and all prices listed in our Online Shop are final prices that include value-added tax. The amount due shall be the amount listed at the time a binding order is placed. In addition to this, shipping charges can be due. More information in detail can be found here: shipping costs. Furthermore, the price of the products you ordered, including value-added tax plus additional shipping charges, will be shown in the order form before you send your order.
(2) In the event that you effectively revoke your contract declaration pursuant to § 3, you may – in accordance with the requirements under statutory law – request reimbursement of the shipping costs which have already been paid with respect to the dispatch of the products to you (Dispatch Costs). The revocation’s further consequences are described in § 3 (3) and in the revocation notification.
§ 6 TERMS OF PAYMENT; DEFAULT OF PAYMENT
(1) You may pay the purchase price and the shipping costs at your own discretion in advance, by Sofortüberweisung, PayPal, or by credit card. Spare parts up to a price of $50.00 can also be purchased on account. In the event of a payment by PayPal or by credit card, your account will be debited when you personally actuate the transfer, or respectively when you submit your order. For spare parts up to a purchase price of $50.00, you may also pay upon receipt of the invoice when you have received the products, provided that you are domiciled in Germany.
(2) The purchase price and the shipping costs for purchases on account are due for payment not later than within 14 days from receipt of our invoice.
(3) If you are in default of payment, we shall be entitled to charge interest, beginning at that point in time, in the amount of 5% above the base interest rate of the European Central Bank as applicable from time to time. We retain the right to prove that greater damages have been incurred.
§ 7 SET-OFF; RIGHT OF RETENTION
(1) You are not entitled to set off any counterclaims against our claims, unless your claims are uncontested or have been established and become final and non-appealable. Moreover, you are also entitled to set off counterclaims against our claims if you are asserting notifications of defects or counterclaims resulting from one and the same contract of purchase.
(2) As buyer, you are only entitled to assert a right of retention if your counterclaim results from one and the same contract of purchase.
§ 8 RETENTION OF TITLE
(1) The delivered goods (reserved goods) remain our property until any and all claims arising from the contract of purchase have been paid in full.
§ 9 WARRANTY
(1) We assume liability for material defects or legal defects of the delivered goods pursuant to the statutory provisions, in particular, Section 434 et seqq. BGB [Bürgerliches Gesetzbuch, German Civil Code]. The limitation period as to statutory claims for defects amounts to two years, starting with the delivery of the goods. The warranty cases will be handled by our service partner SVS Service.
(2) Any manufacturer’s warranty possibly granted by us supplements the claims for material defects or legal defects within the meaning of Subsection (1). Details as to the scope of such manufacturer’s warranties can be derived from the warranty conditions that may possibly be included in the delivery of the goods.
§ 10 LIABILITY
(1) In accordance with the statutory provisions, we are liable to you for damages or reimbursement of futile expenses in all cases pertaining to contractual and non-contractual liability in the event of intent and gross negligence.
(2) As to any other cases, we are liable – unless otherwise provided for in Subsection (3) – only in the event of a breach of a contractual duty whose fulfilment is a prerequisite that enables the proper fulfilment of the contract in the first place, and on whose fulfilment you in your capacity as customer may ordinarily rely upon (this is called an essential contractual obligation), and this liability is limited to foreseeable damages that occur typically. In all other cases, our liability shall be excluded subject to the provision set forth in Subsection (3).
(3) Our liability for damages resulting from injury to life, body, or health, as well as pursuant to the Produkthaftungsgesetz [German Product Liability Act] shall remain unaffected by the limitations of liability and the exclusions of liability set forth above.
§ 11 COPYRIGHTS
We own the copyright to all images, films and texts that are published in our Online Shop. It is not permitted to use such images, films and texts without our express consent.
§ 12 APPLICABLE LAW
The laws of the Federal Republic of Germany shall apply, under exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). In the event that you have placed your order as a consumer and – at the point in time when you have placed your order – you have your place of residence in another country, the application of mandatory legal provisions of such country shall remain unaffected by the choice of law designated in Sentence 1.
§ 13 PLACE OF JURISDICTION AS TO MERCHANTS
In the case that our customer is a merchant [“Kaufmann”], a legal person under public law, or a special fund under public law and – at the point in time when the order is placed – is domiciled in Germany, the courts of our place of business (New York) shall have exclusive jurisdiction.
INFORMATION ABOUT ONLINE-DISPUTE RESOLTUION
The EU-Commission established an online-platform in order to settle disputes.
This platform can be found via the following link:
We, Bean Industries Limited, are required to participate in the dispute resolution.
The responsible consumer arbitration service is:
Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e.V.
Straßburger Str. 8
Last revised: July 2019