GENERAL TERMS AND CONDITIONS
I. General Terms and Conditions
§ 1 Basic provisions
(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (Carpoint GmbH) via the
https://shop.carpoint-nrw.de/ website. Unless otherwise agreed, the inclusion of any
own terms and conditions used by you is contradicted.
(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that
cannot be predominantly attributed to their commercial or independent professional activity. An entrepreneur is any
natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in exercise of his or her
independent professional or commercial activity.
§ Section 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods and/or the provision of installation services.
(2) By placing the respective product on our website, we submit a binding offer to you to conclude a contract via the online shopping cart system at
under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the “shopping cart”. You can call up the “shopping cart” via the corresponding button in the navigation bar
and make changes there at any time.
After clicking on “Checkout” or “Continue to order” (or similar) and entering the personal
data as well as the payment and shipping conditions, the order data will be displayed as an order overview.
If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as a payment method, you will either be redirected to the order overview page in our online store at
or to the website of the provider of the instant payment system
.
If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there.
Finally, on the website of the provider of the instant payment system or after you have been redirected back to our online store
, the order data will be displayed as an order overview.
Before submitting the order, you have the option of checking the details in the order overview again, changing them (also
via the “back” function of the Internet browser) or canceling the order.
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 legally binding acceptance of the
offer, whereby the contract is concluded.
(4) Your requests for the preparation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g. by e-mail) to
, which you can accept within 5 days (unless another period is specified in the respective offer)
.
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract takes place
by e-mail, partly automated. You must therefore ensure that the e-mail address you have provided to us is correct,
the receipt of e-mails is technically ensured and, in particular, is not prevented by SPAM filters.
§ 3 Performance of assembly services
(1) Insofar as assembly services are the subject matter of the contract, we owe the assembly work resulting from the service description
. We shall perform this work to the best of our knowledge and belief, either personally or through third parties.
(2) The service shall be provided on the agreed dates.
(3) You are obliged to cooperate. In particular, you must provide
with the opportunity to enter the premises in an accessible and reasonably safe condition at the time of performance of the installation services. Furthermore, you are obliged to provide
us with electrical energy and, if necessary, water. We are entitled to terminate the part of the contract concerning
the provision of installation services in accordance with § 643 BGB if you do not fulfill your obligations to cooperate. For this purpose
we shall set you a reasonable period of time during which you can make up for the necessary cooperation.
(4) If you make use of your right of termination in accordance with § 648 S. 1 BGB, we may demand 10% of the agreed
remuneration as a lump sum if performance has not yet begun. However, this only applies if the statutory right of revocation exists,
if you only exercise your right of termination after the expiry of the revocation period. You reserve the right to prove that
we have actually incurred no or significantly lower costs.
§ 4 Right of retention, retention of title
(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.
(2) The goods shall remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following shall apply in addition:
a) We reserve title to the goods until all claims arising from the current business relationship
have been settled in full. Prior to the transfer of ownership of the reserved goods, pledging or transfer by way of security is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount
of the invoice amount that accrue to you from the resale; we accept the assignment. You are further authorized to
collect the claim. However, if you do not properly meet your payment obligations, we reserve the right
to collect the claim ourselves.
c) If the reserved goods are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value
of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our
securities exceeds the claim to be secured by more than 10%. We shall be responsible for selecting the securities to be released.
§ 5 Warranty
(1) The statutory warranty rights apply.
(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and
transport damage and to notify us and the carrier of any complaints as soon as possible. If you do not comply with this,
this has no effect on your statutory warranty claims.
(3) Insofar as a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed 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) If you are an entrepreneur, the following shall apply in deviation from the above warranty provisions:
a) Only our own information and the manufacturer’s product description shall be deemed agreed as the quality of the goods, but not
other advertising, public promotions and statements by the manufacturer.
b) In the event of defects, we shall provide warranty at our discretion by rectification or subsequent delivery. If the rectification of defects fails,
you may, at your discretion, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after a second unsuccessful attempt
unless the nature of the goods or the defect or other circumstances indicate otherwise
. In the event of rectification of defects, we shall not be obliged to bear the increased costs arising from the transfer of the goods to a
place other than the place of performance, unless the transfer corresponds to the intended use of the goods.
c) The warranty period shall be one year from delivery of the goods. The shortening of the period shall not apply:
– for culpably caused damage attributable to us arising from injury to life, limb or health and for
other damage caused intentionally or through gross negligence;
– insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
– for items that have been used for a building in accordance with their normal use and have caused its defectiveness
;
– for statutory recourse claims that you have against us in connection with warranty rights.
§ 6 Choice of law, place of performance, place of jurisdiction
(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law
of the state of the consumer’s habitual residence is not thereby withdrawn (principle of favorability).
(2) The place of performance for all services arising from the business relationships existing with us and the place of jurisdiction shall be our registered office, insofar as you
are not a consumer, but a merchant, a legal entity under public law or a special fund under public law
. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual
abode is not known at the time the action is brought. This does not affect the right to bring an action before a court at another legal
place of jurisdiction.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
II Customer information
1. identity of the seller
Carpoint GmbH
Weserstraße 3
47506 Neukirchen-Vluyn
Germany
Phone: 02845 9846735
Email: [email protected]
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at
https://ec.europa.eu/odr.
We are not prepared to participate in dispute resolution proceedings before consumer arbitration bodies.
2. information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the
regulations “Conclusion of the contract” of our General Terms and Conditions (Part I.).
3. contract language, contract text storage
3.1. contract language is German .
3.2. the complete contract text is not stored by us. Before sending the order via the online shopping cart system
, the contract data can be printed out or electronically saved using the browser’s print function. After receipt of the
order by us, the order data, the legally required information for distance selling contracts and the general
terms and conditions will be sent to you again by e-mail.
3.3. For offer requests outside the online shopping cart system, you will receive all contract data as part of a binding
offer in text form, e.g. by e-mail, which you can print out or save electronically.
4. essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
5 Prices and payment methods
5.1 The prices and shipping costs stated in the respective offers represent total prices. They include all
price components including all applicable taxes.
5.2 The shipping costs incurred are not included in the purchase price. They can be called up via a correspondingly labeled button on
our website or in the respective offer, are shown separately during the ordering process and are to be borne by
you in addition, unless free shipping has been promised.
5.3. the payment methods available to you are shown under a correspondingly labeled button on our
website or in the respective offer.
5.4. unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately
.
6. terms of delivery
6.1. the terms of delivery, the delivery date and any existing delivery restrictions can be found under a button labeled
on our website or in the respective offer.
6.2. if you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the
sold item during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment
is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur
or another person designated to carry out the shipment.
If you are an entrepreneur, delivery and shipment are at your risk.
7. statutory liability for defects
Liability for defects is governed by the “Warranty” provision in our General Terms and Conditions (Part I).
8. termination
8.1 Information on the termination of the contract as well as the termination conditions can be found in the regulations on “Installation Services”
in our General Terms and Conditions (Part I), as well as in the respective offer.
These GTC and customer information were created by the lawyers of the Händlerbund who specialize in IT law and are constantly checked
for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of
warnings. You can find more information on this at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agbservice.
Status 01.07.2023