General Terms and Conditions (GTC)
General Terms and Conditions (GTC)
for all sales contracts which are concluded between passions drive distribution GmbH, Leonberger Str. 91, 71292 Friolzheim (hereinafter called “car.tima”) and the customer of car.tima (hereinafter called “customer”).
§1 Scope, Definitions
(1) The business relationship between car.tima and the customer shall be governed exclusively by the general terms and conditions stated herein according to the valid version at the time of placing the order. Differing conditions of the customer will not be recognized, with the exception of where car.tima has expressly agreed to these in writing.
(2) The customer is deemed a consumer as long as the purpose of the ordered goods and services cannot be linked to a commercial activity or to an activity of an independent professional activity. In contrast, each natural person or legal entity or incorporated partnership exercising commercial or independent professional activities when concluding this contract, shall be considered entrepreneur.
§2 Conclusion of a contract
(1) The offers of the products on the website and in the stores or in prospectuses, flyers and other publications by car.tima shall be without obligation and must only be regarded as an invitation to the customer to place an order.
(2) At www.cartima-modelcars.de the customer can select items online from the product range and collect them in a virtual shopping basket. By clicking on the button “Buy Now” the customer makes a binding request to purchase the items contained in the shopping basket. However, the request may only be made and sent if the customer has accepted explicitly the GTC of car.tima, thereby including them in his/her order.
(3) A purchasing contract using means of telecommunications shall be deemed to have been concluded when car.tima sends the customer an order confirmation per email or per post thereby accepting the request of the customer.
§3 Delivery, Availability of Goods
(1) If the product ordered by the customer is not available at car.tima and not available for the foreseeable future and for reasons which car.tima cannot be blamed for, car.tima will immediately inform the customer of these circumstances. If the delivery is delayed for more than two weeks, the customer has the right to withdraw from the contract. In this case car.tima is also entitled to withdraw from the contract. car.tima will refund immediately to the customer any payments already made.
§4 Reservation of Ownership
The goods shall remain property of car.tima until full payment of the purchase price.
§5 Material Defect Warranty, Guarantee
(1) car.tima shall be liable in accordance with the respectively applicable statutory provisions, in particular §§ 434 ff of the German civil law code (BGB). With respect to businesses the warranty period for goods delivered by car.tima is 12 months.
(2) A guarantee exists with the items delivered by car.tima only if indicated explicitly in the order confirmation for the respective item.
§6 Liability
(1) Claims of the customer for reimbursement of damages are excluded. Not exempt are customer’s claims for injury of life, body and health and the violation of major contractual duties (cardinal obligations) as well as the liability for other damages based on intentional or grossly negligent breaches of duty committed by car.tima, its legal representatives or vicarious agents. Essential contractual commitments are those which enable the fulfillment of the orderly performance of the contract.
(2) car.tima is liable for a violation of an essential contractual obligation only in the event of contractually typical, foreseeable loss or damage if the infringement was due to ordinary negligence, unless the claims for damages of the customer are attributable to loss of life, physical injury or detrimental effects on health.
(3) The restrictions of paragraphs (1) and (2) apply in favor of the legal representatives and vicarious agents of car.tima if claims are lodged directly against these.
(4) The provisions of the product liability law shall remain unaffected.
§7 Consumer’s right to cancel the contract and consequences of revocation
(1) If the customer is a consumer who concluded a contract with car.tima by exclusive use of long-distance communication media such as telephone, email or fax or the car.tima website, the consumer shall be entitled to revoke his or her declaration of intent within two weeks in writing (e.g. letter, fax, email) without stating reasons or – if the item is received by him/her before this period has expired – by returning the item. The period of time starts with receipt of a written notice of cancellation, but not before the item has reached the recipient (in case of repeated deliveries of similar items, not prior the first part-delivery). The timely dispatch of the notice of cancelation or the item shall be deemed sufficient for compliance with the cancelation term.
The notice of cancelation must be addressed to:
car.tima GmbH
Leonberger Str. 91
71292 Friolzheim, Germany
(2) In the event of a valid cancelation, the payments or items received by both parties are to be restored and, if necessary, any profit drawn (e.g. interest) surrendered. If the customer is either wholly or partly unable to restore the goods received to car.tima or can restore them only in an impaired condition, the customer shall have to pay to car.tima compensation for the value accordingly. This shall not apply if the impairment of the items is due exclusively to the examination of the items, as would have been possible for you in a store, for example. Has the item been damaged through conventional usage, the customer does not have to pay compensation.
(3) Items that can be sent as a package must be returned at the expense and the risk of car.tima. Notwithstanding the above, the customer pays the regular costs of returning the item if the gross retail price of the item to be returned does not exceed 40.00 EUR or if the price is higher than 40.00 EUR but the customer has not paid the full price or a part payment at the time of the cancelation. This does not apply if the supplied item was not the item ordered. Items that cannot be sent by post will be picked up directly from the customer.
(4) Commitments for refunding payments have to be fulfilled within 14 days. For the customer, this period begins with the date of posting the notice of cancelation or of the date of dispatching the returned item, for car.tima upon its receipt.
(5) The cancelation right does not exist with contracts for the delivery of items which are made according to customer specification or are clearly tailored to individual needs.
§8 Information on Data Handling
(1) car.tima collects customer data necessary for the execution of the contract. In doing so car.tima adheres to the rules of the German Data Protection Act and the German Teleservices Data Protection Act. Without the customer’s consent, car.tima shall only collect, handle or use the customer’s inventory or usage data insofar as these are needed to fulfill the contractual relationship and for the use and invoicing of teleservices.
§9 Final Provision
(1) The laws of the Federal Republic of Germany shall apply to contracts between car.tima and the customer, excluding UN purchase law.
(2) If the customer is a merchant or a legal person under public law or a special fund under public law, the place of jurisdiction for all disputes arising from the terms of the contract between the customer and car.tima will be the place where car.tima has its registered office.
(3) The contract remains binding with respect to its remaining parts even if individual points are legally ineffective.
Version: 1 January 2017