Ts&Cs

Ts&Cs

Terms and conditions (Ts&Cs) for orders on www.carrybottles.com

1. Scope

For all orders via our online shop by consumers and companies, the following terms and conditions apply. A consumer is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity. Entrepreneur is a natural or legal person or a partnership with legal capacity which acts in the exercise of its commercial or independent professional activity when concluding a legal transaction. In relation to companies, these Ts&Cs shall also apply to future business relations without our having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly agreed to them.

2. Contract partner

The purchase contract is concluded with the:
Carry Products GmbH
SPACE M, Motzstraße 5
10777 Berlin
Commercial Register: Local Court Charlottenburg, HRB 209490B

3. Contract of conclusion

The presentation of the products in the online shop is not a legally binding offer, but a non-binding online catalogue. You can initially place our products in the shopping basket without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the order process. By clicking on the order button, you submit a binding offer for the goods contained in the shopping basket. We confirm the receipt of your order immediately after sending the order by an automated confirmation of receipt by e-mail. This confirmation of receipt does not constitute an acceptance of your offer. The acceptance takes place within 2 days either by dispatch of a separate declaration of acceptance by e-mail or by delivery of the goods. Depending on the method of payment chosen, a contract may also be concluded as follows:
Paypal Plus
As part of the PayPal Plus payment service, we offer you various payment methods as PayPal services. After placing the order you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment order to PayPal. This will conclude the contract with us.
The contract language is German.
We save the contract text and send you the order data and our terms and conditions by e-mail. You can view the general terms and conditions here at any time. You can view your past orders in your customer account.

4. Personal design, color representation, granting of rights of use, release from liability

With us you have the possibility to design goods individually with your own design, samples, pictures and texts ("designs"). During the ordering process you will be asked to upload an image file or enter the corresponding text. Your designs uploaded in this way are available in your customer account for further orders.
By uploading your own designs, you ensure that the designs are free from third-party rights such as copyrights, personal rights, name rights or trademark rights. You will therefore indemnify us from all claims and demands which third parties assert against us due to the infringement of the aforementioned rights for which you are responsible.
By uploading your designs, you transfer to us a royalty-free right to use your designs for an unlimited period of time. The right of use includes the right to reproduce, distribute and make publicly available the goods provided with your designs for your own advertising purposes.
With us, you have the opportunity to design goods individually with your own motifs, samples, images and texts ("designs"). During the ordering process you will be asked to upload an image file or enter the corresponding text. Your designs uploaded in this way are available in your customer account for further orders.
By uploading your own designs, you ensure that the designs are free from third-party rights such as copyrights, personal rights, name rights or trademark rights. You will therefore indemnify us from all claims and demands which third parties assert against us due to the infringement of the aforementioned rights for which you are responsible.
By uploading your designs, you transfer to us a royalty-free right to use your designs for an unlimited period of time. The right of use includes the right to reproduce, distribute and make publicly available the goods provided with your designs for your own advertising purposes.

5. Terms of delivery 

In addition to the indicated product prices there are shipping costs. You can find out more about the shipping costs in the offers. We deliver only in the dispatch way. A self-collection of the product is unfortunately not possible. We do not deliver to packing stations.

6. Payment

The following payment methods are available in our shop:
Prepayment
If you choose the payment method prepayment, we will give you our bank details in the order confirmation and deliver the goods after receipt of payment.
Credit card
Your credit card will be charged at the time we accept your order.
Paypal Plus
As part of the PayPal Plus payment service, we offer you various payment methods as PayPal services. You will be redirected to the website of the online provider PayPal. There you can enter your payment details, confirm the use of your details by PayPal and the payment order to PayPal. You will receive further information during the ordering process.
If you have chosen the payment method PayPal, you must be registered there to pay the invoice amount, or you must first register and legitimize with your access data. The payment transaction is carried out automatically by PayPal immediately after confirmation of the payment order.
If you have chosen the credit card payment method, you do not need to be registered with PayPal to pay the invoice amount. The payment transaction will be processed by your credit card company at PayPal's request immediately after confirmation of the payment order and your legitimation as a legitimate cardholder and your card will be debited.
If you have chosen the direct debit payment method, you do not need to be registered with PayPal to pay the invoice amount. By confirming the payment order, you give PayPal a direct debit mandate. PayPal will inform you about the date of the debit (so-called prenotification). By submitting the direct debit mandate immediately after confirming the payment order, PayPal asks its bank to initiate the payment transaction. The payment transaction will be executed and your account will be debited.

7. Right to cancellation

Consumers are entitled to the statutory right of revocation as described in the revocation instructions. Entrepreneurs are not granted a voluntary right of revocation.
Cancellation policy
Consumers have a fortnightly right of withdrawal.
Right of withdrawal
You have the right to revoke this contract within fourteen days without giving reasons.
The revocation period shall be fourteen days from the day on which you or a third party named by you who is not the carrier have taken or have taken possession of the last goods.
In order to exercise your right of withdrawal, you must inform us (Carry Products GmbH, Motzstraße 5, 10777 Berlin, hallo@carrybottles.com, telephone: 05533 4086 7115, fax: 05533 4086 717) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter, fax or e-mail sent by post). You may use the attached model withdrawal form, which is not mandatory.
In order to comply with the revocation period, it is sufficient for you to send the notification of exercising the right of revocation before the expiry of the revocation period.
Consequences of the revocation
If you revoke this Agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we received notice of your revocation of this Agreement for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us). We will use the same means of payment used by you in the original transaction for such refund, unless expressly agreed otherwise with you and in no event will you be charged for such refund. We may refuse to refund until we have received the Goods back or until you have provided evidence that you have returned the Goods, whichever is earlier.
You shall return or deliver the Goods to us immediately and in any event no later than fourteen days from the date on which you notify us of the revocation of this Contract. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods. You shall only be liable for any loss in value of the goods if such loss in value is due to handling of the goods that is not necessary for testing their condition, properties and functionality.
The right of revocation does not apply to the following contracts: Contracts for the supply of goods which are not prefabricated and for the manufacture of which an individual choice or destination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
Model withdrawal form
(If you want to cancel the contract, please fill out this form and send it back.)
- To Carry Products GmbH, Motzstraße 5, 10777 Berlin, hallo@carrybottles.com, Phone: 05533 4086 7115, Fax: 05533 4086 7117
- I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following services (*)
- Ordered on (*)/received on (*)
- Name(s) of consumer(s)
- Address of consumer(s)
- Signature of consumer(s) (only for paper communication)
- date
(*) Delete as appropriate.

8. Deviations

Carry Products GmbH reserves the right to slight deviations from the descriptions, representations and information in electronic documents, flyers, catalogues or other written documents with regard to colour, dimensions, weight, design and other similar features in the case of companies if these can be regarded as reasonable for the customer. By reasonable Carry Products GmbH understands commercial fluctuations due to technical production processes, such as: smaller air bubbles in the glass (<3mm), smaller printing errors, deviations at the seam in the glass (<5mm).
The colour values and design references given in the order confirmation apply to custom-made products. Custom-made products are generally excluded from exchange and cannot be returned. However, companies are given the opportunity in advance to get an impression of the product, e.g. a sample product as a design reference, a visit to the printing facilities at the start of production.

9. Retention of title 

The goods remain our property until full payment has been made.
For entrepreneurs, the following also applies: We reserve title to the goods until full payment of all claims arising from an ongoing business relationship. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the reserved goods with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorised to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations.
The goods remain our property until full payment has been made.
For entrepreneurs, the following also applies: We reserve title to the goods until full payment of all claims arising from an ongoing business relationship. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the reserved goods with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorised to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations.

10. Transport damages

For consumers applies: If goods with obvious transport damages are delivered, then you complain such errors please as soon as possible with the deliverer and take up please immediately contact to us. The failure of a complaint or contact has no consequences for your legal claims and their enforcement, especially your warranty rights. However, you help us to be able to assert our own claims against the carrier or transport insurance.
The following applies to companies, B2B: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. Among merchants, the obligation to examine and give notice of defects regulated in § 377 HGB (German Commercial Code) shall apply. If you omit the notification regulated there, the goods shall be deemed to have been approved, unless the defect was not identifiable during the inspection. This shall not apply if we have fraudulently concealed a defect.
The following applies to consumers: If goods with obvious transport damage are delivered, please complain such defects to the deliverer as soon as possible and contact us immediately. The omission of a complaint or establishment of contact has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, you help us to be able to assert our own claims against the carrier or transport insurance.

11. Guarantee and waranties

Unless expressly agreed otherwise below, the statutory liability for defects shall apply.
For consumers, the limitation period for warranty claims for used goods is one year from delivery of the goods.
For entrepreneurs, the limitation period for warranty claims is one year from the transfer of risk; the statutory limitation periods for the right of recourse according to § 478 BGB remain unaffected.
With regard to entrepreneurs, only our own details and the manufacturer's product descriptions included in the contract shall be deemed to be the agreement on the quality of the goods; we assume no liability for public statements made by the manufacturer or other advertising statements.
If the delivered item is defective, we shall initially provide warranty to entrepreneurs at our discretion by remedying the defect (subsequent improvement) or by supplying a defect-free item (replacement delivery).
The above restrictions and shortening of deadlines do not apply to claims based on damage caused by us, our legal representatives or vicarious agents.
- in the event of injury to life, limb or health
- in case of intentional or grossly negligent breach of duty and fraudulent intent
- in the event of breach of material contractual obligations, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
- within the framework of a guarantee promise, if agreed
- to the extent that the scope of application of the Product Liability Act has been opened up.
Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the shop.

12. Liability

For claims due to damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation.
- in the event of injury to life, limb or health
- in case of intentional or grossly negligent breach of duty
- in the case of guarantee promises, if agreed
- to the extent that the scope of application of the Product Liability Act has been opened up.
In the event of a breach of material contractual obligations, the performance of which is essential for the proper performance of the contract and on the compliance with which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.

13. Online settlement of disputes

The European Commission provides a platform for online dispute resolution (ODR Platform), which can be found at http://ec.europa.eu/consumers/odr/ .

14. Final provisions

If you are a company, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you shall be Berlin.

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