General terms and conditions of business

General Terms and Conditions (GTC) for orders via www.carrybottles.com

1. Scope

The following terms and conditions apply to all orders placed via our online shop by consumers and entrepreneurs.

A consumer is any natural person who concludes a legal transaction for purposes that cannot be attributed predominantly to their commercial or independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity. In relation to entrepreneurs, these terms and conditions also apply to future business relationships without us having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they will only become part of the contract if we have expressly agreed to this.

2. Contracting party

In case of conclusion of the contract, the contract is concluded with

Carry Products GmbH
Motzstrasse 5
10777 Berlin
Commercial Register: Charlottenburg District Court, HRB 209490B

come about

3. Conclusion of contract

3.1 The presentation of goods in our online shop does not constitute a legally binding contractual offer on our part, but is merely a non-binding invitation to the consumer to order goods. By ordering the desired goods, the consumer makes a binding offer to conclude a purchase contract.

3.2 When an order is received in our online shop, the following rules apply: The consumer submits a binding contractual offer by successfully completing the ordering process provided in our online shop.

The order is placed in the following steps:
1) Selection of the desired goods
2) Confirm by clicking the “Add to cart” button
3) Checking the information in the shopping cart
4) Press the button “Checkout”
5) Re-checking or correcting the data entered.
6) Binding submission of the order by clicking on the button “order with payment” or “buy”

Before bindingly submitting the order, the consumer can return to the website on which the customer's details are recorded by pressing the "Back" button in the Internet browser they are using after checking their details and correct any input errors or cancel the order process by closing the Internet browser. We will immediately confirm receipt of the order by sending an automatically generated email ("order confirmation"). This is our acceptance of your offer.

3.3 Storage of the contract text for orders via our online shop: We will send you the order data and our terms and conditions by email. You can also view the terms and conditions at any time at https://carrybottles.com/policies/terms-of-service. For security reasons, your order data is no longer accessible via the Internet.

PaypalPlus

As part of the PayPal Plus payment service, we offer you various payment methods as PayPal services. After placing your order, you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment instruction to PayPal. This concludes 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 email. You can view the terms and conditions here at any time. You can view your past orders in your customer account.

Klarna

In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment option: Sofortüberweisung. Payment is always made to Klarna. Your account is debited immediately after the order is placed. You can find more information and Klarna's terms of use here. You can find general information about Klarna here. Your personal data will be treated by Klarna in accordance with the applicable data protection regulations and in accordance with the information in Klarna's privacy policy.

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

We give you the opportunity to design goods individually with your own motifs, patterns, images and texts ("designs"). During the ordering process, you will be asked at the appropriate point to upload an image file or enter the corresponding text. Designs uploaded in this way will be available to you in your customer account for further orders. By uploading your own designs, you assure that the designs are free of third-party rights such as copyright, personality, name or trademark rights. You will therefore indemnify us against all demands and claims made against us by third parties due to the violation of the aforementioned rights for which you are responsible. By uploading your designs, you transfer to us a royalty-free, unlimited right of use of your designs. The right of use includes the right to reproduce, distribute and make publicly available the goods bearing your designs for your own advertising purposes. We give you the opportunity to design goods individually with your own motifs, patterns, images and texts ("designs"). During the ordering process, you will be asked to upload an image file or enter the relevant text at the appropriate point. Designs uploaded in this way will be available in your customer account for further orders. By uploading your own designs, you guarantee that the designs are free of third-party rights such as copyright, personality rights, name rights or trademark rights. You will therefore indemnify us against all claims and demands made by third parties against us due to the violation of the aforementioned rights for which you are responsible. By uploading your designs, you transfer to us a royalty-free, unlimited right to use your designs. The right of use includes the right to reproduce, distribute and make publicly available the goods bearing your designs for our own advertising purposes.

5. Delivery and shipping conditions

5.1 In addition to the stated product prices, shipping costs are also added. You can find out more about the shipping costs in the offers. We only deliver by post. Unfortunately, it is not possible to collect the goods yourself. We do not deliver to packing stations.

5.2 The delivery of goods takes place by shipping to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive.

5.3 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of delivery if the customer effectively exercises his right of cancellation. If the customer effectively exercises his right of cancellation, the provisions in the seller's cancellation policy apply to the return costs.

5.4 Vouchers are provided to the customer as follows:

by email

6. Prices and payment methods

6.1 Unless otherwise stated in the seller's product description, the prices stated are total prices that include statutory sales tax. Any additional delivery and shipping costs that may arise are stated separately in the respective product description.

6.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also arise in relation to the transfer of money if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

6.3 The payment option(s) will be communicated to the customer in the seller’s online shop.

6.4 When paying using a payment method offered by PayPal, payment processing is carried out via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal terms of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

6.5 If the payment method "SOFORT" is selected, payment processing will be carried out by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to pay the invoice amount via "SOFORT", the customer must have an online banking account activated for participation in "SOFORT", identify themselves accordingly during the payment process and confirm the payment instruction to "SOFORT". The payment transaction will be carried out immediately afterwards by "SOFORT" and the customer's bank account will be debited. The customer can find more information about the "SOFORT" payment method on the Internet at https://www.klarna.com/sofort/.

6.6 If you select a payment method offered via the payment service "Shopify Payments", the payment will be processed via the payment service provider Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland (hereinafter: "Shopify"). The individual payment methods offered via Shopify will be communicated to the customer in the seller's online shop. To process payments, Shopify may use other payment services for which special payment conditions may apply, to which the customer may be informed separately. Further information on "Shopify Payments" is available on the Internet at https://www.shopify.de/payments.

6.7 If you select a payment method offered via the "Klarna" payment service, payment processing will be carried out by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is always made to Klarna: Immediately: Your account will be debited immediately after you place your order.

7. Right of withdrawal

Consumers have the statutory right to cancel as described in the cancellation policy. Businesses are not granted a voluntary right of cancellation.

Cancellation policy
Consumers have a fourteen-day right of withdrawal.

Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.

The cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the last good.

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 statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample withdrawal form for this purpose, but this is not mandatory.

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

Consequences of revocation
If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choosing a different type of delivery than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period. You will bear the direct cost of returning the goods. You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.

The right of withdrawal does not apply to the following contracts: Contracts for the delivery of goods that are not prefabricated and for whose production an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.

Sample cancellation form
(If you want to cancel the contract, please fill out this form and send it back.)

– To Carry Products GmbH, Mastenweg 1, 37619 Hehlen, hallo@carrybottles.com, telephone: 05533 408 67 117
– I/we (*) hereby revoke 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 if notification is on paper)
- Date

(*) Delete as appropriate.

8. Deviations

For companies, Carry Products GmbH reserves the right to make slight deviations from the descriptions, representations and information in electronic documents, flyers, catalogs or other written documents with regard to color, dimensions, weight, design and other similar characteristics if these are considered reasonable for the customer. Carry Products GmbH defines reasonable as usual fluctuations due to technical production processes, such as: small air bubbles in the glass (<3mm), minor printing errors, deviations at the seam in the glass (<5mm). For custom-made products, the color values ​​and design references stated in the order confirmation apply. Custom-made products cannot be exchanged and cannot be returned. However, companies are given opportunities in advance to get an impression of the product, such as a sample product as a design reference, or a visit to the printing facilities at the start of production.

9. Information on the return and disposal of household and commercial packaging

Registration in Germany by Noventiz GmbH with the ZVSR or in the LUCID portal under the number DE5280652327616.
Registration in France with Citeo under the ADEME personalized ID FR276273_01MJSF.
In Austria, all household and commercial packaging of all tariff categories is exempted from the collection and recycling system Bonus Holsystem under the number P5660.

10. Retention of title

The goods remain our property until they have been paid in full. The following applies in addition to entrepreneurs: We retain title to the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from this resale - regardless of whether the reserved goods are combined or mixed with a new item - in the amount of the invoice, and we accept this assignment. You remain authorized 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 they have been paid in full. The following applies in addition to entrepreneurs: We retain title to the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from this resale - regardless of whether the reserved goods are combined or mixed with a new item - in the amount of the invoice, and we accept this assignment. You remain authorized to collect the claims, but we may also collect the claims ourselves if you fail to meet your payment obligations.

11. Transport damage

The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects to the deliverer as soon as possible and please contact us immediately. Failure to complain or contact us 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 freight carrier or transport insurance. The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the freight forwarder, the freight carrier or the person or institution otherwise designated to carry out the shipment. Among merchants, the obligation to inspect and give notice of defects regulated in Section 377 of the German Commercial Code applies. If you fail to give the notification regulated there, the goods are deemed to have been approved, unless the defect was not apparent during the inspection. This does not apply if we have fraudulently concealed a defect. The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects to the deliverer as soon as possible and please contact us immediately. Failure to complain or contact us 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 freight carrier or transport insurance. The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the freight forwarder, the freight carrier or the person or institution otherwise designated to carry out the shipment. Among merchants, the obligation to inspect and give notice of defects regulated in Section 377 of the German Commercial Code applies. If you fail to give the notification regulated there, the goods are deemed to have been approved, unless the defect was not apparent during the inspection. This does not apply if we have fraudulently concealed a defect.

12. Warranty and guarantees

Unless expressly agreed otherwise below, the statutory liability for defects applies. For consumers, the limitation period for claims for defects in used items is one year from delivery of the goods. For entrepreneurs, the limitation period for claims for defects is one year from the transfer of risk; the statutory limitation periods for the right of recourse under Section 478 of the German Civil Code remain unaffected. In relation to entrepreneurs, only our own information and the manufacturer's product descriptions that were included in the contract are deemed to be an agreement on the quality of the goods; we accept no liability for public statements made by the manufacturer or other advertising statements. If the delivered item is defective, we will initially provide a warranty to entrepreneurs at our discretion by removing the defect (repair) or by delivering a defect-free item (replacement delivery). The above restrictions and shortened deadlines do not apply to claims based on damage caused by us, our legal representatives or vicarious agents.
- in case of injury to life, body or health
- in the event of intentional or grossly negligent breach of duty or malice
- in the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations)
- within the framework of a guarantee promise, if agreed
- insofar as the scope of application of the Product Liability Act is open. Information on any additional guarantees that may apply and their exact conditions can be found on the product and on special information pages in the shop.

13. Liability

We are always liable without limitation for claims based on damage caused by us, our legal representatives or vicarious agents - in the event of injury to life, body or health
- in the event 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 is open.
In the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, liability is limited to the damage foreseeable at the time the contract was concluded and which must typically be expected to occur. In all other respects, claims for damages are excluded.

14. Online dispute resolution

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

15. Final provisions

If you are an entrepreneur, German law applies, excluding 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 you and us is Berlin.