General Terms and Conditions
Please note: The following GTC are translated from our German AGB and are for reference only. In case of differences the German version remains legally binding.
§1 Contracting party
On the basis of these General Terms and Conditions the following contract is concluded between the customer and Crescience UG (haftungsbeschränkt), Nordendstr. 3, 86956 Schongau, HRB 228381 – hereinafter referred to as provider.
§2 Subject matter of the contract
This contract regulates the sale of new goods from the area of electronic products via the online shop of the provider. For details of the respective offer, refer to the product description on the product site.
§3 Conclusion of contract
The contract is concluded exclusively in electronic business transactions via the shop system. The presented offers represent a non-binding invitation to submit an offer via a customer order, which the provider can then accept. The ordering process for the conclusion of the contract comprises the following steps in the shop system:
- Selection of the item and the desired specification (size, colour, quantity)
- Adding the item to the shopping cart
- Press the button ‘Checkout’.
- Entering the billing and delivery address
- Selection of payment method
- Press the button ‘buy now’.
- Confirmation mail that order has been received. Through the sending of the order confirmation the contract comes into effect
§4 Duration of contract
Subject to premature termination, the contract has a term of one delivery. The total price is calculated from the following components: From the price which results from the addition of the articles in the shopping cart as well as possible shipping expenses.
§5 Retention of title
The delivered goods remain the property of the provider until full payment has been received.
The provider reserves the right to provide a service/item of equal quality and price. The service/items shown in the shop is exemplary and not the individual, contractual service/item. The provider reserves the right not to provide the promised service/item if it is not available.
§7 Prices, shipping costs, return costs
All prices are final prices and include the German VAT. In addition to the final prices, further costs are incurred depending on the mode of dispatch, which are displayed before dispatch of the order. If there is a right of withdrawal and it comes into effect, the customer bears the cost of return.
§8 Terms of payment
The customer is obliged to pay or transfer the stated amount to the account stated on the invoice immediately after receipt of the invoice. Payment is due without deduction from the invoice date. The customer is in default only after a reminder.
§9 Terms of delivery
The goods will be shipped immediately after confirmed receipt of payment. The dispatch takes place on average at the latest after two days. In the case of delivery destinations in the Federal Republic of Germany, the entrepreneur undertakes to deliver on the fifth working day after receipt of payment. The regular delivery time is five days, if nothing else is indicated in the article description. The supplier ships the order from his own warehouse as soon as the entire order is in stock there. If the supplier is not responsible for a permanent obstacle to delivery, in particular force majeure or non-delivery by his own suppliers, although a corresponding covering transaction was made in good time, the supplier has the right to withdraw from a contract with the customer to this extent. The customer will be informed immediately and any services received, in particular payments, will be refunded.
Consumers are entitled to a statutory liability for defects for the services offered in accordance with the relevant provisions of the German Civil Code (BGB). If this is deviated from, the warranty shall be governed by the relevant provisions in the General Terms and Conditions (AGB). If the customer is an entrepreneur, the warranty period for new goods is limited to one year. The provider is granted the right to choose between repair or replacement if the goods are new and the customer is an entrepreneur. If the customer is an entrepreneur, the warranty for used goods is excluded. If the customer is a consumer, the warranty period for used goods is limited to one year. This does not apply to compensation claims of the customer because of injury to life, body, health or essential contractual obligations, which must necessarily be fulfilled to achieve the contractual goal. This also does not apply to claims for damages after grossly negligent or intentional breach of duty by the provider or his legal representative or vicarious agent. In all other respects, the statutory provisions shall apply.
§11 Basis of contracts
If the customer is an entrepreneur, the risk of accidental loss and/or accidental deterioration of the goods shall pass to the customer upon delivery or, in the case of shipment, upon delivery of the goods to the selected service provider for this purpose. The customer has no possibility to directly access the stored contract text. The customer can correct errors in the input during the order process. For this he can proceed as follows: by immediate notification to the supplier electronically, e.g. by e-mail to info[@]crescience.de .
§12 Right of Withdrawal and Customer Service
Right of withdrawal
You have the right to revoke this contract within fourteen days without giving reasons. The revocation period is fourteen days from the day,
- In the case of a contract of sale: where you or a third party designated by you, other than the carrier, have taken or have taken possession of the last goods.
- In the case of a contract covering several goods ordered by the consumer under a single order and delivered separately: to which you or a third party other than the carrier designated by you have taken possession of the last goods.
- In the case of a contract for the supply of goods in several instalments or pieces: in which you or a third party other than the carrier designated by you took possession of the last instalment or piece.
- In the case of a contract for the regular delivery of goods over a fixed period: when you or a third party other than the carrier designated by you took possession of the first goods.
If several of the above conditions apply, respectively the last time is decisive.
In order to exercise your right of withdrawal, you must inform us (Crescience UG (haftungsbeschränkt), Nordendstr. 3, 86956 Schongau, info[at]crescience.de) 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 sample withdrawal form, which is not mandatory.
In order to comply with the revocation period, it is sufficient for you to send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of withdrawal
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 (with the exception of additional charges arising from your choice of a method of delivery other than the low-cost 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 must return or hand over the goods to us (Crescience UG (haftungsbeschränkt), Nordendstr. 3, 86956 Schongau, Germany) immediately and in any case within fourteen days of the day on which you notify us of the revocation of this contract at the latest. This period shall be deemed to have been observed if you dispatch the goods before expiry of the fourteen-day period.
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 which is not necessary to inspect their condition, properties and functionality.
End of the withdrawal instruction
§13 Disclaimer of liability
Claims for damages by the customer are excluded, unless otherwise specified for the following reasons. This also applies to the representative and vicarious agents of the supplier if the customer raises claims for damages against these claims. Excluded are claims for damages of the customer due to injury to life, body, health or essential contractual obligations, which must necessarily be fulfilled in order to achieve the contractual goal. Likewise, this does not apply to claims for damages following grossly negligent or intentional breach of duty on the part of the provider or its legal representative or vicarious agent.
§14 Prohibition of assignment and pledging
Claims or rights of the Customer against the Provider may not be assigned or pledged without the Provider’s consent, unless the Customer has proven a justified interest in the assignment or pledge.
§15 Language, place of jurisdiction and applicable law
The contract shall be drawn up in German. The further execution of the contractual relationship shall take place in German. For international deliveries within the EU, the place of jurisdiction is Germany. For international deliveries to territories outside the EU, local jurisdiction shall be applied. For consumers this applies only to the extent that no legal provisions of the state in which the customer has his residence or habitual abode are restricted.
§16 Data protection
In connection with the initiation, conclusion, processing and reversal of a purchase contract on the basis of these GTC, data is collected, stored and processed by the provider. This happens within the scope of the legal regulations. The provider does not pass on any personal data of the customer to third parties, unless he is legally obliged to do so or the customer has expressly consented beforehand. If a third party is used for services in connection with the handling of processing, the provisions of the Federal Data Protection Act will be complied with. The data communicated by the customer in the course of the order are processed exclusively for the establishment of contact within the framework of the contract winding up and only for the purpose, for which the customer made the data available. The data will only be forwarded to the shipping company, which takes over the delivery of the goods in accordance with the order, if necessary. The payment data will be passed on to the bank commissioned with the payment. Insofar as storage periods of a commercial or tax nature apply to the provider, the storage of some data may take up to ten years. During the visit in the Internet Shop of the offerer anonymized data, which do not permit conclusions on personal data and also do not intend, in particular IP address, date, time, browser type, operating system and visited sides, are logged. At the customer’s request, personal data will be deleted, corrected or blocked in accordance with the statutory provisions. A free information about all personal data of the customer is possible. For questions and requests for deletion, correction or blocking of personal data as well as collection, processing and use, the customer can contact the following address:
(Crescience UG (haftungsbeschränkt), Nordendstr. 3, 86956 Schongau, info[at]crescience.de)
The invalidity of a provision of these GTC shall not affect the validity of the other provisions.