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Terms and Conditions

Crumpler Serious GmbH
Online Shop
29 Penn Street
Bristol
BS1 3AU
Tel: 0117 927 7422

Company Reg. FC028116

VAT GB 934 4376 12

Online contact: online@crumpler.co.uk


§ 1 Area of Application

1. Any and all deliveries and services of and by Crumpler Serious GmbH (hereinafter called CRUMPLER) including all contracts with CRUMPLER shall be performed exclusively on the basis of the Terms and Conditions set forth below in the currently valid version. CRUMPLER does not recognize any provisions of the Customer which conflict with or deviate from these Terms and Conditions, unless CRUMPLER has expressly agreed to their validity in writing.

2. By reading these terms and conditions the Customer agrees to accept the legal Terms and Conditions of CRUMPLER when placing an order.

3. The Terms and Conditions of CRUMPLER apply also to future business relationships and contracts of similar type.

4. Supplementary agreements and amendments to the Terms and Conditions of CRUMPLER must be in writing to be valid in law (e.g. letter, e-mail). Non-written modifications of the Terms of Conditions are null and void unless CRUMPLER has expressly agreed to their validity in writing.


§ 2 Product Range, Conclusion of contract, Supply

1. Offers of CRUMPLER shown in the online shop are not binding; CRUMPLER reserves the right to undertake changes at any time.

2. The contract between the Customer and CRUMPLER is established once the completed order form is sent by clicking the corresponding “BUY” button (binding order) and through the acceptance of CRUMPLER. CRUMPLER accepts the binding order of the Customer by confirming the order in writing or through delivery of the product. After placing his order the Customer will receive a confirmation of receipt of the order to his email address. This confirmation will be sent automatically and does not mean that the product is available. A binding and valid contract requires either CRUMPLERS written confirmation or the delivery of the product, the first of these alternatives to take place forming the relevant event.

3. Products for purchase are only the products confirmed or delivered by CRUMPLER. Any drawings, pictures or images displayed in the online store and the catalogues are not binding unless availability is confirmed in written or delivered by CRUMPLER.

4. Please note that while CRUMPLER has tried to accurately display the colours of products, the actual colours the Customer sees will depend on Customer’s monitor and may not be accurate.

5. All orders will be delivered as soon as possible. Average delivery period from the time receiving the order to delivery is at least 1-3 business days in the United Kingdom Please allow longer if delivered. Please allow longer in the Republic of Ireland. Business days are Monday to Friday excluding public holidays. If in any case the item ordered is out of stock CRUMPLER will notify the customer by email immediately.

6. Correct and punctual deliveries by CRUMPLERS suppliers shall be reserved. CRUMPLER reserves the right to withdraw from a contract if supplier(s) have not delivered correctly or timely. This right of withdrawal shall only apply if CRUMPLER is not at fault for this non-delivery by the supplier. Customer shall not be entitled to damages that arise from this non-faultive non-delivery.

7. Customer shall not be entitled to damages that arise from non-delivery in the event of industrial actions, in particular strike and lockout, force majeure or other unforeseeable obstacles, which are beyond CRUMPLERS control. CRUMPLER shall immediately inform the customer of non-availability of the products. Any payment made to CRUMPLER shall be reimbursed fully & immediately.

8. Partial delivery is permitted, provided this is acceptable to the customer. In case of partial delivery CRUMPLER will charge postage and packing charge only once.

9. The risk of accidental loss of or of accidental damage to the products shall pass over to the Customer at the latest with the picking up of the goods by the Customer. Otherwise the risk shall pass over to the Customer with dispatch to the carrier, irrespective of whether it is a partial or complete delivery or whether CRUMPLER has accepted other duties, such as the bearing of costs of dispatch or home delivery.

10. The UK online store only delivers to the United Kingdom and the Republic of Ireland.


§ 3 Prices

All prices are retail prices listed in £ inclusive of VAT of currently 17.5 %. Shipping costs however, will be calculated as extra charge.


§ 4 Shipping Rates & Payment

1. Shipping costs will be calculated depending on the size and weight of the order / package. The shipping costs are shown in the shipping cost list of CRUMPLER. The shipping costs are further more clearly indicated next to the products on the website (www.crumpler.co.uk) and through the order process, step number 3. The order can still be cancelled at this stage if these charges are not accepted.

2. CRUMPLER currently accepts payments by the following cards only: Mastercard, Visa, Maestro (UK issued), Maestro (non-UK issued), Visa Electron (UK issued), Visa Electron (non-UK issued), Visa Debit (UK issued), Solo.

3. All products remain the ownership of CRUMPLER until full payment is made. The Customer shall not be entitled to process and sell the products. Any integration of the product shall be performed on behalf CRUMPLER. In the case of implementation with third-party goods by the Customer, CRUMPLER shall acquire co-ownership of the new object to the level of the invoice value of the supplied product. The new object created from integration shall also be regarded as a supplied product for the purposes of these terms and conditions.

4. In case of partial return (e.g. 2 products ordered, 1 product is returned) CRUMPLER will refund the cost of the product and the shipping cost divided by the number of shipped products. Half of the charge in this case.


§ 5 Information on revocation right

For consumers the following revocation right applies:


Revocation right

The Customer is entitled to cancel the contract, with no explanation necessary, within seven (7) working days after the day the goods are received (proved by postal receipt or courier signed copy of delivery). Cancellation must be performed via written instruction (letter or e-mail). Upon receipt of these written instructions, the notice of cancellation is given. Written cancellation must be sent within the time limit to make it valid. Returns should be addressed to:

Crumpler Serious GmbH
29 Penn Street
Bristol
BS1 3AU
Tel: 0117 927 7422
E-mail: online@crumpler.co.uk

Goods may also be returned to this address in person, once authorised by Crumpler.

Revocation consequences

In the case of a cancellation, the Customer is responsible for returning the merchandise safely and in re-sellable condition and CRUMPLER is responsible for refunding the purchase price of the product only. CRUMPLER is not responsible for refunding the original postage costs, due to the Customer’s indecision. In case the customer returns only part of the merchandise or returns the merchandise in a worsened condition the Customer must compensate CRUMPLER. If the customer has already paid the purchase price, CRUMPLER is entitled to deduct depreciation from the reimbursement. Compensation is not to be made, if the deterioration of the product is exclusively attributed to its being tested, for instance, as would have been likely in the shop. In all other respects the Customer can avoid the obligation of value replacement, if he does not use the item like an owner and refrains from using it in any way that impairs its value.

Sale items can only be exchanged.

The customer is responsible for the shipping costs for voluntary returns and cancellations within the 7 day period.

Obligation for payment refunds must be fulfilled within 30 days after sending the cancellation statement. For you the customer the revocation deadline begins with the dispatch of your revocation notice or of the dispatch of the goods For CRUMPLER, the period begins with their receipt. All returns are subject to inspection and approval by CRUMPLER before any repair or replacement is authorized.

The right of revocation does not apply in case of special order items made to individual customer specifications.

End of revocation policy.


Please avoid damage and contamination. Send us the goods as unused as possible with the original packaging and tag. The goods need to be in a re-sellable condition and with all the accessories (e.g. removable laptop case, detachable straps, 3rd leg stabilizers). Please send us the goods safely, and well packed, in order to avoid damage in transit.

Returns must include original invoice / receipt or copy of original invoice / receipt.

As soon as we have received the goods, we will refund the purchase price of the item (total payment minus postage) to your credit or debit card account. In some exceptional cases, a refund on the used credit card account may not be possible for technical reasons. For this purpose, please specify your bank account details when returning.


§ 6 Exclusion of set off and rights of retention

1. The Customer only has the right to set-off if his counter claims are recognised by declaratory judgement or are undisputed.

2. The Customer may only exercise a right of retention, should his counter claim be based on the same (single) order in question and has been adjudicated by non-appealable judgement, is not in dispute or has been acknowledged by CRUMPLER.


§ 7 GUARANTEE TERMS

1. CRUMPLER guarantees its products against possible defects in materials and workmanship and offers a standard warranty of 30 years. This warranty does not affect the Customers statutory rights, only when bought from CRUMPLER or its subsidiary directly.

2. Where such defects occur, the Customer can request supplementary performance either through repair or through replacement of the item in question. CRUMPLER however reserves the right to reject the chosen supplementary performance by the Customer in case the performance would involve CRUMPLER in unreasonable effort.

3. If the supplementary performance is unsuccessful, the Customer shall be entitled to cancel the contract or reduce the remuneration. The performance is considered to be unsuccessful if the product cannot be repaired after three (3) or more attempts.

4. The warranty is limited up the value of the CRUMPLER product in question. In case the product is not available anymore due to the 30-year warranty, CRUMPLER reserves the right to supply an equivalent product of equivalent value and quality.

5. The warranty is only valid when the product is used for the purpose it was intended under normal conditions. The warranty does not cover any damage caused by normal wear & tear, neglect, misuse, abrasion, exposure to extreme temperatures, acids or solvents; nor does it cover damage caused by third parties during transportation (such as airline travel). The warranty is not valid in case care instructions given by CRUMPLER have not been applied or in case CRUMPLER products are modified by the Customer.

6. All returns are subject to inspection and approval by CRUMPLER before any repair or replacement is authorized.

7. Any claims for damages and reimbursement of expenses the Customer may have, based on whatever legal reason, including infringement of duties arising in connection with the contract or tort, shall be excluded. The above shall not apply in the case of mandatory liability, e.g. under the Product Liability Act, in the case of intent, gross negligence, injury of live, body or health, or in case of breach of an essential term of contract. However, claims for damages and reimbursement arising from an essential breach of the contract shall be limited to the foreseeable damage which is intrinsic to the contract, unless caused by intent or gross negligence or based on liability for injury of live, body or health. The above provision does not imply a change in the burden of proof to the detriment of the Customer.

8. All goods must be returned in perfect condition along with a copy of the initial CRUMPLER invoice/delivery note.


§ 8 Damages in transit

Any external evidence of loss or damage must be noted on the freight bill or receipt and signed by the carrier's agent. In case of internal damages the Customer shall cease to unpack the box once discovered the damage and inform the carrier to declare the damage on the freight bill or receipt.


§ 9 Data Security & Privacy

1. CRUMPLERS data protection procedures are in conformity with the Data Protection Act 1998.

2. The Customer hereby agrees that CRUMPLER may process, store and evaluate the Customer data, which it receives in connection with the business relationship. CRUMPLER will only use the Customer data for the processing of the Customer order and other Crumpler-related activities. Usage of Customer data will be kept to a minimum at any time. Under no circumstances will CRUMPLER pass on this information to third parties.

3. The Customer shall be informed about and be given the opportunity to correct, block and delete his/her personal data at any time. In these cases Customer shall contact the CRUMPLER online store via e-mail or post.


§ 10 Copyright and Trademarks

This Website, its design, content and software and everything on it, is the property of CRUMPLER. The CRUMPLER trademark and other trademarks that appear on this Website are the property of their respective owners. It is forbidden to copy, revise, translate, store or otherwise use the contents of this Website without our written consent.


§ 11 Court of Law

If the Customer is a merchant, an official legal body or a special fund under public law, venue for all disputes arising directly or indirectly out of the contract shall be the place of business of CRUMPLER. This shall also apply in case the Customer is not domiciled within the United Kingdom or the Republic of Ireland.


§ 12 Statuary Provisions

Should one or more of the provisions in these Terms and Conditions become invalid, this shall not affect the validity of the Standard Terms and Conditions as a whole. The invalid provision shall be replaced with a relevant statutory provision.


§ 13 Limited Liability

1. Any claims for damages and reimbursement of expenses the Customer may have, based on whatever legal reason, including infringement of duties arising in connection with the contract or tort, shall be excluded. CRUMPLER is not liable for any damages that did not occur in direct connection with delivery.

2. Claims for damages and reimbursement arising from an essential breach of the contract shall be limited to the foreseeable damage which is intrinsic to the contract, unless caused by intent or gross negligence or based on liability for injury of live, body or health. CRUMPLERS established liability limitations extend to its workers, representatives and supporters.

3. The above shall not apply in the case of injury of live, body or health.

4. The above shall further more not apply in the case of mandatory liability, e.g. under the Product Liability Act

5. Modification and misprint reserve. CRUMPLER assumes no liability for permanent or temporary availability of www.crumpler.co.uk and/or trouble-free function of the platform offered.

Last modified March 30, 2010