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GENERAL TERMS AND CONDITIONS OF BUSINESS (T&CS)
NOBRAINER GMBH (HEREINAFTER ALSO 'CRUMPLER')
We process you order exclusively in accordance with our T&Cs valid at the time of your order. The current version of our T&Cs is printed in the catalogues sent out by us as below and you can find it on our website www.crumpler.eu under the tab 'Home/Terms & Conditions' as well as directly via the link at the bottom of each page. We also send you our T&Cs with the confirmation of order.
2. ENTERING INTO A CONTRACT, MINIMUM ORDER VALUE
2.1 You are only able to place orders via our home page (online).
2.2 Our offers on our home page (online) are without engagement and non-binding. By ordering the desired goods you are making a binding offer to enter into a contract to purchase the product concerned. Immediately after receipt of an offer we will send you a confirmation of order regarding receipt of the offer that still does not represent acceptance. We are then entitled to accept your offer within 14 calendar days by sending a Delivery Notice (by post or email) to you. Your order is not regarded as accepted until we have accepted it by means of a Delivery Notice. Where your offer is not accepted by us within 14 calendar days, the offer is regarded as rejected. A contract for the sale of goods does not exist for products not listed in the conformation of order.
3.1 Crumpler exclusively uses DHL to deliver your orders. Orders placed before 12:00 (CET) will usually be dispatched on the same day. Delivery time is 2-4 working days from the time payment in full has been received.
3.2 Where by way of exception an item is unable to be delivered or will take longer, we will notify you of this before you complete your order. We will inform you as quickly as possible of the delivery deadline or, alternatively, that delivery is not possible. We reserve the right to undertake a part delivery where this appears to favour fast processing and is acceptable to you. In the event of a part delivery we will of course bear the additional shipping costs. No further costs to you will arise.
3.3 Meeting a delivery deadline for goods identified as 'immediately available' depends on the availability of supplies. Where the ability to deliver depends on delivery by an upstream supplier and this delivery fails for reasons beyond our control, we reserve the exclusive right to withdraw from the contract. You are not entitled to compensation in the event of withdrawal in such a way.
3.4 In the same way, you are not entitled to compensation either where, due to force majeure or any other event, delivery is hampered or prevented beyond CRUMPLER's control. In particular, such events include: Fire, flooding, industrial dispute, disruption to production, strike and official orders not attributable to CRUMPLER. In these cases you will be notified immediately about the inability to deliver and any payment already made will be refunded to you by CRUMPLER.
4. CANCELLATION CLAUSE
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform us of your:
Fax number if available
- Decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or email).
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
The cancellation should be addressed to:
Venloer Strasse 301-303
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us (see address above), without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You will have to bear the direct cost of returning the goods, unless the product you are returning has a value of over GBP 40, for which we will provide you with a free Return Shipping service, should you wish. Please contact us to arrange for your return label to be sent to you. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
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4.1 Please avoid damage or soiling. If possible, return the goods to us in a resalable condition, with all accessories, the original protective packaging and original labels on the goods.
4.2 In the event of a return, please send a corresponding email to: firstname.lastname@example.org with your order number. In return you will receive a return slip and a return form. Please fully complete the return slip and return the goods in their original packaging to the online shop. Your right to cancellation exists regardless of whether you use the original packaging and the return form.
4.3 Please note that the terms set out in no. 4.1 and 4.2 are not prerequisites for effectively exercising the right to cancellation.
5.1 The respective list prices at the time of the order as displayed on our website apply.
5.2 All prices quoted on our website are in GBP UK and include the statutory VAT. Costs for packaging and shipping (shipping costs) are set out in accordance with the following table under section 6.
5.3 Where the delivery address is outside the EU, German VAT currently at 19% will not be calculated as part of the ordering process. Order prices quoted in this respect are therefore VAT exempt when ordered and delivered outside the EU and only shipping and packaging costs are added.
However, import taxes, customs duties and costs in the destination country may be charged for orders shipped outside of the EU. Import duties and taxes are charged to the recipient by the respective customs office and borne exclusively and directly by the recipient. These are in accordance with the import regulations of the recipient country. For more detailed information, contact your relevant customs office.
6. SHIPPING COSTS (DOMESTIC/ABROAD)
6.1 In addition to the prices quoted, CRUMPLER charges for delivery and, if applicable, shipping costs. The current shipping costs for the respective delivery area/country can be found in our shipping costs table. Shipping costs are also clearly pointed out to you on the product pages, in the shopping cart and on the order page.
Orders worth more than EUR 50.00 - only within Germany - are free of shipping costs. Shipping is free to the following country with an order value above the value displayed: UK - GBP 80+
6.2 The specific amount of shipping costs due are displayed in step 3 of the order process. It is still possible to cancel the order at this moment.
6.3 With part shipments (e.g.: comprising 2 items of which only 1 is returned), CRUMPLER reserves the right to subsequently charge for transport costs provided the total order value caused by the return falls under the threshold for costs for delivery free of shipping (therefore under €50.00 within Germany). The same applies where the value of the product to be returned is under GBP 40. You can find further information on our returns page.
7. TERMS OF PAYMENT
We accept payment by: Visa Card, Mastercard, American Express, Discover, PayPal, Amazon Pay, Sofortüberweisung, Payment in advance and Invoice with Klarna.
With certain orders we reserve the right not to offer certain types of payment and to request other types of payment.
8.1 The warranty is governed by statutory provisions. With complaints we require proof of the date of purchase by means of the invoice and a picture of the item subject of the complaint showing the damage, sent to the following email address: email@example.com. You will then hear from us by email about the further course of action. If our examination based on the picture finds that the item subject of the complaint can be repaired, the item, together with a copy of the invoice, is to be sent to the following address:
Venloer Strasse 301-303
There is no claim to warranty as a result of normal wear and tear or usage.
9. ADDITIONAL WARRANTY
9.1 In addition to the statutory warranty we offer you a 5-year warranty on separately marked bags for possible defects in the material or workmanship in accordance with the following warranty provisions:
CRUMPLER's 5-year warranty for separately marked bags applies in principle to defects in materials or the workmanship (such as sliders or seams).
Where the warranty applies, the bags are repaired by us. Where the damage and/or defect is unable to be repaired, we replace the article. Where we are unable to replace the item with the same model, we offer a similar product of identical value. A refund of the purchase price is excluded from the 5-year extended warranty.
The following damage is not covered during the period of the 5-year warranty.
a) Damage and/or defects arising from normal use (such as defective zips, damaged buckles, peeling finish and discolouration of the material).
b) Damage arising from misuse (such as tears, cuts and holes in the material or improper cleaning of the bag in the washing machine) as well as cosmetic damage (such as scratched or blemished material).
c) Incidental or consequential damage (such as damage or loss of the contents of the bag, loss of use, loss of time or similar costs).
d) Other damage caused by airlines or other damage in transit (such as damage, tears, cuts and holes in the material, damage to wheels, handles or other bag accessories). Claims for compensation during transit must be made to the transport company/airline.
e) Where the customer makes changes to the product or exchanges parts, the warranty is void with regard to defects arising or that have arisen from the breach of the above provision.
9.2 A claim under the warranty is only honoured on production of the till receipt and/or invoice. This should be retained for the whole warranty period for this reason.
10. PLEASE NOTE WITH REGARD TO DAMAGE DURING TRANSPORT
Visible external damage to the parcel from CRUMPLER shall be immediately certified in a suitable manner by those delivering the parcel. The transport companies are bound by this. Where non-visible external damage or defects become apparent or the contents are found to weigh less, then no further unpacking shall take place. The transport company shall be immediately requested to record the damage in writing. In all cases, goods and packaging shall be left in the condition they were in when the damage was discovered until the facts are recorded by the transport company's representative.
11. RETENTION OF TITLE
All delivered goods remain our property until payment has been made in full.
12. NO SET-OFF AND RIGHT OF RETENTION
12.1 The customer is not entitled to set off CRUMPLER's claim for payment with its own claim unless the customer's demands are found to be indisputable or have force of law.
12.2 The customer is not entitled to claim a right of retention for payment claims against CRUMPLER - or even notification of defects- unless they result from the same contractual relationship and are indisputable and binding.
13. DATA PROTECTION, PERSONAL DATA, RE-TARGETING
13.1 Part of our quality requirements includes handling your personal data in a responsible manner and complying with all legal data protection provisions.
13.2 More specific information regarding data protection as guaranteed by CRUMPLER as well as the type, scope, location and purpose for collecting, processing and using personal data by CRUMPLER can be found in the separate data protection statement available at: www.crumpler.co.uk/privacy-policy
13.3 Our website uses "re-targeting" technologies. We use these technologies to make our internet offers as appealing to you as possible. This technology allows internet users who are already interested in our store and our products to respond to the advertising on our partner websites. Cookie technology enables us to insert advertising on our partner pages. This form of advertising is done anonymously through our partner Criteo Ltd., which does not store any personal data, nor are any user profiles merged with your personal information. For more information, please refer to Criteo GmbH's privacy policies (http://www.criteo.com/de/datenschutzrichtlinie).
14. COPYRIGHT LAW AND TRADEMARKS
14.1 The whole content of the website including text, graphics, photos, images, moving images, illustrations and software (hereinafter: 'CONTENT') is the property of CRUMPLER. All parts of the website, including the general design and content, are protected by copyright and other laws. Unless otherwise stated within the website, the reproduction, editing, storage and processing of the content, in particular the use of images and text on platforms such as eBay, is not allowed.
14.2 All trademarks, service marks and brand names used herein are - unless otherwise stated - trademarks or registered trademarks of CRUMPLER. You are not permitted to use, copy, reproduce, republish, upload, transmit, transfer, distribute or alter trademarks in any way whatsoever without prior written permission from CRUMPLER.
15. REVIEWS, COMMENTS, MESSAGES AND OTHER CONTENT
15.1 Visitors may post reviews, comments and other content, send e-cards and other messages and submit suggestions, ideas, comments, questions and other information provided that the content is not illegal, obscene, offensive, threatening, defamatory, intrusive, in violation of the law or in any other way infringes the rights of third parties and does not consist of or contain software viruses, political campaigns, promotional material, chain letters, bulk mailing or any form of 'spam'. You may not use false email addresses, portray yourself as another person or business or mislead as to the origin of a bank or credit card or any other content. We reserve the right (however this does not imply commitment without sufficient notice) to remove or edit this content. Should you believe that your intellectual property rights have been infringed by a clause or information in a CRUMPLER agreement then please contact us.
15.2 If you post content to the website or submit material, unless otherwise stated you grant: (a) CRUMPLER the non-exclusive, free, sublicensable and transferable right to use, reproduce, amend, edit, publish, translate, produce derived works from, distribute and broadcast this content around the world in any media and (b) CRUMPLER and its sublicensees and assignees the right to use the name you submit in connection with this content. Moral rights are not assigned by these rules.
15.3 You agree that the above rights that you have assigned are irrevocably granted throughout the whole term of protection of your intellectual property rights that exist in relation to this content and material. You agree, at our request, to undertake all further steps required to comply with any of the above rights granted to you by Crumpler, including the completion of official documents and records.
15.4 You guarantee that you hold or otherwise dispose of all rights to content that you have drawn up and that, at the moment, when the content and the material was provided: (i) the content and materials are free from error and (ii) the use of the content and material that you have made available do not infringe any of CRUMPLERs applicable provisions and guidelines or cause harm to any person or company (including that none of the content or material is defamatory). You agree to hold CRUMPLER harmless from all third party claims made against CRUMPLER and that arise from or in connection with the content or material that you have made available, except to the extent where liability results from CRUMPLER's failure to adequately remove the content as soon as CRUMPLER was made aware of the infringement.
16.1 In general CRUMPLER, for whatever legal reason, is only liable in accordance with the following provisions:
16.2 Unless otherwise provided for in section 16.3 hereafter, CRUMPLER's liability for compensation - regardless of the legal nature of the asserted claim and also after expiry of any deadline set - is excluded. In particular, subject to section 16.3 hereafter, CRUMPLER is not liable for information posted and available online at www.crumpler.eu - either for accuracy, completeness or timeliness or legality of or being held harmless from third party rights - for damage to legal interests of the customer as well as loss of profits, lost savings, damage from third party claims or other direct damage and consequential damage. CRUMPLER also accepts no liability for the colour represented online matching the actual colour of the bag.
16.3 The limitations to liability in accordance with the above sections do not apply to harm to life and limb or personal or material damage in accordance with German product liability laws and for damage that CRUMPLER is responsible for intentionally or due to gross negligence. In addition they do not apply in the event of fraudulent concealment of a defect or assumption of a guarantee of quality (Art. 443 German Civil Code) and/or for damage arising from a slightly negligent breach of significant contractual obligations (material contractual obligations). In these cases the following applies:
a) CRUMPLER is liable for injury to life and limb and/or personal and/or material damage in accordance with the German product liability laws and statutory provisions.
b) In addition, CRUMPLER is liable for its own wilful or grossly negligent behaviour and for the corresponding behaviour of its agents in accordance with statutory provisions.
c) In the event of fraudulent concealment of a defect or assumption of a guarantee of quality and/or for damage resulting from a slightly negligent breach of significant contractual obligations (material contractual obligations), CRUMPLER is liable in accordance with statutory provisions, however only for the amount of the damage that is typically to be expected.
17. APPLICABLE LAW
German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods applies to all disputes arising from or due to this agreement. With contracts with a purpose that is not able to be attributed to the professional or commercial activity of the beneficiary (contract with consumers) this governing law only applies in so far that the guaranteed protection of binding provisions of the state where the consumer usually resides is not removed.
18. CONDITIONS FOR REDEEMING GIFT VOUCHERS AND GIFT CARDS
These conditions apply to vouchers purchased online from the CRUMPLER online shop.
• CRUMPLER online vouchers can be redeemed up until the end of the third year after purchase of the voucher ('expiry date').
• Remaining balances will be honoured up until the expiry date of your voucher, after this they will no longer be able to be used.
• Vouchers can only be redeemed for products on www.crumpler.eu.
• Vouchers can be redeemed using the normal order form.
• Where the value of the voucher is insufficient for your order, you may make up the difference using another method of payment accepted by Crumpler or by entering further gift vouchers on the same site.
• More than one gift voucher may be used for one order. Gift vouchers may not be combined with campaign vouchers.
• CRUMPLER's general terms and conditions of business and data protection provisions available on the website apply when redeeming gift vouchers and gift cards on www.crumpler.eu.
• When ordering a voucher, full payment details must be given in the order form. It is not possible to subsequently add to the details.
• A voucher order can only be cancelled if the voucher has still not been redeemed.<
• Vouchers may not be redeemed to purchase further vouchers.
• Vouchers may not be redeemed on other authorised websites.
• Vouchers may not be paid out in cash, topped up, carried forward for value, offset outstanding debts or transferred to another customer account. In the same way, gift vouchers and gift cards cannot be sold on.
Liability and risk of loss
• CRUMPLER accepts no liability for typing errors in the voucher recipient's email address. In the same way, CRUMPLER accepts no liability for loss, theft, misuse or delays in transmission (e.g. due to technical difficulties) of vouchers.
• In the event of fraud, attempted deception or suspicion of other illegal activity in connection with the purchase of a gift voucher or redemption of a voucher, CRUMPLER is entitled to close the corresponding customer account and/or demand an alternative method of payment. There is no entitlement to activation or payment of affected cards.
19. SUPPLIER INFORMATION
Venloer Strasse 301-303
Tel.: +49 (0) 221 9499 5410
Fax: +49 (0) 221 9499 5411
Cologne Local Court, Trade and Commerce Register 54289
Managing Director: Stephan Göbel
VAT No.: DE813401466
T&Cs version update: March 2014
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