Terms & Conditions
Terms and conditions with customer information
1. SCOPE
1.1. These general terms and conditions (hereinafter “Terms and Conditions”) of Bagmania GmbH (hereinafter “Seller” or “Crumpler”) apply to all contracts concluded between Crumpler and a consumer via our online shop (www.crumpler.de).
1.2. A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to either their commercial or independent professional activity. An entrepreneur within the meaning of these General Terms and Conditions 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.
1.3. These General Terms and Conditions apply accordingly to contracts for the delivery of vouchers, unless something different is expressly stipulated.
1.4. The version of our General Terms and Conditions valid at the time the contract is concluded is decisive.
2. CONCLUSION OF CONTRACT
2.1. The presentation of our items in the online shop does not represent a binding offer to conclude a purchase contract on the part of the seller, but rather serves to make a binding offer by the customer. You can initially select products from our range without obligation and add goods to the virtual shopping cart using the “Add to shopping cart” button. The shopping cart can be accessed via the shopping cart symbol at the top right of the website. You can edit the goods in the shopping cart at any time before sending your binding order by using the correction aids provided and explained in the ordering process.
2.2. By submitting your order by clicking the "buy" button, you are making a legally binding offer to conclude a purchase contract for the goods contained in the shopping cart.
2.3. The seller can accept the customer's offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
- by asking the customer to pay after placing their order. This applies in particular to the payment methods PayPal, instant transfer, eps transfer and advance payment.
If several of the aforementioned alternatives are present, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.
2.4. When submitting an offer via the seller's online order form, the contract text is saved by the seller after the contract has been concluded and sent to the customer in text form (e.g. email, fax or letter) after the order has been sent. The seller will not make the contract text available beyond this. If the customer has set up a user account in the seller's online shop before sending his order, the order data will be archived on the seller's website and can be accessed free of charge by the customer via his password-protected user account by providing the corresponding login data.
2.5. Before bindingly submitting the order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better detecting input errors can be the browser's magnification function, which enlarges the display on the screen. As part of the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks on the button that completes the ordering process.
2.6. Only the German language is available for concluding the contract.
2.7. Order processing and contact usually take place via email and automated order processing. The customer must ensure that the email address he provided to process the order is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3. CANCELLATION
Consumers have a statutory right of withdrawal. Further information on the right of withdrawal can be found in the cancellation policy.
4. DELIVERY AND SHIPPING TERMS
4.1. Goods will be delivered via 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.
4.2. If an ordered item is not available, we will inform you by email immediately upon receipt of the order. In the event that an item is temporarily unavailable, Crumpler reserves the right not to accept your offer to conclude the purchase contract. We will immediately refund any payments already made.
4.3. If an item is only temporarily unavailable, we will inform you by email immediately after receiving the order. If delivery is delayed by more than two weeks, you have the right to withdraw from the contract. This does not affect your right to cancel the contract in accordance with Section 3. In this case, Crumpler is also entitled to withdraw from the contract. We will immediately refund any payments already made.
4.4. The delivery times specified by us are calculated from the time of order confirmation, provided that payment of the purchase price has already been made. For more information on delivery times, see Shipping & Delivery .
4.5. Shipping is only possible within mainland Germany and to Austria. There is no shipping to German islands. Pickup is not possible for logistical reasons.
4.6. Vouchers are sent to the customer via email.
5. PRICES AND SHIPPING COSTS
5.1. Unless otherwise stated in the seller's product description, the prices stated are total prices and include statutory sales tax.
5.2. The shipping costs will be shown to you on our order form before you submit the order and must be borne by you unless free shipping is guaranteed. For more information about delivery and shipping costs, see Shipping & Delivery .
5.3. In the event of a cancellation, Crumpler will bear the costs of the return. Please use our returns portal .
6. PAYMENT TERMS
6.1. The payment option(s) will be communicated to the customer in the seller's online shop.
6.2. The customer has the option of paying by credit card* (Visa, Mastercard, Maestro, American Express), PayPal, invoice with Klarna*, instant transfer*, eps transfer*, Sezzle and advance payment by bank transfer. The payment methods marked with * are processed using the payment service “Shopify Payments”.
6.3.1. If you choose the credit card payment method, the invoice amount is due immediately upon conclusion of the contract. Payment is processed via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: “Stripe”). Stripe reserves the right to carry out a credit check and to reject this payment method if the credit check is negative.
6.3.2. If you select the payment method “Invoice with Klarna”, payment is processed via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter “Klarna”). The payment period is 14 days from dispatch of the goods. The invoice purchase terms and conditions for deliveries to Germany can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/invoice?fee=0 and for deliveries to Austria at https://cdn .klarna.com/1.0/shared/content/legal/terms/EID/de_at/invoice?fee=0. Using the payment method “Invoice with Klarna” requires a positive credit check. In this respect, as part of the purchase initiation and processing of the purchase contract, we forward your data to Klarna for the purpose of address and creditworthiness checks. Please understand that we can only offer you those payment methods that are permitted based on the results of the credit check. Further information and Klarna's terms of use for Germany can be found here: https://cdn.klarna.com/1.0/shared/content/legal/terms/K502554/de_de/user and for Austria here: https://cdn.klarna.com /1.0/shared/content/legal/terms/K502554/de_at/user. General information about Klarna can be found here: www.klarna.com.
6.3.3. If you select the payment method “Sofortüberweisung”, the payment is processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter “SOFORT”). In order to be able to pay the invoice amount via “SOFORT”, the customer must have a form required to participate in “ SOFORT" activated online banking account, identify yourself 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. Further information on the "SOFORT" payment method can be found the customer can access it on the Internet at https://www.klarna.com/sofort/.
6.3.4. If you select “eps transfer” the processing takes place via the selected Austrian bank. After selecting the banking institution, the customer is redirected to his bank's online banking portal, where he makes the payment in the usual way using online banking. The invoice amount is due immediately. The customer can find further information about the “eps transfer” payment method on the Internet at https://eservice.psa.at/de/haendler/eservice-ansprachpartner.html after selecting their bank.
6.4. If you select a payment method offered by PayPal, payment is processed 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 and conditions. 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 - under the terms and conditions for payments without a PayPal account at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. Your PayPal account will be debited after you have completed your order.
6.5. If you select the payment method “Sezzle”, payment is processed via the payment service provider Sezzle Germany GmbH, Paul-Robeson-Straße 16, 10439 Berlin (hereinafter “Sezzle”). Payment is made in 4 equal installments, of which the first installment is due immediately. The remaining installments are due one month later. The use of the “Sezzle” payment method requires a user account with Sezzle and a positive credit check. In this respect, we forward your data to Sezzle for the purpose of address and creditworthiness checks as part of the purchase initiation and processing of the purchase contract. Please understand that we can only offer you those payment methods that are permitted based on the results of the credit check. The customer can find further information about the “Sezzle” payment method on the Internet at https://legal.eu.sezzle.com/user.
7. REDEEMING VOUCHERS
7.1. Crumpler offers gift and promotional vouchers. Gift vouchers are vouchers that you can purchase. Promotional vouchers are vouchers that we use as part of an advertising campaign with a limited duration.
7.2. Gift and promotional vouchers can only be redeemed in our online shop. A withdrawal in cash is not possible.
7.3. Gift vouchers can be redeemed via the order form. If the value of the gift voucher is not sufficient for the order, you can make up the difference using another approved payment method.
7.4. Promotional vouchers cannot be redeemed without restrictions for all products, provided that the promotional voucher imposes a corresponding restriction.
7.5. Promotional vouchers can be redeemed before completing the ordering process. Subsequent billing is not possible.
8. RETENTION OF TITLE
Crumpler reserves ownership of the delivered goods until the purchase price owed has been paid in full.
9. LIABILITY FOR DEFECTS (WARRANTY)
9.1. If the purchased item is defective, the provisions of statutory liability for defects apply.
9.2. You are asked to check the delivered goods for obvious transport damage and to complain directly to the delivery person. Please inform us if goods were damaged in transit. Both the complaint and the report are purely voluntary. Failure to make a complaint or report does not affect the buyer's legal or contractual claims for defects.
10. WARRANTY
10.1. In addition to the warranty claims described in point 9, we grant you a 5-year guarantee against possible material or workmanship defects on all bags and backpacks, unless there is an exception according to point 10.2.
10.2. The following are excluded from the guarantee:
10.2.1. Damage and/or defects caused by normal wear and tear (such as broken zippers, damaged buckles, peeling coating and discoloration of the fabric, worn wheels on luggage).
10.2.2. Damage caused by improper handling, accidents or extreme temperatures.
10.2.3. Damage caused by misuse (such as tears, cuts and holes in the fabric or improper cleaning of the bag in the washing machine), as well as cosmetic damage (such as scratched or stained fabric).
10.2.4. Other damage caused by airlines or other transit damage (such as damage caused by printing, tears, cuts and erasures in the fabric, damage to wheels, handles or other bag accessories). Claims for damages in transit cases should be made to the transport company or airline.
10.2.5. If the customer makes changes to the products or replaces parts, the guarantee will no longer apply to defects that arise or have arisen due to the violation of the aforementioned provision.
10.3. We can only process a warranty claim upon presentation of the invoice. We therefore ask you to keep the invoice for the guarantee period.
10.4. In the event of a warranty claim, the bag or backpack will be repaired by us. If the damage and/or defect cannot be repaired, we will replace the item. If we are unable to replace the item with the same model, we will offer a similar product of comparable value. A refund of the purchase price is excluded under the guarantee. In the event of a warranty claim, the warranty period is not extended by a further five years. The guarantee is always valid from the date of purchase and is limited to a period of five years calculated from the date of purchase. If the buyer wishes to make a warranty claim, the seller's proof of purchase (invoice or receipt), which must show the date of purchase, must be presented. We reserve the right to make technical changes to the product.
11. LIABILITY
11.1. Crumpler is liable without limitation if the cause of the damage is based on an intentional or grossly negligent breach of duty by Crumpler or a legal representative or vicarious agent of Crumpler, for damages resulting from injury to life, body or health, as well as under the Product Liability Act.
11.2. In other cases, Crumpler is only liable in the event of a breach of a contractual obligation, the fulfillment of which enables the proper execution of the contract and on whose compliance you can regularly rely (so-called cardinal obligation). In this case, liability is limited to compensation for foreseeable and typical damage.
12. ALTERNATIVE DISPUTE RESOLUTION
12.1. The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr. This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
12.2. The seller is neither obliged nor willing to take part in a dispute resolution procedure before a consumer arbitration board.
13. APPLICABLE LAW
The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.
As of: January 2024