CARBOVATION – TERMS AND CONDITIONS FOR CONSUMERS
1. SCOPE, DEFINITIONS
1.1 These Terms and Conditions for Consumers (“Consumer Ts&Cs”) of carbovation GmbH apply to any legal transaction between carbovation GmbH (“Supplier” or “carbovation”) and customers who are consumers (“Customer”). The Customer is a consumer if the purpose of the items or services ordered is not primarily his or her commercial or independent professional activity. An entrepreneur, conversely, is any natural or legal person or partnership with legal capacity who or which concludes the contract as part of their commercial or independent professional activity.
1.2 Offers, goods and services provided by carbovation to consumers are provided exclusively on the basis of these Consumer Ts&Cs in the version valid when the contract is concluded. Other terms and conditions belonging to the Customer shall not be recognised, unless carbovation expressly agrees to them in writing.
1.3. These Consumer Ts&Cs apply to any items offered for sale to consumers by carbovation, and to services, such as wheel protection, regardless of whether the contract is concluded by letter, internet, telephone or fax.
1.4 carbovation will provide the contractual partner with a copy of these Consumer Ts&Cs upon request. The Consumer Ts&Cs can also be viewed, downloaded and printed online at www.lightweight.info.
1.5 The contractual language is German.
2. SUPPLIER DESIGNATION
The Supplier and contractual partner is carbovation GmbH, represented by its managing directors Carsten Krumm (Chairman), Andreas Wissler and Andreas Balla, registered in the Commercial Register at Ulm District Court under registration number HRB 739191, Otto-Lilienthal-Str. 15, 88046 Friedrichshafen, Germany, telephone: +49 (0) 7541 38 89 12, fax: +49 (0) 7541 38 89 55, email: mail(at)lightweight.info, VAT ID: DE326907564, tax no.: 53082 10938.
3. OFFER AND CONCLUSION OF CONTRACT, PROTECTION OF MINORS
3.1 Presentations of the goods and products, in particular on the internet, as well as drawings, illustrations, weights, prices and dimensions, are non-binding and do not constitute an offer by carbovation; rather they are an invitation to potential consumers to submit offers. There may be differences in quality and design. No liability is accepted for mistakes in printing or presentation.
3.2 The Customer can select products at https://shop.lightweight.info/ and place them in the shopping basket by clicking the “Buy” button at any time. The “Shopping Basket” button provides the Customer with a list of the products in the shopping basket. By clicking the “Checkout” button, the Customer is taken to the order page which contains an overview of the selected products. On the order page, the Customer enters the details needed to conclude the contract and chooses the desired payment and delivery method. The order is summarised on the same page, where it can be checked and corrected if necessary. Once the Customer has agreed to the Ts&Cs by ticking the box, the order can be placed. Only by clicking the “Buy Now” button does the Customer submit a binding order, which is sent to carbovation.
The consumer receives an email from carbovation confirming that the order has been received and listing its details (order confirmation). This order confirmation does not mean the Customer’s offer has been accepted; it merely tells the Customer that their order has been received by carbovation.
The contract is only concluded upon receipt of another email, which is the written order confirmation from carbovation, or upon delivery of the goods.
3.3 We do not sell products to minors, for the sake of their protection. Our products for minors can only be purchased by adults. If you are under 18, you may only purchase our goods with the involvement and consent of a parent or guardian.
3.4 Goods shall only be sold in quantities that are usual for households.
4. CANCELLATION POLICY / RIGHT TO CANCELLATION AND RETURN IN DISTANCE CONTRACTS WITH CONSUMERS
RIGHT TO CANCEL
You have the right to revoke this contract within 14 days, without giving reasons. The cancellation period begins 14 days from the day on which you, or a third party designated by you (who is not the carrier), takes possession of the goods. To exercise your right to cancel, you must inform us,
Fax: +49 (7541) 3889 55
by means of a clear statement (such a letter sent by post, a fax or an email) that you have decided to cancel the agreement. You can use the sample cancellation form provided (download at: https://lightweight.info/de/de/service/widerrufsformular.pdf), but you do not have to. To comply with the cancellation deadline, it is enough to notify us that you are exercising your right to cancel before the cancellation deadline arrives.
CONSEQUENCES OF CANCELLATION
If you withdraw from this agreement, we must reimburse you for any payments we have received from you, including delivery charges (but excluding any additional charges arising from your choosing a different method of delivery from the cheaper standard delivery offered by us), immediately and no later than 14 days from the date on which we receive notice of your withdrawal from the agreement. We will refund you using the same means of payment as you used for the original transaction, unless expressly agreed otherwise with you, and no fees of any kind will be charged 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 send back or hand in the goods to us at the following address immediately, and on no account later than 14 days from the date on which you notified us of the cancellation of the agreement:
The deadline is deemed to have been met if you send the goods off before the end of the 14-day period. You will only have to pay for any loss of value of the goods if that loss of value is due to you handling them beyond the extent necessary for checking their nature, properties and function.
You carry the direct costs of returning the goods.
If you have financed this contract through a loan and you exercise your right of return, then you are no longer bound to the loan agreement either, provided the two contracts form a single economic unit. This is especially likely to be the case if we issued you the loan, or if we assisted the lender in the financing transaction. If the loan has already accrued to us by the time the cancellation or return comes into effect, your lender will, as a consequence of the cancellation or return, take over our rights and obligations that relate to you and that arise from the financed contract. If you wish as far as possible to avoid being bound into a contract, then exercise your right to return and revoke your declaration of intent to conclude the loan agreement.
According to Section 312 d paragraph 4 BGB (German Civil Code), the right to cancel applies to anything rendered, with the exception of goods
- that are made according to customer specifications or clearly tailored to personal requirements (custom-made products);
- that are by their nature unsuitable for return;
- in the case of audio or video recordings or software, if the package containing them has been unsealed by the consumer;
- in the case of newspapers, periodicals and magazines, unless the consumer made their contractual declaration by phone.
SAMPLE CANCELLATION FORM
This cancellation policy and the sample cancellation form are available at the following link: https://lightweight.info/de/de/service/widerrufsformular.pdf. You can view, save and print the documents there.
You do not have to use the sample cancellation form at all.
The Customer is asked to use our shipping packaging so that the goods remain protected. However, you do not have to use our packaging if you are cancelling the order or making a complaint.
6. DELIVERY, AVAILABILITY OF GOODS
6.1 The following delivery times apply to goods in stock. They are approximate. The delivery times are calculated from the time at which we confirm the order, provided the purchase price has been paid in advance (unless purchased on account):
Delivery times to Germany:
• Delivery within 2-3 working days
Delivery times to Liechtenstein, Luxembourg and Switzerland:
• Delivery within 3-8 working days
Delivery times within the EU with the exception of French Guyana, Martinique, Guadeloupe, Réunion, Mayotte, the Canary Islands, Ceuta, Melilla, the Azores and Madeira:
• Delivery within 8-14 working days
Delivery times to all other countries:
• Delivery within 10-21 working days
Some goods in the online shop are specially marked, in which case the stated delivery times apply.
6.2 If goods are not in stock when the order is placed, carbovation will order them straight away, inform the Customer immediately by email and tell them when they are likely to be delivered.
6.3 If the goods are permanently unavailable/undeliverable, carbovation will decline to accept the order and a contract will not be concluded. Anything already paid by the Customer will be refunded without delay.
6.4 The Customer has the right to withdraw from the contract if delivery is delayed by more than three weeks from the due date – in which case carbovation is entitled to withdraw from the contract too. Anything already paid by the Customer will be refunded without delay.
6.5 If you are buying multiple items, we will first send out the items of your order that are in stock so that you don’t have to wait for the others. We will then send the other items as quickly as possible and without additional shipping fees.
6.6 If carbovation has to pay extra shipping costs because an incorrect delivery address and/or addressee has been provided, these costs are to be reimbursed by the Customer, unless the Customer was not responsible for the incorrect details.
6.7 We are entitled to make partial deliveries, provided it is not too inconvenient for you.
7. PRICES AND TERMS OF PAYMENT, SHIPMENT OF GOODS (AND ITS COSTS), OFFSETTING
7.1 The purchase contract is concluded using the prices current at the time of ordering. The total price is made up of the prices described under each product on our website, the applicable statutory VAT and, unless agreed otherwise, the shipping costs incurred, which can also be seen in the shopping basket and which are itemised separately again before each order is sent.
Additional customs duties and taxes may be levied in the country of import if shipping outside the European Community. Further details of customs and import regulations can be obtained from local chambers of industry and commerce or customs offices.
7.2 The purchase price for goods ordered is due immediately upon conclusion of the contract and must be paid in advance within ten days after the invoice or order confirmation is sent. You shall be considered in default if you are responsible for failing to pay your invoice by its due date. If this happens, the entire amount shall be due immediately. If the due date of payment is based on the calendar, then the Customer defaults simply by missing the due date. In the event of default, carbovation is entitled to charge interest on arrears for the year at five percentage points above the relevant basic rate (this rate is available at: https://basiszinssatz.info/aktuell/). carbovation is at liberty to prove that the damage caused by the default is greater, and that there has been other, additional damage.
7.3 carbovation offers various ways of paying for the goods you order. As well as payment in advance, you can pay by credit card or PayPal. Specify your payment method on the order form. We do however reserve the right not to offer certain payment methods and to refer to other ones. The Customer does not have the right to insist on a particular method of payment.
7.3.1 In case of payment in advance, you must transfer the purchase price to carbovation before the goods are shipped to you or the service is rendered.
7.3.2 We accept the following credit cards: Visa, Master Card, American Express. If you pay by credit card, you must provide carbovation with the card number, the CVV number and the expiry date. The purchase price will be reserved on the credit card when the order is placed. The Customer’s credit card account will only actually be charged when we ship the goods to the Customer. Your credit card account will be charged with the invoice amount when the invoice is issued.
7.3.3 In the shopping basket at carbovation’s online shop at https://shop.lightweight.info/ you can choose to pay by PayPal (Europe). If you do so, payment is processed by PayPal (Europe) S.à r.l. & Cie, S.C.A., based in Luxembourg. There you can log in to your PayPal account with the email address you use for PayPal together with your PayPal password, and make the payment. Alternatively, you can pay using a credit card or bank transfer via PayPal without actually having to register with PayPal.
7.4 carbovation will not cover any domestic or foreign bank charges.
7.5 Early payment discounts are not granted.
7.6 The goods will be dispatched once carbovation has received the full amount on the invoice. Shipping risks are carried by the Supplier. If you collect at carbovation’s headquarters, the goods will be handed over once you have paid for them.
7.7 The Customer is only entitled to offset payments if counterclaims are undisputed or established without further legal recourse. But the Customer’s warranty rights shall not be affected if the goods are defective.
8. INSPECTION OF THE GOODS ON DELIVERY / COMPLAINTS
8.1 The Customer or their agent should check the goods for transport damage as soon as they are delivered or received. Transport damage, especially obvious damage, should be reported to carbovation immediately in writing. If there is damage to the packaging, the Customer should get the transport company to confirm this in writing on receipt, and tell the seller immediately. Failure to inspect and notify in this way does not affect the Customer’s rights.
8.2 Used garments should be washed before returning to us in the event of a complaint.
9. RETENTION OF TITLE
The goods will remain the property of carbovation until paid for in full.
10. WARRANTY / WHEEL PROTECTION / CRASH REPLACEMENT
10.1 carbovation’s warranty duties, i.e. its obligations if it delivers defective goods, are governed by the general legal provisions. Complaints should be addressed to:
Telephone: +49 (7541) 3889 12
Fax: +49 (7541) 3889 55
10.2 Customers can extend their rights under further conditions as follows:
- WHEEL PROTECTION – fees apply; conditions can be viewed at: https://lightweight.info/fileadmin/07_Service/Downloads/PDFs/Deutsch/DE_Service_Laufradschutz.pdf
- CrashReplacement – free of charge; conditions can be viewed at: https://lightweight.info/fileadmin/07_Service/Downloads/PDFs/Deutsch/DE_Service_CrashReplacement.pdf.
Claims made on the basis of WHEEL PROTECTION and CrashReplacement are therefore without prejudice to statutory claims/rights.
11.1 The Customer may not make claims for damages. Excluded from this are the Customer’s claims for damages arising from injury to life, limb or health or from a breach of essential contractual obligations (“cardinal duties”) as well as liability for other damages caused by an intentional or grossly negligent breach of duty by the Supplier, its legal representatives or agents. Essential contractual obligations are ones that have to be fulfilled to achieve the purpose of the contract and on whose fulfilment the Customer may ordinarily rely.
11.2 However, in the event of a breach of essential contractual obligations, the Supplier shall only be liable for damages typical of the contract and foreseeable at the time the contract was concluded, provided such damages were caused by simple negligence. This shall not apply, however, if the Customer’s claims for damages involve injury to life, limb or health.
11.3 The limitations in paragraphs 1 and 2 also apply in favour of the Supplier’s legal representatives and agents if claims are asserted directly against them.
11.4 The limitations of liability resulting from paragraphs 1 and 2 do not apply if the supplier has fraudulently concealed a defect or guaranteed the quality of the item. The same applies if the Supplier and the Customer have concluded an agreement on the quality of the item.
11.5 The mandatory provisions of the German Product Liability Act remain unaffected.
12. DATA PRIVACY
12.1 We collect, process and store all of the personal data you provide in accordance with the provisions of German and European data protection law.
12.2 Your personal data needs to be used to process the contract concluded with you. Any use beyond that requires your express consent. For details of the collected data and how they are used, please refer to carbovation’s data protection policy, which is available at https://lightweight.info/datenschutz.
Any images, videos and text published at our online shop, catalogues or in any other way are subject to our copyright or copyright belonging to third parties commissioned by us. Use of these images, videos and text is not permitted without our express consent. We reserve all rights in the event of infringement.
1. FINAL PROVISIONS
14.1 Should one or more terms of these Consumer Ts&Cs be or become invalid, this shall not invalidate the entire contract. The invalid provision(s) shall be replaced by the relevant statutory provision.
14.2 The law of the Federal Republic of Germany shall be deemed to apply to any contracts concluded with us. The UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply. If the Customer’s usual place of residence is in an EU state other than Germany whose national provisions provide greater consumer protection rights than German law, the national provisions of the Customer’s usual place of residence shall apply. (Art. 6 Par. 2 Rome I Regulation).
14.3 The German version of these Ts&Cs is authoritative. Versions of these Ts&Cs in languages other than German are merely there as translations. If there are problems of interpretation or linguistic discrepancies between the foreign and the German version, the German version of these Ts&Cs shall always prevail. 14.4 Dispute resolution: the EU Commission has set up an internet platform for settling disputes online. The platform is a place for the out-of-court settlement of disputes involving contractual obligations arising from online purchase agreements. Further information is available at the following link: http://ec.europa.eu/consumers/odr/. We are neither willing nor obliged to participate in any dispute resolution procedures before a consumer arbitration board.