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II Acquisition/term of club membership
1. Club membership is required to use the Carrera Club. The customer has the option of selecting a corresponding club membership in the Carrera online store. The ordering process is carried out in accordance with Section 3 of the General Terms and Conditions of the online store. Notwithstanding Section 5 of the General Terms and Conditions of the online store, however, the customer may only use the following payment methods to pay the price of the club membership: Credit card, Klarna and gift and promotional vouchers.
2. The Club Membership contract (hereinafter "Club Membership") is initially concluded for a term of twelve (12) months. The Club Membership is then automatically extended for an indefinite period.
3. Club Membership can be terminated at any time during the first year of membership by sending a message via the termination button on the website, so that Club Membership ends at the end of the twelve (12) months. If the club membership has been extended indefinitely, the club member may terminate it at any time with one (1) month's notice.
4. Carrera may terminate the club membership by e-mail to the club member subject to the same notice periods as in the previous section.
5. If the club membership ends, it is then no longer possible to use the member account or the club benefits (see section III).

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III. scope of services of the club membership
1. Club membership includes the following services, functionalities and benefits for club members:

· Use of the club area
· Access to exclusive products and special models for club members in the online store
· Price advantages for the online store
· Club newsletter
· Annual club event

2 The exclusive special models for the Carrera Club are published once a year (subject to availability) and can be ordered via the Carrera online store. The prerequisite for the purchase of a special model is an existing Club membership at the time of the release of the special model. The provisions of the General Terms and Conditions of the online store apply to the ordering process and the purchase of special models and other exclusive products for club members, unless otherwise stipulated in these General Terms and Conditions.

3. if the club member receives price advantages for the online store in the form of promotional vouchers, the provisions in Section 6 et seq. of the General Terms and Conditions of the online store apply to the redemption of these vouchers - unless otherwise stated in the promotional voucher itself.

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IV. Price of club membership
1. The price of club membership is stated on the Carrera website and includes the applicable statutory value added tax.
2. When purchasing club membership, the customer has the option of choosing between an annual and a monthly direct debit. This does not affect the term of the club membership in accordance with Section II.2.
3. Carrera reserves the right to change prices (both price reductions and price increases), which may occur due to changes in labor and material costs, taxes and higher costs for product improvements, among other things. Increases in the aforementioned costs only lead to a price increase if they are not offset by decreasing costs in another area. The same applies accordingly to a price reduction. Carrera will choose the timing of price changes in such a way that cost reductions have at least the same effect on prices as cost increases. Carrera will notify the Club member of price changes in text form three (3) weeks before the price change comes into effect. In the event of a price change, the club member has the right to terminate the club membership in text form without observing a notice period at the time the change comes into effect. The Club member will be informed of this in the notification of the price change. Otherwise, § 315 BGB remains unaffected.

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V. Terms of use for the club area
In order to use the club area, it is necessary to set up a member account. With regard to the processing of personal data in the context of the member account, please refer to Carrera's privacy policy. As soon as registration as a club member has taken place, the club member has access to the club area via our website. The following terms of use apply to the use of the club area.

1. access/availability/changes to the functionalities
1.1 Carrera will endeavor to keep the club area available without interruption. However, there is no entitlement to this.
1.2 The establishment and availability of the data connection is not part of the Club membership. Club members are therefore solely responsible for the selection and functionality of their data connection, including the transmission paths. Carrera has no influence on the connection costs.
1.3 Carrera is entitled, without prejudice to the assertion of other rights, to prohibit the club member from accessing the club area at any time and to block it in accordance with Section V.7 if the club member violates the terms of use.
1.4 Carrera is entitled to make changes to the club area if this is necessary to adapt to a new technical environment, an increased number of users, to improve usability or for other important operational reasons.

2 Scope of services

The following functionalities in particular are available when using the Club Area:

· Communication with other Club members in the forum via chat, images and videos
· Test reports etc.

3. basic obligations of the club member

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3.1 The Club Member is obliged to use the Club Area in accordance with this Section V and in compliance with applicable law.

3.2 When using a password, appropriate security measures must be observed. For example, a password should be at least 8 characters long and, if possible, always consist of a combination of upper and lower case letters, numbers and special characters. Trivial passwords such as "ABC" or keyboard sequences (e.g. "qwert" or "asdfgh"), all types of names (e.g. of friends, acquaintances, colleagues, family members, pets), city and building names, comic figures, car brands, license plates, terms, dates of birth, telephone numbers, common abbreviations, etc. are problematic in this respect.

3.3 The Club member is obliged to provide truthful information during registration and in the member account and to keep this information up to date at all times. If a change occurs to the data provided during the period of use, the Club member shall update this immediately within the personal settings of the member account.

3.4 Login data must be kept strictly confidential. If a disclosure has nevertheless been made, for example to enable access to certain data by third parties in an emergency, the password must be changed immediately. In addition, Carrera must be informed immediately as soon as and insofar as there are indications of imminent or existing password misuse in order to block access and subsequently store a new password. For your own protection, it is prohibited to reuse passwords that have already been used.

4 Prohibited actions

4.

4.1 The Club member undertakes not to offer any activities or post, disseminate or carry out any content within the scope of using the Club area that violates legal prohibitions, common decency, the rights of third parties and/or the following regulations.

4.2 Prohibited activities/content are in particular

· those in the area of "eroticism" or "pornography";

· Services that violate the regulations for protection against illegal employment, such as the Act to Combat Illegal Employment and Illegal Employment (SchwarzArbG), the Youth Protection Act or data protection regulations;

· offering or advertising services that are not in line with the purpose of the Club Area or that have not been agreed with and approved by Carrera in advance.

4.3 Club members are also prohibited from the following actions:

· the distribution of viruses, Trojans and other harmful files;
· gaining access to and/or using data that is not intended for him or her and that is specially secured against unauthorized access, by overcoming the access security;
· the sending of junk or spam mails and chain letters;
· the distribution of offensive, indecent, sexually explicit, obscene or defamatory content or communication as well as such content or communication that is not intended for him or her. communication as well as content or communication that is likely to promote or support racism, fanaticism, hatred, physical violence or unlawful acts (in each case explicitly or implicitly). (in each case explicitly or implicitly);
· harassing other club members, e.g. by contacting them personally several times without or contrary to the reaction of other club members, as well as promoting or supporting such harassment;
· requesting other club members to disclose passwords or personal data for commercial or unlawful purposes; unlawful purposes;
· the distribution and/or public reproduction of content available in the Club Area, unless this is expressly permitted by the respective author or is expressly provided for in the sense and purpose of the functionality of the Club Area.

4.4 The club member is also prohibited from any action that is likely to impair the smooth operation of the club area, in particular to place an excessive load on the network systems.

4.5 If the club member becomes aware of any illegal, abusive, contrary to the user agreement or otherwise unauthorized use of the club area, the club member is obliged to contact Carrera. Carrera will then investigate the matter and take appropriate action if necessary.

4.6 If there is a suspicion of illegal or punishable acts, Carrera is entitled and, if necessary, obliged to check the activities of the Club member and, if necessary, to take appropriate legal action. This may also include forwarding the facts of the case to the public prosecutor's office.

5 Content provided by the club member

5.

5.1 Club members are fully responsible for the content they post. Carrera does not check the content for completeness, correctness, legality, topicality, quality and suitability for a specific purpose.

5.2 The club member undertakes not to make any content publicly accessible within the club area that constitutes a breach of competition or a breach of relevant professional regulations or that infringes the rights of third parties, such as trademark rights, copyrights and ancillary copyrights, title protection rights or personal rights, and to make publicly accessible only such content for the specific use of which the club member has a sole right or is otherwise entitled (e.g. through a license or permission from the rights holder).

5.3 Carrera reserves the right to temporarily remove the specific infringing content from the profile in the event of an indication of possible legal violations caused by the Club member or in the event of existing indications that suggest a legal violation, and then to investigate the factual and legal situation with regard to the alleged violation (notice-and-takedown procedure). The club member will cooperate with Carrera as part of the investigation in order to enable clarification as soon as possible. Carrera will, however, take into account the legitimate interests of the club member and choose the mildest means of defense against the violation.

5.4 In the case of obvious and serious violations, Carrera is entitled to immediately and permanently remove the infringing content from the Club member's profile. Carrera will inform the Club member of the taking of such measures.

6 Right of use

6.

6.1 The club member is granted a non-exclusive (simple), non-sublicensable and non-transferable right to use the club area, limited to the term of the respective contractual relationship. The Club Area may only be used within the intended scope of functions in accordance with these Terms of Use.

6.2 In particular, the Club Member is not permitted to provide access to the Club Area to third parties for a fee or free of charge or to exploit the Club Area commercially in any other way. Finally, no rights to the Club Area may be rented, leased or otherwise transferred.

6.3 The club member is entitled to access and display the content available within the club area online exclusively for personal purposes while using the club area. The club member is not permitted to edit, present, make publicly accessible, publish or distribute content in whole or in part beyond this, unless such use is expressly permitted under these terms of use or is deliberately enabled by a special functionality within the club area (e.g. by a download button).

7 Blocking

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7.1 Carrera is entitled to temporarily or permanently block the Club Member's profile if and as soon as there are concrete indications of a violation of the prohibitions and content restrictions regulated in Sections V.4 and V.5 and/or applicable legal norms and/or these Terms of Use. When deciding whether to block a member, Carrera will give due consideration to the legitimate interests of the club member.

7.2 Carrera will notify the Club member in advance by email of any intended blocking, stating the reason, and give the Club member the opportunity to comment on the matter. After the club member has responded, Carrera will make the final decision on any blocking and inform the club member of the result by email.

7.3 In the event of a temporary suspension, Carrera will restore the Club member's profile after a necessary and reasonable suspension period and inform the Club member by email.

7.4 In the event of a permanent suspension, reactivation of the profile is not possible. Permanently blocked Club Members are permanently excluded from using the Club Area and may not register again.

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VI. right of withdrawal with regard to club membership
Consumers have a statutory right of withdrawal when concluding a distance selling transaction, about which Carrera provides information below in accordance with the statutory model.

Cancellation policy

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the date of conclusion of the contract.

To exercise the right to cancel, you must inform us (Carrera Toys Gesellschaft m.b.H., Rennbahn Allee 1, 5412 Puch bei Salzburg, Österreich, +43/662/88921-333, shop@carrera-toys.com) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.

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.

Consequences 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. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment.

If you have requested that the services should commence during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time at which you inform us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.

Expiry of the right of withdrawal

Your right of withdrawal expires prematurely if we have provided the service in full and have only begun to provide the service after you have given your express consent and at the same time confirmed your knowledge that you will lose your right of withdrawal if we have fulfilled the contract in full.

Sample withdrawal form

If you wish to withdraw from the contract, please complete this form and return it to Carrera Toys Gesellschaft m.b.H., Rennbahn Allee 1, 5412 Puch bei Salzburg, Austria, shop@carrera-toys.com:

-I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
-Ordered on (*)/received on (*)
-Name of the consumer(s)
-Address of the consumer(s)
-Signature of the consumer(s) (only in case of notification on paper)
-Date

(*) Delete as appropriate.

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VII Liability
1. Carrera's liability for damages of any kind is excluded. This exclusion does not apply to claims for damages by the club member arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) or to liability for other damages based on an intentional or grossly negligent breach of duty by Carrera, its legal representatives or vicarious agents. Essential contractual obligations are all obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the club member regularly relies and may rely.

2. in cases of negligent breach (simple negligence) of material contractual obligations, Carrera shall only be liable for foreseeable damage typical of the contract, unless the Club member's claims for damages are based on injury to life, limb or health.

3. the provisions of the Product Liability Act remain unaffected. Liability in the event of a guarantee also remains unaffected.

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VIII. Data protection
1. It is Carrera's quality standard to handle the personal data of Club members responsibly. Carrera will therefore only collect, store and process the personal data processed in connection with the registration as a Club member and the use of the available services to the extent that this is necessary for the provision of services in accordance with the intended use and is permitted by law or ordered by the legislator. Carrera will treat personal data confidentially and in accordance with the provisions of applicable data protection law and will not pass it on to third parties. Details can be found in the privacy policy (see website).

2 Please note that you are responsible for the content of your communication. In this context, please always observe the statutory provisions, in particular with regard to the processing of special categories of personal data and the breach of confidentiality of the word § 201 StGB and of private secrets in accordance with § 203 StGB.

3. the club member is aware that the content in the forum can be accessed by other authorized club members.

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IX. Dispute resolution
1. The European Commission provides a platform for online dispute resolution for consumer disputes, which can be accessed via the following link: http://ec.europa.eu/consumers/odr/

2. our e-mail address is: carreraclub@carrera-toys.com

3. carrera is neither obliged nor willing to participate in dispute resolution proceedings at a consumer arbitration board.

X. Final provisions
The law of the Federal Republic of Germany applies to contracts between Carrera and the club member, excluding the UN Convention on Contracts for the International Sale of Goods. However, this choice of law does not result in the Club member being deprived of the protection of the mandatory provisions of the law of the country in which he has his habitual residence.

Status: March 2023