General Terms and Conditions of Business

1. Scope and Validity

These General Terms and Conditions of Business (Ts & Cs) govern the sale of products via the www.carrera-toys.com website by Stadlbauer Marketing + Vertrieb GmbH.

More generally, the use of our website is subject to the provisions of our Data Protection Policy, which can be downloaded and saved for reference from www.carrera-toys.com/Datenschutz.


2. Online store operator
The operator of this online store is 

Stadlbauer Marketing + Vertrieb Gesellschaft m.b.H.
Rennbahn Allee 1
5412 Puch bei Salzburg
Austria
(Hereafter referred to as “SMV”)

Company registration number: 52240 z
Court of registration: Salzburg District Court/Landesgericht
Legal status: Limited Liability Company
Corporate purpose: Wholesaling of toys and musical instruments
Competent Supervisory Authority: Hallein District Commission
Applicable professional regulations: Commercial Order (Gewerbeordnung) 1994 (www.ris.bka.gv.at)
Memberships: Austrian Chamber of Commerce, Salzburg Chamber of Commerce
VAT Identification Number: ATU33808804
Telephone Number: +43/662/88921-333
Fax: +43/662/88921-9333
E-Mail: shop@carrera-toys.de

3. Order Placement and Contract Formation
The display of products in the online store does not constitute a legally binding offer on the part of SMV; instead, it represents an invitation to the Customer submit an offer. The customer may place the desired products into the shopping cart without obligation and may view the content of the cart at any time, again without obligation, and may also remove products from the cart. If the Customer wishes to acquire the products placed in the cart, the Customer may submit the appropriate order.

3.1 Guest orders and customer accounts
Prior to submitting an order, the Customer may elect to order as a guest or to create a customer account. No registration is required to place an order. Registration makes it possible to place an order in future after entering an e-mail address and password without having to re-enter address details. The Customer is responsible for maintaining the account and its password confidential. If you wish to place an order without registering, you may place an order by clicking on the “Order as guest” button.
In any event, the Customer must provide a forename, surname, billing address and, if different, a delivery address, as well as an e-mail address where the Customer may receive, read, store, and print e-mails from SMV, at the location provided in the online store for this purpose.
By placing an order in the online store, which is concluded by clicking on the “BUY NOW” button, the Customer submits an offer to enter into a purchase contract. Access to the order is provided to the Customer by SMV via the e-mail confirmation which is sent to the e-mail address provided by the Customer.
This confirmation does not constitute acceptance of the Customer’s offer to enter into a contract. The contract between the Customer and SMV is only concluded upon delivery of the ordered goods, in respect of which the Customer receives an e-mail confirmation at the address provided by the Customer.
3.2. VAT Agreement with Business Customers
If you are registered for VAT in a Member State of the European Union, and have received a VAT Identification Number from a Member State of the European Union, you may enter this VAT Identification Number and, subject to the conditions set out below, may use it for purchases made on www.carrera-toys.com. You may only provide your VAT identification number if you have reviewed and agree to the following conditions:
3.2.1. Following validation of your VAT Identification Number, our systems will determine whether your purchases are subject to VAT and will automatically generate a valid invoice within the meaning of the EU VAT Guidelines and local VAT regulations.
3.2.2. If no VAT is charged in respect of your purchases, please ensure that you – to the extent applicable – are liable for meeting your VAT obligations in accordance with the EU VAT Guidelines and local VAT regulations.
3.2.3. You are liable for meeting your obligations in respect of your VAT and other tax returns in accordance with the EU VAT Guidelines and local VAT regulations to the extent that such regulations and guidelines apply.
3.2.4. You represent that the VAT Identification Number and any notification of the allocation of a VAT Identification Number that you submit via www.carrera-toys.com belong to the business that you operate, and that this business is registered for VAT in a Member State of the European Union.
3.2.5. You represent that all transactions entered into via your customer account on www.carrera-toys.com are business transactions of the business to which the VAT Identification Number and the VAT Certificate provided to SMV are allocated.
3.2.6. You represent that the VAT Identification Number, the notification of the allocation of a VAT Identification Number and all other information provided by you is true, accurate, and up-to-date, and that you will immediately provide an update to SMV in respect of such information in the event of any update.
3.2.7. All information, including your VAT Identification Number, will be collected, processed, and managed in accordance with SMV’s General Terms and Conditions of Business and the Data Protection Policy.
3.2.8. SMV reserves the right, where legally permitted by you or any official body, to request further information and to obtain confirmation of the validity of your account information (including, without limitation, your VAT Identification Number and/or VAT Certificate). You hereby permit SMV to request and obtain such information from official bodies to the extent that SMV deems necessary. Moreover, you hereby agree to provide such information to SMV upon request.
3.2.9. SMV reserves the right to invoice you in respect of any VAT that may become due in the event that you provide a VAT Identification Number that is revealed to be invalid, not connected with your business details or which, following a determination of the tax authorities, does not relate to the SMV account holder who places the relevant order. You hereby grant to SMV the right to charge your credit card or account for any uninvoiced VAT.
3.2.10. Please note that you may not use your VAT identification number for purchases of gift vouchers. No VAT is charged on invoices for gift vouchers. VAT falls due, and the invoice is raised, when you use the gift voucher to pay for an order.
3.2.11. You hereby agree to receive invoices in electronic format. Electronic invoices will be provided to you in PDF format in the “My Account” area of the website.

4. Right of Withdrawal

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Cancellation 

Cancellation Rights

You have the right to cancel this contract within a period of fourteen days without any obligation to give a reason. The cancellation period is fourteen days from the day on which you, or a third party nominated by you other than a courier receives the goods 
To exercise your cancellation rights, you must inform us (Stadlbauer Marketing + Vertrieb Gesellschaft m.b.H., Rennbahn Allee 1, 5412 Puch bei Salzburg, Austria, Telephone: +43/662/88921-333, Fax: +43/662/88921-9333, E-mail address: shop@carrera-toys.de) via an unambiguous declaration such as a letter sent by post, a fax, or an e-mail, of your decision to withdraw from the contract. You may complete and submit the standard cancellation form provided on our website for this purpose (but may choose not to do so), or provide another unambiguous declaration. If you make use of this option, you will receive confirmation of receipt of such cancellation without delay (e.g., by e-mail).
To make use of your cancellation rights, it is sufficient to have notified us of your exercise of your cancellation rights prior to the expiry of the cancellation period.

Consequences of Cancellation
If you cancel this contract, we must refund to you all payments that we have received from you (including shipping costs, excluding any additional costs resulting from your selection of a delivery method other than the cheapest standard delivery offered by us) without delay and in any event within fourteen days from the day on which we receive your cancellation notice. We will use the same payment method for this refund as you used for the original transaction except where agreed otherwise with you; in no event will we charge you any fees in respect of this cancellation.
We may decline to make a refund until we have received the return of the goods or until such time as you have provided evidence that you have returned the goods, whichever is earlier.
You must return the goods to us without delay and in any event within fourteen days from the day when you notified us of your cancellation of the contract. This obligation is met within the deadline if the goods are sent within the fourteen-day period.
You must meet the direct costs of returning the goods.
You must account for any loss in value of the goods where such loss in value is attributable to any action on your part that is not necessary to check the nature, characteristic or functionality of the goods.

Exclusions to Cancellation Rights
Cancellation rights do not apply to contracts for the delivery of:
- Goods that are not pre-manufactured, which are made to the Customer’s individual specification or selections, or which are clearly tailored to the Customer’s personal requirements;
- Goods that may spoil quickly or which may quickly exceed their use-by dates;
- Sealed goods which, in the interests of health or hygiene, are not suitable for return, where the seal has been broken after delivery;
- Goods which, due to their nature, have been mixed with other goods following delivery from which they cannot be separated;
- Alcoholic drinks, the price of which was agreed upon entry into the contract, but which could only be delivered no earlier than 30 days following entry into the contract, the current value of which depends on market movements over which the supplier has no influence;
- Sound or video recordings or computer software in sealed packaging, where the seal has been removed after delivery;
- Newspapers, periodicals or magazines, excluding contracts for subscriptions.


End of cancellation notice
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5. Price and Payment
All prices in the online store are given in euro and include the applicable VAT and postage and/or packaging costs. To the extent that any postage or packaging costs are due, these will be calculated separately by SMV and reported as a separate line item. Upon conclusion of the order process, the Customer may select from any of the payment methods shown, namely payment by credit card, PayPal, purchase against invoice, or Klarna. The choice of available payment methods may vary by country. In the event that credit card payment is selected, the card will be charged when the goods are dispatched. The amount of the invoice will be held on your credit card until the goods are dispatched.
Additional terms and conditions for payment against invoice or on credit
Payments may also be made, including in part, by vouchers that the Customer has not received by making a purchase. In the event of cancellation of a contract by the Customer, the reversal of the transaction will result in the issue by SMV of a new voucher with the same value and redemption conditions as the previously redeemed voucher. Where only a portion of the purchase price was settled by the original voucher, SMV will, of course, refund the additional payment made by the Customer to the same payment method as the Customer used when making the original payment.

6. Gift and Promotional Vouchers

We offer gift and promotional vouchers on a general basis. Gift vouchers are vouchers that are available for purchase. Promotional vouchers are vouchers that are not available for purchase, but which are issued in the context of a marketing campaign with a specific validity period.
Please note that different terms and conditions apply to the redemption of gift vouchers and promotional vouchers. Moreover, gift and promotional vouchers are not redeemable against the purchase of all models on sale.

7. Redeeming Promotional Vouchers
Promotional vouchers (vouchers which are not available for purchase, but which are issued as part of a marketing campaign with a specific validity period) are only valid during the stated period and may only be redeemed once during the order process. Individual products may be excluded from the promotional voucher campaign.
The value of goods may, in individual cases, be combined with a minimum order value. For administrative reasons, it is not possible to redeem any outstanding value.
Promotional vouchers may only be redeemed prior to the conclusion of the order process. No retroactive reduction to the price is possible. The holder of a promotional voucher is not entitled to any cash redemption nor to the payment of any interest.
Promotional vouchers may not be assigned to third parties. It is not possible to combine multiple promotional vouchers.
In the event that the value of a promotional voucher is not sufficient to cover the whole order value, the difference may be settled by using one of the supported payment methods.
The promotional voucher will not be refunded if the goods are returned, whether in whole or in part, where the promotional voucher was issued as part of a promotional campaign and no consideration was given to receive such voucher.
Where a promotional voucher is used to make a purchase, we receive the right to charge you for the original price of the goods if, due to your partial cancellation of the contract, the total value of the order falls below the minimum order value for the voucher.

8. Redeeming Gift Vouchers
Gift vouchers (vouchers that are available for purchase) may be redeemed for the purchase of Carrera items. They may not, however, be used for the purchase of further gift vouchers.
The holder of a gift voucher is not entitled to any cash redemption nor to the payment of any interest.
Gift vouchers and credit may only be redeemed prior to the conclusion of the order process. Gift vouchers and credit cannot be redeemed retrospectively.
Cancellation of the purchase of a gift voucher can only be performed by our customer service team when the gift voucher has not been redeemed. A gift voucher has been redeemed when its value, or any part thereof, has been credited against an order.
If the value of the gift voucher is not sufficient is not sufficient to cover the whole order value, the difference may be settled by using one of the supported payment methods.
We are not liable in the event that a voucher is lost, stolen, or rendered unreadable (other than due to our fault).
Gift vouchers may be assigned to third parties. The use of vouchers for commercial purposes is prohibited. The reproduction, editing, or manipulation of vouchers is also prohibited.

9. Shipping

Delivery is made via the normal postal service. Products shown in the online store are, unless expressly indicated to the contrary in the applicable product description, available for immediate dispatch.

10. Warranty and Liability 
Warranty is provided in accordance with the relevant legal provisions.
A two-year warranty applies from the date of purchase.
Claims against this specific manufacturer’s warranty are available only under the following conditions:
• The guarantee applies to demonstrable material or manufacturing defects that were present at the time of purchase of the Carrera product.
• The warranty excludes claims in respect of wear and tear parts (such as friction guides), damage caused by inappropriate handling or misuse, or any outside interference.
• The toy must be used in accordance with the instructions and for its intended purpose.
• Damage/malfunctions are not attributable to force majeure or normal wear and tear.
• Any repairs must only have been carried out by Stadlbauer Marketing & Vertrieb Gesellschaft m.b.H. or a repairer authorised by it.
• This warranty entitles Stadlbauer Marketing + Vertrieb Gesellschaft m.b.H to replace the Carrera product as a whole, repair the product in part, or offer a replacement of equivalent value in its sole discretion. 
• The warranty excludes transportation, packaging, and shipping costs as well as any damage caused by the Customer. The Customer is liable for these costs.
• Warranty claims may only be made by the original purchaser of the Carrera product.
• A warranty card is included in the packaging of every Carrera product for completion. This must be returned together with the defective Carrera product and the purchase receipt or invoice. The warranty card may not be altered for any reason and cannot be replaced.
More information in respect of warranty returns can be found at www.carrera-toys.com/Garantie.
If goods are defective, Stadlbauer’s customer service team is available to contact via the Shop Hotline on +43-662-88921-333 / +49-911-7099-333 (for callers from Germany) from Monday to Thursday (excluding public holidays) from 9 a.m. to 3 p.m. and on Fridays from 9 a.m. to 12 noon (excluding public holidays). Alternatively, goods may be returned to Stadlbauer Marketing + Vertrieb GmbH, Online Store Returns, Handelszentrum 6, 5101 Bergheim, Austria, or For customers from Germany: You are able to print a return label using the following link.
Create return label Please enter a reference number such as your customer ID or order number into the field Customer's reference.
After completing the form you can proceed to print your return Label.

SMV’s liability for damage or wasted costs – on the basis of any legal theory whatsoever – shall apply only where the damages or wasted costs are caused by the culpable breach of a material contractual obligation, or by gross negligence or wilful breach of obligation, on the part of SMV or a party charged with fulfilling SMV’s obligations under this contract. In the event of a culpable breach of a material contractual obligation on the part of SMV or a party charged with fulfilling SMV’s obligations under this contract, SMV’s liability shall be limited to the foreseeable damages of a nature typically incurred. The above limitations and exclusions of liability shall not apply to the extent that SMV is liable under the provisions of the Austrian Product Liability Act or in the event that a claim is successfully brought against SMV in respect of death or personal injury.

11. Out-of-Court Settlement
The EU Commission provides a platform for out-of-court settlements. This provides consumers with the option of clarifying disputes in connection with their online orders without involving a court in the first instance. The dispute resolution platform is available at the following external link: http://ec.europa.eu/consumers/odr/ 
Please contact us directly at shop@carrera-toys.de if you have any questions or issues 

12. Retention of title
Delivered goods remain the property of SMV until paid for in full.

13. Miscellaneous provisions
Subject to mandatory consumer protection regulations, this contract shall be governed exclusively by Austrian law with the exclusion of the UN Convention on the Sale of Goods of 11 April 1980).
Should any individual provisions be or become void or invalid, the remaining provisions of this contract shall not be affected. The applicable statutory provisions shall apply in lieu of the void or invalid provisions hereunder.