General Terms and Conditions of Business
These General Terms and Conditions (GTC) govern the sale of products via the website www.carrera-toys.com by Carrera Toys GmbH to you.
customers within the meaning of these terms and conditions are both consumers and entrepreneurs. The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be attributed predominantly to his commercial or independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
In all other respects, the provisions of our data protection declaration, which can be accessed and stored under www.carrera-toys.com/Datenschutz, apply to the use of our Internet offer.
The operator of this webshop is the
Carrera Toys Gesellschaft m.b.H.
Rennbahn Allee 1
5412 Puch near Salzburg
AUSTRIA
(hereinafter referred to as "CTG")
Managing Director: Stefan Krings
company book number: 52240 z
Register court: Landesgericht Salzburg
Legal form: Limited liability company
Object of the company: Wholesale of toys and musical instruments
Competent supervisory authority: Bezirkshauptmannschaft Hallein
Applicable professional regulations: Gewerbeordnung 1994 (www.ris.bka.gv.at)
Memberships: Austrian Federal Economic Chamber, Salzburg Chamber of Commerce
VAT identification number: ATU33808804
Phone number: +43/662/88921-333
Fax: +43/662/88921-510
E-mail: shop@carrera-toys.com
The presentation of the products in the webshop is not a legally binding offer of CTG, but merely represents an invitation to submit an offer by the customer. The customer can place the desired products in the shopping cart without obligation and view the contents of the shopping cart at any time without obligation and also remove products from the shopping cart. If the customer wants to purchase the products placed in the shopping cart, he can place a corresponding order.
Before placing an order, the customer has the choice of ordering as a guest or creating a customer account. Registration is not required for an order. Registration allows you to order for future orders after entering your e-mail address and password without having to enter your address data again. The customer is responsible for the confidential treatment of the account and password. If you want to order without registration, you can enter your address data after clicking on the "Continue as a guest" button.
In any case, the customer must provide his first and last name, his billing address and, if different, a delivery address as well as his e-mail address, from which he can receive, read, save and print e-mails from CTG, at the designated place in the webshop. Before sending the order, the customer can change and view the entered data at any time.
With the execution of an order in the webshop, which is completed by clicking on the button "Order now for a fee", the customer submits an offer to conclude a purchase contract. In advance, the customer must accept the terms and conditions by clicking on the button "I accept the General Terms and Conditions."
The customer will then receive an order confirmation from the seller. With the order confirmation, which represents the acceptance of the application, the contract is concluded. In this e-mail, but at the latest upon delivery of the goods, the terms of the contract will be sent to the customer on a durable data carrier (e-mail or paper printout). The text of the contract is stored in compliance with data protection.
The contract is concluded in German.
Consumers generally have a statutory right of revocation when concluding a distance selling transaction, about which the seller informs in accordance with the statutory model below.
Cancellation
Withdrawal
You have the right to revoke this contract within fourteen days without giving reasons. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.
In order to exercise your right of withdrawal, you must inform us (Carrera Toys Gesellschaft m.b.H., Rennbahn Allee 1, 5412 Puch bei Salzburg, Austria, Telephone number: +43/662/88921-333, Fax number: +43/662/88921-510, E-mail address: shop@carrera-toys.com) of your decision to withdraw from this contract by means of a clear declaration (e.B. a letter sent by post, fax or e-mail). You can use the attached model withdrawal form, but this is not mandatory.
To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Effects of revocation
If you withdraw from this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we have received the notification of your revocation of 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; under no circumstances will you be charged any fees for this repayment.
We may refuse reimbursement until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case at the latest within fourteen days from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You bear the direct costs of returning the goods.
You only have to pay for any loss of value of the goods if this loss of value is due to handling of you that is not necessary to check the nature, characteristics and functioning of the goods.
All prices in the webshop are in euros and include the applicable statutory value added tax and including packaging and/or shipping costs. If packaging and/or shipping costs are incurred, these will be calculated and shown separately by CTG. The customer has at his disposal the payment methods displayed at the end of the order process according to his choice, namely payment by credit card, PayPal, or Klarna. The payment methods available may vary by country. In the case of payment by credit card, this will be charged when the goods are shipped. Until the order is shipped, the invoice amount will be reserved on your card.
Additional Terms and Conditions for Invoice & Installment Purchase
payments can also be made (partially) through vouchers. For a payment with a gift or promotional voucher, please note the provisions in para. 6 ff.
We generally offer gift and promotional vouchers. Gift vouchers are vouchers that you can purchase. Promotional vouchers are vouchers that you cannot purchase, but that we issue as part of advertising campaigns with a certain period of validity.
Please note that different terms and conditions apply to gift and promotional vouchers. Furthermore, gift and promotional vouchers cannot be redeemed for all sales models.
vouchers (vouchers that you cannot purchase, but that we issue as part of advertising campaigns with a certain period of validity) are only valid for the specified period and can only be redeemed once as part of an order process. Individual products may be excluded from the voucher campaign.
The value of the goods may be coupled with a minimum order value in individual cases. For administrative reasons, it is not possible to refund any remaining credit.
vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible. The balance of a promotional voucher is neither paid out in cash nor interest.
The promotional voucher cannot be transferred to third parties. Multiple promotional vouchers cannot be combined with each other.
If the balance of a promotional voucher is not sufficient for the order, the difference can be compensated with the payment options offered.
The promotional voucher will not be refunded if goods are returned in whole or in part, provided that the promotional voucher has been issued as part of a promotion and no consideration has been provided for it.
When ordering several goods, you have the option of making a partial revocation. If you have used a promotional voucher as part of your order, the value of the goods(s) you keep may be less than the value of the promotional voucher. In this case, a refund of the purchase price for the returned goods(s) would lead to an indirect payment of the promotional voucher. Therefore, we reserve the right to charge you the original purchase price of the goods(s) you keep.
gift vouchers (vouchers that you can purchase) can be redeemed for the purchase of Carrera items. However, they cannot be used to purchase additional gift vouchers.
The balance of a gift voucher is neither paid out in cash nor interest.
vouchers and credits can only be redeemed before the order process is completed. Gift vouchers and credits cannot be credited retrospectively.
The purchase of a gift voucher can only be cancelled by our customer service if the gift voucher has not yet been redeemed. A gift voucher is considered redeemed if it has been partially or completely offset against an order.
If the balance of a gift voucher is not sufficient for the order, the difference can be compensated with the payment options offered.
We assume no liability in the event of loss, theft or illegibility of gift vouchers for which we are not responsible.
The gift voucher is transferable. The use of the vouchers for commercial purposes is not permitted. The duplication, editing or manipulation of the vouchers is also not permitted.
In the event of revocation of a concluded purchase contract by the customer, a new voucher will be issued to the customer when the transaction is reversed, which corresponds to the redeemed voucher in terms of value and other redemption conditions. If only part of the purchase price has been paid by such a voucher, CTG will of course refund the additional payment made by the customer in full using the same means of payment that the customer used for the original transaction.
Eliver delivery is made by post as standard delivery. The shipping risk is borne by the seller if the customer is a consumer.
The products presented in the webshop are immediately ready for dispatch, unless expressly stated otherwise in the respective product description. The delivery time is 3 working days, unless no or no deviating delivery time is indicated on the website. The delivery time is calculated from the time of the order confirmation, provided that the purchase price is paid in advance (with the exception of purchase on account).
There are the following delivery restrictions:
delivery takes place exclusively to the following countries
Austria, Germany, Belgium, Estonia, Finland, France, Ireland, Italy, Latvia, Luxembourg, Netherlands, Portugal, Slovakia, Slovenia, Spain, Croatia, Poland, Romania, Sweden, Czech Republic, Hungary, Denmark, Monaco, Greece, Cyprus, Malta, Bulgaria, Lithuania
The warranty is provided in accordance with the statutory provisions.
The statutory warranty applies for 2 years from the date of purchase. It is pointed out that this warranty does not restrict the legal rights of the customer in the event of defects in the goods and that the use of these legal rights is free of charge. This only exists under the following conditions:
· The warranty includes demonstrable material or manufacturing defects that existed at the time of purchase of the Carrera product. Excluded is the warranty claim for wear parts (such as .B grinders), damage due to improper handling/use or in the event of external intervention.
· The toy has been treated according to the operating instructions and used as intended.
· The damage/malfunctions are not due to force majeure or operational wear.
· The repair may only be carried out by Carrera Toys Gesellschaft m.b.H. or a company authorized by it.
· Under this warranty, at the discretion of Carrera Toys Gesellschaft m.b.H., the Carrera product as a whole or only the defective parts will be replaced or an equivalent replacement will be granted.
· Transport, packaging and travel costs as well as damages for which the buyer is responsible are excluded from the warranty. These are to be borne by the buyer.
· The warranty claims can only be claimed by the first purchaser of the Carrera product.
The duly completed warranty card is in every Carrera product pack. This must be sent together with the defective Carrera product, the purchase receipt/invoice/receipt. The card may not be changed on its own authority and cannot be replaced.
Further information on returns under warranty can be found at www.carrera-toys.com/Garantie.
In the case of defective goods, the Carrera Toys customer service must be contacted at the shop hotline +43-662-88921-333 / +49-911-7099-333 (for callers from DE) from Monday to Thursday (weekdays) from 9 a.m. to 3 p.m. and Friday from 9 a.m. to 12 p.m. (weekdays).
The goods can only be sent using the return labels.
Carrera Toys GmbH, Retoure Online Shop, Handelszentrum 6, 5101 Bergheim, Austria
Returns from Germany: To receive a return label or to be able to print it yourself, please follow the link below. Please enter the note "RETOURE" and your reference / order number in the Customer reference field.
All other returns:
The submission must be submitted via a GLS return label. To receive a return label or to be able to print it yourself, please follow the link below. Please enter the note "RETURN" in the field Reason for return.
THE liability of CTG for damages or futile expenses – regardless of the legal basis – only occurs if the damage or the futile expenses were caused either by CTG or a vicarious agent of CTG by culpable violation of an essential contractual obligation or is due to a grossly negligent or intentional breach of duty by CTG or a vicarious agent of CTG. Essential contractual obligations are all obligations the fulfilment of which is essential for the proper execution of the contract and on the observance of which the customer regularly relies and may rely. In the event of a breach of an essential contractual obligation by CTG or a vicarious agent of CTG, without gross negligence or intent, CTG's liability shall be limited to the foreseeable, typically occurring damage. The above limitations of liability do not apply if CTG's liability is mandatory on the basis of the provisions of the Product Liability Act or if claims are asserted against CTG arising from injury to life, limb or health.
The liability for goods with digital elements as well as for digital services that the consumer is provided with those updates during the periods specified in § 7 para 2 VGG – after prior information – that are necessary for the goods or the digital service to continue to comply with the contract, is hereby excluded. The obligation of the entrepreneur to update the consumer is explicitly excluded.
The EU Commission provides a platform for out-of-court dispute resolution. This gives consumers the opportunity to settle disputes in connection with their online order initially without the involvement of a court. The dispute resolution platform can be accessed under the external link http://ec.europa.eu/consumers/odr/.
Our email address is: shop@carrera-toys.com
The seller is neither obliged nor willing to participate in dispute resolution proceedings at a consumer arbitration board.
Until full payment, the delivered product remains the property of CTG.
This contract is subject exclusively to Austrian law, with the exception of the UN Convention on Contracts for the International Sale of Goods (United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980). However, this choice of law does not deprive the consumer of the protection of the mandatory provisions of the law of the state in which he has his habitual residence.
If individual provisions are or become invalid, this shall not affect the remaining provisions. Instead of the invalid provision, the relevant statutory provisions shall apply.
Status: November 2021