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. In this case, the customer is a consumer, insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or self-employed 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 privacy policy, which can be accessed and stored under www.carrera-toys.com/Datenschutz, apply to the use of our website.
The operator of this webshop is
Carrera Toys Gesellschaft m.b.H.
Rennbahn Allee 1
5412 Puch bei Salzburg
ÖSTERREICH
(hereinafter referred to as "CTG")
Managing Director: Stefan Krings
Commercial register number: 52240 z
Court of registration: 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
Sales tax 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 by CTG, but merely represents an invitation to submit an offer by the customer. The customer can place 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 wishes 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 registering, you can enter your address data after clicking on the button "Continue as guest".
In any case, the customer must provide his first and last name, his billing address and, if deviating from this, 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 data entered at any time.
By placing an order in the webshop, which is completed by clicking on the "Order now for a fee" button, the customer submits an offer to conclude a purchase contract. In advance, the customer must accept the terms and conditions of the contract by clicking 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 medium (e-mail or paper printout). The text of the contract will be stored in compliance with data protection regulations.
The contract is concluded in German.
For customers who are entrepreneurs, the following VAT agreement applies: If you are registered for VAT in a member state of the European Union and have received a VAT number from a member state of the European Union, you can provide this VAT number and, subject to the conditions set out below, use it for purchases on www.carrera-toys.com. Do not submit your VAT number unless you have read and accepted all of the terms and conditions listed below.
After verifying your VAT number, our systems will determine whether VAT is applicable to your purchases and will automatically issue a valid invoice in accordance with the EU VAT Directive and local VAT regulations.
If you arenot charged VAT on your purchases, please note that, where applicable, you are responsible for meeting your VAT obligations under the EU VAT Directive and local VAT regulations.
You are responsible for complying with your VAT and other declaration obligations under the EU VAT Directive and local VAT regulations, where applicable.
You warrant that the VAT number and the notice of assignment of a VAT number that youprovide on www.carrera-toys.com belong to the business you operate and that this business is registered for VAT in a member state of the European Union.
You warrant that all transactions made through your customer account on www.carrera-toys.com are business-relevant transactions of the company associated with the VAT number and VAT certificate that you provide to CTG.
You warrant that the VAT number, the notice of assignment of a VAT number and any other information you provide is true, accurate and up-to-date, and you will promptly update such information held by CTG in the event of any changes.
All information, including your VAT number, is collected, processed and managed in accordance with the terms and conditions provided for in CTG's General Terms and Conditions and Privacy Policy.
To the extent permitted by law, CTG reserves the right to request further information from you or government authorities and agencies and to obtain confirmation of the validity of your account information (including your VAT number and/or VAT certificate). You hereby authorize CTG to request and obtain this information from the relevant state authorities and bodies to the extent that CTG deems it necessary. In addition, you agree to share this information with CTG upon request.
CTG reserves the right to charge you for any applicable uncharged VAT if you provide a VAT number that turns out to be invalid or is not linked to your business details or, as determined by the tax authorities, does not relate to the CTG account holder making the order. You hereby grant CTG the right to charge your credit card or account for this uncharged sales tax.
Please note that you cannot use your VAT number for gift card purchases. Invoices for gift card orders do not show sales tax. VAT is due and shown on the invoice as soon as you use a voucher to pay for an order.
You agree that you will receive invoices electronically. Electronic invoices are made available to you in PDF format in the "My Account" section of the website.
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When concluding a distance selling transaction, consumers generally have a statutory right of withdrawal, about which the seller informs below in accordance with the legal model.
Cancellation
Withdrawal
You have the right to revoke this contract within fourteen days without giving any reason. 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) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample revocation form for this purpose, but this is not mandatory.
In order 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.
Consequences of revocation
If you revoke this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we received 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 withhold reimbursement until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the nature, properties and functioning of the goods.
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All prices in the webshop are in euros and include the applicable statutory value added tax and packaging and/or shipping costs. If packaging and/or shipping costs are incurred, these will be calculated and shown separately by CTG. The customer can choose the payment methods displayed at the end of the ordering process, namely payment by credit card, PayPal, purchase on account or Klarna. The available payment methods may vary depending on the country. If you pay 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 General Terms and Conditions for Invoice & Installment Purchase
Payments can also be made (partially) through vouchers. For payment with a gift or promotional voucher, please note the provisions in para. 6 ff.
We generally offer gift vouchers 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 vouchers and promotional vouchers. Furthermore, gift and promotional vouchers cannot be redeemed for all sales models.
Promotional vouchers (vouchers that you cannot purchase, but that we issue as part of advertising campaigns with a certain period of validity) are only valid during the specified period and can only be redeemed once as part of an order process. Individual products may be excluded from the voucher campaign.
In individual cases, the value of the goods may be linked to a minimum order value. For administrative reasons, it is not possible to refund any remaining balance.
Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible. The credit balance of a promotional voucher is neither paid out in cash nor does it earn interest.
The promotional voucher cannot be transferred to third parties. Several promotional vouchers cannot be combined with each other.
If the credit balance of a promotional voucher is not sufficient for the order, the difference can be compensated with the payment options offered.
The promotional voucherwill not be refunded if goods are returned in whole or in part, provided that the promotional voucher was issued as part of a promotional campaign and no consideration was provided for it.
If you order 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 product(s) you are keeping may be less than the value of the promotional voucher. In this case, a refund of the purchase price for the returned product(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 product(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 does it earn interest.
Gift vouchers and credits can only be redeemed before the order process is completed. Gift vouchers and credits cannot be credited retrospectively.
A cancellation of the purchase of a gift voucher can only be made by our customer service if the gift voucher has not yet been redeemed. A gift voucher is deemed to have been redeemed if it has been partially or wholly 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 by CTG 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.
Delivery is made as a standard delivery by post. The shipping risk is borne by the seller if the customer is a consumer.
The products shown in the webshop are ready for immediate shipment, unless expressly stated otherwise in the respective product description. The delivery time is 3 working days, unless a delivery time or a different delivery time is indicated on the website. The calculation of the delivery time takes place from the time of the order confirmation, provided that the purchase price has been paid in advance (with the exception of purchase on account).
The following delivery restrictions apply:
Delivery takes place exclusively in 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.
A 2-year warranty applies from the date of purchase. It should be noted that this guarantee does not limit the customer's legal rights in the event of defects in the goods and that the exercise of these legal rights is free of charge. Claims under the separate manufacturer's warranty only exist under the following conditions:
· The warranty covers demonstrable defects in materials or workmanship that existed at the time of purchase of the Carrera product. Excluded is the warranty claim for wearing parts (such as grinders), damage caused by improper handling/use or in the event of third-party interventions.
· The toy has been handled in accordance with the instruction manual and used as intended.
· The damage/malfunctions are not due to force majeure or operational wear and tear.
· The repair may only be carried out by the company Carrera Toys Gesellschaft m.b.H. or a company authorized by it.
· Within the scope of this warranty, at the option 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.
· Excluded from the warranty are transport, packaging and travel costs as well as damage for which the buyer is responsible. These are to be borne by the buyer.
· Warranty claims can only be claimed by the first purchaser of the Carrera product.
The duly completed warranty card is included in every Carrera product package. This must be sent together with the defective Carrera product, the purchase receipt/invoice/receipt. The warranty card may not be changed arbitrarily and cannot be replaced.
For more information on warranty returns, see www.carrera-toys.com/Garantie.
In the event of faulty goods, the Carrera Toys customer service can be contacted on the shop hotline +43-662-88921-333 / +49-911-7099-333 (for callers from Germany) 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 in using the return labels.
Carrera Toys GmbH, Return Online Shop, Handelszentrum 6, 5101 Bergheim, Austria
Returns from Germany: To receive a return label or to be able to print yourself, please follow the link below. Please enter the note "RETURN" and your reference/order number in the customer reference field.
Create a DHL return label
CTG's liability for damages or futile expenses – regardless of the legal basis – shall only arise if the damage or futile expenses were caused either by CTG or a vicarious agent of CTG through culpable breach of an essential contractual obligation or is attributable to a grossly negligent or intentional breach of duty by CTG or a vicarious agent of CTG. Essential contractual obligations are all obligations, the fulfillment 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 shall not apply if CTG's liability is mandatory on the basis of the provisions of the Product Liability Act or if claims arising from injury to life, limb or health are asserted against CTG.
The EU Commission provides a platform for out-of-court dispute resolution. This gives consumers the opportunity to resolve disputes in connection with their online order without the involvement of a court. The dispute resolution platform can be reached at the external link http://ec.europa.eu/consumers/odr/.
Our e-mail 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 has been made, 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 have the effect of depriving the consumer of the protection of the mandatory provisions of the law of the State in which he has his habitual residence.
Should individual provisions be or become invalid, this shall not affect the remaining provisions. In place of the invalid provision, the relevant statutory provisions shall apply.
As of November 2021