GTC

General Terms and Conditions
1. Geltungsbereich

These General Terms and Conditions (GTC) govern the sale of products via the website www.carrera-revell.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 predominantly attributed 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 their commercial or independent professional activity.

In addition, the provisions of our privacy policy, which can be accessed and saved under www.carrera-revell.com/Data protection, apply to the use of our website.

2. Webshop-Betreiber

The operator of this webshop is the

 

Carrera Toys Gesellschaft m.b.H.
Rennbahn Allee 1
5412 Puch bei Salzburg
ÖSTERREICH
(hereinafter referred to as "CTG" for short)

Managing Director: Stefan Krings

Company register number: 52240 z
Register court: Landesgericht Salzburg
Legal form: Limited liability company
Business purpose: Wholesale of toys and musical instruments
Competent supervisory authority: District authority Hallein
Applicable professional regulations: Trade Regulations 1994 (www.ris.bka.gv.at)
Memberships: Wirtschaftskammer Österreich, Wirtschaftskammer Salzburg
Umsatzsteuer-Identifikationsnummer: ATU33808804
Telefonnummer: +43/662/88921-333
Telefax: +43/662/88921-510

E-mail: shop@carrera-revell.com

3. Order and conclusion of contract

The presentation of the products in the webshop is not a legally binding offer by CTG, but merely represents an invitation to the customer to submit an offer. 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, they can place a corresponding order.

3.1 Guest order and customer account

Before placing an order, the customer has the choice of ordering as a guest or creating a customer account. Registration is not required to place an order. Registration enables you to place future orders after entering your e-mail address and password without having to enter your address details again. The customer is responsible for the confidential treatment of the account and password. If you wish to order without registering, you can enter your address details after clicking the "Continue as 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 in the space provided in the web store. Before submitting the order, the customer can change and view the data entered at any time.

By placing an order in the online store, which is completed by clicking on the "Order now for a fee" button, the customer submits an offer to conclude a purchase contract. The customer must first accept the contractual terms and conditions by clicking the "I accept the General Terms and Conditions" button.

The customer then receives an order confirmation from the seller. The contract is concluded with the order confirmation, which constitutes acceptance of the application. In this email, but at the latest upon delivery of the goods, the terms of the contract are sent to the customer on a durable medium (email or paper printout). The text of the contract is stored in compliance with data protection regulations.

The contract is concluded in the German language.

3.2. VAT agreement with corporate customers

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 identification number from a member state of the European Union, you can provide this VAT identification number and, subject to the conditions listed below, use it for purchases on www.carrera-revell.com . Only submit your VAT number if you have read and accepted all the conditions listed below.

Our systems will determine whether VAT is due on your purchases after verifying your VAT number and will automatically issue a valid invoice in accordance with the EU VAT Directive and local VAT regulations.

If you are not charged VAT on your purchases, please note that you are responsible for complying with your VAT obligations under the EU VAT Directive and local VAT regulations, where applicable.

You are responsible for complying with your VAT and other declaration obligations under the EU VAT Directive and local VAT regulations, where applicable.

You confirm that the VAT number and the VAT registration number that you provide on www.carrera-revell.com belong to the business that you operate and that this business is registered for VAT in a member state of the European Union.

You represent that all transactions through your customer account on www.carrera-revell.com are business related transactions of the business associated with the VAT number and VAT certificate you provide to CTG.

You represent that the VAT number, the VAT number allocation notice and any other information you provide is true, accurate and current, and you will promptly update this information on file with CTG in the event of any changes.

All information, including your VAT number, will be collected, processed and managed in accordance with the conditions set out in CTG's General Terms and Conditions and Privacy Policy.

CTG reserves the right, to the extent permitted by law, to request further information from you or governmental authorities and agencies and to obtain confirmation of the validity of your account information (including your VAT identification number and/or VAT certificate). You hereby authorize CTG to request and obtain such information from the relevant governmental authorities and agencies as CTG deems necessary. You also agree to provide this information to CTG upon request.

CTG reserves the right to charge you any applicable unbilled sales tax if you provide a sales tax identification number that proves to be invalid or is not associated with your business information or is determined by tax authorities not to relate to the CTG account holder placing the order. You hereby authorize CTG to charge your credit card or account for this unbilled sales tax.

Please note that you cannot use your sales tax identification number for gift certificate purchases. Invoices for gift voucher orders do not show VAT. VAT will be due and shown on the invoice as soon as you use a gift voucher to pay for an order.

You agree to receive invoices electronically. Electronic invoices will be made available to you in PDF format in the "My Account" section of the website.

4. Right of withdrawal

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Consumers generally have a statutory right of withdrawal when concluding a distance selling transaction, about which the seller provides information below in accordance with the statutory model.

 

Widerrufsbelehrung

Widerrufsrecht

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.

To exercise the right to cancel, 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-revell.com) of your decision to cancel by a clear statement (z.B. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample withdrawal form for this purpose, but this is not mandatory.

To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

 

Consequences of the 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.

We may withhold reimbursement until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is the earliest.

You must return or hand over the goods to us immediately and in any event no later than fourteen days from the date on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.

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 by you that is not necessary for checking the nature, properties and functioning of the goods.

 

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5. prices and payment

All prices in the webshop are in euros and include the applicable statutory VAT 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 from the payment methods displayed at the end of the order process, namely payment by credit card, PayPal, purchase on account or Klarna. The payment methods available may vary depending on the country. If you pay by credit card, this will be charged when the goods are dispatched. The invoice amount will be reserved on your card until the order is shipped.

Additional terms and conditions for invoice & installment purchase

Payments can also be made (in part) using vouchers. For payment with a gift or promotional voucher, please note the provisions in section 6 et seq.

6. gift and promotional vouchers

We generally offer gift and promotional vouchers. Gift vouchers are vouchers that you can purchase. Promotional vouchers are vouchers that you cannot purchase, but which we issue as part of advertising campaigns with a specific validity period.

Please note that different terms and conditions apply to gift vouchers and promotional vouchers. Furthermore, gift and promotional vouchers are not redeemable for all sales models.

7. Redemption of promotional vouchers

Promotional vouchers (vouchers that you cannot purchase, but which we issue as part of advertising campaigns with a specific validity period) 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 promotion.

In individual cases, the value of goods may be linked to a minimum order value. For administrative reasons, it is not possible to refund any remaining credit.

Promotional vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible. The balance of a promotional voucher is neither paid out in cash nor does it bear 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 settled using 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 was issued as part of a promotion and no consideration was provided in return.

If you order several goods, you have the option of making a partial withdrawal. If you have used a promotional voucher as part of your order, the value of the item(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 item(s) would result in an indirect payment of the promotional voucher. We therefore reserve the right to charge you the original purchase price of the item(s) you are keeping. 

8. Redemption of gift vouchers

Gift vouchers (vouchers that you can purchase) can be redeemed for the purchase of Carreraarticles. However, they cannot be used for the purchase of other gift vouchers.

The balance of a gift voucher is neither paid out in cash nor does it bear interest.

Gift vouchers and credit balances can only be redeemed before the order process is completed. Gift vouchers and credit balances cannot be credited retrospectively.

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 fully offset against an order.

If the balance of a gift voucher is not sufficient for the order, the difference can be settled using the payment options offered.

We accept no liability for the loss, theft or illegibility of gift vouchers for which we are not responsible.

The gift voucher is transferable. The use of gift vouchers for commercial purposes is not permitted. Duplicating, editing or manipulating the vouchers is also not permitted.

In the event that the customer cancels a concluded purchase contract, CTG will issue the customer with a new voucher that corresponds to the redeemed voucher in terms of value and other redemption conditions when the transaction is reversed. If only part of the purchase price was 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 used by the customer in the original transaction.

9. Versand

Delivery is carried out as standard delivery by post. The seller bears the shipping risk 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 different delivery time is specified on the website. The delivery time is calculated from the time of order confirmation, subject to prior payment of the purchase price (with the exception of purchase on account).

The following delivery restrictions apply:

Delivery is made 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

10. Gewährleistung

The warranty is provided in accordance with the statutory provisions.

The warranty is valid for 2 years from the date of purchase. It should be noted that this warranty does not restrict the customer's statutory rights in the event of defects in the goods and that the use of these statutory rights is free of charge. Claims under the separate manufacturer's warranty are only valid under the following conditions:

-         The warranty covers verifiable material or manufacturing defects that were present at the time of purchase of the Carreraproduct. The warranty does not cover wear parts (such as z.B. grinders), damage caused by improper handling/use or third-party intervention.

-         The toy has been handled in accordance with the operating instructions 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.

-         Under this warranty, at the option of Carrera Toys Gesellschaft m.b.H. the Carreraproduct as a whole or only the defective parts will be replaced or an equivalent replacement will be provided.

-         Excluded from the warranty are transportation, packaging and travel costs as well as damage for which the buyer is responsible. These are to be borne by the buyer.

-         The warranty claims can only be made by the original purchaser of the Carreraproduct.

The duly completed warranty card is included in every Carreraproduct package. This must be sent in together with the defective Carreraproduct, the purchase receipt/invoice/receipt. The warranty card may not be changed without authorization and cannot be replaced.

For more information on returns under warranty, see www.carrera-revell.com/Warranty.

In the event of faulty goods, please contact Carrera Toys customer service on the store hotline +43-662-88921-333/+49-911-7099-333 (for callers from Germany) from Monday to Thursday (weekdays) from 9 am to 3 pm and Friday from 9 am to 12 pm (weekdays).

The goods can only be returned using the returns label.

Carrera Toys GmbH, Retoure Online Shop, Handelszentrum 6, 5101 Bergheim, Austria

Returns from Germany: To receive a returns label or to print one yourself, please follow the link below. Please enter "RETOURE" and your reference/order number in the customer reference field.

Create DHL returns label

11. Haftung

CTG's liability for damages or futile expenses - regardless of the legal grounds - shall only apply if the damage or futile expenses have been caused either by CTG or a vicarious agent of CTG through culpable breach of a material contractual obligation or are attributable to a grossly negligent or intentional breach of duty by CTG or a vicarious agent of CTG. Essential contractual obligations are all obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the customer regularly relies and may rely. In the event of a breach of a material contractual obligation by CTG or a vicarious agent of CTG, without gross negligence or intent, CTG's liability is limited to the foreseeable, typically occurring damage. The above limitations of liability do not apply if CTG's liability is mandatory due to the provisions of the Product Liability Act or if claims arising from injury to life, limb or health are asserted against CTG.

12. Außergerichtliche Streitschlichtung

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 initially without the involvement of a court. The dispute resolution platform can be accessed via the external link http://ec.europa.eu/consumers/odr/ .

Our e-mail address is: shop@carrera-revell.com

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

13. Eigentumsvorbehalt

Until full payment has been made, the delivered product remains the property of CTG.

14. Schlussbestimmungen

This contract shall be governed exclusively by Austrian law with the exception of the UN Sales Convention (United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980). However, this choice of law does not result in the consumer being deprived of the protection of the mandatory provisions of the law of the country in which he has his habitual residence.

If individual provisions are or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by the relevant statutory provisions.

 

As of: November 2021