GENERAL TERMS AND CONDITIONS
Terms of contract within the framework of sales contracts concluded via the platform between
Color Crew GmbH - in the following "provider" -
and
the customer designated in § 2 of the contract - hereinafter referred to as "Customer" - - and
can be closed.
Color Crew GmbH - in the following "provider" -
and
the customer designated in § 2 of the contract - hereinafter referred to as "Customer" - - and
can be closed.
§ 1 Scope of application, definitions
(1) For the business relationship between the webshop provider (hereinafter referred to as "Provider")
and the customer (hereinafter referred to as "Customer"), the following General Terms and
Terms and conditions in their version valid at the time of the order. Deviating
Conditions of the customer are not recognized, unless the provider agrees to their validity
expressly in writing.
(1) For the business relationship between the webshop provider (hereinafter referred to as "Provider")
and the customer (hereinafter referred to as "Customer"), the following General Terms and
Terms and conditions in their version valid at the time of the order. Deviating
Conditions of the customer are not recognized, unless the provider agrees to their validity
expressly in writing.
(2) The customer is a consumer insofar as the purpose of the ordered deliveries and services is not
can be attributed to his commercial or self-employed professional activity. On the other hand
an entrepreneur is any natural or legal person or partnership with legal capacity,
who at the time of the conclusion of the contract in the exercise of their commercial or independent professional
activity.
can be attributed to his commercial or self-employed professional activity. On the other hand
an entrepreneur is any natural or legal person or partnership with legal capacity,
who at the time of the conclusion of the contract in the exercise of their commercial or independent professional
activity.
§ 2 Conclusion of contract
(1) The customer can choose products from the assortment of the supplier, especially textiles and shoes
and add them to a so-called shopping cart by clicking on the button "add to cart".
collect. By clicking the button "Order with payment" he gives a binding request
to purchase the goods in the shopping cart. Before sending the order the
customer can change and view the data at any time. However, the request can only be submitted and
transmitted, if the customer by clicking on the button "AGB akzeptieren" these
has accepted the terms of the contract and thereby included them in his application.
(1) The customer can choose products from the assortment of the supplier, especially textiles and shoes
and add them to a so-called shopping cart by clicking on the button "add to cart".
collect. By clicking the button "Order with payment" he gives a binding request
to purchase the goods in the shopping cart. Before sending the order the
customer can change and view the data at any time. However, the request can only be submitted and
transmitted, if the customer by clicking on the button "AGB akzeptieren" these
has accepted the terms of the contract and thereby included them in his application.
(2) The provider then sends the customer an automatic confirmation of receipt by e-mail.
Mail to, in which the order of the customer is specified again and which the customer can
can print the "Print" function. The automatic acknowledgement of receipt documents
merely that the order of the customer has been received by the provider and does not constitute an acceptance
of the application. The contract shall only come into force when the declaration of acceptance is issued by the
provider, which is sent with a separate e-mail (order confirmation).
Mail to, in which the order of the customer is specified again and which the customer can
can print the "Print" function. The automatic acknowledgement of receipt documents
merely that the order of the customer has been received by the provider and does not constitute an acceptance
of the application. The contract shall only come into force when the declaration of acceptance is issued by the
provider, which is sent with a separate e-mail (order confirmation).
§ 3 Delivery, availability of goods
(1) If at the time of the customer's order no copies of the
product is available, the supplier will inform the customer immediately in the order confirmation.
with. If the product is permanently unavailable, the supplier refrains from a declaration of acceptance.
A contract does not come off in this case.
(1) If at the time of the customer's order no copies of the
product is available, the supplier will inform the customer immediately in the order confirmation.
with. If the product is permanently unavailable, the supplier refrains from a declaration of acceptance.
A contract does not come off in this case.
(2) If the product designated by the customer in the order is only temporarily not available,
the provider shall also inform the customer of this immediately in the order confirmation. At
delay in delivery of more than two weeks, the customer has the right to withdraw from the contract
to resign. In this case, the provider is also entitled to withdraw from the contract.
solve. In doing so, he will immediately refund any payments already made by the customer.
the provider shall also inform the customer of this immediately in the order confirmation. At
delay in delivery of more than two weeks, the customer has the right to withdraw from the contract
to resign. In this case, the provider is also entitled to withdraw from the contract.
solve. In doing so, he will immediately refund any payments already made by the customer.
§ 4 Retention of title
The delivered goods remain the property of the supplier until full payment has been made.
The delivered goods remain the property of the supplier until full payment has been made.
§ 5 Prices and shipping costs
(1) All prices, which are indicated on the website of the provider, include
in each case valid legal sales tax.
(1) All prices, which are indicated on the website of the provider, include
in each case valid legal sales tax.
(2) The corresponding shipping costs are indicated to the customer in the order form and are
to be borne by the customer, unless the customer exercises his right of revocation. From
a goods order value of 40.00 EUR the offerer delivers to the customer free of shipping costs.
to be borne by the customer, unless the customer exercises his right of revocation. From
a goods order value of 40.00 EUR the offerer delivers to the customer free of shipping costs.
(3) The goods are shipped by mail. The supplier bears the shipping risk if the
customer is a consumer.
customer is a consumer.
(4) In the event of a revocation, the customer shall bear the regular costs of the return shipment,
if the delivered goods correspond to those ordered.
if the delivered goods correspond to those ordered.
§ 6 Terms of payment
(1) The customer can pay by direct debit, credit card, cash on delivery or prepayment
...on the case.
(1) The customer can pay by direct debit, credit card, cash on delivery or prepayment
...on the case.
(2) The customer can change the payment method stored in his user account at any time.
(3) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of the
payment is determined by the calendar, the customer is deemed to be in default if he misses the deadline for payment.
in default. In this case he shall charge the Provider default interest in the amount of 5 percentage points above
the base interest rate.
payment is determined by the calendar, the customer is deemed to be in default if he misses the deadline for payment.
in default. In this case he shall charge the Provider default interest in the amount of 5 percentage points above
the base interest rate.
(4) The obligation of the customer to pay interest on arrears shall exclude the assertion of
further damages caused by the provider due to delay.
further damages caused by the provider due to delay.
§ 7 Warranty for material defects, guarantee
(1) The provider is liable for material defects in accordance with the applicable statutory provisions,
in particular §§ 434 ff BGB. In relation to entrepreneurs, the warranty obligation shall amount to from
Provider delivered items 12 months.
(1) The provider is liable for material defects in accordance with the applicable statutory provisions,
in particular §§ 434 ff BGB. In relation to entrepreneurs, the warranty obligation shall amount to from
Provider delivered items 12 months.
(2) An additional guarantee exists for the goods delivered by the supplier only if these
has been expressly stated in the order confirmation for the respective article.
has been expressly stated in the order confirmation for the respective article.
§ 8 Liability
(1) Claims of the customer for damages are excluded. Excluded from this are
Claims for damages of the customer from the injury of life, body, health
or from the violation of essential contractual obligations (cardinal obligations) as well as the liability for
other damages, which are based on an intentional or grossly negligent breach of duty by the provider,
of its legal representatives or vicarious agents. Essential contractual obligations are
those whose fulfilment is necessary to achieve the objective of the Treaty.
(1) Claims of the customer for damages are excluded. Excluded from this are
Claims for damages of the customer from the injury of life, body, health
or from the violation of essential contractual obligations (cardinal obligations) as well as the liability for
other damages, which are based on an intentional or grossly negligent breach of duty by the provider,
of its legal representatives or vicarious agents. Essential contractual obligations are
those whose fulfilment is necessary to achieve the objective of the Treaty.
(2) In the event of a breach of material contractual obligations, the provider shall only be liable for the
foreseeable damage typical of the contract, if this was caused by simple negligence, unless the damage was
because, it concerns claims for damages of the customer from an injury to life, limb
body or health.
foreseeable damage typical of the contract, if this was caused by simple negligence, unless the damage was
because, it concerns claims for damages of the customer from an injury to life, limb
body or health.
(3) The restrictions of paragraphs 1 and 2 shall also apply in favour of the legal representatives and
vicarious agents of the provider, if claims are made directly against them.
vicarious agents of the provider, if claims are made directly against them.
(4) The regulations of the product liability law remain unaffected.
§ 9 revocation instruction
Right of withdrawal
You can cancel your contract within 14 days without giving reasons in writing (eg
letter, fax, e-mail) or - if the goods are handed over to you before the deadline - by returning the goods
of the goods. The time limit begins after receipt of this notification in writing, but not before
Receipt of the goods by the recipient (in the case of recurring deliveries of similar goods not
before receipt of the first partial delivery) and also not before the fulfilment of our information duties according to
Article 246 § 2 in conjunction with § 1 (1) and (2) EGBGB. For the observance of the revocation period the
timely dispatch of the revocation or the goods. The revocation is to be addressed to:
Right of withdrawal
You can cancel your contract within 14 days without giving reasons in writing (eg
letter, fax, e-mail) or - if the goods are handed over to you before the deadline - by returning the goods
of the goods. The time limit begins after receipt of this notification in writing, but not before
Receipt of the goods by the recipient (in the case of recurring deliveries of similar goods not
before receipt of the first partial delivery) and also not before the fulfilment of our information duties according to
Article 246 § 2 in conjunction with § 1 (1) and (2) EGBGB. For the observance of the revocation period the
timely dispatch of the revocation or the goods. The revocation is to be addressed to:
Color Crew GmbH
Georg Birk Straße 15
80797 Munich
80797 Munich
Phone: +49 89 90119911
fax: +49 89 90119922
E-mail: info@colorcrew.de
fax: +49 89 90119922
E-mail: info@colorcrew.de
Consequences of withdrawal
In the event of an effective revocation, the services received by both parties shall be returned
and, if applicable, any benefits derived (e.g. interest). If you are able to return the received service
or only in a deteriorated condition, you must return the goods to us in full or in part
provide us with compensation for lost value in this respect. For the deterioration of the goods and for the drawn
use, you only have to pay compensation for lost value if the use or deterioration is due to
is due to a handling of the item which is beyond the inspection of the properties and
functionality. The term "testing of the characteristics and functioning" means
the testing and trying out of the respective goods, as is possible in a retail shop, for example
and common. Items that can be sent as parcels are to be returned at our risk. You have the
to bear the costs of the return shipment if the delivered goods correspond to the ordered goods and if
the price of the item to be returned does not exceed an amount of 40.00 EUR or if
If the price of the goods is higher at the time of the revocation, you have not yet paid the consideration
or have made a contractually agreed partial payment. Otherwise the return is not permitted for
You free of charge. Items that cannot be sent by parcel post will be collected from you. Obligations to
Refunds of payments must be made within 30 days. The period begins for you
with the dispatch of your declaration of revocation or the goods, for us with their receipt.
In the event of an effective revocation, the services received by both parties shall be returned
and, if applicable, any benefits derived (e.g. interest). If you are able to return the received service
or only in a deteriorated condition, you must return the goods to us in full or in part
provide us with compensation for lost value in this respect. For the deterioration of the goods and for the drawn
use, you only have to pay compensation for lost value if the use or deterioration is due to
is due to a handling of the item which is beyond the inspection of the properties and
functionality. The term "testing of the characteristics and functioning" means
the testing and trying out of the respective goods, as is possible in a retail shop, for example
and common. Items that can be sent as parcels are to be returned at our risk. You have the
to bear the costs of the return shipment if the delivered goods correspond to the ordered goods and if
the price of the item to be returned does not exceed an amount of 40.00 EUR or if
If the price of the goods is higher at the time of the revocation, you have not yet paid the consideration
or have made a contractually agreed partial payment. Otherwise the return is not permitted for
You free of charge. Items that cannot be sent by parcel post will be collected from you. Obligations to
Refunds of payments must be made within 30 days. The period begins for you
with the dispatch of your declaration of revocation or the goods, for us with their receipt.
End of the revocation instruction
§ 10 Other information
According to § 312d Abs 4 Nr 2 BGB, the delivery of audio or video recordings is subject to
or software, if the delivered data carriers have been unsealed by you, no
Right of withdrawal.
According to § 312d Abs 4 Nr 2 BGB, the delivery of audio or video recordings is subject to
or software, if the delivered data carriers have been unsealed by you, no
Right of withdrawal.
§ 11 Notes on data processing
(1) The provider collects data of the customer in the context of the processing of contracts. He observes
in particular the provisions of the Federal Data Protection Act and the Telemedia Act. Without
consent of the customer, the provider will only collect inventory and usage data of the customer,
process or use, as far as this is necessary for the processing of the contractual relationship and for
use and billing of telemedia is required.
in particular the provisions of the Federal Data Protection Act and the Telemedia Act. Without
consent of the customer, the provider will only collect inventory and usage data of the customer,
process or use, as far as this is necessary for the processing of the contractual relationship and for
use and billing of telemedia is required.
(2) Without the consent of the customer, the provider will not use the customer's data for
Use advertising, market or opinion research.
Use advertising, market or opinion research.
(3) The customer has the possibility at any time to access the data stored by him under the
button "My data" in his profile, change or delete it. For the rest
will be checked with regard to the customer's consent and further information on data collection, -
processing and use are referred to the data protection declaration, which can be found on the website of
provider can be called up in printable form at any time by clicking on the "Data protection" button.
button "My data" in his profile, change or delete it. For the rest
will be checked with regard to the customer's consent and further information on data collection, -
processing and use are referred to the data protection declaration, which can be found on the website of
provider can be called up in printable form at any time by clicking on the "Data protection" button.
§ 12 Final provisions
(1) The law of the Federal Republic of Germany shall apply to contracts between the provider and
Germany under exclusion of the UN Sales Convention.
(1) The law of the Federal Republic of Germany shall apply to contracts between the provider and
Germany under exclusion of the UN Sales Convention.
(2) If the customer is a merchant, a legal entity under public law, a
or is a public-law special fund, the place of jurisdiction for all disputes is
from contractual relationships between the customer and the provider the seat of the provider.
or is a public-law special fund, the place of jurisdiction for all disputes is
from contractual relationships between the customer and the provider the seat of the provider.
(3) The contract remains in its remaining parts even if individual points are legally ineffective.
Parts binding. In place of the ineffective points, the statutory provisions, if any, shall apply.
Regulations. Insofar as this would represent an unreasonable hardship for one contracting party, the
however, the contract as a whole is invalid.
Parts binding. In place of the ineffective points, the statutory provisions, if any, shall apply.
Regulations. Insofar as this would represent an unreasonable hardship for one contracting party, the
however, the contract as a whole is invalid.