Terms of service

1. Scope

The following General Terms and Conditions apply to all orders placed via our online shop by consumers and entrepreneurs.

Consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or self-employed professional activity.

The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they shall only become part of the contract if we have expressly agreed to them.

2. Contractual partner, conclusion of contract, correction options

The purchase contract is concluded with Oliver Steffens - Charabanc Europe.

By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially place our products in the shopping basket without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained for this purpose in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping basket by clicking on the order button. Immediately after sending the order, you will receive another confirmation by e-mail.

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3. Contract language, contract text storage

The language(s) available for the conclusion of the contract: German

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We store the text of the contract and send you the order data and our GTC in text form. For security reasons, the text of the contract is no longer accessible via the Internet.

4. Terms of delivery

We deliver free of shipping costs.

We only deliver by mail order. Unfortunately, self-collection of the goods is not possible.

5. Payment

In our shop, the following payment methods are generally available to you:

Credit card
In the order process you enter your credit card details. Your card will be charged immediately after placing the order.

PayPal
In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, legitimise yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after the order is placed. You will receive further instructions in the order process.

Instant by Klarna
In order to be able to pay the invoice amount via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment instruction. Your account will be debited immediately after placing the order. You will receive further instructions in the order process.

6. Right of withdrawal

Consumers are entitled to the statutory right of cancellation as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of revocation.

7. Retention of title

The goods remain our property until full payment has been made.
For entrepreneurs, the following shall apply in addition: We reserve title to the goods until full settlement of all claims arising from an ongoing business relationship. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorised to collect the claims, but we may also collect claims ourselves insofar as you do not meet your payment obligations. We shall release the securities to which we are entitled at your request insofar as the realisable value of the securities exceeds the value of the outstanding claims by more than 10 %.

8. Transport damage

The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects to the delivery company as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance company.

For entrepreneurs, the following applies: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment.

9. Warranty and guarantees

9.1 Liability for defects

Unless expressly agreed otherwise below, the statutory law on liability for defects shall apply.

The following restrictions and shortening of time limits do not apply to claims based on damage caused by us, our legal representatives or vicarious agents

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  • in the event of injury to life, body or health
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  • in the event of intentional or grossly negligent breach of duty and fraudulent intent
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  • in the event of a breach of essential contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
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  • in the context of a promise of guarantee, insofar as agreed, or
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  • insofar as the scope of application of the Product Liability Act is opened up.

Limitations vis-à-vis entrepreneurs

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Only our own specifications and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods vis-à-vis entrepreneurs; we shall not assume any liability for the manufacturer's public statements or other advertising statements. For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk.

The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.

Rules vis-à-vis merchants

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Among merchants, the obligation to examine and give notice of defects regulated in § 377 HGB (German Commercial Code) applies. If you fail to make the notification regulated therein, the goods shall be deemed to have been approved, unless the defect was not recognisable during the inspection. This shall not apply if we have fraudulently concealed a defect.

9.2 Warranties and after-sales service

Information on any additional warranties that may apply and their precise terms can be found in each case with the product and on special information pages in the online shop.

Customer service: e-mail, telephone

10. Liability

For claims based on damage caused by us, our legal representatives or vicarious agents, our liability is always unlimited

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  • in case of injury to life, body or health,
  • in the event of intentional or grossly negligent breach of duty,
  • in the case of promises of guarantee, insofar as agreed, or
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  • insofar as the scope of application of the Product Liability Act is opened up.

In the event of a breach of essential contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected.
In all other respects, claims for damages shall be excluded.

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  • In all other respects, claims for damages shall be excluded.

    11. Dispute resolution

    The European Commission provides a platform for online dispute resolution (OS), which you can find here . We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

    Terms and Conditions created with the Trusted Shops legal text in cooperation with FÖHLISCH Rechtsanwälte.

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