I. General

The following terms and conditions shall apply to the business relationship between Carbonwerk (hereinafter: CW) and the principal (hereinafter: AG) exclusively and namely in the version applicable at the time of the order. Deviating general terms and conditions of AG shall not apply, even if CW does not expressly object to them. Therefore, CW's express declaration shall be required for the validity of third party general terms and conditions.

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II. Conclusion of Contract

The presentation of the products in the online store does not constitute a legally binding offer, but a non-binding online catalog. By clicking the button "Buy" / "order subject to payment" on the page !!!!!!!!!!!, the ordering process is completed and the AG places a binding order for the goods contained in the shopping cart. The confirmation of receipt of the order follows immediately after the order has been sent and does not yet constitute acceptance of the contract, but is only intended to provide an overview of the order data. CW may accept AG's order by sending an order confirmation by e-mail or by delivering the goods within two days. This concludes the contract.

III. Terms of payment

1. The prices quoted are inclusive of value added tax.
2. Payment of the agreed price shall be due immediately upon receipt of the invoice - subject to the provision in Clause 4. CW shall send an invoice with the order confirmation at the earliest. Checks shall only be accepted on account of payment; the costs of collection shall be borne by AG.
3. AG shall be in default if the invoice amount is not received by CW on the 30th day after receipt of the invoice. This shall also be pointed out to AG with each invoice. The amount of interest on arrears shall be governed by § 288 BGB. This shall not preclude the assertion of further damages.
4. AG shall only be entitled to set off counterclaims that have been legally established, are undisputed or have been acknowledged by CW. Furthermore, AG shall only be entitled to exercise a right of retention to the extent that its counterclaim is based on the same contractual relationship. The OP shall not be entitled to a right of retention due to partial performance even beyond § 320 para. 2 of the German Civil Code (BGB), unless the OP is a consumer within the meaning of § 13 of the German Civil Code (BGB).
5. If, after conclusion of the contract, insolvency proceedings are instituted against the assets of AG or if he submits a declaration in lieu of an oath or if he is in default of payment due to another order placed with CW, CW shall be entitled, at the discretion of AG, to demand full payment or corresponding security prior to delivery and, in case of non-payment/lack of security, to withdraw from the contract within 14 days after such demand. If delivery has already been made, the invoice amounts in question shall become due for payment immediately without regard to any agreed terms of payment.

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IV. Delivery

1. The exact delivery times are specified on the product detail pages.
2. If CW cannot deliver or cannot deliver on time despite a covering transaction, CW may also withdraw from the contract, provided that CW is not responsible for the delay in delivery. The AG shall be refunded any purchase price already paid. CW may at the same time offer the delivery of a comparable product. Any further legal rights of the OP shall remain unaffected.
3. Partial deliveries shall be permissible to an extent reasonable for the OP.
4. Deliveries shall be made worldwide. If delivery abroad is agreed, CW shall be released from the obligation to deliver against return of the purchase price if delivery to the recipient country is/will be prohibited due to official instructions, due to natural disasters or military conflicts or in case of travel warnings by the foreign office.

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V. Retention of Title

1. CW shall retain title to the delivery items until receipt of all payments arising from the business relationship with AG. If AG is in default of payment, CW shall be entitled to reclaim the delivery items. The reclaiming or assertion of the retention of title does not require a rescission by CW. These actions or the seizure of the delivery item shall not constitute a withdrawal from the contract unless CW has expressly declared this in writing.
2. After taking back the delivery item, CW shall be entitled to realize it. In this case, the act of realization shall constitute a declaration of rescission. The proceeds shall be credited against AG's liabilities, less reasonable costs of realization.
3. In the event of seizure or other interventions by third parties, CW shall be notified by AG in writing without delay so that an action can be brought in accordance with § 771 of the German Code of Civil Procedure.
4. AG shall only be entitled to resell the delivery items in the ordinary course of business; however, it hereby assigns to CW all claims in the amount of the final invoice amount (including value added tax) accruing to it against its customers or third parties from the resale. CW accepts the assignment. AG shall remain solely authorized to collect these claims even after the assignment. If AG is in default, if an application for the opening of insolvency proceedings has been filed or if AG has suspended payments, the right to resell shall cease to exist. For delivery items already resold, the obligation not to collect shall cease to apply and CW may demand that AG discloses the assigned claims and their debtors, provides all information necessary for collection, hands over the relevant documents and informs the debtors of the assignment.
5. CW undertakes to release the securities to which it is entitled at the request of AG to the extent that the realizable value of the securities exceeds the claims to be secured by more than 10%; the selection of the securities to be released shall be incumbent on CW.

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VI. Right of revocation:

Right of revocation:
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 last goods.
To exercise your right of revocation, you must inform Carbonwerk, owner Mert Kamaz, Dieselstrasse 13, 59174 Kamen, e-mail: info@carbonwerk-germany.de by means of a clear statement (eg a letter sent by mail or e-mail) of your decision to revoke this contract. You can use the attached sample withdrawal form for this purpose, which is, however, not mandatory. To comply with the withdrawal period, it is sufficient that you send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of withdrawal
If you withdraw from this contract, we have all payments received from you, including delivery costs (except for additional costs resulting from the fact that you have chosen a different method of delivery than the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date on which the notification of your withdrawal from this contract is received by us. 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 because of this repayment. We may refuse repayment 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 no later than within fourteen days from the day on which you notify 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 bear the direct cost of returning the goods.
You must pay for any loss in value of the goods only if this loss in value is due to a handling of the goods not necessary for testing the quality, characteristics and functioning of the goods.

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Sample cancellation form

(If you want to revoke the contract, then please fill out this form and send it back)
To Carbonwerk, owner Mert Kamaz, Dieselstrasse 13, 59174 Kamen, e-mail: info@carbonwerk-germany.de
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Date

(*) Where not applicable

End of the cancellation policy
1. The right of withdrawal does not apply to distance contracts for the supply of goods that are manufactured according to the specifications of the AG (so-called custom-made products, eg. carbon laminations) or which, due to their nature, are not suitable for return or may spoil quickly or whose expiry date would be exceeded, and in the case of distance contracts for the supply of newspapers, periodicals and magazines, unless the consumer has made his contractual declaration by telephone.
2. The right of revocation shall not apply to contracts concluded in the business premises of CW in the personal presence of AG or his vicarious agent. 3. the right of revocation shall also not apply to contracts with AG who are not consumers within the meaning of § 13 of the German Civil Code (BGB).
VII. Complaints and Defects
1. the AG shall - insofar as it is a commercial purchase - duly comply with its obligations to inspect and give notice of defects pursuant to § 377 of the German Commercial Code (HGB). Damage to the packaging must be reported immediately. Defects in the delivery item shall be notified in writing within 8 working days after receipt of the delivery item at the place of destination or, if these were not recognizable during a proper inspection, within 8 working days after their discovery.
2. Insofar as the performance of CW has a defect, the cause of which already existed at the time of the transfer of risk, the OP shall be entitled to subsequent performance by CW by way of rectification or subsequent delivery, at CW's option. Replaced goods shall become the property of CW and shall be returned to CW.
3. If the subsequent performance fails or is unreasonable for AG, AG shall be entitled at its discretion - without prejudice to any claims for damages and reimbursement of expenses - to reduce the remuneration or - insofar as the breach of duty by CW is substantial - to withdraw from the contract.
4. Defects in a part of the delivered goods shall not entitle the customer to complain about the entire delivery, unless the partial delivery is of no interest to AG. .

VIII Claims for damages and reimbursement of expenses; limitation of liability

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1. Any claims for damages by the OP - irrespective of the legal grounds - shall be excluded.
2. This shall not apply in the event of fraudulent concealment of the defect, non-compliance with a guarantee of quality, injury to life, body or health, intentional or grossly negligent breach of duty on the part of CW or breach of essential contractual obligations (cardinal obligations) as well as for violations of the Product Liability Act essential contractual obligations are those obligations whose fulfillment is essential to the proper performance of the contract and on whose compliance the contractual partner regularly relies and may rely.
3. The claim for damages for the breach of essential contractual obligations (cardinal obligations) is, however, limited vis-à-vis entrepreneurs to the foreseeable damage typical for the contract, unless liability is also assumed for another breach pursuant to paragraph 2.
4. The above limitations of liability apply equally to claims for compensation for futile expenses (§ 284 BGB).
IX. Buyer information
The essential features of the goods offered by CW as well as the period of validity of limited offers can be found by the OP in the individual product descriptions within the scope of the Internet offer.
The language available for the conclusion of the contract is exclusively German.
CW shall store the text of the contract for 90 days after the conclusion of the contract. AG may view CW's GTC at any time on CW's Internet pages. The order data and the GTC shall be sent to AG by e-mail (order confirmation). For security and data protection reasons, the actual order data cannot be accessed via the Internet. If the AG would like to see the text of the contract, he can contact the following address within this period:
Carbonwerk
Dieselstrasse 13
59174 Kamen
Owner Mert Kamaz
Mail: info@carbonwerk-germany.de
CW will then send the AG the text of the contract.
Complaints and warranty claims can the AG under the address given in the provider identification.
Before the customer submits his offer in the last step of the ordering process by clicking the "Buy now" button, he can once again check the data he has entered and, if necessary, cancel the process by clicking the corresponding button and correct the information.
The installation of the products sold by CW must be carried out professionally, preferably by a specialist workshop. CW expressly points out that the installation and assembly of the purchased items can lead to the expiry of the ABE or the approval for the converted vehicle, unless the offered article is expressly referred to a TÜV certificate that can be supplied. It is exclusively the responsibility of the customer to immediately seek an ABE, approval or appraisal if necessary. Without ABE or approval according to the StVZO motor vehicles may not be led and used in the area of application of the StVZO.
X. Jurisdiction, other, effectiveness
1. If the AG is a merchant in the sense of § 1 HGB is the jurisdiction of the seat of CW, so Kamen.
2. The contract and the associated legal relationships shall be subject to the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
3. Insofar as the storage of the client's data is necessary for the provision of services, CW undertakes to ensure that this is done in compliance with the applicable data protection conditions.
4. Should individual provisions of the above general terms and conditions be or become invalid, this shall not affect the validity of the remaining clauses.
XI. Online Dispute Resolution
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at www.ec.europa.eu/consumers/odr. Our email address can be found in our imprint. We are neither obligated nor willing to participate in the dispute resolution process.

Imprint

Information according to § 5 TMG

Mert Kamaz
Dieselstrasse 13
59174 Kamen
Represented by:
Mert Kamaz
Contact:
Phone: +4915146130592
E-mail: info@carbonwerk-germany.de

VAT ID: DE316783794
VAT identification number according to §27a : DE316783794

Disclaimer:

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The use of contact data published within the framework of the imprint obligation by third parties for the purpose of sending unsolicited advertisements and information materials is hereby expressly prohibited. The operators of the pages expressly reserve the right to take legal action in the event of unsolicited promotional information, such as spam e-mails.

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