You have the right to withdraw from 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: email@example.com of your decision to revoke this contract by means of a clear declaration (e.g. a letter or e-mail sent by post). You can use the enclosed model withdrawal form for this purpose, which is, however, not mandatory. In order to comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of withdrawal
If you withdraw from this contract, we must refund all payments we have received from you, including the 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), without undue delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal 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 for 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 without undue delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. You shall bear the direct costs of returning the goods.
You shall only be liable 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 testing the quality, properties and functioning of the goods.
Sample cancellation form
(If you wish to cancel the contract, please complete and return this form)
To Carbonwerk, owner Mert Kamaz, Grillostraße 56, 59425 Unna, e-mail: firstname.lastname@example.org
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)
(*) Where not applicable
End of revocation instruction
1. The right of withdrawal does not apply to distance contracts for the delivery of goods that are manufactured according to the customer's specifications (so-called made-to-order products, e.g. 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 to distance contracts for the delivery of newspapers, periodicals and magazines, unless the consumer has made his contractual declaration by telephone.
2. The right of withdrawal shall not apply to contracts concluded in the business premises of CW in the personal presence of the principal or his vicarious agent.
3. The right of withdrawal shall also not apply to contracts with those principals who are not consumers within the meaning of § 13 of the German Civil Code.
VII. Complaints and defects
1. The principal shall - insofar as a commercial purchase is concerned - duly comply with his obligations to inspect and give notice of defects owed under § 377 of the German Commercial Code. Damage to the packaging must be reported immediately. Defects in the delivery item shall be notified in writing within 8 working days of receipt of the delivery item at the place of destination or, if these were not identifiable during a proper inspection, within 8 working days of their discovery.
2. Insofar as CW's performance 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, at CW's option, either by repair or replacement. Replaced goods shall become the property of CW and shall be returned to CW.
3. If subsequent performance fails or is unreasonable for OP, OP shall be entitled at his 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 part of the goods delivered shall not entitle the customer to complain about the delivery as a whole, unless the partial delivery is of no interest to OP. VIII. Claims for damages and reimbursement of expenses; limitation of liability
1. Any claims for damages on the part of OP - irrespective of their legal basis - are excluded.
2. This shall not apply in the case of fraudulent concealment of the defect, non-compliance with a quality guarantee, 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 breaches of the Product Liability Act essential contractual obligations are obligations the fulfilment of which is essential for the proper performance of the contract and on the observance of which the contracting party 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, insofar as there is no liability 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 website. The order data and the GTC shall be sent to the AG by e-mail (order confirmation). For security and data protection reasons, the actual order data cannot be accessed via the Internet. If the Customer wishes to inspect the text of the contract, he may contact the following address within this period:
Owner Mert Kamaz
CW shall then send the text of the contract to the Customer.
The Customer may submit complaints and warranty claims at the address stated in the supplier identification.
Before the customer submits his offer in the last step of the ordering process by clicking the "Buy now" button, he can check the data he has entered once again and, if necessary, cancel the process and correct the information by clicking the corresponding button.
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 registration for the converted vehicle, unless the offered item expressly refers to a TÜV certificate that can be supplied. It is the sole responsibility of the customer to immediately seek an ABE, approval or appraisal if necessary. Without an ABE or approval in accordance with the StVZO, motor vehicles may not be driven and used in the area of application of the StVZO.
X. Place of Jurisdiction, Miscellaneous, Effectiveness
1. If the Principal is a merchant within the meaning of § 1 of the German Commercial Code (HGB), the place of jurisdiction shall be the registered office of CW, i.e. Unna.
2. The contract and the legal relationships associated therewith shall be governed by the law 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 data of the principal is necessary for the performance of the service, CW undertakes to arrange for this 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 e-mail address can be found in our imprint. We are neither obliged nor willing to participate in the dispute resolution procedure.