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简体中文 I. General Terms and Conditions
Basic Provisions
(1) The following terms and conditions apply to all contracts you conclude with us as the provider (4CR International GmbH u. CO KG) via the internet site https://www.4CR.com/. Unless otherwise agreed, the inclusion of your own terms and conditions, if used by you, is hereby contradicted.
(2) For the purposes of the following provisions, a consumer is any natural person who concludes a legal transaction for purposes which can be attributed predominantly neither to their commercial nor to their self-employed professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who acts in the exercise of their self-employed professional or commercial activity when concluding a legal transaction.
Formation of contract
(1) The subject of the contract is the sale of goods.
(2) By listing the respective product on our website, we are making you a binding offer to conclude a contract on the terms specified in the product description.
(3) The contract is concluded via the online shopping basket system as follows: The goods intended for purchase are placed in the „shopping basket“. You can call up the „shopping basket“ via the corresponding button in the navigation bar and make changes there at any time. After calling up the „checkout“ page and entering your personal details as well as the payment and shipping conditions, all order details will be displayed again on the order summary page. If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Postpay, Sofort) as the payment method, you will either be directed to the order summary page in our online shop or you will first be redirected to the website of the instant payment system provider. If you are redirected to the respective instant payment system, you will make your selection or enter your details there. Finally, you will be redirected back to our online shop to the order summary page.
Before sending the order, you have the opportunity to check all details again, change them (also using the „back“ function of your internet browser) or cancel the purchase. By sending the order via the „buy“ button, you legally accept the offer, thereby concluding the contract.
(4) Your requests for a quote are non-binding. We will provide you with a binding offer in text form (e.g. by email) for this, which you can accept within 5 days.
(5) The processing of the order and the transmission of all information required for the conclusion of the contract are carried out partly automatically by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically secure, and in particular that it is not blocked by SPAM filters.
Right of retention, retention of title
(1) You may only exercise a right of retention in so far as the claims arise from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are a business owner, the following also applies:
(a) We reserve the ownership of the goods until the full settlement of all claims arising from the ongoing business relationship. Pledging or transferring ownership as security is not permitted prior to the transfer of ownership of the reserved goods.
(b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims arising from the resale up to the amount of the invoice, and we accept this assignment. You are also authorised to collect the claim. However, should you fail to meet your payment obligations properly, we reserve the right to collect the claim ourselves.
c) Upon connection and commingling of the reserved goods, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods in relation to the other processed items at the time of processing.
d) We undertake to release the security to which we are entitled at your request to the extent that the realisable value of our security exceeds the claim to be secured by more than 10%. The choice of which security is to be released shall be at our discretion.
Warranty
(1) The statutory warranty rights apply.
(2) As a consumer, you are asked to check the item for completeness, obvious defects, and transport damage immediately upon delivery and to inform us and the carrier of any complaints as quickly as possible. If you do not comply with this, it will have no effect on your statutory warranty claims.
(3) To the extent that you are an entrepreneur, the following warranty provisions shall apply as a deviation from the above-mentioned warranty regulations:
(a) For the condition of the item, only our own information and the manufacturer's product description shall be considered agreed upon, but not other advertising, public commendations and statements by the manufacturer.
(b) In the event of defects, we provide warranty at our discretion by rectification or replacement. If the rectification of defects fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. Rectification of defects is deemed to have failed after an unsuccessful second attempt, unless otherwise indicated by the nature of the item or defect or other circumstances. In the case of rectification, we are not obliged to bear the increased costs incurred by transporting the goods to a place other than the place of performance, provided that such transport does not correspond to the intended use of the goods.
c) The warranty period is one year from the delivery of the goods. The shortened period does not apply:
- for damage caused by us for which we are culpable, that results in injury to life, body or health, and for other damage caused intentionally or through gross negligence;
- unless we have fraudulently concealed the defect or assumed a guarantee for the quality of the item;
- in the case of items which, when used in the manner for which they are normally intended, have been used in a building and have caused its defectiveness;
- in respect of statutory recourse claims arising from defect rights that you may have against us.
Choice of law, place of performance, jurisdiction
(1) German law applies. For consumers, this choice of law shall only apply to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the country of the consumer's habitual residence (principle of favourability).
(2) The place of performance for all services arising from our business relationships and the place of jurisdiction is our registered office, provided that you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU, or if your place of residence or habitual abode is not known at the time the legal action is initiated. The right to also summon the court at another statutory place of jurisdiction shall remain unaffected.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply.
II. Customer Information
Seller's identity
4CR International GmbH & Co KG
Donnerstrasse 10B – Haus 1
22763 Hamburg
Germany
Telephone +49 (0)40 69609930
E-Mail: info@4cr.com
Alternative Dispute Resolution
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at https://ec.europa.eu/odr.
Information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself, and the correction options are in accordance with the provisions of „Conclusion of the Contract“ of our General Terms and Conditions (Part I.).
Contract language, contract text storage
3.1. The contract language is German.
3.2. We do not store the full contract text. Before submitting your order via the online shopping basket system, you can print the contract data using your browser's print function or save it electronically. Once we receive your order, the order details, legally required information for distance selling contracts, and our general terms and conditions will be sent to you again by email.
3.3. For quotation requests outside the online shopping cart system, you will receive all contract details in the form of a binding offer in text form, e.g. by email, which you can print out or save electronically.
Key features of the goods or service
The essential characteristics of the goods and/or services can be found in the respective offer.
Prices and payment terms
5.1. The prices stated in the respective offers, as well as the shipping costs, represent final prices. They include all price components, including all applicable taxes.
5.2. The shipping costs incurred are not included in the purchase price. They can be accessed via a correspondingly labelled button on our website or in the respective offer, will be shown separately during the ordering process, and are to be borne by you in addition, unless free delivery has been promised.
5.3. The payment methods available to you are displayed under a correspondingly labelled button on our website or in the respective offer.
5.4. Unless otherwise stated for individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
Delivery terms
6.1. The delivery terms, delivery date, and any existing delivery restrictions can be found under an appropriately labelled button on our website or in the respective offer.
6.2. As far as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon handover of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently engaged a transport company not named by the seller or a person otherwise designated to carry out the shipment. If you are a business, delivery and shipment are at your own risk.
Statutory warranty
Liability for defects is governed by the „Warranty“ provision in our General Terms and Conditions (Part I).
These terms and conditions and customer information have been created by the lawyers at Händlerbund, who specialise in IT law, and are continuously checked for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warning letters. You can find more detailed information at: https://www.haendlerbund.de/agb-service.
Last updated: 07/12/2017