Legal Information and Notices
Terms and Conditions (T&C)
TERMS AND CONDITIONS (T&C)(AS OF 25.02.2020)
OPERATOR OF THE CARBON MOBILE ONLINE SHOP AND THE VALIDITY OF THESE GENERAL TERMS AND CONDITIONS
The Carbon Mobile Online Shop is operated by Carbon Mobile GmbH (Winterfeldtstr. 21, 10781 Berlin, Germany). The Carbon Mobile GmbH is registered at Amtsgericht Berlin-Charlottenburg,
HRB 14539. Only these terms and conditions apply to the sale of merchandise by us. Any other terms and conditions will only apply if they have been accepted by us.
We sell merchandise solely to end users and only in normal household
2. CONTRACT CLOSURE
2.1 CONTRACT CLOSURE REGARDING STANDARD PRODUCTS
The presentation of our merchandise invites you to submit a purchase offer in the form of an order. Clicking the "Send order" button in the last stage of the ordering process issues a binding order for the products you have placed in the shopping basket. As soon as your order has been received by us, you will receive an automatically generated order confirmation by email.
Contractual partner: Carbon Mobile GmbH Winterfeldtstr. 21
10781 Berlin Germany
2.2 CONTRACT CLOSURE REGARDING PRE-ORDERS
If the customer orders goods that are marked "pre-order" in the online shop, a binding purchase contract is concluded as soon as the customer has made the payment associated with the pre-order. In such a case, however, the customer has the right to cancel the contract free of charge by making a corresponding declaration to Carbon Mobile GmbH, as long as the customer has not yet received any information about the dispatch of the goods to him or the pre-ordered goods themselves. The existing right of withdrawal for consumers, if any, remains unaffected.
2.3 STORAGE OF CONTRACT TEXT
The contract text will be stored by us for a period of 3 years. The customer will be provided with the contract text after the order via email. Apart from this, the customer will not be provided with the contract text.
ACCEPTING THE ORDER
An order that is binding for you comes into effect when all of the data necessary to complete the contract has been entered, you have confirmed acceptance of these terms and conditions and you have clicked the "Pay now" button. Up until the moment you click this button, you can change your order and the data associated with your order at any time. The purchase contract is concluded the in the moment of payment.
4. ORDER VOLUME
Orders may only be placed for normal household volumes. Carbon Mobile GmbH reserves the right to reject in whole or parts any order that exceeds these volumes.
5. DELIVERY AND DELIVERY CHARGES
The delivery of the ordered merchandise will be made to the delivery address specified by the ordering party. If one or more of the items you have ordered are sold out at the time of ordering, we will not be able to accept your order. This does not apply to products for which we offer pre-order. We will then inform you immediately by email if this should be the case. Delivery will be made by DHL, DHL Express, GLS, Fedex or UPS. We offer free shipping to all countries we ship to.
All EURO prices specified for merchandise in the Online Shop already contain the relevant valid VAT. All USD prices stated for goods in the online shop are export prices without sales/VAT tax and are therefore only valid for orders whose delivery address is outside the EU. You can choose from a number of different payment types: By credit card (for example Visa, MasterCard/Maestro and others) By Instant Transfer (not available for all countries) By PayPal By invoice from Klarna: For down payments for pre-orders: The invoice must be paid by bank transfer within 14 days (longer terms payment optional) from the order. Klarna also offers other payment terms after you are forwarded to their payment page. Klarna also enables you to convert the payment into an installment payment later. More on the conditions at https://www.klarna.com/de/smoooth/ Carbon Mobile GmbH is not responsible for the contractual agreements between you and Klarna. By invoice from Klarna: When paying the balance amount for your pre-order or for products that are in stock: The invoice must be paid by bank transfer within 14 days (longer payment terms optional) from dispatch of the goods. Klarna also offers other payment terms after forwarding to their payment page. Klarna also enables you to convert the payment into an installment payment later. More on the conditions at https://www.klarna.com/de/smoooth/ Carbon Mobile GmbH is not responsible for the contractual agreements between you and Klarna. Please note that agreements you may have with your credit institute or other institutions may result in additional costs for electronic transfers, holding an account, etc. We reserve the right to limit the use of the payment methods named above to one or more of the options listed.
7. RETENTION OF TITLE
Until such time as full payment has been received, the merchandise remains our property.
8. STATUTORY RIGHT OF WITHDRAWAL
8.1 STATUTORY RIGHT OF WITHDRAWAL
NOTICE OF WITHDRAWAL
RIGHT OF WITHDRAWAL
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. To exercise the right of withdrawal, you must inform us Carbon Mobile GmbH, Winterfeldtstr. 21, 10781 Berlin, Germany, Tel.: +49 - (0)30 - 1208 203, E-Mail: [email protected] of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
EFFECTS OF WITHDRAWAL
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may have withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, which is the earliest. You shall send back the goods or hand them over to Carbon Mobile GmbH Winterfeldtstr. 21 10781 Berlin, Germany without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. We will bear the cost of returning the goods for orders from Germany and the buyer bears the cost for orders from any other country. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
MODEL WITHDRAWAL FORM
To: Carbon Mobile GmbH, Winterfeldtstr. 21, 10781 Berlin, Germany, Tel.: +49 - (0)30 - 1208 203, Email: [email protected] I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods/for the provision of the following service: - Ordered on (*) / Received on (*) - Order number - Name of consumer(s): - Address of consumer(s) - Signature of consumer(s) (only if this form is notified on paper) - Date (*)
9.1 RETURNS OF ORDERS FROM GERMANY
For a free return, please use the Freeway parcel label, which we will send you by email after receipt of your cancellation. If you do not receive an email with your Freeway parcel stamp within 3 working days of your revocation, please contact again: [email protected] You are responsible for a proper packaging that prevents damages to the product during transit. Please keep the package delivery note in the event that it needs to be traced. If you choose another method of dispatch for your returns, you are responsible for the costs. The address for returns is: Carbon Mobile GmbH Winterfeldtstr. 21 10781 Berlin Germany
9.2 RETURNS OF ORDERS FORM OTHER COUNTRIES (INCL. OTHER EU COUNTRIES)
The costs for the return shipment are to be borne by the customer. The address for returns is: Carbon Mobile GmbH Winterfeldtstr. 21 10781 Berlin Germany You are responsible for a proper packaging that prevents damages to the product during transit Please keep the package delivery note in the event that it needs to be traced.
Your legal guarantee claim period is 2 years and starts with receipt of the merchandise. During this time, we will eliminate all faults that fall under the legal guarantee obligation. You can demand either the elimination of the fault, or the delivery of a fault-free item, although the right to choose may be limited by the existence of legal prerequisites. If it is not possible to provide a replacement, you may choose to withdraw from the sales contract or to accept a discount. By the way, the legal claim for damages only applies to the replacement of damages not compensation/replacement for any failed attempts on your part to repair item. In the event of a fault occurring within 6 months of delivery, it is probable that the goods were already faulty when purchased. If the fault shows more than 6 months after delivery, the purchaser is responsible for proving that the fault was already inherent when the purchased object was delivered. For products that the customer secured the optional CarbonCare for, this time period is extended from 6 month to 1 year.
12. APPLICABLE LAW
German law applies subject to any mandatory provisions of the applicable law of your place of residence. The UN convention is thus excluded.
13. ONLINE DISPUTE RESOLUTION
The European Commission provides an online dispute resolution platform, which can be found at http://ec.europa.eu/consumers/odr/. PUMA Europe GmbH is not obliged and willing to participate in dispute settlement proceedings before a consumer arbitration board.
14. PROVIDER IDENTIFICATION DETAILS
Carbon Mobile GmbH Winterfeldtstr. 21 10781 Berlin Deutschland Place of business: Berlin, Germany Registered with the court of Berlin-Charlottenburg, HRB 196810 B Managing Director: Firas Khalifeh Chief Operating Officer (COO): Jascha Schäfer
Email: [email protected]