Terms of service

I. General Terms and Conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Car-e-Cover GmbH) via the website www.car-e-cover.de. Unless otherwise agreed, the inclusion of any of your own terms and conditions is hereby objected to.

(2) Consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that predominantly cannot be attributed to their commercial or independent professional activity. Entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

§ 2 Formation of the Contract

(1) The subject matter of the contract is the sale of goods.

(2) By listing the respective product on our website, we already make you a binding offer to conclude a contract via the online shopping cart system on the terms stated in the product description.

(3) The contract is concluded via the online shopping cart system as follows: The goods intended for purchase are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time. After clicking the "checkout" or "proceed to order" button (or a similarly labeled button) and entering your personal data as well as the payment and shipping terms, the order data is finally displayed to you as an order summary. If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as the payment method, you will either be taken to the order summary page in our online shop or redirected to the website of the instant payment system provider. Before submitting the order, you have the opportunity to review the details in the order summary again, change them (also via the "back" function of the internet browser), or cancel the order. By submitting the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order subject to charge", "pay" / "pay now" or a similarly labeled button), you declare your legally binding acceptance of the offer, whereby the contract is concluded.

(4) Your requests for the creation of a quote are non-binding for you. We will provide you with a binding quote in text form (e.g. by email), which you may accept within 5 days (unless a different period is specified in the respective quote).

(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is carried out by email, in part automatically. You must therefore ensure that the email address you have provided to us is correct, that the technical receipt of emails is ensured, and in particular that it is not prevented by SPAM filters.

§ 3 Special Agreements Regarding Offered Payment Methods

(1) Payment via „PayPal" / „PayPal Checkout"
If you select a payment method offered via „PayPal" / „PayPal Checkout", payment processing is carried out by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; „PayPal"). The individual payment methods available via „PayPal" are shown to you under an appropriately labeled button on our website and during the online ordering process. For payment processing, „PayPal" may make use of additional payment services; insofar as special payment terms apply to these, you will be informed of them separately. Further information on „PayPal" can be found at: https://www.paypal.com/de/webapps/mpp/ua/legalhub-full

(2) Payment via "Shopify Payments"
If you select a payment method offered via "Shopify Payments", the Shopify Payments service of Shopify International Limited (2nd Floor Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland), payment processing is carried out by the payment service provider Stripe Payments Europe, Ltd. (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland; "Stripe"). The individual payment methods available via Shopify Payments are displayed to you under an appropriately labeled button on our website and in the online ordering process. For payment processing, Stripe may make use of further payment services; where special payment terms apply to these, you will be informed of them separately. Further information on Shopify Payments can be found at: https://www.shopify.com/de/legal/terms-payments/de

§ 4 Right of Retention, Retention of Title

(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

(3) If you are an entrepreneur, the following additionally applies:

a) We reserve title to the goods until all claims arising from the ongoing business relationship have been settled in full. Before title to the reserved goods passes, pledging or assignment as security is not permitted.

b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us in advance all claims in the amount of the invoice amount arising from the resale, and we accept this assignment. You remain authorized to collect the claim. However, insofar as you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.

c) In the case of combination and mixing of the reserved goods, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.

d) We undertake to release, at your request, the securities to which we are entitled to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is at our discretion.

§ 5 Warranty

(1) The statutory warranty rights apply.

(2) As a consumer, you are requested to check the goods for completeness, obvious defects, and transport damage promptly upon delivery and to notify us and the carrier of any complaints as quickly as possible. Failure to do so has no effect on your statutory warranty claims.

(3) Insofar as a characteristic of the goods deviates from the objective requirements, the deviation is only deemed agreed if you were informed of it by us before submitting your contractual declaration and the deviation was expressly and separately agreed between the contracting parties.

(4) If you are an entrepreneur, the following applies by way of derogation from the above warranty provisions:

a) Only our own information and the manufacturer's product description are deemed agreed as the condition of the goods, but not other advertising, public statements, and comments by the manufacturer.

b) In the event of defects, we provide warranty, at our discretion, by repair or replacement delivery. If the remedy of the defect fails, you may, at your discretion, demand a price reduction or withdraw from the contract. The remedy of the defect is deemed to have failed after an unsuccessful second attempt, unless the nature of the goods or the defect or other circumstances indicate otherwise. In the case of repair, we are not required to bear the increased costs arising from moving the goods to a location other than the place of performance, provided that such relocation does not correspond to the intended use of the goods.

c) The warranty period is one year from delivery of the goods. The shortened period does not apply:

– for damages attributable to us caused by culpable injury to life, body, or health, and for other damages caused intentionally or through gross negligence;

– insofar as we have fraudulently concealed the defect or assumed a guarantee for the condition of the item;

– for items that have been used in accordance with their customary manner of use for a building and have caused its defectiveness;

– for statutory recourse claims you have against us in connection with defect rights.

§ 6 Choice of Law, Place of Performance, Jurisdiction

(1) German law applies. For consumers, this choice of law applies only insofar as it does not deprive the consumer of the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence (favorability principle).

(2) The place of performance for all services arising from the business relationships existing with us, as well as the place of jurisdiction, is our registered office, provided 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 domicile or habitual residence is not known at the time the action is brought. The right to also bring proceedings before a court at another statutory place of jurisdiction remains unaffected.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.

II. Customer Information

1. Identity of the seller

Car-e-Cover GmbH
Maysweg 10 Gebäude P2
47918 Tönisvorst
Germany
Phone: 02151-6232291
Email: info@car-e-cover.de

We are willing, but not obligated, to participate in dispute resolution proceedings before consumer arbitration boards.

2. Information on the formation of the contract

The technical steps for concluding the contract, the conclusion of the contract itself, and the correction options are carried out in accordance with the provisions „Conclusion of the Contract" of our general terms and conditions (Part I.).

3. Contract language, storage of the contract text

3.1. The language of the contract is German.

3.2. We do not store the complete text of the contract. Before submitting the order via the online shopping cart system, the contract data can be printed out using the browser's print function or saved electronically. After we receive the order, the order data, the information required by law for distance contracts, and the general terms and conditions will be sent to you again by email.

3.3. For quote requests outside the online shopping cart system, you will receive all contract data as part of a binding quote in text form, e.g. by email, which you can print out or save electronically.

4. Essential characteristics of the goods or service

The essential characteristics of the goods and/or services can be found in the respective offer.

5. Prices and payment terms

5.1. The prices stated in the respective offers as well as the shipping costs are total prices. They include all price components including all applicable taxes.

5.2. The applicable shipping costs are not included in the purchase price. They can be viewed via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process, and are to be borne by you in addition, unless free shipping has been promised.

5.3. Any costs incurred for money transfers (transfer fees or exchange rate fees charged by credit institutions) are to be borne by you in cases where delivery takes place to an EU member state but payment was initiated from outside the European Union.

5.4. The payment methods available to you are indicated under a correspondingly labeled button on our website or in the respective offer.

5.5. Unless otherwise specified for the individual payment methods, payment claims arising from the concluded contract are due for payment immediately.

6. Delivery conditions

6.1. The delivery conditions, the delivery date, and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.

6.2. If you are a consumer, it is statutorily regulated that the risk of accidental loss and accidental deterioration of the item sold during shipment only passes to you upon handover of the goods to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person otherwise designated to carry out the shipment. If you are an entrepreneur, delivery and shipment are at your risk.

7. Statutory liability for defects

Liability for defects is governed by the provision „Warranty" in our general terms and conditions (Part I).