Table of Contents
2. Conclusion of contract
3. Right of withdrawal
4. Prices and Terms of Payment
5. Terms of delivery and shipping
6. Conditions of participation competition/raffle
7. Retention of title
8. Liability for defects (warranty)
10. Applicable law
12. Alternative Dispute Resolution
1.1 These General Terms and Conditions (hereinafter "GTC") of Cult Car Colors c/o Clormann Design GmbH (hereinafter "Seller") apply to all contracts for the delivery of Goods that a consumer or entrepreneur (hereinafter "customer") concludes with the seller regarding the goods presented by the seller in his online shop. The inclusion of the customer's own conditions is hereby contradicted, unless otherwise agreed.
1.2 These GTC apply accordingly to contracts for the delivery of vouchers, unless expressly stated in this respect something different is regulated.
1.3 Consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed activity can be attributed. Entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2) Conclusion of contract
2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to enable the customer to submit a binding offer.
2.2 The customer can submit the offer via the online order form integrated in the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer to the seller by telephone, fax, e-mail, post or using the online contact form.
2.3 The seller has five days to accept the customer's offer,
- by sending the customer a written order confirmation or an order confirmation in text form (e-mail), whereby receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby receipt of the goods by the customer is decisive, or
- by asking the customer to pay after placing their order.
If several of the aforementioned alternatives exist, the contract comes into effect at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the customer has sent the offer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is considered a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.
2.5 When submitting an offer via the seller's online order form, the text of the contract is saved by the seller after the conclusion of the contract and sent to the customer in text form (e.g. e-mail or letter) sent. The seller does not make the contract text accessible beyond this. If the customer has set up a user account in the seller's online shop before sending his order, the order data will be archived on the seller's website and can be called up free of charge by the customer via his password-protected user account by providing the corresponding login data.
2.6 Before submitting a binding order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
2.7 The German language is available for the conclusion of the contract.
2.8 Order processing and contact are usually made by email and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned to process the order can be delivered.
3) Right of withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 More detailed information on the right of cancellation can be found in the seller's cancellation policy.
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory sales tax. Any additional delivery and shipping costs are specified separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for money transfers by banks (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also be incurred in relation to the transfer of money if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The customer will be informed of the payment option(s) in the seller's online shop.
5) Terms of delivery and shipping
51 Goods are delivered by mail to the delivery address specified by the customer, unless otherwise agreed.
5.2 If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the delivery if the customer effectively exercises his right of withdrawal. If the customer effectively exercises the right of cancellation, the regulation made in the seller's cancellation policy applies to the return costs.
5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller hands over the item to the freight forwarder, carrier or other person responsible for carrying out the shipment to a specific person or institution. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold only passes when the goods are handed over to the customer or an authorized recipient. Deviating from this, the risk of accidental loss and accidental deterioration of the goods sold also passes to the customer for consumers as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment, if the Customer instructs the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment to carry out the shipment and the seller has not previously named this person or institution to the customer.
5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to himself. This only applies in the event that the seller is not responsible for the non-delivery and has concluded a specific hedging transaction with the supplier with due diligence. The seller will use all reasonable efforts to procure the goods. If the goods are unavailable or only partially available, the customer will be informed immediately and the consideration will be reimbursed immediately.
5.5 For logistical reasons, pickup is not possible.
5.6 Coupons are left to the customer as follows:
6) Conditions of participation competition/raffle
By participating in the competition, the user agrees to the following conditions of participation and the data protection declaration.
6.1 How to win?
Participation in the competition takes place by subscribing to the cultcarcolors Instagram page and sending a PM to cultcarcolors in which you tell Cult Car Colors your favorite boxer color. Participation in the competition is independent of a customer relationship. A business relationship with the organizer does not increase the chance of winning. Postal deliveries will not be taken into account in the draw.
6.2 How long does the competition take place?
The exact period can be found in the respective post.
6.3 Who can participate?
Participation is free and for any natural person who is at least 16 years old and lives in our shipping area.
6.4 Who will be excluded from participation?
The organizer is entitled to exclude individuals from participation if there are legitimate reasons, such as violation of these conditions of participation, double or multiple participation, manipulation, etc., and reserves the right to take legal action. Sweepstakes associations and automated sweepstakes services are not eligible to participate. Please enter only once per competition question. Multiple entries do not increase the chance of winning, as they are filtered and blocked from the draw.
6.5 How are the winners determined?
Winners will be chosen at random.
6.6 How will I know if I've won?
The winner will be notified by mentioning it in a comment under the competition post.
6.7 How do I get my prize?
With the notification of the winner, the winner will be asked to provide the promoter with their correct name, address and date of birth. The participant is responsible for the accuracy of the contact details provided. The prize will be sent to the winner.
6.8 What happens if I don't report back after being notified of a win?
If a winner does not contact the organizer within 3 working days after being notified of the win, the prize will be forfeited. The same applies in the event that a winner provides incorrect contact details and it is therefore not possible to send or hand over the prize.
6.9 reservation clause
The organizer reserves the right to modify, interrupt or end the competition at any time without prior notice and without giving reasons. However, this option is only used if due to force majeure, technical reasons (e.g. viruses in the computer system, manipulation or errors in the hardware and/or software) or legal reasons, proper execution of the game cannot be guaranteed can. The organizer is not liable for any loss, cancellation or delay caused by circumstances beyond its control.
6.11 Organizer of the competition
This contest is not affiliated with Instagram and is in no way sponsored, endorsed or administered by Instagram.
Promoter, organizer and recipient is not Instagram but:
Cult Car Colors
Source path 4
Any contest questions, comments or complaints should be directed to Cult Car Colors and not to Facebook/Instagram.
Prize entitlements may not be transferred or assigned to any other person. The legal process is excluded. Should individual provisions of the Conditions of Participation be or become invalid, the validity of the remaining Conditions of Participation shall remain unaffected.It is replaced by an appropriate provision that most closely corresponds to the purpose of the invalid provision. The organizer reserves the right to change the conditions of participation at any time.
7) Retention of title
7.1 To consumers, the seller reserves title to the delivered goods until the purchase price owed has been paid in full.
7.2 The seller retains title to the goods delivered to entrepreneurs until all claims from an ongoing business relationship have been settled in full.
7.3 If the customer acts as an entrepreneur, he is entitled to resell the reserved goods in the ordinary course of business. The customer assigns all resulting claims against third parties in the amount of the respective invoice value (including sales tax) to the seller in advance. This assignment applies regardless of whether the reserved goods have been resold without or after processing. The customer remains authorized to collect the claims even after the assignment. The seller's authority to collect the claims himself remains unaffected. However, the seller will not collect the claims as long as the customer meets his payment obligations to the seller, does not default in payment and no application for the opening of insolvency proceedings has been filed.
8) Liability for defects (warranty)
If the purchased item is defective, the statutory liability for defects applies. Deviating from this, the following applies:
8.1 If the customer acts as an entrepreneur,
- the seller has the choice of the type of supplementary performance;
- in the case of new goods, the limitation period for defects is one year from the transfer of risk;
- In the case of used goods, the rights and claims due to defects are fundamentally excluded;
- the limitation period does not begin again if a replacement delivery is made as part of the liability for defects.
8.2 If the customer acts as a consumer, the following applies to used goods with the restriction of the following number: Claims for defects are excluded if the defect only occurs one year after delivery of the goods. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period.
8.3 The limitations of liability and shortened deadlines set out in the above paragraphs do not apply
- for things that have been used for a building in accordance with their normal use and have caused its defectiveness,
- for claims for damages and reimbursement of expenses by the customer, as well as
- in the event that the seller has fraudulently concealed the defect
8.4 Furthermore, for entrepreneurs, the statutory limitation periods for the right of recourse according to § 445b BGB remain unaffected.
8.5 If the customer acts as a merchant within the meaning of § 1 HGB, he has the commercial obligation to examine and give notice of defects according to § 377 HGB. If the customer fails to comply with the notification obligations regulated there, the goods are deemed to have been approved.
8.6 If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect whatsoever on his statutory or contractual claims for defects.
The seller is liable to the customer for all contractual, quasi-contractual and statutory, including tortious claims for damages and reimbursement of expenses as follows:
91 The seller is fully liable for any legal reason
- in the event of intent or gross negligence,
- in the event of intentional or negligent injury to life, limb or health,
- on the basis of a guarantee promise, unless otherwise agreed in this regard,
- due to mandatory liability such as under the Product Liability Act.
9.2 If the seller negligently violates an essential contractual obligation, liability is limited to the foreseeable damage typical of the contract, unless liability is unlimited in accordance with the above clause. Essential contractual obligations are obligations which the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer can regularly rely.
9.3 Otherwise, the seller is not liable.
9.4 The above liability regulations also apply with regard to the liability of the seller for his vicarious agents and legal representatives.
10) Governing Law
The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the place of business of the seller. If the customer has his registered office outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is in any case entitled to appeal to the court at the customer's registered office.
12) Alternative Dispute Resolution
12.1 The EU Commission provides a platform for online dispute resolution under the following link: https://ec.europa.eu/consumers/odr This platform serves as a contact point for out-of-court settlement of Disputes arising from online sales or service contracts involving a consumer.
12.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board..