Terms and Conditions

General terms and conditions of business

1. Scope

The following terms and conditions apply to all orders placed via our online shop by consumers and businesses.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor independent professional. An entrepreneur is a natural or legal person, or a partnership with legal capacity, who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.

These General Terms and Conditions also apply to future business relationships with businesses, without us having to refer to them again. If the business uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they will only become part of the contract if we have expressly agreed to them.

2. Contracting parties, conclusion of contract

The purchase contract is concluded with DieCrema GmbH.

The presentation of products in the online shop does not constitute a legally binding offer, but rather a non-binding online catalog. You can initially place our products in your shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained during the ordering process. By clicking the order button, you place a binding order for the goods contained in your shopping cart. Confirmation of receipt of your order will be sent by email immediately after submitting the order.

When the contract with us is concluded depends on the payment method you choose:

Prepayment

We will accept your order by sending a separate email within two days, in which we will provide you with our bank details.

PayPal, PayPal Express
During the ordering process, you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment instruction to PayPal. After placing your order in the shop, we will request PayPal to initiate the payment transaction, thereby accepting your offer.

PayPal Plus
As part of the PayPal Plus payment service, we offer you various payment methods as PayPal Services. After placing your order, you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment instruction to PayPal. This will conclude the contract with us.

3. Contract language, contract text storage

The language available for concluding the contract is German.

We save the contract text and send you the order details and our terms and conditions by email. For security reasons, the contract text is no longer accessible online.

4. Delivery conditions

Shipping costs may apply in addition to the stated product prices. Further details regarding applicable shipping costs can be found in the respective offers.

You can generally pick up your order from DieCrema GmbH, Rhöndorfer Str. 38a, 53604 Bad Honnef, Germany, during the following business hours: Monday to Wednesday 10 a.m. - 3 p.m., Thursday - Friday 1 p.m. - 6 p.m. Please notify us at least one business day before your pickup so that we can prepare the goods from our warehouse. You can also pay with an EC card and PIN.

5. Payment

In our shop you can generally use the following payment methods:

Prepayment
If you choose to pay in advance, we will send you our bank details in a separate email and deliver the goods after receipt of payment.

PayPal, PayPal Express
During the ordering process, you will be redirected to the website of the online provider PayPal. To pay the invoice amount via PayPal, you must be registered there or first register, authenticate yourself with your login details, and confirm the payment instruction to us. After placing your order in the shop, we will request PayPal to initiate the payment transaction.
The payment transaction will be processed automatically by PayPal immediately afterward. Further instructions will be provided during the ordering process.

PayPal Plus
As part of the PayPal Plus payment service, we offer you various payment methods as PayPal Services. You will be redirected to the PayPal website. There you can enter your payment details, confirm PayPal's use of your data, and confirm the payment instruction to PayPal.

If you have chosen PayPal as your payment method, you must be registered with PayPal to pay the invoice amount, or you must first register and authenticate yourself with your login details. PayPal will process the payment transaction automatically immediately after confirming your payment order. You will receive further information during the ordering process.

If you have chosen to pay by credit card , you do not need to be registered with PayPal to pay the invoice amount. The payment transaction will be processed immediately after the payment order has been confirmed and you have verified your identity as the legitimate cardholder by your credit card company, at PayPal's request, and your card will be charged. Further information will be provided during the ordering process.

If you have chosen direct debit as your payment method, you do not need to be registered with PayPal to pay the invoice amount. By confirming the payment order, you grant PayPal a direct debit mandate. PayPal will inform you of the date your account will be debited (so-called prenotification). Upon submitting the direct debit mandate immediately after confirming the payment order, PayPal will request its bank to initiate the payment transaction. The payment transaction will be processed, and your account will be debited. You will receive further information during the ordering process.

If you have chosen to pay by invoice , you do not need to be registered with PayPal to pay the invoice amount. After a successful address and credit check and the order has been placed, we assign our claim to PayPal. In this case, you can only pay to PayPal with debt-discharging effect. PayPal's Terms and Conditions and Privacy Policy apply to payment processing via PayPal – in addition to our Terms and Conditions. Further information and PayPal's complete Terms and Conditions for purchase on account can be found here: https://www.paypal.com/de/webapps/mpp/ua/pui-terms?locale.x=de_DE .

6. Retention of title

The goods remain our property until full payment has been made.
The following additionally applies to entrepreneurs: We retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from this resale – regardless of whether the reserved goods are combined or mixed with a new item – in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims; however, we may also collect claims ourselves if you fail to meet your payment obligations.

7. Transport damage

For consumers:
If goods are delivered with obvious transport damage, please report such defects to the delivery person as soon as possible and contact us immediately. Failure to file a complaint or contact us will have no consequences for your statutory rights and their enforcement, in particular your warranty rights. However, you will help us assert our own claims against the carrier or transport insurance.

For entrepreneurs:
The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the freight forwarder, carrier, or other person or institution designated to carry out the shipment. Among merchants, the obligation to inspect and notify defects stipulated in Section 377 of the German Commercial Code (HGB) applies. If you fail to provide the notification stipulated therein, the goods shall be deemed accepted, unless the defect was not detectable upon inspection. This does not apply if we have fraudulently concealed a defect.

8. Warranty and guarantees

Unless expressly agreed otherwise below, the statutory liability for defects shall apply.
When purchasing used goods by consumers, the following applies: if the defect occurs after one year from delivery of the goods, claims for defects are excluded. Defects that occur within one year from delivery of the goods can be asserted within the statutory limitation period of two years from delivery of the goods.
For businesses, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The sale of used goods is subject to the exclusion of any warranty. The statutory limitation periods for recourse claims pursuant to Section 445a of the German Civil Code (BGB) remain unaffected.
For businesses, only our own information and the manufacturer's product descriptions included in the contract shall be deemed to constitute an agreement regarding the quality of the goods; we assume no liability for public statements made by the manufacturer or other advertising statements.
If the delivered item is defective, we will initially provide a warranty to entrepreneurs at our discretion by eliminating the defect (repair) or by delivering a defect-free item (replacement delivery).
The above limitations and shortening of time limits do not apply to claims based on damages caused by us, our legal representatives or vicarious agents

  • in case of injury to life, body or health
  • in the event of intentional or grossly negligent breach of duty and fraudulent intent
  • in the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations)
  • within the framework of a guarantee promise, if agreed
  • insofar as the scope of application of the Product Liability Act is open.

Information on any additional warranties that may apply and their exact terms and conditions can be found with the product and on special information pages in the online shop.

Customer service: You can reach our customer service for questions, complaints and objections on weekdays from 10:00 a.m. to 3:00 p.m. by phone at 02224-9898873 or by email at info@diecrema.de

9. Liability

We are always liable without limitation for claims based on damages caused by us, our legal representatives or vicarious agents

  • in case of injury to life, body or health,
  • in the event of intentional or grossly negligent breach of duty,
  • in the case of guarantee promises, if agreed, or
  • insofar as the scope of application of the Product Liability Act is open.

In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations), due to slight negligence on our part, our legal representatives, or our vicarious agents, liability is limited to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.

10. Code of Conduct

We have submitted ourselves to the following codes of conduct:
Trusted Shops
http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf

11. Dispute resolution
The European Commission provides a platform for online dispute resolution (ODR), which you can find here https://ec.europa.eu/consumers/odr/ .
We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

12. Final provisions

If you are an entrepreneur, German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.

If you are a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between you and us is our place of business.