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 entrepreneurs.

A consumer is any natural person who concludes a legal transaction for purposes that cannot be attributed predominantly to their commercial or independent professional activity. An entrepreneur 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.

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

2. Contracting parties, conclusion of contract

The purchase contract is concluded with DieCrema GmbH.

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

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

Prepayment

We accept your order by sending a declaration of acceptance in a separate email within two days, in which we will give you 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 the order in the shop, we ask PayPal to initiate the payment transaction and thereby accept 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 concludes 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 general terms and conditions by email. For security reasons, the contract text is no longer accessible via the Internet.

4. Delivery conditions

In addition to the stated product prices, shipping costs may apply. You can find more detailed information on any shipping costs in the offers.

You generally have the option of picking up your order from DieCrema GmbH, Rhöndorfer Str. 38a, 53604 Bad Honnef, Germany during the following business hours: Monday to Friday 10:00 a.m. to 6:00 p.m., except on public holidays. Please inform us at least one working day before your pick-up so that we can prepare the goods from our warehouse. You can also pay here 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. In order to pay the invoice amount via PayPal, you must be registered there or register first, authenticate yourself with your access data and confirm the payment instruction to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction.
The payment transaction will be carried out automatically by PayPal immediately afterwards. You will receive further information 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 website of the online provider PayPal. There you can enter your payment details, confirm the use of your data by PayPal and the payment instruction to PayPal.

If you have chosen PayPal as your payment method, you must be registered there or register first and authenticate yourself with your login details in order to pay the invoice amount. PayPal will carry out the payment transaction automatically immediately after you confirm the 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 in order to pay the invoice amount. The payment transaction will be carried out by your credit card company immediately after confirmation of the payment order and after you have been identified as the legitimate cardholder, and your card will be charged at the request of PayPal. You will receive further information 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 give PayPal a direct debit mandate. PayPal will inform you of the date on which your account will be debited (so-called prenotification). By submitting the direct debit mandate immediately after confirming the payment order, PayPal will ask its bank to initiate the payment transaction. The payment transaction will be carried out 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 in order 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 a debt-discharging effect. For payment processing via PayPal, the terms and conditions and the privacy policy of PayPal apply - in addition to our terms and conditions. Further information and the complete terms and conditions of PayPal 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 also applies to entrepreneurs: We retain title to the goods until all claims 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, but we may also collect claims ourselves if you do not meet your payment obligations.

7. Transport damage

The following applies to consumers:
If goods are delivered with obvious transport damage, please complain about such errors to the deliverer as soon as possible and contact us immediately. Failure to complain or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, you will help us to assert our own claims against the freight carrier or transport insurance.

The following applies to entrepreneurs:
The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the forwarding agent, the carrier or the other person or institution designated to carry out the shipment. The obligation to inspect and give notice of defects as set out in Section 377 of the German Commercial Code applies to merchants. If you fail to give notice as set out there, the goods are deemed to have been approved, unless the defect was not apparent during the 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 applies.
When consumers buy used goods, 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 claimed within the statutory limitation period of two years from delivery of the goods.
For entrepreneurs, 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 under Section 445a of the German Civil Code remain unaffected.
In dealings with businesses, only our own information and the manufacturer's product descriptions included in the contract are 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 restrictions 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 or malice
  • 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 guarantees that may apply and their exact terms and conditions can be found on the product itself 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 6:00 p.m. by telephone 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 fulfilment 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 vicarious agents, liability is limited to the amount of damage that was foreseeable at the time the contract was concluded and which must typically be expected to occur. In all other respects, claims for damages are excluded.

10. Code of Conduct

We have subjected ourselves to the following codes of conduct:
TrustedShops
http://www.trustedshops.com/tsdocument/ TS_QUALITY_CRITERIA_de.pdf

11. Dispute settlement
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 a dispute resolution procedure 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.