Terms & Conditions
1. Scope of Application
These General Terms and Conditions (GTC) govern the sale of products to you via the website www.revell.de by Carrera Toys GmbH.
Customers within the meaning of these terms and conditions are both consumers and entrepreneurs. In this context, the customer is a consumer insofar as the purpose of the ordered supplies and services cannot be predominantly attributed to his commercial or self-employed professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
In addition, the provisions of our privacy policy apply to the use of our website, which can be accessed and stored under www.revell.de/de/datenschutz.
2. Webshop Operator
The operator of this webshop is the
Carrera Toys Gesellschaft m.b.H.
Rennbahn Allee 1
5412 Puch bei Salzburg
AUSTRIA
(hereinafter referred to as "CTG")
Managing Director: Stefan Krings
Commercial Register Number: 52240 z
Registration court: Landesgericht Salzburg
Legal form: Limited liability company
Purpose of the company: Wholesale of toys and musical instruments
Responsible supervisory authority: Bezirkshauptmannschaft Hallein
Applicable professional regulations: Gewerbeordnung 1994 (www.ris.bka.gv.at)
Memberships: Austrian Chamber of Commerce, Salzburg Chamber of Commerce
VAT number: ATU33808804
www.revell.de phone number: +43/662/88921-333
Fax: +43/662/88921-510
E-mail: shop@carrera-toys.com
3. Ordering and Conclusion of Contract
The presentation of the products in the webshop is not a legally binding offer by CTG, but merely represents an invitation to submit an offer by the customer. The customer can place the desired products in the shopping cart without obligation and view the contents of the shopping cart at any time without obligation and also remove products from the shopping cart. If the customer wants to purchase the products placed in the shopping cart, he can place a corresponding order.
3.1 Guest order and customer account
Before placing an order, the customer has the choice of ordering as a guest or creating a customer account. Registration is not required for an order. Registration allows you to place an order for future orders after entering your e-mail address and password without having to re-enter your address details. The customer is responsible for the confidentiality of the account and password. If you want to order without registration, you can enter your address data after clicking on the button "Continue as guest".
In any case, the customer must provide his first and last name, his billing address and, if different, a delivery address as well as his e-mail address from which he can receive, read, save and print e-mails from CTG at the designated place in the webshop. Before submitting the order, the customer can change and view the entered data at any time.
By placing an order in the webshop, which is completed by clicking on the "Order now for a fee" button, the customer submits an offer to conclude a purchase contract. In advance, the customer must accept the terms and conditions of the contract by clicking the button "I accept the General Terms and Conditions."
The customer then receives an order confirmation from the seller. The contract is concluded with the order confirmation, which represents the acceptance of the application. In this e-mail, but no later than the delivery of the goods, the terms and conditions of the contract will be sent to the customer on a durable medium (e-mail or paper printout). The text of the contract is stored in compliance with data protection.
The contract is concluded in German.
3.2. VAT agreement with corporate customers
For customers who are entrepreneurs, the following VAT agreement applies: If you are registered for VAT in a member state of the European Union and have received a VAT number from a member state of the European Union, you can provide this VAT number and, subject to the conditions set out below, use it for purchases on www.revell.de. Do not submit your VAT number unless you have read and accepted all the terms and conditions listed below.
After verifying your VAT number, our systems will determine whether VAT is due on your purchases and automatically issue a valid invoice in accordance with the EU VAT Directive and local VAT regulations.
If you are not charged VAT on your purchases, please note that you are responsible for meeting your VAT obligations under the EU VAT Directive and local VAT regulations, where applicable.
You are responsible for complying with your VAT and other declaration obligations under the EU VAT Directive and local VAT regulations, if applicable.
You warrant that the VAT number and VAT number that you provide on www.revell.de belong to the business you operate and that such business is registered for VAT in a member state of the European Union.
You warrant that all transactions through your customer account on www.revell.de are business-relevant transactions of the company associated with the VAT number and VAT certificate that you provide to CTG.
You warrant that the VAT number, the VAT number and any other information you provide are true, accurate and up-to-date, and you will immediately update such information held by CTG in the event of any changes.
All information, including your VAT number, will be collected, processed and managed in accordance with the terms and conditions provided for in CTG's Terms and Conditions and Privacy Policy.
CTG reserves the right, to the extent permitted by law, to request further information from you or government agencies and agencies and to obtain confirmation of the validity of your account information (including your VAT number and/or VAT certificate). You hereby authorize CTG to request and obtain such information from the relevant government authorities and agencies as CTG deems necessary. In addition, you agree to pass on this information to the CTG upon request.
CTG reserves the right to charge you for any applicable uncalculated VAT if you provide a VAT number that is found to be invalid or is not associated with your business information or does not relate to the CTG account holder making the order as determined by the tax authorities. You hereby grant CTG the right to charge your credit card or account for such uninvoiced VAT.
Please note that you cannot use your VAT number for gift card purchases. Invoices for gift card orders do not show VAT. Sales tax is due and reflected on the invoice as soon as you use a voucher to pay for an order.
You agree that you will receive invoices electronically. Electronic invoices are made available to you in PDF format in the "My Account" section of the website.
4. Right of withdrawal
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Consumers generally have a statutory right of revocation when concluding a distance selling transaction, about which the seller informs in accordance with the legal model below.
Cancellation
Withdrawal
You have the right to withdraw from this contract within fourteen days without giving reasons. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.
In order to exercise your right of withdrawal, you must inform us (Carrera Toys Gesellschaft m.b.H., Rennbahn Allee 1, 5412 Puch bei Salzburg, Austria, telephone number: +43/662/88921-333, fax number: +43/662/88921-510, e-mail address: shop@carrera-toys.com) of your decision to withdraw from this contract by means of an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You can use the attached model withdrawal form for this, but it is not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of revocation
If you withdraw from this contract, we shall reimburse you all payments we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless otherwise expressly agreed with you; in no case will you be charged any fees for this repayment.
We may withhold reimbursement until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without undue delay and in any case no later than fourteen days from the day on which you inform us of the withdrawal from this contract. The deadline is met if you send the goods before the expiry of the fourteen day period.
You will bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss of value is due to handling of you that is not necessary to check the nature, properties and functioning of the goods.
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5. Prices and Payment
All prices in the webshop are in euros and include the applicable statutory sales tax and including packaging and/or shipping costs. If packaging and/or shipping costs are incurred, these will be calculated and shown separately by CTG. The customer can choose the payment methods displayed at the end of the order process, namely payment by credit card, PayPal, purchase on account or Klarna. The payment methods available may vary depending on the country. If you pay by credit card, this will be charged when the goods are shipped. Until the order is shipped, the invoice amount will be reserved on your card.
Additional terms and conditions for purchase on account and in installments
Payments can also be made (partially) through vouchers. For payment with a gift or promotional voucher, please note the provisions in No. 6 et seq.
6. Gift and promotional vouchers
We generally offer gift and promotional vouchers. Gift vouchers are vouchers that you can purchase. Promotional vouchers are vouchers that you cannot purchase, but that we issue as part of promotional campaigns with a certain period of validity.
Please note that different terms and conditions apply to gift and promotional vouchers. Furthermore, gift and promotional vouchers cannot be redeemed for all sales models.
7. Redeeming promotional vouchers
Promotional vouchers (vouchers that you cannot purchase but that we issue as part of promotional campaigns with a certain period of validity) are only valid for the specified period and can only be redeemed once as part of an order process. Individual products may be excluded from the voucher campaign.
In individual cases, the value of the goods may be linked to a minimum order value. For administrative reasons, it is not possible to refund any remaining credit.
Promotional vouchers can only be redeemed before the order process has been completed. Subsequent offsetting is not possible. The balance of a promotional voucher is neither paid out in cash nor does interest accrue.
The promotional voucher cannot be transferred to third parties. Multiple promotional vouchers cannot be combined with each other.
If the credit of a promotional voucher is not sufficient for the order, the difference can be made up with the payment options offered.
The promotional voucher will not be refunded if goods are returned in whole or in part, provided that the promotional voucher was issued as part of a promotional campaign and no consideration was provided for it.
If you order several goods, you have the option of making a partial withdrawal. If you have used a promotional voucher as part of your order, the value of the item(s) you keep may be less than the value of the promotional voucher. In this case, a refund of the purchase price for the returned product(s) would lead to an indirect payment of the promotional voucher. Therefore, we reserve the right to charge you the original purchase price of the goods(s) you keep.
8. Redeeming gift vouchers
Gift vouchers (vouchers that you can purchase) can be redeemed for the purchase of Carrera items. However, they cannot be used to purchase additional gift vouchers.
The balance of a gift voucher is neither paid out in cash nor interest.
Gift vouchers and credits can only be redeemed before the order process is completed. Gift vouchers and credit cannot be credited retrospectively.
A cancellation of the purchase of a gift voucher can only be made by our customer service if the gift voucher has not yet been redeemed. A gift voucher is considered redeemed if it has been partially or fully offset against an order.
If the credit of a gift voucher is not sufficient for the order, the difference can be made up with the payment options offered.
We assume no liability in the event of loss, theft or illegibility of gift vouchers through no fault of our own.
The gift voucher is transferable. The use of the vouchers for commercial purposes is not permitted. The duplication, editing or manipulation of the vouchers is also not permitted.
In the event of the revocation of a concluded purchase contract by the customer, a new voucher will be issued to the customer by CTG upon reversal of the transaction, which corresponds to the redeemed voucher in terms of value and other redemption conditions. If only part of the purchase price has been paid by such a voucher, CTG will of course refund the additional payment made by the customer in full using the same means of payment used by the customer for the original transaction.
9. Shipping
Delivery is made as standard delivery by post. The shipping risk is borne by the seller if the customer is a consumer.
The products presented in the webshop are ready for immediate dispatch, unless expressly stated otherwise in the respective product description. The delivery time is 3 working days, unless the delivery time is indicated on the website or no different delivery time. The calculation of the delivery time is made from the time of the order confirmation, provided that the purchase price has been paid in advance (with the exception of purchase on account).
The following delivery restrictions apply:
Delivery is only made to the following countries
Austria, Germany, Belgium, Estonia, Finland, France, Ireland, Italy, Latvia, Luxembourg, Netherlands, Portugal, Slovakia, Slovenia, Spain, Croatia, Poland, Romania, Sweden, Czech Republic, Hungary, Denmark, Monaco, Greece, Cyprus, Malta, Bulgaria, Lithuania
10. Warranty
The warranty is provided in accordance with the statutory provisions.
A 2-year warranty applies from the date of purchase. It should be noted that this guarantee does not limit the customer's legal rights in the event of defects in the goods and that the exercise of these legal rights is free of charge. Claims under the separate manufacturer's warranty only exist under the following conditions:
· The warranty covers demonstrable defects in materials or workmanship that existed at the time of purchase of the Carrera Revell product. Excluded is the warranty claim for wear parts, damage caused by improper handling/use or in the event of third-party interventions.
· The toy has been handled in accordance with the instruction manual and used as intended.
· The damage/malfunctions are not due to force majeure or operational wear and tear.
· The repair may only be carried out by the company Carrera Toys Gesellschaft m.b.H. or a company authorized by it.
· Within the scope of this warranty, at the option of Carrera Toys Gesellschaft m.b.H., the Carrera product as a whole or only the defective parts will be replaced or an equivalent replacement will be granted.
· Excluded from the warranty are transport, packaging and travel costs as well as damage for which the buyer is responsible. These are to be borne by the buyer.
· Warranty claims can only be claimed by the first purchaser of the Carrera Revell product.
The duly completed warranty card is included in every Carrera product package. This must be sent together with the defective Carrera product, the purchase receipt/invoice/receipt. The warranty card may not be changed arbitrarily and cannot be replaced.
For more information on warranty returns, see www.revell.de.
In the event of faulty goods, the Carrera Toys customer service can be contacted on the shop hotline +43-662-88921-333 / +49-911-7099-333 (for callers from Germany) from Monday to Thursday (weekdays) from 9 a.m. to 3 p.m. and Friday from 9 a.m. to 12 p.m. (weekdays).
The goods can only be sent in using the return labels.
Carrera Toys GmbH, Return Online Shop, Handelszentrum 6, 5101 Bergheim, Austria
Returns from Germany: To receive a return label or to be able to print yourself, please follow the link below. Please enter the note "RETURN" and your reference/order number in the customer reference field.
Create a DHL return label
Returns from Austria:[K1]
The submission must be submitted via a GLS return label. To receive a return label or to be able to print it yourself, please follow the link below. Please enter the note "RETURN" in the return reason field.
Create GLS return label
[K1]This information refers exclusively to Germany and Austria. However, the website allows you to select a variety of languages and countries for the billing address. For these countries, which are not excluded from delivery (in accordance with point 9), no corresponding information is provided. How is the return done here?
11. Liability
CTG's liability for damages or futile expenses – regardless of the legal basis – only arises if the damage or futile expenses have been caused either by CTG or a vicarious agent of CTG through a culpable breach of a material contractual obligation or are attributable to a grossly negligent or intentional breach of duty by CTG or a vicarious agent of CTG. Essential contractual obligations are all obligations whose fulfilment is essential for the proper execution of the contract and on the compliance with which the customer regularly relies and may rely. In the event of a breach of a material contractual obligation by CTG or a vicarious agent of CTG, without gross negligence or intent, CTG's liability shall be limited to the foreseeable, typically occurring damage. The above limitations of liability do not apply to the extent that CTG's liability is mandatory due to the provisions of the Product Liability Act or if claims arising from injury to life, limb or health are asserted against CTG.
12. Out-of-court dispute resolution
The EU Commission provides a platform for out-of-court dispute resolution. This gives consumers the opportunity to resolve disputes related to their online order initially without the involvement of a court. The dispute resolution platform can be accessed under the external link http://ec.europa.eu/consumers/odr/ .
Our email address is: shop@carrera-toys.com
The seller is neither obliged nor willing to participate in dispute resolution proceedings at a consumer arbitration board.
13. Retention of Title
Until full payment has been made, the delivered product remains the property of CTG.
14. Final Provisions
This contract is subject exclusively to Austrian law with the exception of the UN Convention on Contracts for the International Sale of Goods (United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980). However, this choice of law does not have the effect of depriving the consumer of the protection of the mandatory provisions of the law of the country in which he has his habitual residence.
Should individual provisions be or become invalid, the remaining provisions shall not be affected. The relevant statutory provisions shall apply instead of the invalid provision.
As of: November 2021