General terms and conditions
Information on the conclusion of the contract
§1 Contracting Party
The following contractual conditions apply to all contracts established via the online shop at the URL https://www.asphaltkind.de/en/ between
Germany – 44263 Dortmund
Phone +49 231 42706970
E-mail: [email protected]
Registered at the local court of Dortmund, HRB 31153, VAT ID DE325583760
Managing Director: Nils Freyberg
and the customer.
For the purposes of these General Terms and Conditions, only consumers are considered to be customers. A consumer is understood to be any natural person who concludes a legal transaction for a purpose that is neither commercial nor self-employed.
The regulation of the relationship between the two contracting parties is governed by the applicable law of the Federal Republic of Germany.
§2 The conclusion of a contract
The products and services listed by Cropfiber GmbH on the website www.asphaltkind.de/en/ do not represent binding offers.
Instead, the customer is requested to make a non-binding reservation for the roof box “Kompromisslos”. He does this by filling out and sending a contact form, as well as by transferring a down payment amount selected by him from a given selection to Cropfiber GmbH. The down payment amounts selected are €100, €200, €500, €1,000 or €4,500 (full purchase price). Cropfiber GmbH reserves the right to accept a customer’s reservation request only after the customer has transferred the full down payment amount specified by the customer. The receipt of a reservation from the customer by Cropfiber GmbH does not constitute a contract of sale between the two parties or a binding order.
Therefore the customer has no binding claim to the roof box, should the production of the roof box not be possible for economic reasons, such as lack of liquidity.
The customer has the possibility to reclaim his deposit at any time. In this case Cropfiber GmbH will fully refund the payment made by the customer.
The customer will receive an automatically generated e-mail as soon as he/she has completely filled out the form and clicked on the button with the inscription “Reserve now without obligation”, as soon as the request has been received by Cropfiber GmbH. This e-mail confirms the receipt of his reservation request, but not yet the acceptance of the request by Cropfiber GmbH. In addition to explaining that no sales contract was concluded by the inquiry, this e-mail also informs the customer about the transfer procedure for the down payment and the current development and production status. Furthermore, the possibility of reclaiming the money is explained to him, as well as the necessary procedure for reclaiming it. In the following, the customer will be explained the further procedure after production start in September 2020. The procedure is as follows: before the production start of the roof boxes Cropfiber GmbH will contact the customer by e-mail and provide him with a binding order option. The customer will also receive detailed information on the delivery times of the box by this e-mail. The customer’s previous deposit will be offset against the final net price of the box.
Afterwards the customer has the possibility to accept or not the binding order offer. Acceptance or rejection of the offer is effected by the Customer’s reply by e-mail. By accepting the order offer, a purchase contract between Cropfiber GmbH and the customer is concluded. If the customer rejects the offer, he/she will receive his/her deposit within 14 days, which will be transferred back to the bank account previously used by the customer. Thus, no purchase contract is concluded. In the event that a customer does not respond to the binding order option (even after repeated contact in the form of e-mails or telephone calls), Cropfiber GmbH reserves the right to retain the deposit.
§3 Information about your right of withdrawal
In accordance with § 355 BGB, consumers have a right of revocation for distance contracts. When revoking the contract, the customer must observe the following guidelines:
Cancellation policy / Right of cancellation
Since the reservation request does not result in a purchase contract, the customer has the right to claim back the amount paid at any time. In this case the customer must inform Cropfiber GmbH (Carlo-Schmid-Allee 3 in 44263 Dortmund, Germany; phone +49 231 42706970; e-mail [email protected]) of his decision by means of a clear written statement (e.g. a letter or e-mail sent by post). In this case Cropfiber GmbH will refund the advance payment made.
If the customer later accepts the binding order offer and thus a sales contract is concluded, he has the right to revoke this contract within 14 days without giving reasons. The revocation period shall be 14 days from the day on which the customer or a third party named by him, who is not a carrier, has taken possession of the goods. The customer must inform us (Cropfiber GmbH, Carlo-Schmid-Allee 3 in 44263 Dortmund, Germany; phone +49 231 42706970; e-mail [email protected] ) of his decision to revoke this contract by means of a clear written statement (e.g. a letter or e-mail sent by post). He may use the attached sample revocation form for this purpose. However, this is not mandatory.
In order to comply with the revocation period, it is sufficient for the customer to send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of revocation
We shall be obliged to reimburse the customer for all payments we have received from him, including the delivery costs (with the exception of the additional costs arising from the fact that you have chosen a different type of delivery from the cheapest standard delivery offered by us), immediately and at the latest within 14 days of the day on which we receive notification of his revocation of this contract. In doing so, we shall use the same means of payment that he used for the original transaction, unless expressly agreed otherwise with him; under no circumstances shall the customer be charged for this repayment. We have the right to refuse repayment until we have received the goods back or until the customer has provided proof that he has returned the goods.
The customer is obliged to return the goods to us immediately and in any case within 14 days at the latest from the day on which he informs us of the cancellation of this contract. If the customer dispatches the goods before the 14-day period has expired, the revocation period shall be deemed to have been observed. The costs of returning the goods shall be borne entirely by the customer. The costs for the return shipment are estimated at a maximum of 10.00 Euro, insofar as the goods cannot be returned by normal post due to their nature.
The customer is only liable for any loss of value of the goods if this loss of value is due to improper handling of the goods. Unsuitable handling shall be deemed to be all handling that is not intended in terms of the properties and functioning of the goods.
Non-existence or premature expiry of the right of withdrawal
This right of revocation does not apply to contracts for the delivery of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
Annex: Model for the withdrawal form
according to Annex 2 to Art. 246a § 1 para. 2 sentence 1 no. 1 and § 2 para. 2 no. 2 EGBGB
(Please send us the completed form in case of a desired revocation)
Carlo Schmid Alley 3
44263 Dortmund, Germany
e-mail: [email protected]
I/We (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)
- Ordered on (*)/received on (*):
- Name of the consumer(s):
- Address of the consumer(s):
- Signature of the consumer(s) (only for paper communications)
(*) Delete as appropriate
For an easy handling of the revocation you can contact our support team:
phone +49 231 42706970
E-mail: [email protected]
In order to make it easier to allocate the shipment, we recommend that you make a prior arrangement for return shipment via the e-mail address stated in the cancellation policy. However, prior consultation is not a prerequisite for exercising the right of revocation.
§4 Voluntary right of return
Cropfiber GmbH does not offer an extended voluntary right of return over the 14-day statutory right of withdrawal.
General Terms and Conditions of Cropfiber GmbH (Status: January 2021)
The following conditions apply to all orders placed via the website www.asphaltkind.shop.de. In each case the terms and conditions valid at the time of the order shall apply.
§1 Prices; delivery and shipping costs
At the time of the order, the prices of our products include the valid legal value added tax. In individual cases, additional taxes and/or duties (e.g. customs duties) may be incurred in the case of cross-border deliveries, which are to be borne by the customer. The customer also bears the shipping costs. The prices for the items in the shopping cart are the same as those on the current product information pages. We charge the price that was listed on the website at the time of your order. The order is placed at the current daily price. It should be noted that we are not bound to any incorrect price.
Products that are not available are marked “Sold out”. If a customer has ordered a product that is no longer available due to an error, he will be informed by e-mail immediately after the error is detected.
Cropfiber GmbH only accepts the payment methods listed on the website and offered for selection by the customer. The customer selects his preferred method of payment from the available payment methods.
Cropfiber GmbH reserves the right to exclude certain payment methods in individual cases. Cropfiber GmbH has no influence on whether the payment methods direct debit and credit card offered by PayPal Europe will be activated for the customer after a short check. Payment by sending cash or cheques is not possible. Cropfiber GmbH excludes any liability for loss. Bank charges may be incurred for transfers from abroad, which shall be borne by the customer.
Payment must be made within 14 days after receipt of the order confirmation. Cropfiber GmbH reserves the right to cancel the reservation of the ordered articles in the case of orders without registered receipt of payment after a further written deadline of 14 days.
§4 Terms of delivery
On the product page or under shipping times & costs the assumed delivery times are indicated. The information refers to the immediate payment order during or immediately after the order is placed. Orders will only be shipped by Cropfiber GmbH after registration of the receipt of payment. Please note that delivery times may vary.
Delivery shall be made to the delivery address described by the customer. Shortly after dispatch, the customer will be informed by e-mail that his order will soon be received. Dispatch route and means of dispatch are at our discretion. Currently the shipping is carried out by the company DHL. If a shipment cannot be delivered due to incorrect information in the delivery address or returns because it has not been accepted or collected by the recipient, Cropfiber GmbH reserves the right to claim the additional shipping costs incurred by the renewed shipment from the customer.
The risk of accidental loss of the ordered goods shall pass to the Customer as soon as the goods are handed over to the Customer (§ 446 p. 1 BGB) or if the Customer is in default of acceptance (§ 300 para. 2 BGB).
§5 Receipt of the goods
We use the company DHL as our shipping company. If a damaged delivery is received, we advise the customer to proceed as follows: Complain about the damaged goods to the employee of the shipping company, if possible, and document the degree and extent of damage. Otherwise, it will be difficult to settle the claim if the contents of the package are damaged. The customer can of course refuse to accept damaged goods.
Any rights and claims of the customer – especially the legal rights of the buyer in case of defects of the (purchased) item – remain unaffected by the above regulations. They therefore do not include any preclusion period for rights of the customer according to section II 8. of these GTC.
§6 Retention of title
Cropfiber GmbH reserves the right of ownership of the ordered goods until full payment has been received. We are entitled to withhold the immediate return of the goods until payment has been received. Exceptions are counterclaims which are legally binding or undisputed.
§7 Force Majeure
In the event that we are unable to provide the service owed due to force majeure (in particular natural disasters or pandemics), we shall be released from the obligation to perform for the duration of the hindrance. If the execution of the order or delivery of the goods is not feasible for more than one month due to force majeure, the customer has the right to withdraw from the contract.
When purchasing goods, the customer is entitled to statutory rights of liability for defects in the goods. For this reason, the customer is entitled to assert warranty rights in the event of defects in the goods, subject to the following provisions.
Cropfiber GmbH is not the manufacturer of the articles sold by us. On request we will contact the manufacturer in the interest of the customer. For this purpose the customer can report any complaints by email to [email protected]
The warranty of Cropfiber GmbH is otherwise based on the following paragraphs. As a matter of principle, Cropfiber GmbH does not issue any self-warranty; the mere presentation of the articles in the online shop is therefore to be regarded as a pure performance description.
There shall be no warranty for damages caused by improper handling or use of the goods by the customer. The same applies to intentional wear and tear.
In the event of defects in the goods, the customer has a claim to subsequent performance if and insofar as the conditions of the statutory provisions on the rights in the event of defects are met.
In the case of supplementary performance, the customer has the choice of whether the supplementary performance is to take place either by repair or replacement. However, Cropfiber GmbH shall be entitled to refuse the chosen type of subsequent performance if this is only possible at disproportionate costs and the other type of subsequent performance does not cause any significant disadvantages for the consumer.
The period of limitation for defects shall be two years from delivery of the goods to the customer.
Dispatch of the notice of defects shall be sufficient for compliance with the statutory period.
In accordance with Regulation (EU) No. 524/2013, the European Commission provides a European platform for the settlement of disputes between consumers resident in the European Union and entrepreneurs established in the European Union arising from the online sale of goods or the online provision of services via an interactive website that can be accessed electronically in all official languages of the institutions of the European Union (so-called OS platform / URL: http://ec.europa.eu/consumers/odr/). To submit a complaint on this so-called OS platform, consumers have to fill in an electronic complaint form. The individual items of information which must be provided when lodging a complaint are listed in the Annex to Regulation (EU) No. 524/2013.
Cropfiber GmbH shall be liable in accordance with the statutory provisions for damages resulting from injury to life, body or health due to a negligent or intentional breach of duty. In addition, unlimited liability shall be assumed for other damages resulting from grossly negligent or intentional breach of duty or fraudulent intent.
In addition, Cropfiber GmbH shall be liable without limitation for damages which are covered by liability under mandatory statutory provisions, such as the German Product Liability Act, or if and to the extent that Cropfiber GmbH has assumed a guarantee for a certain quality of the item or for the item retaining a certain quality for a certain period of time.
Cropfiber GmbH shall be liable for damages caused by negligence. It should be noted, however, that this negligence relates to a breach of contractual obligations which enable the fulfilment of the contract and on whose compliance the customer may rely (so-called cardinal obligations). Cropfiber GmbH’s liability shall be limited to the foreseeable damage typical for the contract.
In the event of slightly negligent breaches of contractual obligations which are not covered by the previous paragraph (insignificant contractual obligations), Cropfiber GmbH shall be liable to consumers – this, however, shall be limited to foreseeable, typical contractual damage.
§10 Contract language/storage of the contract text
Since the text of the contract is not stored by us, it cannot be retrieved after completion of the order process. However, the customer can print out his order data immediately after sending the order.
§11 Final provisions
Place of performance and jurisdiction in business transactions with companies and legal entities is the registered office of Cropfiber GmbH. The right to also call upon the court at another legal place of jurisdiction shall remain unaffected by this. The law of the Federal Republic of Germany shall apply to this contract to the exclusion of the UN Convention on Contracts for the International Sale of Goods and international private law.