1. Area of application
All deliveries and services of Curare (hereinafter referred to as Seller) are exclusively based on these General Terms and Conditions of Sale and Delivery. Deviating agreements of the customer do not apply, unless they are confirmed by us in writing. Additional agreements do not exist.
2. Conclusion of Contract
2.1 All offers in the online store are subject to change and non-binding. We reserve the right of prior sale.
2.2 The customer makes an offer for the conclusion of a purchase contract by ordering the desired goods via internet, e-mail or telephone. The seller is entitled to accept this offer within 10 calendar days by sending an order confirmation to the customer. The order confirmation is sent by e-mail. After the expiration of the 10-day period, the offer is considered rejected. The automatically generated information about the receipt of the order does not constitute an order confirmation. It only serves to check the transmitted data.
3. Prices, Price Alterations
3.1 For all deliveries and services, the list prices at the time of the order shall apply. Our prices are in Euro plus shipping costs and without other ancillary services, unless otherwise expressly agreed. Due to the small business regulation (§ 19 UStG), we do not issue any sales tax.
3.2 Our invoices are due immediately and payable without any deductions. We accept payments via PayPal, credit card, bank transfer. For payment by bank transfer, the buyer bears all applicable fees.
4.1 The seller ships goods, if they are in stock and available, within 1-3 business days. Delivery is made by sending the purchased item to the address provided by the Buyer. Partial deliveries are permitted if they are reasonable for the customer.
4.2 In the event of delays in delivery, the Seller shall inform the Customer immediately as soon as it becomes aware of the delay in delivery.
4.3 If the Seller is in default of delivery, the liability for damages shall be limited to foreseeable damages if these are based on slight negligence. Further claims for damages shall only exist if the delay is due to intent or gross negligence.
4.4 The Seller shall be free to determine the mode of shipment, the company entrusted with the shipment and the shipping route at its reasonable discretion without any express instructions from the Buyer.
Seller cannot guarantee delivery times. The following transit time estimates are provided by the shipping companies:
Via DHL worldwide:
Germany – DHL Insured shipping / approx. 2-3 working days
EU / UK – DHL Insured shipping / approx. 5-7 working days
US / WORLD – DHL Insured shipping / 7-14 working days
WORLD 2 – DHL Insured shipping / 9-16 working days
UPS Express Saver – Insured shipping / 2-4 working days
4.5 The seller reserves the right to deliver only customary quantities to end customers.
5. Retention of Title
The object of purchase shall remain the property of the Seller until payment has been made in full. Before transfer of ownership, pledging, transfer by way of security, processing or transformation is not permitted without the express consent of the seller.
6.1 The provisions of § 377 of the German Commercial Code (HGB) shall remain unaffected in relation to merchants. The latter are obliged to inspect the goods immediately for completeness, conformity with the delivery documents, the order and for defects. Detected or recognizable defects must be notified in writing. If no complaint is made without delay, the goods shall be deemed to have been accepted in accordance with the contract, unless the defect could not have been detected even on inspection with reasonable care.
6.2 Insofar as a seller’s warranty is granted, the details are set out in the warranty conditions attached to the respective delivered item. Warranty claims exist without prejudice to the statutory claims / rights.
6.3 For buyers who are not consumers in the sense of § 13 BGB (German Civil Code), the warranty is limited within the first year to removal of the defect or replacement. The Seller reserves the right to determine the type of subsequent performance. After the expiration of the year, the seller limits his warranty at his discretion to removal of the defect or a credit of the current value.
7. Data Protection
The customer expressly agrees to the collection, processing and use of personal data. The data necessary for the business transaction will be stored. All personal data of the customer will of course be treated confidentially. A disclosure to third parties without the express consent of the customer is excluded.
8. Customer Cancellation Rights
The customer can revoke the contract declaration within 2 weeks from receipt of the goods. We ask for a short letter in advance (without giving reasons). A copy of the invoice or order confirmation must be enclosed. The period begins at the earliest with receipt of this instruction. All purchases of reduced items, including any items reduced through the use of a promotional code, are final and cannot be returned or exchanged.
Products on sale or with promotional codes are excluded from exchange.
If the cancellation notice is not given at the time of the conclusion of the contract but afterwards, a cancellation period of one month applies. The period begins with the receipt of the goods by the recipient, the receipt of the revocation instruction in text form and also not before the fulfillment of the duty to inform according to § 312c paragraph 2 BGB in connection with § 1 paragraph 1, 2 and 4 BGB-InfoV.
The timely dispatch of the revocation or the goods shall be sufficient to comply with the revocation period.
The revocation is to be sent to:
Max Jonas Baginski
Wisbyer Street 27D
Telefon: +49 (0) 170 6536 929
CONSEQUENCES OF REVOCATION:
In the event of an effective revocation, the services received by both parties are to be returned and any benefits derived are to be surrendered. The sales contract will be cancelled after the return of the goods. If the customer cannot return the received performance in whole or in part, or only in a deteriorated condition, he must pay compensation for the value. In the case of surrender of goods, this does not apply if the deterioration of the goods is exclusively due to their inspection. Furthermore, the obligation to pay compensation can be avoided if the item is not used as if it were the owner’s property and everything is done to ensure that the value of the item is not impaired.
Goods that can be sent by parcel post are to be returned. The buyer shall bear the costs for the return shipment if the delivered item corresponds to the ordered item. Otherwise the return is free of charge. The refund will be made within 30 days after receipt of the return.
9. Final Provisions
9.1 If any provision of these General Terms and Conditions or any provision within the scope of any other agreement of this contract is invalid, this shall not affect the validity of the other agreements. The invalid provision shall then be replaced by the statutory provision.
9.2 With respect to merchants, entrepreneurs, persons under public law or special funds under public law, Berlin shall be agreed as the place of jurisdiction, insofar as this is legally permissible.
9.3 The place of performance for all obligations arising from the contractual relationship shall be the respective registered office of the Seller.
9.4 German law shall apply exclusively to the exclusion of UN and EU sales law, also in cross-border delivery transactions.
9.5 Alternative dispute resolution in accordance with Article 14 (1) ODR Regulation and § 36 VSBG:
The European Commission provides a platform for online dispute resolution (OS) at https://ec.europa.eu/consumers/odr. We are not obliged to participate in a dispute resolution procedure before a consumer arbitration board.