The basis of the entire business relationship between the customer and Creano GmbH are the following General Terms and Conditions (GTC).
The general terms and conditions of Creano GmbH have exclusive validity within the scope of the business relationship. In particular, deviating general terms and conditions of third parties – even if they are not known – do not become part of the contract or otherwise part of the business relationship.
Insofar as consumers are mentioned within the framework of these GTC, this refers to natural persons within the meaning of § 13 BGB (German Civil Code) with whom business relations are entered into without a commercial or self-employed professional activity being attributable to them.
Entrepreneurs within the meaning of these GTC are natural or legal persons or partnerships with legal capacity in accordance with § 14 BGB, with whom business relations are entered into and who act in the exercise of their commercial or independent activity.
Customers within the meaning of these GTC can be both consumers and entrepreneurs.
The following regulations apply to the conclusion of a contract within the scope of an order in our Internet shop:
The presentation of the products in the online shop does not constitute a legally binding offer to conclude a contract, which would lead to the conclusion of a contract through unilateral acceptance, but is merely a non-binding online catalogue. After sending the order, the customer submits an offer. The confirmation of the receipt of the order follows immediately by e-mail. The contract with us is concluded if we accept the customer’s offer within two weeks in writing or in text form or send the ordered goods.
By clicking on the button ‘Order payable’ in the last step of the online ordering process, the customer places a binding order for the goods contained in the shopping basket. By sending an order to Creano GmbH, the customer makes a binding offer. Creano GmbH reserves the right to freely decide whether to accept this offer.
We are not subject to any special codes of conduct not mentioned above. You can recognize any input errors when placing your order during the final confirmation before the checkout and correct them at any time with the help of the delete and change function before sending the order. Please refer to the individual product descriptions on our website for the essential features of the goods offered by us and the validity period of limited offers. The language available for the conclusion of the contract is exclusively German. Complaints and warranty claims can be made at the address indicated in the supplier identification.
You can save the contract text on your computer by clicking on the right mouse button of your browser or print it out using the print function of your browser. The contract text for orders in our Internet shop is not accessible to the customer. The text of the contract will also be stored by us.
In the internet shop you will be informed within the framework of the order process about possibilities to recognise and correct input errors.
The prices quoted in the online shop are authoritative.
With the exception of the managing directors, employees are not authorized to make verbal collateral agreements or to give verbal assurances that go beyond the content of the written contract. Any such subsidiary agreement would exceed the employee’s power of representation and would have no effect on Creano GmbH.
Insofar as Creano GmbH is responsible for any faulty delivery or non-delivery, the conclusion of the contract is subject to the correct and punctual delivery by Creano GmbH’s suppliers to Creano GmbH.
The purchase price is due immediately – i.e. at the time the contract is concluded. The purchase price includes the statutory sales tax. In order to secure the credit risk, we reserve the right to carry out the requested delivery only against prepayment according to the respective creditworthiness.
Payment by credit card is not possible.
During the period of default, the entrepreneur shall pay interest on the debt at a rate of 8% above the base rate. We reserve the right to prove and assert a higher default interest loss against the entrepreneur.
The entrepreneur shall only have the right to offset if his counterclaims are undisputed or have been legally established.
The current list of the online shop is decisive for the scope of the range of goods that can be ordered.
In cases of force majeure, Creano GmbH remains entitled to extend delivery periods.
Delivery will be made at the shipping costs stated in the offer.
If the buyer is a consumer, the risk of accidental loss and accidental deterioration of the sold goods shall not pass to the buyer until the goods have been handed over, even in the case of sale to destination. If the buyer is an entrepreneur, the risk and the danger of the dispatch go over, as soon as the commodity was handed over by us to the assigned carrier.
If the customer is an entrepreneur, we shall inform the customer immediately if a delivery period stated in the offer cannot be met for reasons for which we are not responsible. At the same time, we shall determine a new reasonable delivery period. If the ordered article is also not available within this new delivery period, we are entitled to withdraw from the contract with entrepreneurs. We shall reimburse any consideration already paid without delay.
Defects in the delivered goods, in particular complaints due to damage, must be reported to Creano GmbH by the customer immediately and without culpable delay up to seven days after receipt of the goods at the latest, provided that the customer is an entrepreneur. At the end of this period, which depends on receipt by Creano GmbH with regard to meeting the deadline, the goods shall be deemed to have been duly accepted.
The warranty period for new goods is two years from delivery of the goods. For used goods, the warranty period is one year from delivery of the goods. The one-year warranty period does not apply if we can be accused of gross negligence or in the case of bodily injury or damage to health attributable to us or loss of life of the customer. Our liability according to the product liability law remains unaffected by this.
The warranty for used goods is excluded if the customer is an entrepreneur.
Consumers have the choice whether the supplementary performance is to be carried out by rectification or replacement delivery. We are entitled to refuse the type of supplementary performance chosen if it is only possible with disproportionate costs and the other type of supplementary performance remains without significant disadvantages for the consumer. In the case of entrepreneurs, we shall initially provide warranty for defects in the goods at our discretion by repair or replacement.
If the supplementary performance fails, the customer may, at his discretion, demand a reduction in payment (reduction) or rescission of the contract (withdrawal) as well as damages. In the case of only minor defects, the customer shall not be entitled to withdraw from the contract. If the customer chooses compensation, the limitations of liability according to § 8 apply.
Entrepreneurs must inspect the goods immediately for deviations in quality and quantity and notify us in writing of any visible defects within a period of one week from receipt of the goods; otherwise the assertion of warranty rights is excluded. Hidden defects must be reported to us in writing by entrepreneurs within a period of one week from discovery. Timely dispatch is sufficient to meet the deadline. The entrepreneur shall bear the full burden of proof for all claim prerequisites, in particular for the defect itself, for the time of discovery of the defect and for the timeliness of the notice of defect.
The customer does not receive any guarantees in the legal sense from us. Manufacturer warranties remain unaffected by this.
Complaints, other complaints and suggestions are to be addressed to:
In der Wanne 1
Phone + 49 (0) 5041/7795111
Fax + 49 (0) 5041/7795112
In the case of slightly negligent breaches of duty, our liability and that of our vicarious agents shall be limited to the foreseeable, contract-typical, direct average damage. We and our vicarious agents shall not be liable for slightly negligent breaches of obligations which are not essential to the contract and the breach of which does not endanger the performance of the contract. The above limitations of liability do not apply to claims of the customer arising from product liability or guarantee. Furthermore, the limitations of liability shall not apply in the event of bodily injury or damage to health attributable to us or in the event of loss of life of the customer.
We are only liable for our own contents on the website of our online shop. Insofar as we enable access to other websites via links, we are not responsible for the third-party content contained therein. We do not adopt the external content as our own. If we become aware of illegal content on external websites, we will immediately block access to these pages.
§ 11 Right of revocation
You have the right to revoke this contract within fourteen days without giving reasons. The withdrawal period shall be fourteen days from the date on which you or a third party other than the carrier designated by you took possession of the goods. In order to exercise your right of revocation, you must
In der Wanne 1
Phone + 49 (0) 5041/7795111
Fax + 49 (0) 5041/7795112
inform you by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to revoke this Agreement. You can use the attached sample revocation form, which is not mandatory. You may also electronically complete and submit the sample withdrawal form or other unambiguous statement on our website [www.creano.com].
If you make use of this option, we will immediately (e.g. by e-mail) send you confirmation of receipt of such a revocation. In order to comply with the revocation period, it is sufficient for you to send notice of the exercise of the right of revocation before the expiry of the revocation period.
§ 12 Consequences of the revocation
If you revoke this Agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we received notice of your revocation of this Agreement for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us). We will use the same means of payment used by you in the original transaction for such refund, unless expressly agreed otherwise with you and in no event will you be charged for such refund. We may refuse to refund until we have received the Goods back or until you have provided evidence that you have returned the Goods, whichever is earlier. You shall return the goods immediately and in any event within fourteen days of the day on which you notify us of the revocation of this Agreement at the latest.
to send it back or hand it over. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods.
End of the revocation instruction
Creano GmbH reserves the right of ownership to the delivered goods until all claims against the purchaser arising directly or indirectly from the business relationship have been settled.
We are entitled to withdraw from the contract and demand the return of the goods in the event of breach of contract by the customer, in particular in the event of default in payment.
Creano GmbH treats the customer data entrusted to it strictly confidentially.
Your customer data will be stored and processed by us in compliance with the relevant provisions of the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG). Your personal data will only be collected for specified, clear and legitimate purposes and will not be stored longer than necessary. You have the right to free information, correction, blocking and, if necessary, deletion of your stored data at any time. Please contact us by e-mail at email@example.com or send us your request by post or fax.
We do not pass on your personal data including your house address and e-mail address to third parties. Excluded from this are our service partners, who require the transmission of data to process your order. In these cases, however, the amount of data transmitted is limited to the minimum necessary.
The websites creano.com, creano.eu, erblüh-tee.de and their subdomains contain links to other websites on the Internet. Creano GmbH expressly emphasizes that it has no influence on the design and content of the pages to which links are provided. Creano GmbH therefore accepts no liability for the topicality, correctness, completeness or quality of the information provided there and hereby expressly distances itself from all contents of these pages. This declaration applies to all links to external pages contained on Creano GmbH and its websites and to all contents of these pages to which these links lead.
The GTC are subject to the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In the case of consumers who do not conclude the contract for professional or commercial purposes, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be Hanover.
Creano GmbH reserves the right to change the GTC. The customer is obliged to check the content of the GTC before submitting an order offer.