Conditions
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General conditions of sale
scope
These terms and conditions apply to all purchases from Crush Berry Sweets made by private customers.
Private customers in this sense are people with their place of residence and delivery address in the Federal Republic of Germany, provided that the goods they have ordered cannot be attributed to their commercial or independent professional activity.
Business customers are asked to place orders on the order pages accessible via the business customer login to do.
Conclusion of contract
The presentation of our goods and the granting of the option to order represent a specific offer on our part to conclude a purchase contract.
By placing your order, you accept the offer and the sales contract is concluded.
You will receive an order confirmation via email to the email address you provided.
Prices and shipping costs
The prices awarded are final prices including sales tax. The amount that is shown at the time of the binding order applies. In addition, there are shipping costs, which depend on the shipping method and the size and weight of the goods you have ordered. You can find out more about the details under [Link to "Shipping costs"]. We shall bear the regular costs of returning the goods that arise in the event that you return the goods in exercising your right of withdrawal [Link to "Right of withdrawal"]. If you exercise your right of withdrawal, we will also reimburse you for the shipping costs.
payment
Payment is made upon delivery by means of
- Credit card
- Debit charge
- PayPal
- Klarna
Late payment
If you are in default of payment, Crush Berry Sweets is entitled to charge default interest of 5 percentage points above the base rate announced by the Deutsche Bundesbank for the time of the order. If Crush Berry Sweets has demonstrably incurred higher default damage, Crush Berry Sweets is entitled to assert this.
Right of retention
The customer is only authorized to exercise a right of retention if his counterclaim is based on the same contractual relationship.
delivery
(1) Delivery is made to the delivery address specified by the customer within
- Germany
(2) If force majeure (natural disasters, war, civil war, terrorist attack) makes delivery or any other service permanently impossible, Crush Berry Sweets is not obliged to perform. Crush Berry Sweets will immediately reimburse amounts already paid.
(3) Crush Berry Sweets can also refuse to perform if this requires an effort that, taking into account the content of the purchase contract and the principles of good faith, is grossly disproportionate to the customer's interest in fulfilling the purchase contract. Crush Berry Sweets will immediately reimburse amounts already paid.
(4) Bulky goods (packages with a volume greater than 1 square meter) are usually delivered by a forwarding agency. Crush Berry Sweets expressly points out that these goods are not carried into the house.
Favorable shipping method for returns
(1) When returning the goods and accessories, please use the original packaging if possible, even if it has been damaged by an opening for a functional test.
(2) Please use the fully franked and addressed return label enclosed with the delivery of goods to return the goods. It is the easiest and cheapest shipping option. You have no obligation to use this return process. However, if you choose an unnecessarily expensive shipping method, you may be obliged to pay us the higher costs than a cheaper shipping method.
Retention of title
The delivered goods remain the property of Crush Berry Sweets until all claims against the customer from the purchase contract have been settled in full. As long as this retention of title exists, the customer may neither resell the goods nor dispose of them; in particular, the customer may not contractually allow third parties to use the goods.
Defect rights
(1) Crush Berry Sweets will replace a defective product with a defect-free product or have it professionally repaired (supplementary performance) at the customer's option at the expense of Crush Berry Sweets. The customer's attention is drawn to the fact that there is no warranty case if the product was of the agreed quality when the risk passed. A warranty case does not exist in the following cases in particular:
a) in the event of damage caused to the customer by misuse or improper use,
b) in the event of damage caused by the customer's products being exposed to harmful external influences (in particular extreme temperatures, humidity, exceptional physical or electrical stress, voltage fluctuations, lightning strikes, static electricity, fire).
(2) Crush Berry Sweets also provides no guarantee for a fault that has arisen as a result of improper repairs by a service partner who is not authorized by the manufacturer.
(3) If the type of supplementary performance desired by the customer (replacement delivery or repair) requires an expense that, in view of the product price, taking into account the content of the contract and the principles of good faith, is grossly disproportionate to the customer's service interests - with the value in particular of the purchased item in a defect-free condition, the significance of the defect and the question of whether the other type of supplementary performance can be used without significant disadvantages for the customer - the customer's claim is limited to the other type of supplementary performance. Crush Berry Sweets' right to refuse this other type of supplementary performance under the aforementioned condition remains unaffected.
(4) In the case of repairs as well as in the case of a replacement delivery, the customer is obliged to send the product to the return address specified by Crush Berry Sweets at the expense of Crush Berry Sweets, stating the order number. Before sending the product, the customer must remove any objects he has inserted from the product. Crush Berry Sweets is not obliged to examine the product for the incorporation of such items. Crush Berry Sweets is not liable for the loss of such items, unless it was immediately apparent to Crush Berry Sweets when the product was taken back that such an item had been inserted into the product (in this case, Crush Berry Sweets will inform the customer and keeps the item ready for the customer to pick up; the customer bears the costs incurred). Before sending in a product for repair or replacement, the customer must, if necessary, make separate backup copies of the system software, the applications and all data on the product on a separate data carrier and deactivate all passwords. Liability for data loss is not taken. It is also the responsibility of the customer to install the software and data and reactivate the passwords after the repaired product or the replacement product has been returned.
(5) If the customer sends in the goods in order to receive an exchange product, the return of the defective product is based on the following stipulation: If the customer was able to use the goods in a fault-free condition between delivery and return, they have the value of the ones they took To reimburse usages. For any loss or further deterioration of the goods that was not caused by the defect and for the impossibility of surrendering the goods in the period between the delivery of the goods and the return of the goods, the customer must pay compensation. The customer does not have to pay any compensation for the deterioration of the goods caused by the intended use of the goods. The obligation to compensate for the value does not apply to the return of a defective product in the event of a warranty claim,
a) if the defect justifying withdrawal only became apparent during processing or redesign,
b) if Crush Berry Sweets is responsible for the deterioration or destruction or if the damage would also have occurred in the case of Crush Berry Sweets,
c) if the deterioration or destruction has occurred at the customer's, although the customer has taken the care that he is used to in his own affairs.
(6) The customer's liability for damages in the event of a breach of the obligation to return goods for which the customer is responsible is based on the statutory provisions.
(7) The customer can choose to withdraw from the contract or reduce the purchase price if the repair or replacement delivery has not resulted in the product being in conformity with the contract within a reasonable period of time.
(8) In addition, there may also be claims against the manufacturer within the framework of a guarantee granted by the manufacturer, which are based on the corresponding guarantee conditions.
(9) The legal guarantee of Crush Berry Sweets ends two years from delivery of the goods. The deadline starts once goods are received.
liability
(1) In the event of slight negligence, Crush Berry Sweets is only liable in the event of a breach of essential contractual obligations and limited to the foreseeable damage. This restriction does not apply to injury to life, limb and health. Crush Berry Sweets is not liable for other slightly negligent damage caused by a defect in the purchased item.
(2) Regardless of any fault on the part of Crush Berry Sweets, liability on the part of Crush Berry Sweets in the event of fraudulent concealment of the defect or from the assumption of a guarantee remains unaffected. The manufacturer's guarantee is a guarantee from the manufacturer and does not represent an assumption of a guarantee by Crush Berry Sweets.
(3) Crush Berry Sweets is also responsible for the impossibility of delivery accidentally occurring during their delay, unless the damage would have occurred even if delivery had been made on time.
(4) The personal liability of the legal representatives, vicarious agents and employees of Crush Berry Sweets for damage caused by them through slight negligence is excluded.
Applicable Law
The contract concluded between you and Crush Berry Sweets is exclusively subject to the law of the Federal Republic of Germany with the express exclusion of the UN sales law. The mandatory provisions of the state in which you have your habitual residence remain unaffected.
Place of jurisdiction
If, contrary to your information when ordering, you do not have a place of residence in the Federal Republic of Germany or if you move your place of residence abroad after signing the contract or if your place of residence is not known at the time the action is brought, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship is [registered office of the operator of the online shop].
Dispute resolution
General information requirements for alternative dispute resolution according to Art. 14 Para. 1 ODR-VO and § 36 VSBG (Consumer Dispute Settlement Act):
The European Commission provides a platform for online dispute resolution, which you can find at this address: http://ec.europa.eu/consumers/odr/ . We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
Final provisions
(1) Should individual provisions of this contract be or become wholly or partially ineffective or void, this shall not affect the validity of the rest of the contract, insofar as a contractual partner is not unreasonably disadvantaged as a result.
(2) Changes or additions to this contract must be made in writing.