General terms and conditions

§ 1

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 shall apply exclusively within the framework of the business relationship. In particular, deviating GTC of third parties - even if they are known - do not become part of the contract or otherwise part of the business relationship.

Insofar as these General Terms and Conditions refer to consumers, this shall be understood to mean natural persons within the meaning of Section 13 of the German Civil Code (BGB) 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, in accordance with § 14 of the German Civil Code (BGB), natural or legal persons or partnerships with legal capacity 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 may be both consumers and entrepreneurs.

§ 2

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 by unilateral acceptance, but is merely a non-binding online catalogue. After sending the order, the customer submits an offer. Confirmation of receipt of the order follows immediately by e-mail. The contract with us is concluded if we accept the customer's offer in writing or in text form within two weeks or send the ordered goods.

By clicking the button 'Order subject to payment' 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 decide freely whether to accept this offer.

We are not subject to any special codes of conduct not mentioned above. You can identify any input errors when placing your order during the final confirmation before checkout and correct them at any time using the delete and change function before sending the order. The essential features of the goods offered by us as well as the period of validity of limited offers can be found in the individual product descriptions within the scope of our Internet offer. The language available for the conclusion of the contract is exclusively German. Complaints and warranty claims can be made at the address given in the supplier identification.

You can save the text of the contract to 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 is also stored by us.

In the Internet shop, you will be informed about the possibilities of recognising and correcting input errors within the framework of the order process

§ 3

The prices stated in the online shop are decisive.

§ 4

With the exception of the managing directors, employees are not authorised to make verbal subsidiary agreements or 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 for Creano GmbH.

§ 5

If Creano GmbH is responsible for any defective delivery or non-delivery, the conclusion of the contract is subject to correct and timely self-delivery by the suppliers of Creano GmbH.

§ 6

The purchase price is due immediately - i.e. at the time of conclusion of the contract. The purchase price includes the statutory value added tax. In order to safeguard against the credit risk, we reserve the right, in accordance with the respective creditworthiness, to carry out the requested delivery only against advance payment.

Payment by credit card is not possible.

During the period of default, the Entrepreneur shall pay interest on the monetary debt at a rate of 8 % above the base interest rate. We reserve the right to prove and claim higher default interest damages against the entrepreneur.

The entrepreneur shall only have a right of set-off if his counterclaims are undisputed or have been legally established.

§ 7

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 item shall only pass to the buyer upon handover of the item, even in the case of sale by delivery to a place other than the place of performance. If the buyer is an entrepreneur, the risk and danger of the shipment shall pass as soon as the goods have been handed over by us to the commissioned carrier.

Insofar as the customer is an entrepreneur, we will inform 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 will specify a new reasonable delivery period. If the ordered item is still not available within this new delivery period, we are entitled to withdraw from the contract in the case of entrepreneurs. We will immediately refund any consideration already paid.

§ 8

Defects in the delivered goods, in particular complaints due to damage, must be reported to Creano GmbH by the customer immediately and without culpable hesitation no later than seven days after receipt of the goods, provided the customer is an entrepreneur. Upon expiry of this period, whereby the date of receipt by Creano GmbH is decisive with regard to compliance with the deadline, the goods shall be deemed to have been duly accepted.

§ 9

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 shall not apply if we can be accused of gross negligence or in the event of physical injury or damage to health attributable to us and in the event of loss of life of the customer. Our liability under the Product Liability Act remains unaffected.
The warranty for used goods is excluded if the customer is an entrepreneur.
Consumers have the choice of whether the subsequent performance is to be carried out by repair or replacement delivery. We are entitled to refuse the type of subsequent performance chosen if it is only possible at disproportionate cost and the other type of subsequent 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 rectification or replacement delivery.
If the supplementary performance fails, the customer may in principle demand a reduction in payment (abatement) or cancellation of the contract (withdrawal) as well as compensation for damages at his discretion. In the event of only minor defects, the customer shall not be entitled to withdraw from the contract. If the customer chooses compensation for damages, the limitations of liability pursuant to § 8 shall apply.
Entrepreneurs must immediately inspect the goods for deviations in quality and quantity and notify us in writing of any recognisable defects within a period of one week from receipt of the goods; otherwise the assertion of the warranty right is excluded. Hidden defects must be reported to us in writing by entrepreneurs within a period of one week from discovery. Timely dispatch shall be 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's guarantees remain unaffected by this.
Notices of defects, other complaints and suggestions are to be addressed to:
Creano Ltd.
In der Wanne 1
31832 Springe
Germany
Tel + 49 (0) 5041/7795111
Fax + 49 (0) 5041/7795112
E-mail: info@creano.com

§ 10

Cancellation policy

In the case of slightly negligent breaches of duty, our liability and that of our vicarious agents shall be limited to the foreseeable, direct average damage typical of the contract. We and our vicarious agents shall not be liable for slightly negligent breaches of obligations that are not essential to the contract and whose breach does not jeopardise the performance of the contract. The above limitations of liability do not apply to claims of the customer arising from product liability or warranty. Furthermore, the limitations of liability do 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 content on the website of our online shop. Insofar as we provide 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 sites.

Cancellation policy
§ 11 Right of revocation

You have the right to cancel this contract within fourteen days without giving any reason. 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 or has taken possession of the goods. To exercise your right of withdrawal, you must send us

Creano Ltd.
In der Wanne 1
31832 Springe
Germany
Tel + 49 (0) 5041/7795111
Fax + 49 (0) 5041/7795112
E-mail: info@creano.com

by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract. You can use the enclosed model withdrawal form for this purpose, which is, however, not mandatory. You can also fill in and submit the model withdrawal form or another clear declaration electronically on our website [www.creano.com].

If you make use of this option, we will send you a confirmation of receipt of such revocation without delay (e.g. by e-mail). In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.

§ 12 Consequences of revocation

If you withdraw from this contract, we must repay you all payments that 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 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 repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment 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 the goods without delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract to

Creano Ltd.
In der Wanne 1
31832 Springe
Germany

to return or hand over the goods. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods.

End of the cancellation policy

§ 13

Creano GmbH retains ownership of 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 to demand the return of the goods in the event of behaviour contrary to the contract on the part of the customer, in particular in the event of default in payment.

§ 14

Creano GmbH treats the data provided by customers as strictly confidential.

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 lawful purposes and will not be stored for longer than necessary in relation to your person. 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 info@creano.com or send us your request by post or fax.

We do not pass on your personal data, including your home address and e-mail address, to third parties. Exceptions to this are our service partners who require the transmission of data for order processing. In these cases, however, the scope of the transmitted data is limited to the necessary minimum.

§ 15

The websites creano.com, creano.eu, erblüh-tee.de and the associated subdomains contain links to other sites on the Internet. Creano GmbH expressly emphasises that it has no influence on the design and content of the linked pages. Creano GmbH therefore accepts no responsibility for the topicality, correctness, completeness or quality of the information provided there and hereby expressly distances itself from all content of these pages. This declaration applies to all links to external sites contained on the Creano GmbH and its websites and all content of these sites to which these links lead.

§ 16

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 amend the GTC. The customer is obliged to check the content of the GTC before submitting an order offer.

Springe, 04.08.2015