The basis of the entire business relationship between the customer and Creano GmbH are the following General Terms and Conditions (GTC).
The GTC of Creano GmbH are exclusively valid within the scope 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 independent professional activity being attributable to them.
Entrepreneurs within the meaning of these GTC are, in accordance with § 14 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 in the sense of these GTC can be both the consumer and entrepreneurs.
The following regulations apply to the conclusion of a contract within the scope of an order in our Internet store:
The presentation of the products in the online store 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 catalog. After sending the order, the customer submits an offer. The confirmation of 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 the 'Order with obligation to pay' button in the last step of the online ordering process, the customer places a binding order for the goods contained in the shopping cart. 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 characteristics of the goods offered by us and the period of validity of limited offers can be found in the individual product descriptions on our website. 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 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 store is not accessible to the customer. The contract text is also stored by us.
In the internet store you will be informed about possibilities to recognize and correct input errors during the order process
The prices stated in the online store are decisive.
With the exception of the managing directors, employees are not authorized 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 authority to represent the company and would have no effect for Creano GmbH.
If Creano GmbH is responsible for any defective delivery or non-delivery, the conclusion of the contract is subject to correct and timely delivery by the suppliers of Creano GmbH.
The purchase price is due immediately - i.e. at the time of conclusion of the contract. The purchase price includes the statutory sales tax. In order to secure the credit risk, we reserve the right, according to the respective creditworthiness, to carry out the requested delivery only against prepayment.
Payment by credit card is not possible.
During the delay, the entrepreneur shall pay interest on the monetary debt in the amount of 8 % above the base interest rate. We reserve the right to prove and claim higher default interest damages against the entrepreneur.
The Contractor shall only have a right of set-off if its counterclaims are undisputed or have been finally determined by a court of law.
The current list of the online store 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 is made at the respective shipping costs shown in the offer.
If the buyer is a consumer, the risk of accidental loss and accidental deterioration of the sold item shall pass to the buyer only 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 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 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 determine a new reasonable delivery period. If the ordered item is still not available within this new delivery period, we shall be entitled to withdraw from the contract in the case of entrepreneurs. We will immediately refund any consideration already paid.
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 expiration of this period, whereby the date of receipt by Creano GmbH is decisive for the observance of the deadline, the goods are considered 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 shall not apply if we can be accused of gross negligence and 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 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, at its discretion, demand a reduction of the remuneration (abatement) or rescission of the contract (withdrawal) as well as damages. 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 visible 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 should be addressed to:
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Tel + 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, direct average damage typical for 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 jeopardize the performance of the contract. The aforementioned limitations of liability do not affect claims of the customer arising from product liability or warranty. 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 content on the website of our online store. 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 pages.
§ 11 Right of withdrawal
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 taken possession of the goods. To exercise your right of withdrawal, you must send us
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Tel + 49 (0) 5041/7795111
Fax + 49 (0) 5041/7795112
by means of a clear declaration (e.g. a letter sent by mail, fax or e-mail) about your decision to revoke this contract. You can use the attached model withdrawal form for this purpose, which is, however, not mandatory. You can also fill out and submit the model cancellation form or another clear declaration electronically on our website [www.creano.com].
If you make use of this option, we will immediately send you (e.g. by e-mail) a confirmation of receipt of such revocation. 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 revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of 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 any fees because of 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 immediately and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract to
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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
Creano GmbH retains title to the delivered goods until all claims against the purchaser arising directly or indirectly from the business relationship have been settled.
We shall be entitled to withdraw from the contract and demand the return of the goods in the event of any breach of contract by the customer, in particular in the event of default in payment.
Creano GmbH treats the data provided to it 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, unambiguous and legitimate purposes and will not be stored 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 firstname.lastname@example.org or send us your request by mail 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 minimum necessary.
The websites creano.com, creano.eu, erblüh-tee.de and the associated subdomains contain links to other sites on the Internet. Creano GmbH expressly emphasizes 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 contents of these sites to which these links lead.
The GTC shall be governed by the laws 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.