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TERMS & CONDITIONS
GENERAL TERMS AND CONDITIONS OF BUSINESS (T&CS)
BAGMANIA GMBH (HEREINAFTER ALSO 'CRUMPLER')
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of the company Bagmania GmbH (hereinafter referred to as "Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "Client”) and the Seller relating to all goods and/or services presented in the Seller's online shop. The inclusion of the Client’s own conditions is herewith objected to, unless other terms have been stipulated.
1.2 Regarding the purchase of vouchers, these GTC shall apply accordingly, unless expressly agreed otherwise.
1.3 For contracts regarding the delivery of vouchers, these GTC shall apply accordingly, unless expressly agreed otherwise.
1.4 A consumer pursuant to these GTC is any natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity.
1.5 A trader pursuant to these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
2. ENTERING INTO A CONTRACT, MINIMUM ORDER VALUE
2.1 The product descriptions in the Seller’s online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Client.
2.2 The Client may submit the offer via the online order form integrated into the Seller's online shop. In doing so, after having placed the selected goods and/or services in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods and/or services contained in the shopping cart.
2.3 The Seller may accept the Client’s offer within five days, - by transferring a written order confirmation or an order confirmation in written form (fax or e-mail); insofar receipt of order confirmation by the Client is decisive, or - by delivering ordered goods to the Client; insofar receipt of goods by the Client is decisive, or - by requesting the Client to pay after he placed his order. Provided that several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. Should the Seller not accept the Client’s offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that the Client is no longer bound by his statement of intent.
2.4 When submitting an offer via the Seller's online order form, the text of the contract is stored by the Seller after the contract has been concluded and transmitted to the Client in text form (e.g. e-mail, fax or letter) after the order has been sent. The Seller shall not make the contract text accessible beyond this. If the Client has set up a user account in the Seller's online shop prior to sending his order, the order data shall be stored on the Seller's website and can be accessed by the Client free of charge via his password-protected user account by specifying the corresponding login data.
2.5 Prior to submitting a binding order via the Seller’s online order form, the Client may recognize input errors by reading attentively the information displayed on the screen. The enlargement function of the browser to enlarge the display on the screen may be an effective method for better recognizing input errors. The Client can correct all the data entered via the usual keyboard and mouse function during the electronic ordering process, until he clicks the button finalizing the ordering process.
2.6 The English language is exclusively available for the conclusion of the contract. 2.8 Order processing and contacting usually takes place via e-mail and automated order processing. It is the Client’s responsibility to ensure that the e-mail address he provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. In particular, it is the Client`s responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.
3.1 Crumpler exclusively uses DHL to deliver your orders. Orders placed before 12:00 (CET) will usually be dispatched on the same day. Delivery time is 2-4 working days from the time payment in full has been received.
3.2 Where by way of exception an item is unable to be delivered or will take longer, we will notify you of this before you complete your order. We will inform you as quickly as possible of the delivery deadline or, alternatively, that delivery is not possible. We reserve the right to undertake a part delivery where this appears to favour fast processing and is acceptable to you. In the event of a part delivery we will of course bear the additional shipping costs. No further costs to you will arise.
3.3 Meeting a delivery deadline for goods identified as 'immediately available' depends on the availability of supplies. Where the ability to deliver depends on delivery by an upstream supplier and this delivery fails for reasons beyond our control, we reserve the exclusive right to withdraw from the contract. You are not entitled to compensation in the event of withdrawal in such a way.
3.4 In the same way, you are not entitled to compensation either where, due to force majeure or any other event, delivery is hampered or prevented beyond CRUMPLER's control. In particular, such events include: Fire, flooding, industrial dispute, disruption to production, strike and official orders not attributable to CRUMPLER. In these cases you will be notified immediately about the inability to deliver and any payment already made will be refunded to you by CRUMPLER.
4. RIGHT TO CANCEL
Consumers are entitled to the right to cancel. Detailed information about the right to cancel are provided in the Seller’s instruction on cancellation.
4.1 Please avoid damage or soiling. If possible, return the goods to us in a resalable condition, with all accessories, the original protective packaging and original labels on the goods.
4.2 You will bear the direct cost of returning the good. Your right to cancellation exists regardless of whether you use the original packaging and the return form.
4.3 Please note that the terms set out in no. 4.1 and 4.2 are not prerequisites for effectively exercising the right to cancellation.
5.1 The respective list prices at the time of the order as displayed on our website apply.
5.2 All prices quoted on our website are in Euros and include statutory VAT. Costs for packaging and shipping (shipping costs) are set out in accordance with the following table under section 6.
5.3 Where the delivery address is outside the EU, German VAT currently at 19% will not be calculated as part of the ordering process. Order prices quoted in this respect are therefore VAT exempt when ordered and delivered outside the EU and only shipping and packaging costs are added.
However, import taxes, customs duties and costs in the destination country may be charged for orders shipped outside of the EU. Import duties and taxes are charged to the recipient by the respective customs office and borne exclusively and directly by the recipient. These are in accordance with the import regulations of the recipient country. For more detailed information, contact your relevant customs office.
6. SHIPPING COSTS (DOMESTIC/ABROAD)
6.1 In addition to the prices quoted, CRUMPLER charges for delivery and, if applicable, shipping costs. The current shipping costs for the respective delivery area/country can be found in our shipping costs table.
6.2 The specific amount of shipping costs due are displayed during the order process. It is still possible to cancel the order at this moment.
6.3 You will bear the direct cost of returning the good.
7. TERMS OF PAYMENT
7.1 Payment can be made using one of the methods mentioned in the Seller’s online shop.
.7.2 If prepayment by bank transfer has been agreed upon, payment is due immediately after conclusion of the contract, unless the parties have arranged a later maturity date
7.3 Credit card payment via Stripe When selecting the payment method credit card, the invoice amount is due immediately upon conclusion of the contract. Payment by credit card is processed in cooperation with Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as "Stripe"). Stripe reserves the right to carry out a credit assessment and to refuse this payment method if the credit check is negative.
7.4 If a payment method offered via the payment service "mollie" is selected, the payment transaction is processed via the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, The Netherlands (hereinafter referred to as "mollie"). The individual payment methods offered via mollie are communicated to the Client in the online shop of the Seller. For the processing of payments, mollie may make use of other payment services, for which special payment conditions may apply, which the Client will be informed about separately if necessary. Further information about "mollie" is available on the Internet at https://www.mollie.com/en/privacy
7.5 When choosing a payment method offered via the payment service "Shopify Payments", payment will be processed via the payment service provider Shopify International Limited, Victoria Buildings, 2nd floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland (hereinafter referred to as "Shopify"). The individual payment methods offered via Shopify are communicated to the Client in the Seller's online shop. Shopify may use other payment services to process payments, which may be subject to special payment terms, to which the Client customer is separately referred. Further information on "Shopify Payments" can be found at https://www.shopify.com/payments.
7.6 If the payment method "immediate bank transfer" is selected, payment processing is carried out via the payment service provider SOFORT GmbH, Theresienhöhe 12,80339 Munich (hereinafter referred to as "IMMEDIATE"). If he wants to be able to pay the invoice amount via “immediate bank transfer,” the Client must have an online banking account that is activated for participation in “immediate bank transfer”. Furthermore he must have the appropriate credentials during the payment process, and must confirm the payment instruction to IMMEDIATE . The payment transaction will be executed immediately afterwards and the Client’s bank account debited accordingly. Further information on the payment method “immediate bank transfer” can be called up by the Client at https://www.sofort.com/ger-DE/kaeufer/su/so-funktioniert-sofort-ueberweisung/.
8.1 The warranty is governed by statutory provisions. With complaints we require proof of the date of purchase by means of the invoice and a picture of the item subject of the complaint showing the damage, sent to the following email address: email@example.com. You will then hear from us by email about the further course of action. If our examination based on the picture finds that the item subject of the complaint can be repaired, the item, together with a copy of the invoice, is to be sent to the following address:
There is no claim to warranty as a result of normal wear and tear or usage.
9. ADDITIONAL WARRANTY
9.1 In addition to the statutory warranty we offer you a 5-year warranty on separately marked bags for possible defects in the material or workmanship in accordance with the following warranty provisions:
CRUMPLER's 5-year warranty for separately marked bags applies in principle to defects in materials or the workmanship (such as sliders or seams).
Where the warranty applies, the bags are repaired by us. Where the damage and/or defect is unable to be repaired, we replace the article. Where we are unable to replace the item with the same model, we offer a similar product of identical value. A refund of the purchase price is excluded from the 5-year extended warranty.
The following damage is not covered during the period of the 5-year warranty.
a) Damage and/or defects arising from normal use (such as defective zips, damaged buckles, peeling finish and discolouration of the material).
b) Damage arising from misuse (such as tears, cuts and holes in the material or improper cleaning of the bag in the washing machine) as well as cosmetic damage (such as scratched or blemished material).
c) Incidental or consequential damage (such as damage or loss of the contents of the bag, loss of use, loss of time or similar costs).
d) Other damage caused by airlines or other damage in transit (such as damage, tears, cuts and holes in the material, damage to wheels, handles or other bag accessories). Claims for compensation during transit must be made to the transport company/airline.
e) Where the customer makes changes to the product or exchanges parts, the guarantee is void with regard to defects arising or that have arisen from the breach of the above provision.
9.2 A claim under the warranty is only honoured on production of the till receipt and/or invoice that shall be retained during the whole warranty period for this reason.
10. PLEASE NOTE WITH REGARD TO DAMAGE DURING TRANSPORT
Visible external damage to the parcel from CRUMPLER shall be immediately certified in a suitable manner by those delivering the parcel. The transport companies are bound by this. Where non-visible external damage or defects become apparent or the contents are found to weigh less, then no further unpacking shall take place. The transport company shall be immediately requested to record the damage in writing. In all cases, goods and packaging shall be left in the condition they were in when the damage was discovered until the facts are recorded by the transport company's representative.
11. RETENTION OF TITLE
All delivered goods remain our property until payment has been made in full.
12.1 In general CRUMPLER, for whatever legal reason, is only liable in accordance with the following provisions:
12.2 Unless otherwise provided for in section 12.3 hereafter, CRUMPLER's liability for compensation - regardless of the legal nature of the asserted claim and also after expiry of any deadline set - is excluded. In particular, subject to section 12.3 hereafter, CRUMPLER is not liable for information posted and available online at www.crumpler.eu - either for accuracy, completeness or timeliness or legality of or being held harmless from third party rights - for damage to legal interests of the customer as well as loss of profits, lost savings, damage from third party claims or other direct damage and consequential damage. CRUMPLER also accepts no liability for the colour represented online matching the actual colour of the bag.
12.3 The limitations to liability in accordance with the above sections do not apply to harm to life and limb or personal or material damage in accordance with German product liability laws and for damage that CRUMPLER is responsible for intentionally or due to gross negligence. In addition they do not apply in the event of fraudulent concealment of a defect or assumption of a guarantee of quality (Art. 443 German Civil Code) and/or for damage arising from a slightly negligent breach of significant contractual obligations (material contractual obligations). In these cases the following applies:
a) CRUMPLER is liable for injury to life and limb and/or personal and/or material damage in accordance with the German product liability laws and statutory provisions.
b) In addition, CRUMPLER is liable for its own wilful or grossly negligent behaviour and for the corresponding behaviour of its agents in accordance with statutory provisions.
c) In the event of fraudulent concealment of a defect or assumption of a guarantee of quality and/or for damage resulting from a slightly negligent breach of significant contractual obligations (material contractual obligations), CRUMPLER is liable in accordance with statutory provisions, however only for the amount of the damage that is typically to be expected.
13. APPLICABLE LAW AND PLACE OF JURISDICTION
13.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country, in which the consumer has his habitual residence.
13.2 With regard to the statutory right of cancellation, this choice of law does not apply to consumers who do not belong to a member state of the European Union at the time of the conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of the conclusion of the contract.
13.3 If the Client is a businessman, a legal entity of public law or a separate estate under public law with its seat in the territory of the Federal Republic of Germany, the Seller’s place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract. If the Client is domiciled outside the territory of the Federal Republic of Germany, the Seller’s place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract provided that the contract or claims from the contract can be assigned to the Client’s professional or commercial activities. In any event however, regarding the aforementioned cases the Seller is entitled to call the court responsible for the seat of the Client.
14. CONDITIONS FOR REDEEMING GIFT VOUCHERS AND GIFT CARDS
These conditions apply to vouchers purchased online from the CRUMPLER online shop.
• CRUMPLER online vouchers can be redeemed up until the end of the third year after purchase of the voucher ('expiry date').
• Remaining balances will be honoured up until the expiry date of your voucher, after this they will no longer be able to be used.
• Vouchers can only be redeemed for products on www.crumpler.eu.
• Vouchers can be redeemed using the normal order form.
• Where the value of the voucher is insufficient for your order, you may make up the difference using another method of payment accepted by Crumpler or by entering further gift vouchers on the same site.
• More than one gift voucher may be used for one order. Gift vouchers may not be combined with campaign vouchers.
• CRUMPLER's general terms and conditions of business and data protection provisions available on the website apply when redeeming gift vouchers and gift cards on www.crumpler.eu.
• When ordering a voucher, full payment details must be given in the order form. It is not possible to subsequently add to the details.
• A voucher order can only be cancelled if the voucher has still not been redeemed.<
• Vouchers may not be redeemed to purchase further vouchers.
• Vouchers may not be redeemed on other authorised websites.
• Vouchers may not be paid out in cash, topped up, carried forward for value, offset outstanding debts or transferred to another customer account. In the same way, gift vouchers and gift cards cannot be sold on.
Liability and risk of loss
• CRUMPLER accepts no liability for typing errors in the voucher recipient's email address. In the same way, CRUMPLER accepts no liability for loss, theft, misuse or delays in transmission (e.g. due to technical difficulties) of vouchers.
• In the event of fraud, attempted deception or suspicion of other illegal activity in connection with the purchase of a gift voucher or redemption of a voucher, CRUMPLER is entitled to close the corresponding customer account and/or demand an alternative method of payment. There is no entitlement to activation or payment of affected cards.
15. ALTERNATIVE DISPUTE RESOLUTION
15.1 The EU Commission provides on its website the following link to the ODR platform: https://ec.europa.eu/consumers/odr. This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.
15.2 The Seller is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.
T&Cs version update: March 2020