Terms and Conditions

Terms and Conditions with Customer Information

1. Scope
2. Offers and Service Descriptions
3. Ordering Process and Conclusion of Contract
4. Prices and Shipping Costs
5. Delivery, Product Availability
6. Payment Modalities
7. Retention of Title
8. Warranty for Material Defects and Guarantee
9. Liability
10. Storage of the Contract Text
11. Final Provisions

1. Scope
1.1. The business relationship between Carney Verwaltungs GmbH, Industriestraße 9, 91489 Wilhelmsdorf (hereinafter referred to as “Seller”) and the customer (hereinafter referred to as “Customer”) shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order.

1.2. You can reach our customer service for questions, complaints and objections on weekdays from 9:00 AM to 2:00 PM on the telephone number +49 9104 8262338 and by e-mail at info@orangenkinder.de.

1.3. A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity (§ 13 BGB).

1.4. Deviating conditions of the customer are not recognized, unless the seller expressly agrees to their validity.

2. Offers and Service Descriptions
The presentation of the products in the online shop does not constitute a legally binding offer, but an invitation to place an order. Service descriptions in catalogs and on the seller’s websites do not have the character of an assurance or guarantee.
All offers are valid “as long as stock lasts”, unless otherwise stated in the products. Errors and omissions excepted.

3. Ordering Process and Conclusion of Contract
3.1. The customer can select products from the seller’s range without obligation and collect them in a so-called shopping cart using the [Add to cart] button. Within the shopping cart, the product selection can be changed, e.g. deleted. Then, the customer can proceed to complete the order process within the shopping cart via the [Continue to checkout] button.

3.2. By clicking the [order with obligation to pay] button, the customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time, go back to the shopping cart using the browser function “back” or cancel the order process altogether. Necessary information is marked with an asterisk (*).

3.3. The seller then sends the customer an automatic confirmation of receipt by e-mail, in which the customer’s order is listed again and which the customer can print out using the “Print” function (order confirmation). The automatic confirmation of receipt merely documents that the customer’s order has been received by the seller and does not constitute acceptance of the application. The purchase contract is only concluded when the seller ships the ordered product to the customer within 2 days, hands it over or confirms the dispatch to the customer within 2 days with a second e-mail, express order confirmation or sending of the invoice.

3.4. If the seller enables advance payment, the contract comes into effect with the provision of the bank details and payment request. If payment is not received by the seller despite the due date even after a renewed request up to a point in time of 10 calendar days after sending the order confirmation, the seller withdraws from the contract with the consequence that the order is invalid and the seller is not obliged to deliver. The order is then completed for the buyer and seller without further consequences. A reservation of the article with advance payments takes place therefore at the longest for 10 calendar days.

4. Prices and Shipping Costs
4.1. All prices quoted on the seller’s website include the applicable statutory sales tax.

4.2. In addition to the prices quoted, the seller charges shipping costs for the delivery. The shipping costs are clearly communicated to the buyer on a separate information page and as part of the ordering process.

5. Delivery, Product Availability
5.1. If advance payment has been agreed, delivery will take place after receipt of the invoice amount.

5.2. If the delivery of the goods fails due to the fault of the buyer despite three delivery attempts, the seller can withdraw from the contract. Any payments made will be refunded to the customer immediately.

5.3. If the ordered product is not available because the seller is not supplied with this product by his supplier through no fault of his own, the seller can withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, propose the delivery of a comparable product. If no comparable product is available or the customer does not wish a comparable product to be delivered, the seller will reimburse the customer for any consideration already provided without delay.

5.4. Customers are informed about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries) on a separate information page or within the respective product description.

6. Payment Modalities
6.1. The customer can choose from the available payment methods within and before the completion of the order process. Customers are informed about the available means of payment on a separate information page.

6.2. If payment by invoice is possible, payment must be made within 30 days of receipt of the goods and the invoice. With all other payment methods, payment must be made in advance without deduction.

6.3. If third-party providers are commissioned with the payment processing, e.g. Paypal, their terms and conditions apply.

6.4. If the due date of payment is determined according to the calendar, the customer is already in default by missing the deadline. In this case, the customer has to pay the legal default interest.

6.5. The customer’s obligation to pay default interest does not exclude the assertion of further damages caused by default by the seller.

6.6. The customer is only entitled to a right of set-off if his counterclaims have been legally established or acknowledged by the seller. The customer can only exercise a right of retention if the claims result from the same contractual relationship.

7. Retention of Title
The delivered goods remain the property of the seller until full payment.

8. Warranty for Material Defects and Guarantee
8.1. The warranty is determined by legal regulations.

8.2. A guarantee exists for the goods delivered by the seller only if this has been expressly given. Customers are informed about the guarantee conditions before the initiation of the ordering process.

9. Liability
9.1. The following exclusions and limitations of liability apply to the seller’s liability for damages, without prejudice to the other statutory conditions for claims.

9.2. The seller is liable without limitation if the cause of damage is based on intent or gross negligence.

9.3. Furthermore, the seller is liable for the slightly negligent breach of essential obligations, the violation of which endangers the achievement of the purpose of the contract, or for the violation of obligations, the fulfillment of which makes the proper execution of the contract possible at all and on whose compliance the customer regularly trusts. In this case, however, the seller is only liable for the foreseeable, contract-typical damage. The seller is not liable for the slightly negligent violation of obligations other than those mentioned in the preceding sentences.

9.4. The above limitations of liability do not apply in the event of injury to life, body and health, for a defect after the assumption of a guarantee for the quality of the product and in the case of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.

9.5. If the liability of the seller is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.

10. Storage of the Contract Text
10.1. The customer can print out the contract text before submitting the order to the seller by using the print function of his browser in the last step of the order.

10.2. The seller also sends the customer an order confirmation with all order data to the e-mail address provided by him. With the order confirmation, but at the latest with the delivery of the goods, the customer also receives a copy of the terms and conditions together with the cancellation policy and the information on shipping costs as well as delivery and payment conditions. If you have registered in our shop, you can view your placed orders in your profile area. In addition, we store the contract text, but do not make it accessible on the Internet.

11. Final Provisions
11.1. The place of jurisdiction and place of performance is the registered office of the seller if the customer is a merchant, legal entity under public law or a special fund under public law.

11.2. The contract language is German.

11.3. Platform of the European Commission for online dispute resolution (OS) for consumers: http://ec.europa.eu/consumers/odr/. We are not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.