General terms and conditions of business
Crazy Factory GmbH
- hereinafter called Crazy Factory -
1. General provisions/applicability
These General Terms and Conditions of Business are the basis for all Crazy Factory’s deliveries and services. Differing and/or supplementary arrangements shall require Crazy Factory’s explicit written consent. Consent sent by e-mail is sufficient.
All offers of Crazy Factory on the website at www.crazy-factory.com are non-binding and subject to confirmation. Minor deviations or technical changes with respect to our illustrations or descriptions are possible. The contract shall arise upon the completion of the ordering process on Crazy Factory’s website and the confirmation of the order by Crazy Factory by e-mail or the fulfilment of the order by Crazy Factory.
3. Prices and payment terms
The prices specified on Crazy Factory’s website at the time when the order is placed are applicable. All the prices specified are final prices in the currency selected by the customer, subject to obvious pricing errors. Packing and shipping costs and any statutory charges in the destination country shall be additionally charged.
Crazy Factory accepts all the payment methods offered on its website in the ordering process. The customer shall select the payment method it prefers itself. Any additional costs that arise due to the payment method (e.g. cash on delivery fees) shall be additionally charged in the amount specified on the website.
Mutual claims can only be set off with the explicit written consent of Crazy Factory.
The payment option PayPal payment is in accordance with the general terms and conditions of PayPal (Europe) S.a.r.l. & Cie, S.C.A. and is being handled by our service partner Secure Internet Payment GmbH.
4. Delivery, delivery times and shipping costs
The goods shall be delivered to the customer by the third-party provider specified in the ordering process (delivery services). The customer shall select the shipping method it prefers itself. The orderer shall be notified of the packing and shipping costs in the shopping cart before the ordering process is initiated. Goods in stock shall be shipped within two business days after the order is received.
For goods which are not in stock, the delivery time may amount to up to two weeks after the order is received. Crazy Factory’s ability to make delivery depends on it receiving deliveries from its own suppliers on time. If the delivery fails, Crazy Factory can rescind the contract, in which case it shall promptly notify the customer to that effect. Any payments made shall be promptly returned to the customer. In the event of a delay of more than three weeks, the customer shall have the right to rescind the contract, of which the customer must given written notification. It shall not be entitled to any further compensation.
Partial deliveries are permitted, unless the customer has notified us in writing that it is not interested in them or they are clearly unreasonable for it, in which case the costs of transportation and packing shall only be charged once.
5. Notice on the right to exchange and return goods (right of rescission)
All items purchased from Crazy Factory can be returned within two weeks after they are received, without giving reasons. The time limit shall begin when the goods are received. In order to comply with the time limit, it is sufficient that the goods be dispatched on time (according to the postmark of the dispatching location).
The right to return goods shall not exist with regard to special orders of goods which have to be custom manufactured for that order. Payments made by the contract partner shall be returned by wire transfer into an account to be specified by the customer, within 10 business days after the returned goods are received. Goods which are sent back must be sent to the business address specified above.
The return shipment shall be at customer’s expense and risk. It must have sufficient postage paid and comply with statutory import regulations. If Crazy Factory incurs additional costs due to insufficient postage being paid for the return shipment or import charges, those costs shall be set off against any payments made by the customer.
Crazy Factory explicitly reserves the right to demand compensation for damaged goods. If the customer is responsible for deterioration, destruction or other impossibility, it shall pay compensation for the reduction in the value of the goods.
The goods must be shipped back in the original packing. If this is not possible, the customer must provide packing which properly protects the goods from damage. The customer shall be liable for any damage to the goods which is attributable to inadequate packing.
Crazy Factory must be immediately notified in writing of any obvious defects (particularly damage, incorrect deliveries or quantity deviations), damage in transit or other defects, not later than 14 calendar days after the goods are received. Notification by e-mail to firstname.lastname@example.org is sufficient. The burden of proving that the notification was successfully delivered shall rest with the customer.
6 Transfer of risk
The goods shall be delivered at the customer’s risk. The risk shall transfer to the customer when the goods are handed over to the transportation company. This also applies if Crazy Factory has taken over the transportation costs. The customer must submit complaints concerning damage in transit (e.g. damaged packaging upon the receipt of the goods) directly to the transportation company within the time limits prescribed for this. Any taxes, customs duties etc. incurred in connection with a purchase from abroad shall be borne by the customer.
Crazy Factory guarantees that the purchased goods are free from material and manufacturing defects and have the contractually agreed properties as at the moment when the risk is transferred. The statutory warranty period of two years from the delivery of the goods to the customer applies. The warranty does not cover normal wear and tear resulting from use or other normal wear.
Claims of the customer to compensation, for example due to non-performance, faults arising upon the conclusion of the contract, breach of secondary obligations, consequential damage due to defects, damage resulting from impermissible acts or on other legal grounds are excluded. However, Crazy Factory shall be liable if a guaranteed property is absent and for any wilful misconduct or gross negligence. This provision does not affect claims under the German Product Liability Act (Produkthaftungsgesetz).
If defects are identified for which Crazy Factory is responsible and if, in the event that the goods are exchanged, the replacement delivery is also defective, the buyer shall have the right to cancel the contract or demand a price reduction. Crazy Factory accepts no liability either for the continual and uninterrupted availability of www.crazy-factory.com or for technical or electronic errors in the online offer.
8. Retention of ownership
All deliveries shall be subject to retention of ownership. The delivered goods shall remain the property of Crazy Factory until the purchase price has been paid in full.
9. Data storage / data protection
Please note that the data necessary in connection with the processing of the transaction shall be processed and stored using a computer system. All personal data collected from the customer shall be treated confidentially. The necessary data shall be used exclusively in connection with the processing of the order (payment, shipment), including with respect to third parties. You can obtain information on the data concerning you stored by us at any time free of charge. For that purpose, please send an e-mail to email@example.com. For reasons related to data protection, the e-mail can only be answered to the e-mail addresses recorded at Crazy Factory.
10. Place of jurisdiction
The place of jurisdiction for all disputes related to the delivery transaction shall be determined according to Crazy Factory’s registered office. The ordinary courts in CH-7002 Chur are therefore competent to handle them. The Parties agree that all legal relationships stemming from this contractual relationship are subject to Swiss law, to the exclusion of conflict of laws rules and international agreements.
11. Site notice
Crazy Factory GmbH
12. Additional provision
If individual provisions of these GTC are invalid or ineffective, the effectiveness of the other provisions hereof shall not be affected. Any invalid or ineffective provisions shall be replaced by the statutory provisions.
Status as at October 2012
Infringement of intellectual property rights:
If you believe that an infringement of one of your protective rights is originating from the website www.crazy-factory.com, please notify us immediately per e-mail at firstname.lastname@example.org so that we can take prompt remedial action. Please note that since engaging a solicitor is more time-consuming and costly it shall be at the customer’s risk and expense.
We make every effort to completely fulfil all statutory requirements, regulations and disclosure obligations.