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.
Crazy Factory exclusively supplies end customers. We do not offer commercial or "B2B" transactions. In case you supply a company address during the order process, we assume that it is part of a delivery address.
The user is responsible for the proper use of any purchased products. Crazy Factory can not be held liable for damages that occur due the usage of purchased products.
3. PRICES AND PAYMENT TERMS
All prices on Crazy Factory's website are displayed and balanced in the currency selected by the user. The prices specified on Crazy Factory’s website at the time when the order is placed are applicable.
All listed prices are final for customers in the E.U. and orders up to €150 in value plus applicabe value added taxes of the respective destination country. (Shipping type "DDP"/"IOSS" - declared and taxed). Orders between €29 and this threshhold will be shipped to the customer inclusive of any shipping charges through a local postal service. For orders up to €29 there is a shipping charge, Crazy Factory will declare and tax.
For orders with a net order value of €150 or above plus applicable value added tax, the net price will be displayed at the end of the shopping process and the type of shipment will change to "DAP". For the shipment type "DAP", additional taxes will be levied when the shipment enters the European Union. The customer is responsible for these charges.
For additional charges which may be collected for overseas shipments, please request further details from your local postal service.
All prices displayed on Crazy Factory's website are final for customers with a billing and shipping address in Switzerland and include value added tax.
All prices displayed on Crazy Factory's website are final for customers with a billing and shipping address in Great Britain and include value added tax.
All prices displayed on Crazy Factory's website are net prices for customers with a billing and shipping address outside of the E.U., Switzerland and Great Britain and do not include value added tax. At the time of import in your country, charges may be levied by local administrations (customs dues, value added tax, service charges).
Obvious pricing errors reserved. 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 options "PayPal" and "Paypal express" meet the general terms and conditions of PayPal (Europe) S.a.r.l. & Cie, S.C.A.
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment methods. Payments will be made to Klarna.
- Direct banking: Available in Germany, Austria and the Netherlands. Your account will be debited directly after placement of your order.
General information about Klarna and the user terms per country can be found on klarna.com . Your personal data is handled in accordance with applicable data protection laws and in accordance with the information in Klarnas privacy statement.
4. DELIVERY AND SHIPPING COSTS
The goods shall be delivered to the customer by a local third-party provider. The customer 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 the unlikely event that goods are out of stock, production time is up to two weeks. Crazy Factory’s ability to make delivery might depend on Crazy Factory itself receiving timely deliveries from third party suppliers. 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. The customer 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 this business address: Crazy Factory Germany GmbH, Wanheimerstr. 66, 40472 Düsseldorf, Germany.
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 email@example.com 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.
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. UPLOADING ACTION SHOTS
Action Shots are pictures, that showcase a customer wearing an item he/she has purchased. These pictures are used to better illustrate the products to other customers. According to copyright laws, the Action Shots need to be property of the customer uploading them. The pictures may only display the customer him-/herself with Crazy Factory products and may not violate any copyright laws or personal rights of others. By uploading an Action Shot, the customer grants Crazy Factory the permission, to use this picture in our web shop as well as other associated purposes such as marketing operations. The picture will be visible on the respective product page and can be seen by anyone visiting the Crazy Factory website. The customer has been informed, that the following kind of pictures can not be accepted: pictures that show genitals; pictures that don't show the respective article properly; pictures with a bad quality (blurry etc.); pictures displaying any other content that Crazy Factory might consider to be inappropriate. The decision to publish an uploaded picture is entirely up to Crazy Factory. Due to administrative reasons editing or deleting an Action Shot is unfortunately not possible.
10. CRAZY CASH POINTS
Crazy Cash Points are collectable points exclusively usable in the online shop www.crazy-factory.com. Each unit (a Crazy Cash Point) is equivalent to the value of a Euro cent (even when another currency is selected) and can be used for purchases. Customers can earn Crazy Cash Points via the purchase of goods, through promotions as well as through other activities (e.g. reading the newsletter). They will be credited automatically when gained through purchase or can be gained via codes redeemable in the customer account. This can be done under “My Crazy Cash Points & Vouchers; Crazy Cash Points Overview; Redeem Crazy Cash Points Voucher”. All collected Crazy Cash Points will be displayed there in order of date of receipt. Collected points can be spent during the order process in the shopping cart under “Redeem Crazy Cash Points” so that the total monetary amount due will be reduced. A cash payment in exchange for Crazy Cash Points is not possible. Crazy Cash Points have a limited period of validity of 6 months after the date they were credited and will completely expire thereafter.
11. 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 firstname.lastname@example.org. For reasons related to data protection, the e-mail can only be answered to the e-mail addresses recorded at Crazy Factory.
12. AGE REQUIREMENTS
The minimum age to use Crazy Factory services is 16. (Or the legally applicable age at the customer's locale without necessitating separate parental consent.)
This explicitly includes the creation of a customer account (registration) as well as completion of orders. In case the customers has not yet reached the required age to utilise the services, they will need to obtain the consent of a parent or legal guardian to do so. Please contact our support at email@example.com to open an account for minors and to declare parental consent.
13. VIP MembershipAs a direct to customer distributor, Crazy Factory reserves the right to offer the VIP membership to private customers only and to exclude retailers and re-sellers from this offer. The offer of membership only applies to customer accounts with orders in household quantities.
Crazy Factory reserves the right to unilaterally terminate the VIP membership at any time. In the event of termination on the part of Crazy Factory, Crazy Factory undertakes to fully refund the customer payment made for the VIP membership.
The VIP membership is valid for the selected period at the time of joining. Cancellation on the part of the buyer is possible and does not lead to any reimbursement.
14. 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, therefore all disputes shall be handled via the courts in CH-7000 Chur. 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.
15. SITE NOTICE
Crazy Factory GmbH
Company ID: CHE-115.113.091
16. 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 of July 1st 2021. Subject to change.
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.