Terms and Conditions for
Consumers
General terms and conditions of the DINO-CARS and TRAMPOLINE online shop for consumers
(As of June 2024)
§ 1 Scope
§ 2 Conclusion of contract/Contract language/Storage of contract text
§ 3 Right of withdrawal/Exclusion of the right of withdrawal
§ 4 Delivery costs/Delivery time/Availability
§ 5 Prices and Payment Terms
§ 6 Retention of Title
§ 7 Warranty
§ 8 Liability
§ 9 Transport damage
§ 10 Applicable Law
Section 11 Dispute Resolution
§ 1 Scope
(1) These General Terms and Conditions (hereinafter "GTC") apply to all contracts concluded between us (DINO-CARS Evers GmbH, Dorfstrasse 63, 26899 Rhede Brual) and our customers via our online shop. In addition to the provisions of these GTC, the statutory provisions apply.
(2) Any differing, conflicting or supplementary terms and conditions of the customer shall only become part of the contract if and to the extent that we have expressly agreed to their validity.
Section 2 Conclusion of Contract / Contract Language / Storage of Contract Text
(1) The presentation or advertising of goods in our online shop does not constitute a binding offer to conclude a purchase contract.
(2) In the online shop, the customer's order is sent to us after clicking the "Place order" button or a button with a corresponding, clearly worded wording. The order constitutes a legally binding offer to which the customer is bound for 7 calendar days. Any right of withdrawal existing pursuant to Section 3 remains unaffected.
(3) Upon receipt of the order, we will immediately confirm receipt of the order to the customer by email. The order confirmation does not constitute acceptance of the contract offer unless acceptance is expressly declared at the same time.
(4) A contract between us and the customer is concluded by declaration of acceptance via e-mail or by delivery of the ordered goods.
(5) The German language is the only language available to the customer for concluding the contract.
(6) Before submitting a binding order in the online shop, you have the option to save the contract text. We also save the contract text of the contract concluded with the customer. In addition, the customer receives the contract terms and conditions, including details of the ordered goods, these General Terms and Conditions, and the cancellation policy by email.
§ 3 Right of withdrawal / Exclusion of the right of withdrawal
If the customer concludes the purchase agreement for purposes that are predominantly neither attributable to his commercial nor his independent professional activity ("consumer"), he is entitled to the following right of withdrawal:
Cancellation policy
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. To exercise your right of withdrawal, you must inform us
DINO-CARS Evers GmbH
Dorfstrasse 63
26899 Rhede Brual
Telephone: 49 (0) 4964 - 60 49 00
Fax: 49 (0) 4964 - 91 43 20
Email: info@dinocars.de
You must inform us of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but this is not obligatory.
To meet the cancellation deadline, it is sufficient that you send your notification of exercising your right of cancellation before the cancellation period expires.
Consequences of the revocation
If you withdraw from this contract, we will reimburse all payments received from you, including delivery costs (excluding any additional costs incurred if you chose a delivery method other than our cheapest standard delivery option), without undue delay and no later than 14 days from the day on which we received your notification of withdrawal. For this reimbursement, we will use the same payment method that you used for the original transaction, unless expressly agreed otherwise; in no case will you be charged any fees as a result of this reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You must return or hand over the goods to us without undue delay and in any event no later than 14 days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you send the goods before the 14-day period has expired.
You bear the direct costs of returning the goods.
You are only liable for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing their condition, properties and functionality.
Exclusion of the right of withdrawal
The right of withdrawal does not apply to contracts for the supply of goods that are not prefabricated and for whose production an individual selection or specification by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
§ 4 Delivery costs / Delivery time / Availability
(1) Deliveries are generally made at the customer's expense, unless otherwise agreed. In the event of a cancellation, the customer shall bear the direct costs of return shipping.
(2) For deliveries within Germany, we charge according to our following scale:
- Order value ≤ 300.00 EUR: 8.50 EUR shipping
- Order value > 300.00 EUR: free shipping
(3) For cash on delivery, an additional fee of EUR 20.00 will be charged by the delivery person. No other taxes or charges will apply.
(4) The delivery time is approximately 5 working days, unless a different delivery time is specified in our online shop or otherwise agreed. The delivery time begins upon conclusion of the contract.
(5) Partial deliveries are permitted insofar as they are reasonable for the buyer, whereby the additional shipping costs incurred shall be borne by the seller.
(6) If the goods are not available at the time of ordering, we will inform the customer immediately. If the product is permanently unavailable, we will not accept the customer's offer, and no contract will be formed. If the goods are only temporarily unavailable, we will also inform the customer immediately.
(7) The seller is entitled to withdraw from the contract if, despite having previously concluded a corresponding purchase agreement and exercising due commercial care, the seller is not at fault for not receiving the goods. The seller will inform the buyer immediately of the unavailability of the goods and, if the seller intends to withdraw for this reason, will exercise this right of withdrawal without delay. The buyer also has a right of withdrawal as a result of being informed by the seller. In the event of withdrawal – regardless of who withdraws – the seller will reimburse the buyer for the consideration without delay.
§ 5 Prices and Payment Terms
(1) The purchase prices in our online shop are gross prices including statutory VAT plus any applicable shipping costs. The total price including VAT and shipping costs is displayed to the customer on the order summary page before the order is submitted.
(2) The purchase price shall be due upon conclusion of the purchase agreement.
(3) The following payment methods are available to the customer: prepayment, credit card, direct debit or PayPal.
(4) The purchase price and shipping costs must be paid no later than 10 days after receipt of the goods and our invoice.
§ 6 Retention of Title
The delivered goods remain our property until the purchase price has been paid in full.
§ 7 Warranty
(1) The warranty for material defects or defects of title in delivered goods shall be governed – subject to the provisions of Section 8 – by the applicable statutory provisions, in particular Sections 434 et seq. of the German Civil Code (BGB).
(2) Notwithstanding the above, the rights relating to defects in the delivery of used goods shall expire within one year. This shall not affect any other rights of the consumer.
§ 8 Liability
(1) We shall be liable to the customer in accordance with statutory provisions for damages and reimbursement of expenses in the event of culpable injury to life, body and health, as well as in the event of intent and gross negligence, in the event of fraudulent concealment of a defect or a guarantee assumed by us, and in accordance with the Product Liability Act.
(2) We are also liable for slightly negligent breaches of a material contractual obligation. Material contractual obligations are those whose fulfillment is essential for the proper performance of the contract and on whose compliance the customer regularly relies and may rely. In these cases, however, our liability is limited to compensation for foreseeable damages typical of this type of contract.
(3) Furthermore, liability for damages and reimbursement of expenses – regardless of the legal basis – is excluded.
(4) The foregoing provisions shall also apply in favor of our legal representatives and agents if claims are brought directly against them.
§ 9 Transport damage
(1) If goods are delivered with obvious transport damage, please report such defects immediately to the delivery person and contact us as soon as possible on 0049 (0) 4964 – 60 49 00.
(2) Failure to submit a complaint or contact us will not affect your statutory warranty rights. However, it will help us to assert our own claims against the carrier or transport insurance company.
§ 10 Applicable Law
The laws of the Federal Republic of Germany apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If the customer placed the order as a consumer and had their habitual residence in another country at the time of the order, the application of mandatory legal provisions of that country remains unaffected by the choice of law.
Section 11 Dispute Resolution
(1) The European Commission provides a platform for online dispute resolution. You can find it at https://ec.europa.eu/consumers/odr/.
(2) We are neither willing nor obliged to participate in a dispute resolution procedure.
Terms and Conditions for Businesses
General Terms and Conditions of the DINO-CARS and TRAMPOLINE Online Shop for Businesses
(As of June 2024)
§ 1 Scope/General
§ 2 Conclusion of contract/Contract language/Storage of contract text
§ 3 Delivery deadlines/delay
§ 4 Delivery/Transfer of Risk/Acceptance/Default of Acceptance
§ 5 Prices/Payment Terms
§ 6 Retention of Title
§ 7 Warranty
§ 8 Liability
§ 9 Statute of Limitations
§ 10 Final Provisions
§ 1 Scope / General
(1) These General Terms and Conditions (hereinafter "GTC") apply to all contracts concluded between us (DINO-CARS Evers GmbH, Dorfstrasse 63, 26899 Rhede Brual) and our customers who, when concluding a legal transaction, are acting in the exercise of their commercial or independent professional activity (entrepreneurs), via our online shop. In addition to the provisions of these GTC, the statutory provisions shall apply.
(2) Use of our online service is only possible for registered businesses. By registering, the business accepts the terms and conditions.
(3) Any differing, conflicting or supplementary terms and conditions of the customer shall only become part of the contract if and to the extent that we have expressly agreed to their validity.
(4) Legally relevant declarations and notices that the customer submits to us after conclusion of the contract (e.g. setting deadlines, notices of defects, declaration of withdrawal or reduction) require written or text form to be effective.
(5) Changes to these terms and conditions will be communicated to the customer in writing or by email. If the customer does not object to a change within four weeks of receiving the notification, the changes will be deemed accepted. We will specifically inform the customer of the legal consequences of remaining silent at the start of this period.
Section 2 Conclusion of Contract / Contract Language / Storage of Contract Text
(1) The presentation or advertising of goods in our online shop does not constitute a binding offer to conclude a purchase contract.
(2) In the online shop, the customer's order is sent to us after clicking the "order with obligation to pay" button or a button with a corresponding, clearly worded wording. The order constitutes a legally binding offer to which the customer is bound for 14 calendar days.
(3) Upon receipt of the order, we will immediately confirm receipt of the order to the customer by email. The order confirmation does not constitute acceptance of the contract offer unless acceptance is expressly declared at the same time.
(4) A contract between us and the customer is concluded by declaration of acceptance via e-mail or by delivery of the ordered goods.
(5) The German language is the only language available to the customer for concluding the contract.
(6) Before submitting a binding order in the online shop, you have the option to save the contract text. We also save the contract text of the contract concluded with the customer. In addition, the customer will receive the contract terms and conditions, including details of the ordered goods and these General Terms and Conditions, as well as the contract terms themselves.
(7) We may accept offers addressed to us within 14 days.
§ 3 Delivery deadlines / Delay
(1) Delivery periods or delivery dates are generally non-binding unless otherwise agreed.
(2) Our delivery and performance obligations are subject to correct and timely delivery to us by our suppliers.
(3) If delivery is delayed due to force majeure, in particular industrial action such as strikes and lawful lockouts, as well as the occurrence of other obstacles that are unforeseeable and beyond our control (non-availability of the goods or services), the delivery period shall be extended appropriately. This also applies if such circumstances arise at our suppliers. The customer will be notified immediately of the beginning and end of such obstacles.
If the service is still not available within the new delivery period, we are entitled to withdraw from the contract in whole or in part. Any payment already made by the customer will be refunded immediately.
(4) The customer's right to withdraw from the contract after the expiry of a reasonable period set by him and/or to claim damages for non-performance in accordance with Section 8 remains unaffected. Our statutory rights also remain unaffected, in particular those in the event of exclusion of the obligation to perform (e.g., due to impossibility or unreasonableness of performance and/or subsequent performance).
to notify and inform the debtors of the assignment, without prejudice to our own right to notify.
§ 4 Delivery / Transfer of Risk / Acceptance / Default of Acceptance
(1) Unless otherwise agreed, deliveries are made EXW from our warehouse (Incoterms 2020). The place of performance for delivery and any subsequent performance is also our warehouse. At the customer's request and expense, the goods will be shipped to a different destination (sale by dispatch). Unless otherwise agreed, we are entitled to determine the method of shipment (in particular, the carrier, shipping route, and packaging).
(2) Partial deliveries by us are permitted unless they are unreasonable for the customer. Unreasonableness exists in particular if the partial delivery results in significant additional effort or costs for the customer, if the partial delivery is unusable for the customer within the scope of the contractual purpose, or if the delivery of the remaining ordered goods is not guaranteed.
(3) If the goods are shipped at the customer's request, this is done at the customer's risk. The risk passes to the customer upon loading onto the transport vehicle. If the transport is delayed for reasons attributable to the customer, the risk passes to the customer as soon as the shipment is ready for dispatch and we notify the customer accordingly.
(4) Loss or externally visible damage to the goods, as well as any exceeding of the delivery period, must be clearly reported to the carrier upon delivery (§ 438 HGB). The customer shall provide the supplier with a copy of the notification without delay.
§ 5 Prices / Payment Terms
(1) The prices stated on the website in euros shall apply, including packaging but excluding applicable sales tax, other taxes, any transport costs, customs duties, fees and other public charges from our warehouse.
(2) The purchase price shall be due upon conclusion of the purchase agreement.
(3) The purchase price and other costs (e.g., shipping costs, customs duties, etc.) are payable no later than 30 days after receipt of the goods and invoice. The customer will be in default upon expiry of the aforementioned payment period. Interest will accrue on the purchase price during the period of default at the applicable statutory default interest rate. We reserve the right to claim further damages for default. With respect to merchants, the right to commercial default interest (§§ 352, 353 of the German Commercial Code) remains unaffected.
(4) If payment is made within ten days of the invoice being issued and received, we will grant the customer a discount of two percent on the purchase price.
(5) In the event of late payment, the provider is also entitled to a flat fee of EUR 40.00. This flat fee shall be credited against any damages owed, insofar as the damages are based on the costs of legal action.
(6) Payment by bill of exchange or check is only permitted by express agreement and is considered to be made as security. Any costs associated with the redemption of the bill of exchange or check shall be borne by the customer.
(7) The customer shall only be entitled to set-off and retention rights to the extent that his claim is acknowledged by us, undisputed or legally established.
(8) Acceptance of orders is contingent upon the customer's creditworthiness. If, after conclusion of the contract, we become aware of reasons indicating a lack of creditworthiness on the part of the customer, we may demand advance payment or security, even if bills of exchange have been issued. If the customer fails to comply, we reserve the right to withdraw from the contract. We are entitled to obtain a credit report from CEG Creditreform Consumer GmbH, Hellersbergstr. 14, 41460 Neuss, Germany, based on mathematical-statistical methods. For this purpose, we transmit the personal data required for a credit check to CEG Creditreform and use the information received regarding the statistical probability of payment default to make a balanced decision on whether to establish, execute, or terminate the contractual relationship. The credit report may include probability values (score values) calculated using scientifically recognized mathematical-statistical methods, which incorporate, among other things, address data.
A lack of creditworthiness can be assumed, among other things, if the customer is in arrears with the payment of a previous delivery.
§ 6 Retention of Title
(1) We retain title to the goods (hereinafter referred to as reserved goods) until all claims arising from the purchase agreement and the business relationship with the customer, including future claims, have been satisfied.
(2) The customer is authorized to resell the goods subject to retention of title in the ordinary course of business. Pledging or assigning them as security is prohibited. The customer hereby assigns to the supplier all claims arising from the resale, including all ancillary rights and any claims for compensation against a credit insurer. We hereby accept this assignment.
(3) We are obliged to release our collateral at the customer’s request to the extent that the realizable value of the collateral exceeds the secured claims by more than 10%; the choice of which collateral is to be released is at our discretion.
(4) While title to the goods remains with us, the customer is prohibited from pledging or assigning them as security. In the event of attachment, seizure, or other disposition or intervention by third parties, the customer must notify us immediately. Resale of the delivered goods or new goods is permitted only to resellers in the ordinary course of business and only on the condition that the customer receives payment for the delivered goods. The customer must also agree with the buyer that ownership is transferred to the buyer only upon such payment.
(5) In the event of a breach of contract by the customer, in particular in the event of default of payment, we are entitled, even without setting a deadline, to demand the return of the delivered item or the new goods and/or – if necessary after setting a deadline – to withdraw from the contract; the customer is obligated to return the item. A demand for the return of the delivered item/new goods does not constitute a declaration of withdrawal on our part unless this is expressly stated.
§ 7 Warranty
(1) The customer's rights in the event of material defects and defects of title are governed by the statutory provisions, unless otherwise specified below. The statutory provisions applicable to the final delivery of goods to a consumer (§§ 478, 479 of the German Civil Code) remain unaffected.
(2) In sales contracts for used goods, claims and rights due to defects in the deliveries – regardless of the legal basis – are excluded. This does not apply, however, in the cases of Section 438 Paragraph 1 No. 1 of the German Civil Code (BGB) (defects of title in immovable property) or Section 438 Paragraph 1 No. 2 of the German Civil Code (BGB) (buildings, items for buildings). The cases excluded in the preceding sentence 2 are subject to a limitation period of one year. The exclusion and limitation provisions according to sentence 1 also apply to all claims for damages against us that are related to the defect – irrespective of the legal basis of the claim. The provisions in Section 9 Paragraphs 1 and 2 remain unaffected.
(3) Claims for defects by the customer require that he has properly complied with his statutory obligations to inspect and give notice of defects (§ 377 HGB).
(4) The seller shall, at its option, remedy the defect by either repairing the goods or delivering goods free from defects. The seller's right to refuse to remedy the defect under the statutory conditions remains unaffected.
(5) Claims for damages and claims for reimbursement of wasted expenses exist in the case of defects only in accordance with Section 8 and are otherwise excluded.
§ 8 Liability
(1) We shall be liable to the customer in accordance with statutory provisions for damages and reimbursement of expenses in the event of culpable injury to life, body and health, as well as in the event of intent and gross negligence, in the event of fraudulent concealment of a defect or a guarantee assumed by us, and in accordance with the Product Liability Act.
(2) We are also liable for slightly negligent breaches of a material contractual obligation. Material contractual obligations are those whose fulfillment is essential for the proper performance of the contract and on whose compliance the customer regularly relies and may rely. In these cases, however, the seller's liability is limited to compensation for foreseeable damages typical of this type of contract.
(3) Furthermore, liability for damages and reimbursement of expenses – regardless of the legal basis – is excluded.
§ 9 Statute of Limitations
(1) Claims based on material defects and defects of title shall become statute-barred within one year from delivery of the goods. If acceptance is agreed upon in a specific case, the limitation period shall commence upon acceptance.
(2) The statutory limitation period applies to claims under the Product Liability Act or in cases of intent or fraud, gross negligence, in cases of supplier recourse under Sections 478, 479 of the German Civil Code (BGB), a defect of title pursuant to Section 438 Paragraph 1 No. 1 a) of the German Civil Code (BGB), or if the goods constitute an item pursuant to Section 438 Paragraph 1 No. 2 b) which, according to its usual purpose, has been used for a building and has caused its defectiveness, or in cases of injury to life, body or health.
§ 10 Final Provisions
(1) The contracting parties agree that all legal relations arising from and in connection with this contractual relationship shall be governed by German law, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) The place of performance is the seller's place of business.
(3) If the customer is a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction – including international jurisdiction – for all disputes arising directly or indirectly from the contractual relationship shall be the location of our branch.
