General Terms and Conditions and Consumer Information
1. Applicability of the conditions
1.1 All contractual relationships between DARCO (Europe) GmbH, Gewerbegebiet 18, 82399 Raisting, Germany – hereinafter referred to as DARCO – and the customer, as well as all deliveries, services and offers on http://www.darco-shop.de are based exclusively on these General Terms and Conditions. Conflicting terms and conditions from the customer are only effective if DARCO has previously recognised them in writing.
1.2 The contractual partner for all orders:
DARCO (Europe) GmbH, Gewerbegebiet 18, 82399 Raisting, Germany
Managing Director: Johannes Hagenmeyer
Raisting, District Court Munich, HRB (Commercial Register B) 154693
VAT ID no: DE 128666814
2. Realisation of the contract
2.1 Orders can only be placed on the internet platform http://www.darco-shop.de. The order itself constitutes an offer to conclude a purchase contract. When you place an order at http://www.darco-shop.de, we will send you an e-mail confirming receipt of your order and listing its details (order confirmation). This order confirmation does not constitute acceptance of your offer to conclude a purchase contract, but is only intended to inform you that we have received your order. Your offer to conclude a purchase contract is only accepted by DARCO upon dispatch of the corresponding goods and by sending an e-mail confirming the dispatch (dispatch confirmation).
2.2 The customer’s use of authorised instant payment methods does not lead to the conclusion of a contract, despite payment of the purchase price or fee. The offer is accepted (and the contract concluded) only by dispatching the corresponding goods and by sending an e-mail about the dispatch (dispatch confirmation).
3. Prices, carriage costs, terms of payment
3.1 Deliveries are only made to delivery addresses in Germany or Austria.
3.2 The prices quoted in the respective offers, as well as the carriage costs, are final prices. They include all price components and all applicable taxes incurred.
3.3 The carriage costs incurred are not included in the purchase price. They can be accessed on the page “Shipping conditions, delivery times and returns” and are shown separately during the ordering process and are also to be borne by the customer, unless ‘free delivery’ has been agreed.
3.4 Unless otherwise agreed for the individual payment methods, the payment claims from the contract concluded are due immediately.
3.5 If, contrary to expectations, a product ordered by the customer is not available despite the timely conclusion of a suitable substitute transaction, for reasons not attributable to the supplier, the customer will be informed without delay of the unavailability and, in the event of cancellation, any payments already made will be refunded without delay.
3.6 If the customer is a consumer, the risk of accidental loss and accidental deterioration of the goods sold on dispatch does not pass to the customer until the goods are handed over to them, regardless of whether the dispatch is insured or uninsured.
4. Payment, delivery
4.1 The purchase price becomes due upon conclusion of the contract. The purchase price comprises the purchase amount and the flat-rate carriage fee if charged.
4.2 Prepayment by Paypal or Klarna is possible.
4.3 We reserve the right not to offer certain payment methods for any order and to refer to alternative payment methods.
4.4 The payment process is as follows:
Procedure for advance payment
(1) In your confirmation e-mail, you will receive our bank details and the order number.
(2) Please transfer the invoice amount stating the order number to our following account:
DARCO (Europe) GmbH
Bank: Hypo Vereinsbank Garmisch
IBAN: DE48 7032 1194 0351 7071 00
SWIFT-BIC: HYVEDEMM466
Any bank transfer costs and charges are to be borne by the ordering party.
Payment process via PayPal
(1) If you choose to pay with the Paypal online payment system, you will be forwarded straight to Paypal. A PayPal account is required for payment. You can also open this account during the order process if necessary.
(2) Your PayPal account will be charged upon completion of the order.
(3) You can find further information about Paypal at: www.paypal.de
Payment process via Klarna
(1)If you select payment with the Klarna online payment system, you will be forwarded directly to Klarna. A Klarna account is required for payment. You can also open this account during the order process if necessary.
(2) Your Klarna account will be charged upon completion of the order.
(3) You can find further information about Klarna at: www.klarna.com/de
Payment process via credit card
(1) We accept the following credit cards: Mastercard or VISA.
(2) When paying by credit card, you must provide us with the name of the cardholder, the card number, the card verification number and the expiry date of the credit card.
(3) When paying by credit card, the amount to be paid will be debited to your credit card account immediately. Once the invoice amount has been reserved on your credit card account, we can process your order immediately after you place it.
(4) Credit notes from returns will be credited back to your credit card.
4.5 In the case of advance payment, the goods will be dispatched after receipt of payment. In the case of payment by credit card, Paypal and Klarna, dispatch takes place after the invoice amount has been reserved by the respective partner companies.
4.6 The goods are dispatched by DHL. Delivery takes place in Germany within 1-2 working days, to Austria within 2-4 working days, in either case after receipt of payment from the transferring bank (prepayment) or after conclusion of the contract. You can find further information here.
4.7 We will specify any differing delivery times on the respective product page. Commencement of the delivery period we specify assumes the timely and proper fulfilment of the customer’s obligations, in particular specification of the correct delivery address in the order.
5. Offsetting, right of retention, retention of title
5.1 The customer is only entitled to offset if their counterclaims have been legally established or are undisputed.
5.2 The customer may only exercise a right of retention if the claims arise from the same contractual relationship.
5.3 The goods remain the property of the supplier until the purchase price has been paid in full.
6. Liability
6.1 The supplier is fully liable for damages resulting from injury to life, body or health, insofar as they fraudulently conceal a defect or they have assumed a guarantee for the quality of the purchased item, in all cases of intent and gross negligence, for damages under the German product liability act (ProdHaftG), or as otherwise legally required.
6.2 Insofar as essential contractual obligations are affected, the breach of which jeopardises achievement of the purpose of the contract, the provider’s liability in the event of slight negligence is limited to the foreseeable damage typical of the contract.
6.3 In the event of a breach of non-essential contractual obligations, liability for slight negligent breaches of duty is excluded.
6.4 According to the current state of technology, data communication over the Internet cannot be guaranteed to be error-free and/or available at all times. The supplier is not liable for consistent or uninterrupted availability, nor for the lack of functionality of the website.
7. Warranty
The statutory warranty regulations apply to our products.
8. Choice of law, place of fulfilment, place of jurisdiction
8.1 German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law only applies to the extent that the protection granted by mandatory provisions of the law of the state of the consumer’s habitual residence is not withdrawn (principle of favourability).
8.2 The place of fulfilment for all services arising from the business relationship with the provider and the place of jurisdiction is the registered office of the provider, insofar as the customer is not a consumer but a merchant, a legal entity under public law, or a special fund under public law. The same applies if the customer does not have a general place of jurisdiction in Germany or the EU, or if the customer’s domicile or place of usual residence is not known at the time the action is brought. The right to also bring an action before a court at another statutory place of jurisdiction remains unaffected by this.
9. Consumer arbitration procedure
DARCO (Europe) GmbH does not participate in the consumer arbitration procedure under the German consumer dispute resolution act (VSBG).