Terms and Conditions for consumers

General Terms and Conditions of DINO-CARS and TRAMPOLINE Online Shop for Consumers
(As of June 2024)

§ 1 Scope

§ 2 Conclusion of contract / Language of Contract / Storage of Contract Text

§ 3 Right of Withdrawal / Exclusion of the Right of Withdrawal

§ 4 Delivery Costs / Delivery Time / Availabilty

§ 5 Prices and Payment Methods

§ 6 Retention of Title

§ 7 Warranty

§ 8 Liability

§ 9 Transport Damage

§ 10 Applicable Law

§ 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 through our online shop. In addition to the provisions of these GTC, the statutory provisions apply.

(2) Deviating, conflicting, or supplementary GTC of the customer only become part of the contract if we explicitly agree to their applicability.

§ 2 Conclusion of Contract / Language of Contract / Storage of Contract Text

(1) The presentation or promotion 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 pressing the button "place order with payment obligation" or other corresponding buttons clearly marked for this purpose. The order constitutes a legally binding offer, to which the customer is bound for 7 calendar days. Any right of withdrawal pursuant to § 3 remains unaffected by this.

(3) After receiving the order, we will immediately confirm receipt of the order by email. The order confirmation does not constitute acceptance of the contract offer unless acceptance is also declared.

(4) A contract between us and the customer is concluded by declaration of acceptance via email or by delivery of the ordered goods.

(5) The customer may only use the German language for concluding the contract.

(6) Before submitting the binding order in the online shop, the contract text can be saved. We also store the contract text of the contract concluded with the customer. Additionally, the customer will be sent the contractual terms including information about the ordered goods, these GTC, and the withdrawal instruction via email.

§ 3 Right of Withdrawal / Exclusion of the Right of Withdrawal

If the customer concludes the purchase contract for purposes which cannot predominantly be attributed to their commercial or independent professional activity ("consumer"), they have the following right of withdrawal:

Right of Withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period is 14 days from the day you or a third party named by you, who is not the carrier, takes possession of the goods. To exercise your right of withdrawal, you must inform us:

DINO-CARS Evers GmbH
Dorfstrasse 63
26899 Rhede Brual
Phone: +49 (0) 4964 - 60 49 00
Fax: +49 (0) 4964 - 91 43 20
Email: info@dinocars.de

of your decision to withdraw from this contract by means of an unequivocal statement (e.g., a letter sent by post, fax, or email). You may use the attached model withdrawal form, but it is not mandatory.

To comply with the withdrawal period, it is sufficient that you send the notification of exercising your right of withdrawal before the withdrawal period expires.

Consequences of Withdrawal

If you withdraw from this contract, we will reimburse you all payments we have received from you, including the delivery costs (except for the additional costs arising from your choice of a delivery method other than the least expensive standard delivery offered by us), without undue delay and no later than 14 days from the day we receive your notice of withdrawal from this contract. For this reimbursement, we will use the same payment method that you used for the original transaction, unless expressly agreed otherwise; in no event will you be charged any fees for this reimbursement. We may withhold the reimbursement until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return the goods without undue delay and in any event within 14 days from the day you inform us of your withdrawal from this contract. The deadline is met if you send the goods before the period of 14 days expires.
You bear the direct costs of returning the goods.

You will only be liable for any loss in value of the goods if this loss in value is due to handling the goods in a way that was not necessary to examine their condition, characteristics, and functioning.

Exclusion of the Right of Withdrawal

The right of withdrawal does not apply to contracts for the delivery of goods that are not pre-manufactured and for which the production is based on an individual selection or specification by the consumer, 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 withdrawal, the customer bears the direct costs of returning the goods.

(2) For delivery within Germany, we charge according to the following tiered pricing:

Order value ≤ 300.00 EUR: 8.50 EUR freight

Order value > 300.00 EUR: free delivery

(3) In the case of payment by cash on delivery, an additional fee of 20.00 EUR is charged, which the delivery person collects on-site. No additional taxes or costs 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 with the conclusion of the contract.

(5) Partial deliveries are allowed as long as they are reasonable for the customer, with any additional shipping costs being borne by the seller.

(6) If the goods are not available at the time of the order, we will inform the customer immediately. If the product is permanently unavailable, we will not accept the customer's contract offer, and no contract will be concluded. If the goods are temporarily unavailable, we will also inform the customer immediately.

(7) The seller is entitled to withdraw from the contract if, despite having concluded a corresponding purchase contract, they are not supplied with the goods through no fault of their own. The seller will inform the customer immediately of the non-availability of the goods and, if they wish to withdraw, exercise their right of withdrawal without delay. The buyer also has the right to withdraw following the seller’s notification. In the event of withdrawal, the seller will promptly reimburse the buyer for any payments made.

General terms and conditions for entrepreneurs

General Terms and Conditions of DINO-CARS and TRAMPOLINE Online Shop for Entrepreneurs
(As of June 2024)

§ 1 Scope / General Provision

§ 2 Conclusion of Contract / Language of Contract / Storage of Contract Test

§ 3 Delivery Times / Delay

§ 4 Delivery / Risk Transfer / Acceptance / Default in Acceptance

§ 5 Prices / Payment Terms

§ 6 Retention of Title

§ 7 Warranty

§ 8 Liability

§ 9 Limitation

§ 10 Final Provisions

§ 1 Scope / General Provisions

(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 acting in the course of their commercial or independent professional activity (entrepreneurs) via our online shop. In addition to these GTC, the statutory provisions apply.

(2) The use of our online offer is only possible for registered entrepreneurs. By registering, the entrepreneur agrees to these terms and conditions.

(3) Deviating, conflicting, or supplementary terms and conditions of the customer become part of the contract only if we have expressly agreed to their validity.

(4) Legal declarations and notices that the customer makes to us after the conclusion of the contract (e.g., deadlines, defect notices, 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 via email. If the customer does not object to a change within 4 weeks after receiving the change notification, the changes are considered accepted. We will specifically inform the customer about the legal consequences of silence at the start of the deadline.

§ 2 Conclusion of Contract / Language of Contract / Storage of Contract Text

(1) The presentation or advertising of goods in our online shop does not constitute a binding offer for the conclusion of a purchase contract.

(2) In the online shop, the customer's order is sent to us after pressing the "order with obligation to pay" button or a similarly clearly labeled button. The order constitutes a legally binding offer, to which the customer is bound for 14 calendar days.

(3) Upon receipt of the order, we immediately confirm receipt to the customer by email. The order confirmation does not constitute acceptance of the contract offer unless acceptance is declared simultaneously.

(4) A contract between us and the customer is concluded through an acceptance declaration by email or by delivery of the ordered goods.

(5) The contract can only be concluded in the German language.

(6) Before submitting a binding order in the online shop, the option to save the contract text is available. We also store the contract text of the agreement with the customer. Additionally, the customer will be sent the terms of the contract along with details of the ordered goods, including these GTC.

§ 3 Delivery Times / Delay

(1) Delivery times or delivery dates are generally non-binding unless otherwise agreed.

(2) Our delivery and performance obligations are subject to correct and timely self-delivery.

(3) If delivery is delayed due to circumstances of force majeure, especially in cases of strikes or lawful lockouts, or any other unforeseen circumstances beyond our control (non-availability of performance), the delivery time will be extended accordingly. This also applies if such circumstances occur with our suppliers. The customer will be informed immediately about the start and end of such hindrances.

If the goods are still unavailable after the new delivery period, we are entitled to withdraw from the contract, either in whole or in part. Any performance already provided by the customer will be refunded immediately.

(4) The customer's right to withdraw from the contract after setting a reasonable period or to claim damages for non-performance according to § 8 remains unaffected. Our statutory rights, especially those regarding exclusion from performance obligations (e.g., due to impossibility or unreasonableness of performance and/or supplementary performance), remain unaffected.

§ 4 Delivery / Risk Transfer / Acceptance / Default in Acceptance

(1) Unless otherwise agreed, deliveries are EXW from our warehouse (Incoterms 2020). The fulfillment location for delivery and any subsequent performance is also at our warehouse. Upon the customer's request and at their expense, goods will be shipped to another destination (shipment sale). Unless otherwise specified, we are entitled to determine the mode of shipment (including transport company, shipping route, packaging).

(2) Partial deliveries by us are permitted unless they are unreasonable for the customer. Unreasonableness is assumed, in particular, if the partial delivery would cause the customer significant additional effort or costs, if the partial delivery is not usable for the customer for the contractual purpose, or if the delivery of the remaining ordered goods is not ensured.

(3) If the goods are shipped at the customer's request, the risk passes to the customer upon loading onto the transport vehicle. If the transport is delayed due to reasons within the customer's sphere, the risk passes to the customer as soon as the goods are ready for shipment and we inform the customer accordingly.

(4) Loss or visible damage to the goods, as well as exceeding the delivery period, must be reported to the carrier upon delivery (§ 438 HGB). The customer must immediately provide a copy of this report to the supplier.

§ 5 Prices / Payment Terms

(1) The prices listed on the website in euros apply, including packaging but excluding the applicable VAT, other taxes, transport costs, customs duties, fees, and other public charges from our warehouse.

(2) The purchase price is due upon conclusion of the purchase contract.

(3) The purchase price and other costs (e.g., shipping costs, customs duties, etc.) are to be paid no later than 30 days after receipt of the goods and invoice. If the customer fails to pay within this period, they are in default. The purchase price is subject to the statutory default interest rate during the period of default. We reserve the right to claim further damages due to default. The claim for commercial default interest (§§ 352, 353 HGB) remains unaffected in relation to merchants.

(4) If payment is made within ten days after the invoice date, the customer will receive a 2% discount on the purchase price.

(5) In case of default in payment, the supplier is entitled to a lump sum of EUR 40.00. This lump sum is credited against any damage caused by legal costs.

(6) Payment by bill of exchange or check is only permitted with explicit agreement and is considered a security payment. Any costs related to the redemption of the bill of exchange or check are borne by the customer.

(7) The customer is only entitled to offset or withhold payments if their claim is acknowledged, undisputed, or legally established.

(8) The customer's creditworthiness is assumed upon order acceptance. If, after the conclusion of the contract, reasons are revealed that suggest insufficient creditworthiness, we may require advance payment or security, even if bills of exchange have been provided. If the customer does not comply, we reserve the right to withdraw from the contract.

§ 6 Retention of Title

(1) We retain ownership of the goods (hereinafter "retained goods") until all claims arising from the purchase contract and business relationship with the customer, including future claims, have been fulfilled.

(2) The customer is authorized to resell the retained goods in the normal course of business. Pledging or transferring ownership as security is prohibited. Any claims the customer has from the resale, including ancillary rights and potential claims against a credit insurer, are hereby assigned to us. We accept this assignment.

(3) We are obliged to release securities upon the customer's request to the extent that the realizable value of the securities exceeds the secured claims by more than 10%; we decide which securities are to be released.

(4) During the period of retention of title, the customer is prohibited from pledging or transferring the goods as security. In the event of seizure, confiscation, or other third-party interventions, the customer must inform us immediately. The resale of the delivered goods or new goods is only permitted to resellers in the ordinary course of business and only under the condition that the purchaser makes payment to the customer. The customer must also agree with the buyer that the buyer will acquire ownership only upon payment.

(5) In the event of the customer's breach of duty, particularly in case of payment default, we are entitled, without setting a deadline, to demand the return of the goods and/or withdraw from the contract after a deadline; the customer is obliged to return the goods.

§ 7 Warranty

(1) The customer's rights regarding material and legal defects are governed by the statutory provisions, unless otherwise specified below. The statutory provisions regarding final delivery of goods to a consumer (§§ 478, 479 BGB) remain unaffected.

(2) For contracts involving used goods, claims and rights due to defects in the delivery – regardless of the legal reason – are excluded. However, this does not apply in cases of legal defects under § 438 (1) No. 1 BGB (real property defects) or § 438 (1) No. 2 BGB (buildings, items for buildings). The excluded cases are subject to a limitation period of one year.

(3) Defect claims require that the customer has properly fulfilled their statutory obligation to inspect and report defects (§ 377 HGB).

(4) Supplementary performance is carried out by the seller either by repairing the defect or delivering defect-free goods. The seller's right to refuse supplementary performance under statutory conditions remains unaffected.

(5) Claims for damages or for the replacement of futile expenses due to defects are only possible in accordance with § 8 and are otherwise excluded.

§ 8 Liability

(1) We are liable to the customer according to statutory provisions for damages and expenses in cases of willful or grossly negligent injury to life, body, or health, fraudulent concealment of a defect, or a guarantee given by us, as well as under the Product Liability Act.

(2) We are also liable for the slight negligence violation of a major contractual obligation. Major contractual obligations are those whose fulfillment is necessary for the proper execution of the contract and on which the customer regularly relies. In these cases, the seller's liability is limited to foreseeable, typical damages.

(3) Otherwise, liability for damages and expenses – regardless of the legal basis – is excluded.

§ 9 Limitation

(1) Claims for material and legal defects expire within one year from delivery of the goods. If acceptance is agreed upon, the limitation period begins with the acceptance.

(2) For claims under the Product Liability Act or in cases of willful concealment, gross negligence, supplier regress under §§ 478, 479 BGB, legal defects under § 438 (1) No. 1, or when the goods are used for construction, the statutory limitation period applies.

§ 10 Final Provisions

(1) The contractual partners agree on the application of German law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) The place of performance is the seller's registered office.

(3) If the customer is a merchant according to the German Commercial Code (HGB), a legal entity under public law, or a public law special fund, the exclusive – even international – jurisdiction for all disputes arising directly or indirectly from the contractual relationship is the location of our branch office.