Conditions of Use
§ 1 General Information
(1) Contractual performances and offers of the Crème International Spain SLU are carried out exclusively in accordance with the following terms and conditions. Every contracting partner agrees on bearing them in mind when making an agreement with Crème International Spain SLU.
(2) Any additional, complementary and differing terms and conditions shall not become an element of an agreement, unless their validity has been expressly agreed upon in writing on the part of Crème International Spain SLU.
(3) The general terms and conditions of a contracting partner are never valid for an agreement between Crème International Spain SLU and the corresponding contracting partner. Crème International Spain SLU does not need to expressly disagree to the terms and conditions of the contracting partner.
§ 2 Conclusion of an Agreement
(1) All offers from Crème International Spain SLU are not binding.
When ordering our goods, the customer declares bindingly that she/he wishes to acquire the ordered goods.
(2) Crème International Spain SLU is entitled to accept the offer of a contracting partner within two weeks following its receipt. Crème International Spain SLU can declare the acceptance of the offer within the time expressed in writing via post (Créme International SLU, 7 Plaza Bonsuccess, 08001 Barcelona, Spain) or e-mail (info@gotcreme.com) or by delivering the goods to the customer. The sending of the confirmation or goods within the time expressed will be adequate.
§ 3 Subject of the Contract
(1) The subject of the contract concerns only the goods which are explicitly confirmed or sent by Crème International Spain SLU after the order of the contracting partner.
(2) Drawings, illustrations and product descriptions are not binding. Misspellings, changes in design, and technical modifications can exist without assigning any rights to the contracting partner. The goods can only be declared as not according to the contract when they differ from the product description in more than a minor or inessential way.
§ 4 Terms of Payment and Delivery
(1) The delivery of the goods as per agreement is effected after the period of two weeks for possible cancellation as described in § 5.
(2) All given prices are in euros and include VAT.
(3) The minimum order value amounts to 10 euros.
(4) Crème International Spain SLU exclusively delivers goods against prepayment (credit card or cash in advance).
(5) The contracting partner has the option to pay via transfer (including indication of customer number) or credit card after receiving a confirmation of the order.
(6) Crème International Spain SLU does not charge forwarding expenses.
(7) Crème International Spain SLU can carry out deliveries by instalments as long as they conduce to the settlement of the contract and can be reasonably imposed to the contracting partner.
(8) The contracting partner cannot pass on a claim from Crème International Spain SLU, unless expressly agreed upon in writing on the part of Crème International Spain SLU.
(9) Special offers are only delivered in budgetary units, namely maximum 5 pieces per colour and article.
§ 5 Reservation of Property Rights
Goods that are subject to an agreement remain the property of Crème International Spain SLU until they are fully paid for.
§ 6 Warranty
(1) Goods are under warranty for 2 years from the date of delivery.
(2) When querying an order it is the duty of the customer to prove the date of purchase with the invoice. The article of complaint needs to be sent together with a copy of the invoice to Crème International Spain SLU.
(3) In case of defect goods that are subject to an agreement, Crème International Spain SLU offers rectification or replacement depending firstly on the choice of the contracting partner.
(4) Crème International Spain SLU has the right to refuse the supplementary performance chosen by the contracting partner if it is connected with unreasonably high costs and can accomplish the other possibility as long as it does not lead to considerable disadvantages for the contracting partner.
(5) Crème International Spain SLU has the right to carry out a rectification twice in each case within three weeks counted from the day of reporting the defect.
(6) If the supplementary performance fails, the contracting partner has the right to demand either a lowering of the payment (reduction) or the cancellation of the agreement (withdrawal).
If the defect is minor, the contracting partner may not withdraw from the contract.
(7) To accomplish any warranty claims it is the duty of the contracting partner to control the goods immediately after arrival. Transport damages and apparent defects have to be reported to Crème International Spain SLU within one week. To meet the deadline, timely mailing shall suffice.
(8) Warranty does not cover normal deterioration and abrasion through use. If service and maintenance manuals of Crème International Spain SLU are not followed, changes to the products are made, accessory parts are assembled inappropriately, parts are changed or care products are used that do not comply with the high quality standards of Crème International Spain SLU, any warranty is inapplicable.
(9) The contracting partner is only provided with warranties according to law when assigned explicitly and in writing by Crème International Spain SLU.
§ 7 Liability
(1) If the main duties of a contract are breached in a slightly negligent way, the liability of Crème International Spain SLU is limited to the average detriment that is foreseeable, typical and imminent depending on the kind of goods. This also applies to slightly negligent breaches of duties from the part of legal representatives or vicarious agents of Crème International Spain SLU.
(2) For the rest, Crème International Spain SLU is liable according to the legal regulations if the contracting partner exercises claims for damages that are based on intent or gross negligence, including intent or gross negligence of representatives or vicarious agents. As long as the breach of duties from the part of Crème International Spain SLU was not deliberate, its liability is limited to the average detriment that is foreseeable, typical and imminent depending on the kind of goods.
(3) The above mentioned limitations of liability are not applicable for damages by loss of life, bodily harm or injury to health.
§ 8 Data Protection
To process orders, Crème International Spain SLU saves personal data of the contracting partner and for this purpose might pass them on to third parties. All personal data is kept in confidence.
§ 9 Final Clause
Should single provisions of a contract between Crème International Spain SLU and a contracting partner, including the general terms and conditions, be ineffective or become completely or in parts ineffective, then this does not affect the effectiveness of the rest of the provisions. In such a case the invalid provision has to be replaced by a legally valid one that comes closest to the economic value of the invalid provision. The regulations by law remain valid when not covered or complemented in the General Terms and Conditions.
The German version of these General Terms and Condition are binding for the contract. The foregoing shall apply regardless of whether a translation of the General Terms and Conditions into another language was used in addition to the German language version.
