General terms and conditions of business
General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Fundamental Provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Curry Wolf Berlin GmbH) via the website https://shop.curry-wolf.de/. Unless otherwise agreed, the inclusion of any terms and conditions that you may use is hereby objected to.
(2) A consumer, for the purposes of the following provisions, is any natural person who enters into a legal transaction for purposes that predominantly are outside the scope of their commercial or independent professional activities. An entrepreneur is any natural or legal person or a partnership with legal capacity who acts in the exercise of their independent professional or commercial activities when entering into a legal transaction.
§ 2 Formation of the Contract
(1) The subject of the contract is the sale of goods.
(2) By listing the respective product on our website, we are making you a binding offer to enter into a contract through the online shopping cart system under the conditions specified in the product description.
(3) The contract is concluded via the online shopping cart system as follows: The goods intended for purchase are placed in the "shopping cart". You can access the "shopping cart" at any time via the corresponding button in the navigation bar and make changes there. After clicking the "Checkout" or "Proceed to Order" button (or a similar designation) and entering personal data as well as payment and shipping details, you will finally be shown an order summary with your order details.
If you choose an instant payment method (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay), you will either be directed to the order summary page in our online shop or redirected to the provider's website of the instant payment system. If there is a redirection to the respective instant payment system, you will make the appropriate selection or enter your data there. Finally, the order details will be displayed to you as an order summary on the provider's website of the instant payment system, or after you have been redirected back to our online shop.
Before submitting the order, you have the opportunity to review the information in the order summary again, make changes (also using the "back" function of the internet browser), or cancel the order.
By submitting the order using the corresponding button ("order with obligation to pay", "buy" / "buy now", "order with costs", "pay" / "pay now" or similar designation) you legally declare the acceptance of the offer, which concludes the contract.
(4) Your inquiries for a quotation are non-binding for you. We will provide you with a binding offer in text form (e.g., via email), which you can accept within 5 days (unless a different period is specified in the respective offer).
(5) The processing of the order and the transmission of all information necessary in connection with the conclusion of the contract are carried out via email, partly automated. Therefore, you must ensure that the email address you have provided us is correct, that the receipt of emails is technically ensured, and in particular that it is not prevented by SPAM filters.
§ 3 Special Agreements on Offered Payment Methods
(1) Payment via Klarna In collaboration with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna:
- Invoice: The payment term is 30 days from the dispatch of the goods/ticket, or, for other services, the provision of the service. The complete invoice conditions for the countries where this payment method is available can be found here: Germany, Austria.
- Immediate transfer: Available in Germany and Austria. Your account will be charged immediately after placing the order.
- Direct debit: The amount will be debited after the goods have been dispatched. You will be notified of the timing by email.
- Credit card (Visa/Mastercard): Available in Germany and Austria. The charge will be made after the goods or tickets have been dispatched, or when the service becomes available, or in the case of a subscription, according to the communicated times.
The use of the payment methods invoice and/or installment purchase and/or direct debit requires a positive credit check. Therefore, we forward your data to Klarna for the purpose of address and credit verification as part of the initiation of the purchase and the processing of the purchase contract. Please understand that we can only offer you those payment methods that are permissible based on the results of the credit check.
For more information and Klarna's terms of use, please click here. General information about Klarna can be found here. Your personal data will be processed by Klarna in accordance with applicable data protection laws and as described in Klarna's privacy policy.
You can find more information about Klarna here. The Klarna App can be found here.
(2) SEPA Direct Debit
By choosing to pay via SEPA Direct Debit, you authorize us by issuing a corresponding SEPA mandate to collect the invoice amount from the specified account.
The direct debit will be collected within 14 days after the conclusion of the contract.
The deadline for the transmission of the advance notice (Pre-Notification) is reduced to 5 days before the due date. You are obliged to ensure sufficient funds in the account on the due date. In the event of a chargeback due to your fault, you are responsible for the resulting bank fee.
(3) Payment via "PayPal" / "PayPal Checkout"
When selecting a payment method offered via "PayPal" / "PayPal Checkout", the payment processing is carried out by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The various payment methods via "PayPal" are displayed to you on our website under a correspondingly labeled button and during the online ordering process. For payment processing, "PayPal" may use other payment services; to the extent that special terms and conditions apply to these services, you will be separately informed. For more information about "PayPal", please visit https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
(4) Payment via "Stripe"
When selecting a payment method offered through "Stripe", the payment processing will be conducted by the payment service provider Stripe Payments Europe Limited (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland; "Stripe"). The individual payment methods via "Stripe" will be displayed to you under a correspondingly labeled button on our website as well as during the online ordering process. For payment processing, "Stripe" may use additional payment services; to the extent that special terms and conditions apply to these services, you will be separately informed. For more information about "Stripe", please visit https://stripe.com/de.
§ 4 Right of Retention
, Retention of Title
(1) You may only exercise a right of retention insofar as it pertains to claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following additional conditions apply:
a) We retain ownership of the goods until all claims arising from the current business relationship have been fully settled. Pledging or security transfer of the reserved goods is not permitted prior to the transfer of ownership.
b) You are authorized to resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims equal to the invoice amount that arise from the resale; we accept this assignment. You are also authorized to collect the claim. However, should you fail to meet your payment obligations properly, we reserve the right to collect the claim ourselves.
c) In the event of combining or mixing the reserved goods, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.
d) We commit to releasing the collateral entitled to us to the extent that the realizable value of our securities exceeds the secured claim by more than 10%. The choice of securities to be released is at our discretion.
§ 5 Warranty
(1) The statutory warranty rights apply.
(2) As a consumer, you are requested to immediately check the goods upon delivery for completeness, obvious defects, and transport damage, and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this will have no impact on your statutory warranty claims.
(3) To the extent that a characteristic of the goods deviates from the objective requirements, the deviation is only considered as agreed upon if you were informed by us about it before the declaration of contract was made and the deviation was explicitly and separately agreed upon between the contracting parties.
(4) Insofar as you are an entrepreneur, the following deviates from the aforementioned warranty regulations:
a) Only our own specifications and the manufacturer's product description are agreed upon as the condition of the goods, not other advertising, public endorsements, or the manufacturer's statements.
b) In the case of defects, we provide a warranty at our discretion either by repair or replacement. If the rectification fails, you can choose to demand a reduction in price or to withdraw from the contract. The rectification is considered to have failed after an unsuccessful second attempt, unless the nature of the goods or the defect or other circumstances dictate otherwise. In the case of repair, we are not obliged to bear the increased costs incurred by transporting the goods to a location other than the place of performance, provided that the transport does not correspond to the intended use of the goods.
c) The warranty period is one year from the delivery of the goods. The reduction of the period does not apply:
- for damages caused by culpable conduct attributable to us arising from injury to life, body or health and in the case of other damages caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a warranty for the condition of the item;
- for items that have been used in accordance with their usual purpose for a building and have caused its defectiveness;
- for statutory recourse claims that you have against us in connection with rights to defects.
§ 6 Choice of Law, Place of Fulfillment, Jurisdiction
(1) German law shall apply. For consumers, this choice of law is only applicable to the extent that it does not deprive them of the protection afforded by the mandatory provisions of the law of the state in which the consumer has their habitual residence (principle of favorability).
(2) The place of performance for all services arising from the business relationships with us, as well as the jurisdiction, is our registered office, provided you are not a consumer but a merchant, a legal entity under public law, or a special fund under public law. The same applies if you do not have a general jurisdiction in Germany or the EU, or if your residence or habitual abode is not known at the time the action is brought. The right to call upon the court at another legal jurisdiction remains unaffected.
(3) The provisions of the UN Sales Law shall expressly not apply.
§ 7 Protection of Minors
(1) When selling goods subject to the regulations of the Youth Protection Act, we only enter into contractual relationships with customers who have reached the legally required minimum age. Existing age restrictions are indicated in the respective product description.
(2) By submitting your order, you affirm that you have reached the legally required minimum age and that your information regarding your name and address is correct. You are obligated to ensure that only you or those authorized by you to receive the delivery, who have reached the legally required minimum age, will take possession of the goods.
(3) To the extent that we are legally obligated to conduct an age verification, we instruct the logistics service provider tasked with delivery to only hand over the shipment to individuals who have reached the legally required minimum age, and in case of doubt, to ask for the ID card of the person receiving the goods for age verification.
(4) To the extent that we indicate in the respective product description, beyond the legally required minimum age, that you must have reached the age of 18 to purchase the goods, the foregoing paragraphs 1-3 shall apply with the provision that instead of the legally required minimum age, the age of majority must be met.
II. Customer Information
1. Identity of the Seller
Curry Wolf Berlin LLC
Rankestrasse 36
10789 Berlin
Germany
Phone: 00493033937339
Email: info@curry-wolf.de
Alternative Dispute Resolution:
The European Commission provides a platform for online dispute resolution (ODR platform) accessible at https://ec.europa.eu/odr.
2. Information on the formation of the contract
The technical steps leading up to the conclusion of the contract, the conclusion of the contract itself, and the options for correction are carried out in accordance with the provisions of "Formation of the Contract" in our General Terms and Conditions (Part I).
3. Contract Language, Storage of Contract Text
3.1. The contract language is German.
3.2. The complete contract text is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed out using the browser's print function or saved electronically. After we receive the order, the order data, the legally required information for distance contracts, and the General Terms and Conditions will be sent to you again by email.
3.3. When requesting a quote outside of the online shopping cart system, you will receive all contract details as part of a binding offer in text form, for example via email, which you can print out or save electronically.
4. Codes of Conduct
We have been certified by Trusted Shops, which can be viewed at:
To the certificate
5. Key features of the product or service
The essential characteristics of the goods and/or service can be found in the respective offer.
6. Prices and Payment Methods
6.1. The prices listed in the respective offers and the shipping costs represent total prices. They include all price components including all applicable taxes.
6.2. The shipping costs are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, are separately listed during the ordering process, and must be borne by you in addition, unless free shipping has been promised.
6.3. If delivery is made to countries outside the European Union, additional costs not attributable to us may be incurred, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of the credit institutions), which are to be borne by you.
6.4. Costs incurred for the money transfer (transfer or exchange rate fees charged by the credit institutions) must be borne by you in cases where the delivery is made to an EU member state but the payment was initiated outside of the European Union.
6.5. The payment methods available to you are indicated under a correspondingly labeled button on our website or in the respective offer.
6.6. Unless otherwise specified for individual payment methods, payment claims arising from the concluded contract are due for payment immediately.
7. Terms of Delivery
7.1. The delivery conditions, delivery date, and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.
7.2. Insofar as you are a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the sold goods during shipment is transferred to you only upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company or a person otherwise designated to carry out the shipment that is not specified by the entrepreneur.
If you are an entrepreneur, the delivery and dispatch are at your risk.
8. Legal warranty rights
The liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
last update: 07/07/2023