Terms & Conditions

General Terms and Conditions for Carly Solutions GmbH & Co KG

Validity with regard to Contractors and Definitions of Terms

(1) The following General Terms and Conditions shall apply to all deliveries between us and a consumer in the version that is valid at the time an order is placed.

A consumer is any individual that concludes a legal transaction for purposes that cannot be predominantly imputed to either their commercial or independent professional occupation (§ 13 German Civil Code).

Conclusion of an Agreement, Retention of the Wording of the Agreement

(1) The following provisions on the conclusion of the agreement shall apply to orders placed through our online shop http://www.mycarly.com.

(2) In the case of conclusion of an agreement, the agreement shall be concluded with

Carly Solutions GmbH & Co KG

Kolpingring 8

82041 Oberhaching

Germany

Registration number: HRA108068

Registration Court: Munich

(3) The presentation of products in our online shop does not represent a legally binding offer of an agreement on our part, rather it is merely a non-binding invitation to the consumer to order products. Upon ordering the desired products, the consumer issues a binding offer to conclude a purchase agreement.

(4) Upon receipt of an order in our online shop, the following provisions shall apply:

The consumer issues a binding offer to conclude an agreement by successfully completing the order procedure as intended in our online shop.

(1) The following provisions on the conclusion of the agreement shall apply to orders placed through our online shop http://www.mycarly.com.

(2) In the case of conclusion of an agreement, the agreement shall be concluded with

The order is placed according to the following steps:

1) Choosing the desired product

2) Confirming this by clicking the 'Order' button

3) Checking the details in the shopping cart

4) Clicking the 'Checkout' button

5) Registration in the online shop after registering and entering the registrant’s details (e-mail address and password).

6) Repeated checking or correction of the respective data entered.

7) Binding submission of the order by clicking the 'Place order subject to fee' or 'Buy' button

Before the binding submission of the order, by clicking the 'Back' button in the Internet browser after checking the details entered, the consumer may return to the internet page on which the customer’s details are recorded and correct errors in the entries or terminate the order process by closing the Internet browser.

We immediately confirm receipt of the order by way of an automatically generated e-mail (order confirmation). We thereby accept your offer.

(5) Retention of the wording of the agreement when placing orders through our online shop: We will send you the order data and our General Terms and Conditions by e-mail. You may also review the General Terms and Conditions at any time under https://www.mycarly.com/agb-english/.

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Nature and Scope of the Agreement

(1) The following conditions shall apply for delivery of hardware and software, as well as for the use of software developed by Carly Solutions GmbH & Co KG.

(2) Changes in service and other differing or supplementary agreements – particularly also in the case of contradictory terms and conditions – shall require written consent from Carly Solutions GmbH & Co KG.

Prices, Shipping Expenses, Payment, Due Date

(1) The stated prices include the statutory sales tax and other price components. Any shipping costs are not included.

(2) The customer may pay for the hardware in advance, by direct debit, PayPal, credit card (Visa, Mastercard).

(3) If the customer has chosen payment in advance, they are the agreement.

(4) The customer must purchase the software, separately from the hardware, from the app stores Google (Google PlayStore) or Apple (Apple AppStore). The forms of payment for such are established by the Google and Apple app stores.

(5) All countries outside the EU are subject to country-specific customs fees

§4.1 Delivery Dates / Execution of the Agreement

(1) Provided we did not expressly state otherwise in the product description, all products we offer are immediately available for delivery.

Products will be delivered within 5 workdays at the latest.

In the case of advance payment, the deadline for delivery begins on the day after payment is authorized by the bank; in the case of all other types of payment, it begins on the day after conclusion of the agreement.

If the delivery deadline falls on a Saturday, Sunday or an official holiday in the delivery location, the deadline shall end on the next workday.

(2) If failure to meet deadlines is attributed to unforeseen obstacles over which Carly Solutions GmbH & Co KG has no control, the delivery deadlines shall be extended accordingly.

(3) Carly Solutions GmbH & Co KG is only obligated to deliver hardware after a binding agreement has been concluded with the consumer.

(4) Carly Solutions GmbH & Co KG has the right to render the services to which it has committed in partial deliveries.

(5) Carly Solutions GmbH & Co KG has the right to fulfill the agreement through third parties.

(6) Carly Solutions GmbH & Co KG fully consigns the risk to the purchaser upon shipment of the products.

Retention of Title

(1) Carly Solutions GmbH & Co KG reserves the right of ownership of the delivered products until the purchase price has been paid in full. If the consumer installs the products in third party products, Carly Solutions GmbH & Co KG becomes co-owner of the newly designed devices and products in relation to the value of their products to the collectively-used, third-party products.

(2) If the customer’s conduct breaches the agreement, in particular regarding delay in payment, Carly Solutions GmbH & Co KG has the right to take back the products and the consumer is obligated to surrender them; this shall not constitute withdrawal from the agreement.

(3) If third parties access the products, the consumer must immediately inform Carly Solutions GmbH & Co KG.

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Right of the customer to cancel as a consumer:

Right to cancel for consumers

The consumer is generally entitled to a statutory fourteen-day right to cancel in the case of distance contracts. According to Sec. 13 German Civil Code (BGB), a consumer is any natural person who concludes a legal transaction which cannot primarily be attributed to their commercial or self-employed professional activity. If you are not acting as a consumer when concluding a legal transaction, you have no right to cancel.

Right to cancel

You have the right to cancel this agreement within fourteen days without providing a reason. The cancellation deadline is fourteen days from the date you, or a third-party named by you, other than the carrier, received possession of the goods. In order to exercise your right to cancel, you need to notify

Carly Solutions GmbH & Co KG

Kolpingring 8

82041 Oberhaching

Germany

E-mail: shop@mycarly.com

of your decision to cancel this agreement by making a clear statement (e.g. a letter sent by post, fax or email). If you wish, you can also use the enclosed cancellation form template, although it is not obligatory.

In order to comply with the cancellation deadline, it suffices to send notification of your wish to exercise your right to cancel prior to expiry of the cancellation deadline.

Effects of cancellation

If you cancel this agreement, we are obliged reimburse all payments we have received from you, including shipping costs (with the exception of additional costs arising from your choice of a different method of shipping than the lowest cost standard shipping we offer), with repayment taking place immediately, or no later than fourteen days from the date on which we received your notification to cancel the agreement with us.

To make the repayment, we will use the same method of payment you used for the original transaction, unless expressly agreed otherwise with you; in no way will you be charged any fees for this repayment.

We may withhold repayment until we have received the goods to be returned, or you can demonstrate you have returned the goods, whichever is earliest.

You have to return or hand over the goods immediately and, in all events, no later than fourteen days from the date you inform us of your wish to cancel this agreement. The deadline is deemed to have been met if you send the goods prior to expiry of the fourteen day deadline.

You bear the direct cost of returning the goods.

Effects of cancellation

Pursuant to Section 356 (5) German Civil Code (BGB), your right of cancellation will expire if Carly has started to execute the agreement after you have

  • expressly consented to us starting to execute the agreement before the expiry of the cancellation deadline and
  • you have confirmed that you were aware that your consent would result in you losing your right to cancel upon execution of the agreement being commenced.
  • The agreement commences with the provision or the possibility of using the full version of the software.

End of the Instructions on Revocation

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Revocation form

Sample Revocation Form

To:

(If you wish to revoke the agreement, please fill out this form and return it to us.)

Carly Solutions GmbH & Co KG

Kolpingring 8

82041 Oberhaching

Germany

E-mail: shop@mycarly.com

I/we(*) hereby revoke the agreement I/we(*) concluded regarding the purchase of the following products (*)/performance of the following service (*)

___________________________________

Ordered on (*)/received on (*)

___________________________________

Consumer name

___________________________________

Consumer address

___________________________________

Consumer signature (only if notification is in written form)

___________________________________

Date

___________________________________

(*) Delete inapplicable statement.

Warranty

(1) Carly Solutions GmbH & Co KG warrants that the products are free of material and manufacturing defects as of the time of transfer of risk. Carly Solutions GmbH & Co KG is obligated to repair or replace defective products at its discretion.

(2) Carly Solutions GmbH & Co KG also warrants that the software conforms to the descriptions in the respective app store (Apple App Store/ Google PlayStore), as well as that it was created with the required care and expertise. Nevertheless, according to the current state of the art, it is not possible to completely exclude software defects. The consumer bears responsibility for the usage of the software functions, as well as the results achieved thereby.

Carly Solutions GmbH & Co KG shall rectify software defects that affect the usage in accordance with the agreement in more than minor ways. At the option of Carly Solutions GmbH & Co KG, this may be done by delivering an improved version of the software, by providing tips to eliminate or circumvent the effects of the defect.

(3) In case the repair or substitute delivery fails, the consumer has the right to request reduction of the purchase price or compensation for software or to withdraw from the agreement.

(4) The consumer shall allow Carly Solutions GmbH & Co KG the necessary time and opportunity to make any possible rectification of defects. If the consumer denies this, Carly Solutions GmbH & Co KG shall be released from the warranty. A warranty claim shall also be inapplicable if a possible defect is due to the consumer’s or a third party’s changes, improper usage or repairs, or if the products were not installed, operated or maintained in accordance with Carly Solutions GmbH & Co KG’s recommended instructions.

Other liability of Carly Solutions GmbH & Co KG / Exclusion of Liability

Claims for damages from Carly Solutions GmbH & Co KG are excluded, regardless of legal grounds (e.g. warranty, positive breach of agreement, breach of secondary contractual obligations, non-contractual liability), in particular also for indirect and consequential damages.

Language of the Agreement

Als Vertragssprache steht ausschließlich Deutsch zur Verfügung.

Copyrights / Intellectual Property

Carly Solutions GmbH & Co KG shall retain the copyrights and intellectual property rights. They may not be stolen or amended and have no time limitation.

App-Software

(1) The use of software delivered by Carly Solutions GmbH & Co KG assumes the following terms of use. If applicable, the customer must confirm in writing the relevant validity of and compliance with the terms and conditions of the software manufacturer.

(2) With the app software provided by Carly Solutions GmbH & Co KG and purchased by the consumer, the consumer is granted a non-transferable right to use for internal use on a Google/Apple account. Carly Solutions GmbH & Co KG retains all other rights (rights of ownership and patent rights) to the software and the documentation. The customer must ensure that this software and documentation are not accessible to third parties without previous written consent from Carly Solutions GmbH & Co KG.

(3) No copies may be made.

Final provisions

(1) If individual provisions of this agreement are invalid, this shall not affect the remaining content of the agreement.

(2) Place of jurisdiction for the business relationships on which these provisions are based:

Carly Solutions GmbH & Co KG

Kolpingring 8

82041 Oberhaching

Germany

Registration number: HRA108068

Registration Court: Munich

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Customer service

You may contact our customer service department for questions, complaints and objections on workdays from 8:30 to 17:30 at

e-mail: shop@mycarly.com

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Germany

Registration number: HRA108068

Registration Court: Munich

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Data privacy

You may review our current data privacy provisions here.

General Terms and Conditions as of February 2021