General terms and conditions of the
Carly Solutions GmbH & Co.
Scope of Application
(1) These general terms and conditions ("GTC") apply to all contracts concluded between us,
Carly Solutions GmbH & Co KG, Kolpingring 8, 82041 Oberhaching, Germany, Managing Directors Parvis Avini and Avid Avini, Registration Number HRA 108068, Registration Court Munich, Phone: +49 89 45225817, E-Mail: firstname.lastname@example.org ("Carly" or "We" or "Us")
and you as our customer ("You" or the "Customer") regarding the hardware and software offered by us. The GTC apply regardless of whether You are a consumer, entrepreneur or merchant.
(2) A Customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be attributed predominantly to his commercial or self-employed professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who or which, when concluding the contract, acts on behalf of his or its commercial or self-employed professional activity.
(3) All agreements made between You and Us in connection with the purchase contract result in particular from these terms and conditions of sale, our written order confirmation and our declaration of acceptance.
(4) The version of the GTC valid at the time of conclusion of the contract shall apply.
(5) We do not accept any deviating terms and conditions of the Customer. This also applies if We have not expressly objected to their inclusion.
Conclusion of contract
(1) The presentation of goods in our internet store is not equivalent to a legally binding contract offer, but is only a non-binding invitation to order our goods. By ordering the desired goods, You submit a binding offer to conclude a purchase contract.
(2) Once an order is submitted in our internet store, the following rules apply: You make a binding contract offer by successfully completing the order procedure provided in our internet store. The order consists of the following steps:
- Selecting of the desired goods
- Registering a user account or logging in with an existing user account
- Entering the invoice data
- Selecting the payment option and entering the information required for payment.
- Binding submission of the order by clicking on the button "order with costs" or "buy".
Before the binding submission of Your order, You can return to the website on which the customer's details are recorded and correct input errors or cancel the order process by closing the internet browser by pressing the "back" button displayed in the internet browser You are using after submitting Your details. We will confirm the receipt of the order immediately by an automatically generated e-mail ("order confirmation"). Such confirmation does not constitute a binding acceptance of the order, unless, in addition to the confirmation of receipt, the acceptance is declared at the same time.
(3) Storage of the contract text for orders via our internet store: We will send You the order data and our GTC by e-mail. You can also view the GTC at any time at [https://www.mycarly.com/company/terms-and-conditions/] For security reasons, Your order data is no longer accessible via the Internet.
(4) The contract is concluded in English.
(5) The goods offered in the store are sold only to consumers and companies as end users. The commercial resale of the goods is not permitted.
Prices, shipping costs, payment, due date
(1) The stated prices include the statutory sales tax and other price components. In addition, shipping cost are displayed in our price specifications in our online store. The price including VAT and applicable shipping costs is also displayed in the order mask before You submit the order.
(2) You have the option of payment via Paypal, credit card, purchase on account, direct debit, hire-purchase.
(4) If You order products for delivery outside of the EU, they may be subject to import duties and taxes, which will be levied once the package reaches the specified destination. Any additional fees for customs clearance must be borne by You; We have no control over these fees. Customs regulations vary widely from country to country, so You should contact Your local customs authority for more information. Further, please note that when You order from Us, You are considered the importer and must comply with all laws and regulations of the country in which You receive the products. The protection of Your data is important to Us and e would like to make our international Customers aware that cross-border shipments are subject to inspection by customs authorities and may be opened in the process.
Delivery dates/execution of the contract
(1) Unless indicated otherwise in the product description, all items offered are ready for immediate shipment. Delivery will generally occur within 5 working days, unless otherwise agreed or specified.
In case of advance payment, the delivery period begins on the day after the payment order to the bank commissioned with the transfer has been issued. For all other payment methods, the delivery period begins on the day after the contract is conluded. If the deadline falls on a Saturday, Sunday or public holiday at the place of delivery, the deadline ends on the next working day.
(2) If failure to meet deadlines is due to unforeseen obstacles beyond our control, the delivery dates shall be extended accordingly.
(3) We are also entitled to provide our services in partial deliveries. In this case, the full shipping
costs may be incurred for each partial delivery.
Reservation of proprietary rights
We reserve proprietary rights of the delivered products until the purchase price is fully paid.
Right of withdrawal for European consumers
(1) When concluding a distance contract, consumers generally have a statutory right of withdrawal, which We will be informing about below in accordance with the statutory model. The exceptions to the right of withdrawal are regulated in paragraph (2). Paragraph (3) contains a sample cancellation form.
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which You or a third party named by You, who is not the carrier, has taken possession of the goods.
In order to exercise Your right of withdrawal, You must inform s (Carly Solutions GmbH & Co KG, Kolpingring 882041 Oberhaching, Germany) of Your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, fax or email: email@example.com). You can use the attached sample cancellation form for this purpose, which is, however, not mandatory.
In order to comply with the withdrawal period, it is sufficient that You send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of withdrawal
If You withdraw from this contract, We shall reimburse You all payments We have received from You, including delivery costs (with the exception of additional costs resulting from the fact that You have chosen a type of delivery other than the favorable standard delivery offered by Us), without undue delay and within fourteen days from the day on which e received the notification of Your withdrawal of this contract. For this repayment, We will use the same means of payment that You used for the original transaction, unless expressly agreed otherwise with You; in no case will You be charged for this repayment.
We may refuse to refund You 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 or hand over the goods to Us immediately and in any case no later than fourteen days from the day on which You notify Us of the withdrawal from this contract. The deadline is met if You send the goods before the expiry of the period of fourteen days.
You bear the direct costs of returning the goods.
You only have to pay for any loss of value of the goods if this loss of value is due to the handling of the goods which is not necessary for the inspection of the condition, properties and functioning of the goods.
END OF THE WITHDRAWAL POLICY
(2) Your right of withdrawal shall expire prematurely in case of a contract regarding the delivery of digital content that is not on a physical data carrier if You have expressly agreed that We shall execute the contract before the expiry of the withdrawal period and You have confirmed Your knowledge that by giving Your consent You lose Your right of withdrawal upon execution of the contract.
(3) We are informing about the sample withdrawal form as follows:
(If You want to cancel the contract, please fill out and return this form).
Sample withdrawal form
To Carly Solutions GmbH & Co KG, Kolpingring 8, 82041 Oberhaching, Germany
I/we (*) hereby withdraw from the contract concluded by me/us (*)
on the purchase of the following goods (*)/provision of the following service (*)
Ordered on (*)/received on (*) _________________________
Name of consumer(s) _________________________
Address of the consumer(s) _____________________________________________
Signature of the consumer(s) (only in case of notification on paper)
(*) Delete as applicable
We shall be liable for material defects or defects of title of delivered items in accordance with the applicable statutory provisions, in particular Section 434 et seq. of the German Civil Code. The limitation period for statutory claims for defects is two years and begins with the delivery of the goods.
Limitation of liability
(1) Claims of the Customer for damages are excluded. Excluded from this are claims for damages by the Customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by us, our legal representatives or vicarious agents. Material contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In the event of a breach of material contractual obligations, We shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless the Customer's claims for damages are based on injury to life, body or health.
(3) The restrictions of paragraphs (1) and (2) shall also apply in favor of our legal representatives and vicarious agents if claims are asserted directly against them.
(4) The limitations of liability resulting from paragraphs (1) and (2) shall not apply insofar as We have fraudulently concealed the defect or have assumed a guarantee for the quality of the item. The same shall apply insofar as We have entered into an agreement with You regarding the quality of the item. The provisions of the Product Liability Act shall remain unaffected.
We retain copyrights to all images, texts and films that are published in our online store or on our website. Use of the images, films and texts is not permitted without our express consent.
(1) You are granted a non-transferable right of non-commercial use for the app software offered by Us and purchased by You. All other rights (ownership and exploitation rights) to the software and the documentation remain with Us. (2) Copies of our software may not be made.
(1) We offer a subscription service that allows our Customers to access vehicle-specific features in the app software. The specific scope of services depends on the vehicle model. You can view a list of subscription prices here: [https://www.mycarly.com/brand/].
(2) The subscription runs for at least one year or one month (depends on choosen plan) and is automatically renewed for another year or month (depends on choosen plan) at a time if it is not terminated before the end of the annual or monthly period (depends on choosen plan). In this case, We or the respective app store operators are authorized to collect the subscription fee including taxes applicable at that time via the payment method specified by You. A termination of the subscription contract can be submitted in writing or in text form (e.g. via contact form). The right to extraordinary termination remains unaffected.
(3) The subscription agreement may begin with a free trial period, the duration of which will be specified prior to the conclusion of the subscription agreement. Unless You cancel Your subscription agreement before the end of the free trial period or exercise Your consumer withdrawal right, We or the relevant app store operator will charge Your payment method for the annual period at the end of the free trial period. You will not be able to reactivate the free trial after cancellation.
(4) We will inform You if the price of a paid subscription increases and, where necessary, obtain Your consent.
(5) If payment of Your subscription fees is not possible via the payment methods selected by You, We reserve the right to terminate Your subscription agreement unless You provide Us with a new payment method. The subscription period will then begin in accordance with the original invoice date and not from the date payment was made. You will be liable for any unpaid subscription during this period.
Applicable law and place of jurisdiction
(1) The law of the Federal Republic of Germany shall apply under exclusion of the UN Convention on Contracts for the International Sale of Goods. If You have placed the order as a consumer and have Your residence in another country at the time of Your order, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in sentence 1.
(2) If You are a merchant and have Your registered office in Germany at the time of the order, the exclusive place of jurisdiction is the registered office of the seller, Oberhaching. Otherwise, the applicable statutory provisions shall apply to the local and international jurisdiction.
Customer service / complaints
(1) You can contact Us by letter, telephone or e-mail with questions, comments, complaints and to make other statements:
Carly Solutions GmbH & Co KGKolpingring Kolpingring 8 82041 Oberhaching Germany Phone: +49 89 45225817 E-mail: firstname.lastname@example.org
(2) We are not legally obligated to participate in the consumer dispute resolution procedure according to the Consumer Dispute Resolution Act. We refrain from a voluntary participation in the sense of Section 36 para. 1 no. 1 Act on Alternative Dispute Resolution in Consumer Matters.
Status of the GTC: May 2021