1. These terms and conditions apply to all deliveries and services of
Carrera Toys GmbH
Rennbahn Allee 1
5412 Puch bei Salzburg
Austria
Managing Director: Stefan Krings
Phone Number: +4366288921333
Fax: +4366288921510
E-mail: shop@carrera-toys.com
(hereinafter referred to as "Carrera/
we"), which are provided in connection with the Carrera Club to customers (hereinafter referred to as "customer/club member"), as well as for the use of the club area on our website.
2. Club members within the meaning of these terms and conditions are consumers within the meaning of § 13 BGB. In this case, the club member is a consumer, insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or self-employed professional activity.
3. Carrera reserves the right to amend these General Terms and Conditions in the event of changes in market conditions, changes in the legal situation or supreme court rulings, even within an existing contractual relationship. The Club Member will be informed of planned changes via e-mail at least six (6) weeks before the changes take effect. In this e-mail, the changes to the previous contractual regulations will be identified and, if necessary, additionally explained. Within six (6) weeks after receipt of the aforementioned e-mail, the Club Member may object to the changes to the General Terms and Conditions. If the club member does not object to the changes or does not object to them in due time, his consent to the amended general terms and conditions shall be deemed to have been given and the changes shall be deemed to have been effectively agreed. The club member will be informed of this legal consequence separately in connection with the planned changes.
1. The use of the Carrera Club requires the purchase of a club membership. The customer has the option of selecting a corresponding club membership in the online shop of Carrera. The ordering process is carried out in accordance with para. 3 of the terms and conditions of the online shop. Notwithstanding Sec. 5 of the General Terms and Conditions of the Online Shop, however, only the following payment methods are available to the customer for the payment of the price of the club membership: credit card, Klarna as well as gift and promotional vouchers.
3. Club membership may be terminated at any time within the first year of membership by giving notice via the cancellation button on the website, so that club membership will end at the end of the twelve (12) months. If the club membership has been extended indefinitely, the club member may terminate the contract at any time with one (1) month's notice.
4. Carrera may terminate the Club Membership by e-mail to the Club Member under the same notice periods as in the preceding paragraph.
5. If the club
membership ends, the use of the member account and the club benefits (cf. III) is no longer possible.
1. Club membership includes, but is not limited to, the following services, functionalities and benefits for club members:
· Use of the club area
· Access to exclusive products and special models for club members in the online shop
· Price advantages for the online shop
· Club's own newsletter
· Annual club event
2. The exclusive special models for the Carrera Club are released once a year (subject to availability) and can be ordered via the Carrera online shop. The prerequisite for the purchase of a special model is a club membership existing at the time of the release of the special model. Unless otherwise stipulated within these terms and conditions, the provisions of the general terms and conditions of the online shop apply to the ordering process or the purchase of the special models as well as other exclusive products for club members.
3. If the club member receives price advantages for the online shop in the form of promotional vouchers, the provisions in clause 6 et seq. of the general terms and conditions of the online shop.
1. The price of the club membership is stated on the Carrera website and includes the applicable statutory value added tax.
2. When purchasing the club membership, the customer has the option of choosing between an annual and a monthly debit. The term of the club membership according to para. II.2 remains unaffected.
3. Carrera reserves the right to make price changes (both price reductions and price increases), which may occur due to, among other things, changes in wage and material costs, taxes and higher expenses for product improvements. Increases in the above-mentioned costs only lead to a price increase if they are not offset by decreasing costs in another area. The same applies accordingly to a price reduction. Carrera will choose the timing of the price change in such a way that cost reductions have at least the same price impact as cost increases. Carrera will notify the Club Member in text form of price changes three (3) weeks before the price change comes into force. In the event of a price change, the club member has the right to terminate the club membership in text form without notice at the time the change takes effect. The club member will be informed of this as part of the notification of the price change. In all other respects, § 315 BGB remains unaffected.
In order to use the club area, it is necessary to set up a member account. With regard to the processing of personal data within the framework of the member account, reference is made to the privacy policy of Carrera. As soon as the registration as a club member has taken place, the club member has access to the club area via our website. The following terms of use apply to the use of the club area.
1. Access/Availability/Changes to Functionalities
1.1 Carrera will endeavor to keep the club area available without interruption. However, there is no entitlement to this.
1.2 The establishment and availability of the data connection is not part of the club membership. The club member is thus solely responsible for the selection and functionality of his data connection, including the transmission paths. Carrera has no influence on the connection costs.
1.3 Without prejudice to the assertion of other rights, Carrera is entitled to prohibit the club member from accessing the club area at any time and to terminate it in accordance with para. V.7 if the club member violates the terms of use.
1.4 Carrera is entitled to make changes to the club area if this is necessary to adapt to a new technical environment, an increased number of users, to improve usability or for other important operational reasons.
2. Scope of services
As part of the use of the club area, the following functionalities in particular are available:
· Communication with other club members in the forum via chat, pictures and videos
· Test reports etc.
3. Basic Duties of the Club Member
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3.1 The club member is obliged to use the club area in accordance with this para. V and in accordance with applicable law.
3.2 When using a password, appropriate security measures must be observed. For example, a password should be at least 8 characters long and, if possible, always consist of a combination of letters in upper and lower case, numbers and special characters. In this respect, trivial passwords such as "ABC" or keyboard sequences (e.g. "qwert" or "asdfgh"), all kinds of names (e.g. friends, acquaintances, colleagues, family members, pets), city and building names, cartoon characters, car brands, license plates, terms, dates of birth, telephone numbers, common abbreviations, etc. are problematic.
3.3 The club member is obliged to provide truthful information provided during registration and in the member account and to keep it up to date at all times. If there is a change in the data provided during the period of use, the club member will update it immediately within the personal settings of the member account.
3.4 Login data must be kept strictly confidential. If a transfer has nevertheless taken place, for example to enable access to certain databases by third parties in an emergency, the password must be changed immediately. In addition, Carrera must be informed immediately as soon as and if there are indications of imminent or already existing password misuse in order to initiate an access block with subsequent storage of a new password. For your own protection, it is prohibited to reuse passwords that have already been used.
4.
4.1 The club member undertakes not to offer any activities within the scope of the use of the club area or to post, distribute or carry out any content that violates legal prohibitions, common decency, the rights of third parties and/or the regulations listed below.
4.2 Prohibited activities/contents are in particular:
· those in the field of "eroticism" or "pornography";
· Services that violate the regulations for protection against undeclared work, such as the Act on Combating Undeclared Work and Illegal Employment (SchwarzArbG), the Youth Protection Act or data protection regulations;
· offering or advertising services that are not in line with the spirit and purpose of the club area or that have not been agreed in advance with and approved by Carrera.
4.3 In addition, the Club Member is prohibited from doing the following:
· the distribution of viruses, Trojan horses and other harmful files;
· to obtain and/or use access to data that is not intended for him or that is specially secured against unauthorized access by overcoming the access security;
· the sending of junk or spam mails as well as chain letters;
· the dissemination of lewd, offensive, sexually explicit, obscene or defamatory content or communication as well as such content or communication that is/is likely to promote or support racism, fanaticism, hatred, physical violence or illegal acts (in each case explicitly or implicitly);
· harassing other club members, e.g. by making multiple personal contacts without or contrary to the reaction of other club members, as well as promoting or supporting such harassment;
· soliciting other club members to disclose passwords or personal information for commercial or unlawful purposes;
· the distribution and/or public reproduction of content available in the club area, unless this is expressly permitted by the respective author or this is not expressly provided for according to the meaning and purpose of the functionality of the club area.
4.4 The Club Member is also prohibited from any action that is likely to impair the smooth operation of the Club area, in particular to place an excessive load on the network's systems.
4.5 Should the club member become aware of any illegal, abusive, contrary to the user relationship or otherwise unauthorized use of the club area, the club member is obliged to contact Carrera. Carrera will then review the process and, if necessary, take appropriate steps.
4.6 If there is a suspicion of illegal or criminal acts, Carrera is entitled and, if necessary, also obliged to check the activities of the club member and, if necessary, to take appropriate legal action. This may also include forwarding a case to the public prosecutor's office.
5. Content provided by the Club Member
5.
5.1 The club member is fully responsible for the content he posts. Carrera does not check the content for completeness, accuracy, legality, timeliness, quality and suitability for a particular purpose.
5.2 The club member undertakes not to make any content publicly accessible within the club area that constitutes a violation of competition law or a violation of relevant professional regulations or that violates the rights of third parties, such as trademark rights, copyrights and ancillary copyrights, title protection rights or personal rights, as well as only such content publicly to the specific use of which the club member has an exclusive right or is otherwise entitled (e.g. by means of a license or permission from the rights holder).
5.3 Carrera reserves the right to temporarily remove the specific infringing content from the profile in the event of an indication of possible violations of the law caused by the club member or in the event of indications that suggest a violation of the law and then to investigate the factual and legal situation regarding the alleged violation (Notice-and-takedown procedure). As part of the reconnaissance, the club member will be cooperative with Carrera in order to enable clarification as soon as possible. However, Carrera will take into account the legitimate interests of the club member and choose the mildest means to defend against the violation.
5.4 In the event of obvious and serious violations, Carrera is entitled to immediately and permanently remove the infringing content from the Club Member's profile. Carrera will inform the Club Member of the adoption of such measures.
6. Right of use
6.
6.1 The club member is granted a non-exclusive (simple), non-sublicensable and non-transferable right to use the club area, limited to the term of the respective contractual relationship. The club area may only be used in the intended range of functions in accordance with these terms of use.
6.2 In particular, the club member is not permitted to provide access to the club area to third parties for a fee or free of charge or to exploit the club area commercially in any other way. After all, no rights to the club area may be rented, leased or otherwise transferred.
6.3 The Club Member is entitled to access and display the content available within the Club area online for personal purposes only during the use of the Club Area. The club member is not permitted to edit, present, make available to the public, publish or distribute content in whole or in part, unless such use is expressly permitted within the framework of these Terms of Use or deliberately made possible by a special functionality within the club area (e.g. by means of a download button).
7.
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7.
7.1 Carrera is entitled to temporarily or permanently block the profile of the Club Member, insofar as and as soon as there are concrete indications of a violation of the rights set out in para. V.4 and V.5 regulated prohibitions and content restrictions and/or applicable legal norms and/or these Terms of Use exist. When deciding on a blocking, Carrera will take due account of the legitimate interests of the club member.
7.2 Carrera will notify the Club Member in advance of any intended blocking by e-mail, stating the reason, and give the Club Member the opportunity to comment on the matter. After the club member's counter-statement, Carrera will make the final decision on any suspension and will inform the club member of the result by e-mail.
7.3 In the event of only temporary suspension, Carrera will restore the Club Member's profile after the expiry of a necessary and reasonable blocking period and inform the Club Member of this by e-mail.
7.4 In the event of permanent blocking, it is not possible to reactivate the profile. Permanently banned club members are permanently excluded from using the club area and are not allowed to re-register.
Contracts between Carrera and the club member shall be governed by the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. However, this choice of law does not have the effect of depriving the club member of the protection of the mandatory provisions of the law of the state in which he has his habitual residence.
As of March 2023
1. It complies with Carrera's quality standards to handle the personal data of club members responsibly. The personal data processed in connection with the registration as a club member and the use of the available services will therefore only be collected, stored and processed by Carrera to the extent necessary for the provision of services in accordance with the use and permitted by legal regulations or ordered by law. Carrera will treat the personal data confidentially and in accordance with the provisions of the applicable data protection law and will not pass it on to third parties. Details can be found in the privacy policy (see website).
2. Please note that you are responsible for the content of your communication. In this context, please always observe the legal provisions, in particular with regard to the processing of special categories of personal data as well as the violation of the confidentiality of the word § 201 StGB and private secrets according to § 203 StGB.
3. The club member is aware that the content in the forum is available to other authorized club members.
1. The European Commission provides a platform for online dispute resolution for consumer disputes, which can be accessed via the following link: http://ec.europa.eu/consumers/odr/
2. Our email address is: carreraclub@carrera-toys.com
3. Carrera is neither obliged nor willing to participate in dispute resolution proceedings at a consumer arbitration board.
Contracts between Carrera and the club member shall be governed by the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. However, this choice of law does not have the effect of depriving the club member of the protection of the mandatory provisions of the law of the state in which he has his habitual residence.
As of March 2023