General Terms and Conditions of Business for Orders via the CLAAS Collection Shop
As at: August 2024
1. Scope of applicability, Contracting Partners, Languages
1.1 The business relationship between CLAAS Service and Parts GmbH (hereinafter referred to as “CLAAS”) and the Customer (hereinafter referred to as the “Customer”) relating to products sold by CLAAS via the CLAAS Collection Shop (https://collection.claas.com) is exclusively governed by the following general contractual terms and conditions in the version effective at the time the order is placed. Differing terms and conditions of the ordering party shall not be recognised unless their applicability is expressly approved by CLAAS in writing.
The online shop is directed at consumers as defined in Article 13 of the German Civil Code (Bürgerliches Gesetzbuch – BGB). Entrepreneurs are asked to contact customer service in advance.
1.2 These GTC regulate the details of the contractual relationship between CLAAS and the Customer and also contain important information for consumers. The Customer can access the General Terms and Conditions of Business in the online shop upon ordering, save them on his/her computer, and/or print them out. The General Terms and Conditions of Business applicable to the order shall be separately sent to the Customer again immediately after he/she submits his/her binding order together with the contractual confirmation on a durable data medium (by email).
1.3 The languages available for the conclusion of the contract are German, English, or French.
2. Order process / Conclusion of a contract
2.1 By displaying the products in the online shop, CLAAS makes a binding offer for the conclusion of a contract concerning those products.
2.2 The Customer may initially place those products in the basket (without any obligation arising), inspect its contents at any time (without any obligation arising) by clicking on the “Basket” symbol, and amend these using the designated correction tools. Products may be deleted from the basket at any time.
2.3 The Customer’s address and delivery data must be specified during the ordering process after he/she has checked the shopping cart. The Customer may correct any incorrect entries there. The ordering process may be cancelled at any point by closing the window.
Setting up a customer account means the Customer does not have to re-enter his/her order data (e.g. delivery address, invoice address) when placing subsequent orders. Furthermore, registered customers can view order information (e.g. current confirmed orders, order history) in their personal customer account.
The Customer is responsible for the correctness of the address data specified by him/her. He/she must specify the delivery address completely and correctly such that delivery can be made without problems. In the event of changes to the Customer’s order data, CLAAS must be promptly contacted.
2.4 The General Terms and Conditions of Business may be accessed and printed out at any point during the order process by clicking on the “GTC” link (at the bottom of the online shop page).
2.5 The contract is concluded when the customer accepts the offer for the goods contained in the basket by first selecting the payment method (PayPal / credit or debit card) and – where PayPal is selected as the payment method – entering the payment details in PayPal and then clicking on ‘Complete Purchase’ or – where credit or debit card is selected as the payment method – clicking on ‘Pay Now’. Only then is the conclusion of the contract forwarded to CLAAS.
2.6 Immediately after submitting his/her order, the Customer shall receive a confirmation from CLAAS by email. This will also contain details of the Customer’s order including additional information, particularly the contractual terms and conditions, which the Customer can save or print out. The summary of the contractual terms and conditions in this form is not stored at CLAAS and is therefore not accessible to the Customer there.
3. Cancellation right
As a rule, consumers have a statutory cancellation right upon the conclusion of a distance selling transaction. CLAAS informs you about that right in accordance with the provisions of law, as follows:
3.1 Cancellation Notice
Cancellation right
You have the right to cancel this contract within fourteen days without giving reasons.
The time limit for cancellation is fourteen days from the date when you or a third party nominated by you, although not the carrier, took possession of the last goods.
To exercise your cancellation right, you must inform us:
CLAAS Service and Parts GmbH Merchandising / CLAAS Collection ShopMühlenwinkel 1
33428 Harsewinkel, Germany
Email: shop@claas.com
Tel. +49 (0) 5247-12 3200
by means of an unequivocal declaration (e.g. a letter sent by post or an email) about your decision to cancel this contract. You may use the attached standard cancellation form for that purpose, but it is not required.
In order to comply with the time limit for cancellation, it is sufficient that you send the notification stating that you wish to exercise your cancellation right before the end of the time limit for cancellation.
Consequences of cancellation
If you cancel this contract, we must refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a different type of delivery than the lowest-cost standard delivery offered by us) promptly and no later than within fourteen days from the date when we received the notification of your cancellation of this contract. For that repayment, we shall use the same means of payment that you used for the original transaction unless explicitly agreed otherwise with you. On no account shall we charge you fees due to that repayment.
We may refuse the repayment until we have received the returned goods or until you have proved that you have sent them back, whichever occurs earlier.
You must send the goods back or hand them over to us promptly, and in any event, no later than within fourteen days from the date when you notified us of the cancellation of this contract. The time limit shall be deemed to have been complied with if you dispatch the goods before the end of the time limit of fourteen days. You shall bear the direct costs of the return shipment of the goods.
You shall be liable for any loss in value of the goods only if that loss of value is attributable to handling that is not necessary for verifying their quality, characteristics, properties, or functioning.
End of cancellation notice
The cancellation right does not exist with regard to the delivery of goods:
- Which are not prefabricated and for whose manufacture an individual choice or decision by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (Section 312g para. 2 no. 1 BGB)
- Which may quickly perish or whose expiration date would be quickly exceeded (Section 312g para. 2 no. 2 BGB)
- Which for reasons related to health protection or hygiene are not suitable for return if their seal has been removed after delivery (Section 312g para. 2 no. 3 BGB)
- If after delivery due to their quality/characteristics they have been inseparably mixed with other goods (Section 312g para. 2 no. 4 BGB)
- With regard to contracts on the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery (Section 312g para. 2 no. 6 BGB).
Standard cancellation form
CLAAS informs you about the standard cancellation form in accordance with the provisions of law as follows. However, it need not be used:
To:
CLAAS Service and Parts GmbH Merchandising / CLAAS Collection Shop
Mühlenwinkel 1
33428 Harsewinkel, Germany
Email: shop@claas.com
Tel. +49 (0) 5247-12 3200
I/we hereby cancel the contract concluded by me/us (*) on the purchase of the following goods (*)/ the provision of the following service (*)
Ordered (*)/received on (*)
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only for notification on paper)
Date
______________________
(*) Delete as appropriate.
Information on the regular costs of the return shipment:
We shall bear the regular costs of the return shipment for you if the returns sticker provided by us is used for the return shipment.
4. Prices/payment terms invoice
4.1 The prices specified in the CLAAS Collection online shop are final prices in euros (including statutory VAT), subject to the addition of shipping costs. The costs for the shipment shall be displayed to the Customer on the respective product details page in the online shop when he/she clicks the “plus Shipping charges” link. The shipping method selected in the order process and the costs incurred for this are also shown in the order overview. If shipment is carried out in several partial deliveries, the shipping costs shall only be charged once.
4.2 The following payment options are available to the Customer:
- 4.2.1 Debit/credit card: In the case of payment by debit/credit card, your debit/credit card will be charged when you conclude your order.
- 4.2.2 PayPal: If you make payment by PayPal, the time of payment is deemed to be the time of the order. If you choose PayPal as the payment method, the payment shall be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie S.C.A. 22–24 Boulevard Royal L-2449 Luxembourg, subject to the applicability of the PayPal terms of use, which can be accessed online at https://www.paypal.com/uk/legalhub/privacy-full?locale.x=en_GB.
4.3 Payments shall only be accepted from accounts within the European Union (EU).
4.4 CLAAS shall have the right to send the Customer the invoice as an electronic invoice (an invoice issued in an electronic format, e.g. as a PDF document) by email.
5. Delivery and shipping terms
5.1 As a rule, the goods shall be delivered no later than within five (5) business days (Monday to Friday, public holidays excepted) after the conclusion of a contract within Germany. Unless agreed otherwise, the delivery shall be made to the delivery address specified by the Customer in the order.
5.2 Deliveries shall only be carried out within the European Union. The maximum delivery period for delivery of goods outside Germany shall generally be ten (10) business days.
5.3 CLAAS shall have the right to make partial deliveries.
5.4 Once CLAAS has handed over the goods to the shipping company, the Customer shall receive a shipping confirmation from CLAAS by email and, if it is available and has been agreed, a link to the shipment tracking of the transport service provider showing the shipment status.
5.5 If for reasons for which CLAAS is not responsible, it is unable to adhere to a binding delivery period (e.g. due to an event of force majeure), it shall promptly notify the Customer to that effect specifying the new delivery period. If the new delivery period is not acceptable for the Customer, he/she shall have the right to rescind the contract with regard to the goods in question, in which case CLAAS shall promptly reimburse the Customer for any counterperformance already rendered by him/her. The statutory rights of the parties remain unaffected by this, for example, any cancellation right of the Customer and the Customer’s statutory warranty rights.
6. Retention of title
Until the purchase price has been paid in full, the delivered goods shall remain the property of CLAAS.
7. Information on liability for material defects and time limitation of claims
The provisions of law on liability for material defects and time limitation of claims apply.
8. Liability
8.1 CLAAS shall only be liable for compensation for losses:
- a) in the event of wilful misconduct or gross negligence;
- b) in the event of culpable loss of life or injury to the body or health;
- c) if a defect has been fraudulently concealed;
- d) within the scope of a possible guarantee commitment;
- e) in the event of liability under the German Product Liability Act (Produkthaftungsgesetz);
- f) in the event of a culpable violation of key contractual obligations (i.e. obligations whose fulfilment enable proper performance of the contract and upon whose fulfilment the Customer can generally rely), including in the event of a breach due to minor negligence but in that case limited to the reasonably foreseeable losses typical for such a contract.
8.2 The limitation of liability also applies to claims for reimbursement of expenses under Section 284 BGB.
8.3 Otherwise, claims for compensation for losses are excluded, irrespective of the legal basis for such.
9. Discount coupons and their redemption
Discount coupons are coupon codes that entitle the holder to a particular percentage discount in the CLAAS online shop. They may not be purchased and may only be issued by CLAAS for one-off use or multiple uses, for example, as part of advertising campaigns with a particular validity period. Such coupons can then only be redeemed within the specified period during an order process and only before the completion of the purchasing process. Any subsequent crediting is not possible, and the value of a discount coupon will not be paid out in cash or bear interest. It is not possible to combine several discount coupons. The resale of a discount coupon is not permitted.
CLAAS reserves the right to make the validity dependent on a minimum order value or to exclude particular products from the discount. On no account may coupons be used towards shipping costs, and they may also not be used for the purchase of books, magazines, or gift vouchers.
10. Minors
The goods offered in the online shop are directed exclusively at adults.
11. Applicable law
11.1 All legal relationships between CLAAS and the Customer are subject to the laws of the Federal Republic of Germany, to the exclusion of the laws on the international purchase of movable goods (United Nations Convention on Contracts for the International Sale of Goods (CISG) of 11.04.1980).
11.2 The above choice of governing law does not limit the mandatory protection of foreign consumer laws that would be applicable to the contractual relationship with the Customer without a choice of governing law.
12. Information on online dispute resolution
12.1 The EU Commission provides an internet platform for online dispute resolution (OS platform). This platform is intended to serve as a point of contact for out-of-court settlement of disputes in connection with contractual obligations stemming from online purchase contracts. The OS platform can be accessed via the following link: https://ec.europa.eu/consumers/odr.
12.2 The email address used by CLAAS is specified under contact details and in the legal notice. CLAAS is neither willing nor obliged to settle disputes with consumers before an arbitration body.
13. Data protection
CLAAS complies with the provisions of law with regard to the processing of the Customer’s personal data, including the contract data (e.g. order, delivery, invoice, and payment information). Details can be found in the privacy policy, which can be accessed under “Privacy policy”.
