Terms of Service

Company Details

Carnival Store GmbH
Untere Wiesenstraße 1
32120 Hiddenhausen, Germany
Managing Director: Ilker KABADAYI
Commercial Register: Amtsgericht Bad Oeynhausen HRB 18675
VAT ID: DE310480783
Email: info@carnivalstore.de

Scope of Application

These Terms of Service apply to all orders and purchases made through our website carnivalstore.de. They govern the legal relationship between:

• Carnival Store GmbH (referred to as “we,” “us,” or “our”)
• You as the customer (whether consumer or business customer)

How Orders Work

• Product Display: Our product listings are invitations to make an offer, not binding offers
• Your Order: When you place an order, you make a binding offer to purchase
• Order Confirmation: We send an automatic email confirming receipt of your order
• Contract Formation: The contract is formed when we accept your order by shipping the product or sending an acceptance email

Order Requirements

To place an order, you must:

• Be at least 18 years old
• Have legal capacity to enter contracts
• Provide accurate and complete information
• Accept these Terms of Service

Right to Refuse Orders

We reserve the right to refuse or cancel orders in cases of:

• Technical errors in pricing or product descriptions
• Product unavailability
• Suspected fraudulent activity
• Violation of these Terms of Service

Pricing

• All prices include German VAT (unless stated otherwise for business customers)
• Shipping costs are calculated separately and shown during checkout
• Prices are subject to change without notice until order confirmation

Payment Methods

We accept the following payment methods:

• PayPal
• Credit/Debit Cards (Visa, Mastercard, American Express)
• SOFORT Banking
• Other methods as displayed during checkout

Delivery

• Shipping Areas: We deliver within the EU and selected countries
• Delivery Times: As specified on the product page or during checkout
• Risk Transfer: Risk transfers to you upon delivery
• Partial Deliveries: We may make partial deliveries if reasonable

How to Exercise Your Right of Withdrawal

To exercise your right of withdrawal, you must inform us at:

Carnival Store GmbH
Email: info@carnivalstore.de
Address: Untere Wiesenstraße 1, 32120 Hiddenhausen, Germany

Effects of Withdrawal

If you withdraw from this contract, we will reimburse all payments received from you, except:

• Original delivery costs (unless we offered only one type of delivery)
• Return shipping costs (you bear these costs)

Exceptions to Right of Withdrawal

The right of withdrawal does not apply to:

• Custom-made or personalized items
• Perishable goods
• Sealed items that cannot be returned for health/hygiene reasons once unsealed
• Digital content if delivery has begun with your consent

For detailed withdrawal information, please see our Refund and Return Policy.

Legal Warranty Rights

You have statutory warranty rights under German law:

• Warranty Period: 2 years from delivery for consumers, 1 year for business customers
• Defective Goods: We will repair, replace, or refund defective items
• Presumption Period: For consumers, defects appearing within 12 months are presumed to have existed at delivery

Limitation of Liability

Our liability is limited as follows:

• Unlimited Liability: For intentional acts, gross negligence, personal injury, and warranties
• Limited Liability: For slight negligence only in case of breach of essential contractual obligations, limited to foreseeable damages
• No Liability: For slight negligence in non-essential matters

Our Intellectual Property

All content on our website, including but not limited to:

• Text, images, graphics, logos, and designs
• Software and technical implementations
• Trademarks and brand elements

is protected by German and international copyright and trademark laws.

Your Usage Rights

• Personal Use: You may view and use our website for personal, non-commercial purposes
• Prohibited Uses: Commercial use, copying, distribution, or modification without permission
• User Content: Any reviews or content you submit may be used by us for marketing purposes

Prohibited Activities

You agree not to:

• Use our services for illegal purposes
• Transmit harmful code, viruses, or malware
• Attempt to gain unauthorized access to our systems
• Violate intellectual property rights
• Provide false or misleading information
• Engage in activities that harm our reputation or operations

Termination Rights

We may terminate or suspend your access if you violate these terms. You may stop using our services at any time.

Data Processing

We process your personal data in accordance with:

• German Data Protection Act (BDSG)
• EU General Data Protection Regulation (GDPR)
• Our Privacy Policy

Your Rights

You have the right to access, correct, delete, and port your data. For details, see our Privacy Policy.

Applicable Law

These Terms are governed by German law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

Jurisdiction

• For Business Customers: Courts of Bad Oeynhausen, Germany have exclusive jurisdiction
• For Consumers: You may sue us at the courts of Bad Oeynhausen or your place of residence

Alternative Dispute Resolution

We participate in dispute resolution procedures before consumer arbitration boards when required by law. We are not obligated to participate in alternative dispute resolution procedures.

Changes to Terms

We may update these Terms to reflect legal changes or business developments. We will notify you of significant changes by email or website notice.

Severability

If any provision of these Terms is found invalid, the remaining provisions remain in effect. Invalid provisions will be replaced by valid provisions that best reflect the intended purpose.

Language

These Terms are originally drafted in English. In case of conflicts between translations, the English version prevails.

Complete Agreement

These Terms, together with our Privacy Policy and Return Policy, constitute the complete agreement between us.