GENERAL TERMS AND CONDITIONS OF

Welcome to Crous Rail Service

§ 1 Scope and provider

(1) The general terms and conditions (hereinafter referred to as “Terms and Conditions”) govern the sale of products by Crous Rail Service GmbH (hereinafter provider) to you, in the version valid at the time of ordering.

(2) Any deviating terms and conditions of the customer are rejected.

(3) Please read these terms carefully before you place an order with Crous Chemicals GmbH. By placing an order with Crous Rail Service GmbH GmbH, you agree to the application of these terms of sale to your order.

(4) At Crous Group, we offer you the sale of the following products:

Trade in goods of all types, in particular rail-approved products.

§ 2 Conclusion of the contract

(1) Contracts on this portal can only be concluded in German.

(2) The offers are aimed exclusively at end customers with a billing and delivery address in:

Europe:
Netherlands, Germany, Austria, Italy, Portugal, Poland, Spain, Italy, France, Belgium, England, Denmark, Sweden, Luxembourg, Czech Republic, Switzerland

Outside Europe:
USA, China, Australia.

For individual bulky goods items, the possible delivery addresses and the place of delivery may be limited; the restriction is shown in the respective list price.

(3) The customer must have reached the age of 18.

(4) The presentation of the goods in the online shop does not represent a legally effective offer. By presenting the goods, the customer is simply asked to make an offer.

(5) Your order represents an offer to Crous Group to conclude a purchase contract. The customer submits a binding offer when he has completed the online ordering process by entering the information required there and clicks on the “Order for a fee” button in the last order step.

(6) The purchase contract between the provider and the customer is only concluded with a declaration of acceptance from the provider. This takes place on the earlier of the two dates, either sending the goods or sending a shipping confirmation by email. Please note that the confirmation of receipt of your order does not constitute a declaration of acceptance as stated above.

(7) The effectiveness of contracts for larger than normal household quantities and the commercial resale of the object of purchase requires express confirmation from the provider. This applies both to the number of products ordered as part of an order and to the placement of multiple orders for the same product, for which the individual orders comprise a normal household quantity.

(8) Your orders will be saved by us after the contract has been concluded. Should you lose your documents relating to your orders, please contact us by email or telephone. We will send you a copy of the order details.

(9) You agree that you will receive invoices electronically. Electronic invoices are made available to you via email or in the customer account on the website. For each delivery, we will inform you in the shipping confirmation whether an electronic invoice is available. For more information about electronic invoices, visit our website.

§ 3 Prices and shipping costs

(1) Our prices include the applicable statutory value added tax and include a flat shipping fee and shipping fee surcharge. The shipping charges vary depending on the delivery method and the nature of the item.

(2) Despite our best efforts, a small number of the products in our catalog may be incorrectly priced. We check prices when we process your order and before we charge payment. If a product is incorrectly priced and the correct price is higher than the price on the website, we will contact you before shipping the goods to ask you whether you want to buy the product at the correct price or cancel the order. If the correct price of a product is lower than the price we have stated, we will charge the lower amount and send the product to you.

(3) The prices apply at the time of ordering. If there are list prices, the prices of the list price valid at the time of ordering apply.

§ 4 Delivery and cancellation

(1) Unless otherwise agreed, delivery is made to the delivery address specified by the customer. On the website, you will find information on the availability of products sold by Crous Group (e.g. on the respective product detail page). We would like to point out that all information on the availability, shipping or delivery of a product is only expected information and approximate indicative values. They do not represent binding or guaranteed shipping or delivery dates, unless this is expressly referred to as a binding date in the shipping options for the respective product.

(2) If Crous Group discovers during the processing of your order that products you have ordered are not available, you will be notified separately by email or by message in your customer account. The customer's legal claims remain unaffected.

(3) Insofar as delivery to the customer is not possible because the delivered goods do not fit through the front door, front door or stairway of the customer or because the customer is not found at the delivery address specified by him even though the time of delivery has been announced to the customer with a reasonable period of time, the customer bears the costs of the unsuccessful delivery.

(4) Delivery depends on the customer's payment method. In the case of payment in advance, delivery takes place after the payment order has been issued to the transferring bank. When paying by PayPal, credit card, gift card, direct debit, instant transfer or invoice, delivery takes place after conclusion of the contract.

(5) If your order is shipped in more than one package, you may receive a separate shipping confirmation for each package. In this case, with regard to each shipping confirmation, a separate purchase contract is concluded between us for the products listed in the respective shipping confirmation. The contract partner is Crous Rail Service GmbH. Notwithstanding your right of withdrawal, you can cancel your order for a product at any time free of charge before sending the associated shipping confirmation.

§ 5 inches

(1) If you order products from Crous Group for delivery outside the European Union, you may be subject to import duties and taxes, which are collected as soon as the package reaches the specific destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges. Customs regulations vary greatly from country to country, so you should contact your local customs authority for more information.

(2) Please also note that when ordering from Crous Rail Service GmbH, you are considered an importer and must comply with all laws and regulations of the country in which you receive the products. Protecting your data is important to us and we would like to draw the attention of our international customers that cross-border deliveries are subject to opening and inspection by customs authorities. For more information, please read our customs information.

§ 6 payment

(1) The customer can pay for the goods using the following payment methods:

- PayPal

- credit card

- Direct debit:

In the event of a chargeback for which the customer is responsible, Crous Chemicals GmbH collects lump sum compensation of €2.99 (two euros and ninety-nine cents). The customer can prove that his damage did not occur at all or is significantly lower than the lump sum. The above regulations apply accordingly to payments of the purchase price of goods sold by third parties.

- Instant transfer

- On account

Payment on account is only possible for consumers over 18 years of age. The delivery address, home address and billing address must be the same and be located in the following countries:

germany

Payment on account is not possible for services that are transmitted online (e.g. software for download) and for the purchase of gift cards. The invoice amount is due upon receipt of the invoice. Crous Chemicals GmbH reserves the right not to offer certain payment methods in individual cases.

When paying on account, in addition to any shipping costs, a one-time fee of €2.99 (two euros and ninety-nine cents) including the applicable value added tax per delivery will be charged. Before the contract is concluded, the customer is always separately informed whether this fee applies.

Insofar as the invoice amount is not paid at the due date for reasons for which the customer is responsible, Crous Rail Service GmbH shall collect lump sum compensation of €14.99 (fourteen euros and ninety-nine cents). The customer can prove that no damage has occurred at all or is significantly lower than the lump sum.

When paying on account and in other cases for legitimate reasons, Crous Group checks and evaluates the data provided by the customer.

- Payment in advance

(2) Certain payment methods may be excluded by the provider in individual cases.

(3) The customer is not allowed to pay for the goods by sending cash or checks.

(4) Should the customer choose an online payment method, the customer hereby authorizes the provider to collect the amounts due at the time of ordering.

(5) Should the provider offer payment in advance and the customer chooses this payment method, the customer must transfer the invoice amount to the provider's account within five calendar days of receipt of the order. Accordingly, the provider reserves the goods for five calendar days.

(6) Should the provider offer payment by credit card and the customer chooses this payment method, the latter expressly authorizes the provider to collect the amounts due after the partial deliveries or deliveries of goods have been shipped.

(7) Should the provider offer payment by direct debit and the customer chooses this payment method, the customer gives the provider a SEPA basic mandate. Should payment by direct debit result in a chargeback of a payment transaction due to lack of account funds or due to incorrect bank details transmitted, the customer must bear the costs.

(8) Should the provider offer payment in advance and the customer chooses this payment method, the customer undertakes to pay the invoice amount within 14 days after the goods have been shipped, without any discount.

(9) Should the customer be in default of payment, the provider reserves the right to assert the damage caused by the delay.

§ 7 Set-off and right of withholding

(1) The customer has the right to offset only if the customer's counterclaim has been legally established or has not been disputed by the provider.

(2) The customer can only exercise a right of retention if your counterclaim is based on the same contractual relationship.

§ 8 Retention of title

Crous Chemicals GmbH reserves title to the goods until full payment has been made.

§ 9 Transport damage

(1) Should the customer receive the goods with obvious transport damage, the supplier urges him to complain about this as quickly as possible.

(2) Should the customer miss the complaint, this has no consequences for the statutory warranty rights. The purpose of the complaint is that the provider can assert his own claims against the carrier.

Section 10 Defect law

(1) If the customer is a consumer, the warranty and liability for defects of the delivered purchased item is governed by the statutory provisions: In addition to their 30-day return guarantee, customers in the European Union have warranty rights for a period of two years from delivery of the goods and can demand repair or replacement of the products purchased from Crous Group if they prove to be defective or not as described. If the goods cannot be repaired or replaced within a reasonable time or without difficulty, you may request a refund or a reduction in the purchase price.

(2) In the case of used goods, the warranty period may be shorter than two years.

(3) If the customer is not a consumer, the defect will be remedied by new delivery or replacement.

(4) If the customer is not a consumer, the limitation period is one year. This applies insofar as no claims for damages and expenses are asserted for compensation for damage relating to body and health or due to intent or gross negligence.

Section 11 Limitation of liability (products)

(1) The provider is liable for compensation claims by the customer arising from injury to life, limb, health or from the breach of essential contractual obligations, as well as for other damages based on their intentional or grossly negligent breach of duty, or one of the provider's legal representatives or vicarious agents.

(2) Substantial contractual obligations are duties whose fulfilment is necessary to achieve the objective of the contract.

(3) The provider is liable for breaches of essential contractual obligations based on foreseeable damage typical of the contract, provided that the damage was simply caused by negligence. This limitation does not apply to claims for damages made by the customer based on injury to life, limb or health.

(4) The provisions of the Product Liability Act remain unaffected.

(5) Insofar as Crous Group's liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.

Section 12 Withdrawal policy

(1) If the customer is a consumer, he has a right of withdrawal in accordance with the following provisions:

(2) Right of withdrawal

You have the right to cancel this contract within fourteen days without giving reasons.

The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods (or the last goods, partial shipment or piece in the case of a contract for several goods of a single order or the delivery of a product in several parts or pieces) without giving reasons.

To exercise your right of withdrawal, you must tell us:

Crous Rail Service GmbH

Mercatorstraße 36d
46485 Wesel
germany

Telephone: +49 (0) 281 16407307

email: info@crous-rail-service.de

inform you of your decision to cancel this contract by means of a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the sample withdrawal form on our website or send us another clear statement. If you make use of this option, we will immediately (e.g. by email) send you confirmation of receipt of such a withdrawal.

To meet the withdrawal period, it is sufficient that you send the notification that you have exercised your right of withdrawal before the withdrawal period has expired and that you have returned the goods via our online return center within the period defined below.

For additional information regarding the scope, content and explanations of exercise, please contact our customer service department.

(3) Consequences of withdrawal

If you cancel this contract, we will 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 cheapest standard delivery offered by us), immediately and at the latest within 14 days from the day on which we receive notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used for the original transaction, unless something else has been expressly agreed with you; in no case will you be charged any fees as a result of this repayment.

We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You have the goods immediately and in any case no later than 14 days from the day on which you notify us of the cancellation of this contract to

Crous Rail Service GmbH

Mercatorstrasse 36 a
46485 Wesel
germany

to return or hand over. The deadline is met if you send the goods before the period of 14 days has expired. You bear the direct costs of returning the goods.

(4) Exceptions to the right of withdrawal

You only have to pay for any loss in value of the goods if this loss in value is due to handling them that is not necessary to check the nature, properties and functioning of the goods.

The right of withdrawal does not exist or expires for the following contracts:

• for the delivery of goods which are not suitable for return for reasons of health protection or hygiene and whose seal was removed after delivery or which, due to their nature, were inseparably mixed with other goods after delivery;
• for delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery;
• for the delivery of goods that are manufactured according to customer specifications or are clearly tailored to personal needs
• for the delivery of goods which can spoil quickly or whose expiration date would be quickly exceeded;
• for services, if Crous Group has provided them in full and you have taken note of them before ordering and have expressly agreed that we can start providing the service and you lose your right of withdrawal upon full performance of the contract;
• for the delivery of newspapers, magazines or magazines, with the exception of subscription contracts; and
• for the delivery of alcoholic beverages, the price of which was agreed upon conclusion of the purchase contract, but whose delivery can only take place after 30 days and whose current value depends on fluctuations in the market over which the entrepreneur has no influence.

Section 13 Exclusion of the right of withdrawal

(1) The right of withdrawal does not apply to contracts

• for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
• for the delivery of goods which can spoil quickly or whose expiration date would be quickly exceeded;

(2) The right of withdrawal expires prematurely for contracts

• for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;
• for the delivery of goods if, due to their nature, they were inseparably mixed with other goods after delivery;
• for delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.

Section 14 Data protection

(1) Should personal data (e.g. name, address, email address) be collected, we are committed to obtaining your prior consent. We are committed not to share any data with third parties unless you have given your prior consent.

(2) We would like to point out that the transmission of data on the Internet (e.g. by e-mail) may have security gaps. Accordingly, error-free and trouble-free protection of third-party data cannot be fully guaranteed. Our liability is excluded in this regard.

(3) Third parties are not entitled to use contact details for commercial activities, provided that the provider has given the affected persons prior written consent.

(4) You have the right to receive complete and free information from Crous Group about the seven-meeting database at any time.

(5) In addition, the user has the right to correct/delete data/restrict processing.

(6) Further information on data protection can be found in the separate privacy policy.

Section 15 cookies

(1) We may use cookies to display the product range. Cookies are small text files that are stored locally in the cache of the site visitor's Internet browser.

(2) Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a string of characters through which websites and servers can be assigned to the specific Internet browser in which the cookie was stored. This enables the websites and servers visited to distinguish the individual browser of the data subject from other Internet browsers that contain other cookies. A specific Internet browser can be recognized and identified via the unique cookie ID.

(3) By using cookies, users of this website can provide users of this website with more user-friendly services that would not be possible without the cookie setting.

(4) We would like to point out that some of these cookies are transferred from our server to your computer system, which are usually so-called session-related cookies. Session-related cookies are characterized by the fact that they are automatically deleted from your hard drive at the end of the browser session. Other cookies remain on your computer system and enable us to recognize your computer system the next time you visit (so-called persistent cookies).

(5) You can object to the storage of cookies; a banner is available here which you can object/accept.

(6) Of course, you can set your browser so that no cookies are stored on the hard drive or cookies that have already been stored are deleted again. The instructions for preventing and deleting cookies can be found in the help function of your browser or software manufacturer.

Section 16 Jurisdiction and Applicable Law

(1) Disagreements and disputes arising from this contract are governed exclusively by the law of the Federal Republic of Germany, excluding the UN Sales Convention.

(2) The sole place of jurisdiction for orders from merchants, legal entities under public law or special funds under public law is the registered office of the provider.

Section 17 Final provisions

(1) The contract language is German.

(2) We do not offer any products or services for purchase by minors. Our products for children can only be purchased by adults. If you are under 18, you may only use Crous Group with the assistance of a parent or legal guardian.

(3) If you violate these terms and conditions and we do not do anything about them, we are still entitled to exercise our rights on any other occasion in which you breach these terms of sale.

(4) We reserve the right to make changes to our website, rules, conditions, including these terms and conditions at any time. Your order is subject to the terms of sale, contract and terms and conditions in force at the time you place your order, unless a change to these terms is required by law or by official order (in which case they also apply to orders that you have previously placed). If any provision in these terms of sale is invalid, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.

(5) The invalidity of one provision does not affect the effectiveness of the other provisions of the contract. Should this occur, the meaning and purpose of the provision shall be replaced by another legally admissible provision that corresponds to the meaning and purpose of the ineffective provision.