General Terms and Conditions

 
Contract terms for contracts 
between 
 
MAXXCAMP® GmbH
Hindenburgstraße 10
88499 Riedlingen
Germany
Phone: +49 (0) 7371 1059922
eMail: mail@maxxcamp.de

registered in the commercial register of the District Court of Ulm, under HRB 728703, represented by Martin Schlegel, VAT ID: DE 287179789, hereinafter referred to as “Provider”,
 
- and the customer designated in § 2 of the Contract, hereinafter referred to as the "Customer".

 

1. Scope, definitions

  (1) For the business relationship between Provider and the Customer, the following general terms and conditions apply in their valid form at the time of the order. Any deviating conditions applied by the purchaser shall not be recognised, unless the Provider agrees to their validity in writing.

  (2) The Customer is a consumer, provided that the purpose of the deliveries and services ordered cannot be primarily attributed to the consumer's commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or unincorporated organisation who, on conclusion of the Contract, is exercising their commercial or independent professional activity.


2. Conclusion of the contract

  (1) The presentation of goods in the Webshop does not constitute a legally binding offer on the part of the Provider to conclude a purchase contract.

  (2) The Customer can select from the range of the Provider's products and add these to the so-called shopping basket via the "Add to Cart" button. By clicking on the button "Place order", the Customer submits a binding offer to buy the goods in the basket. Before submitting the order, the Customer can review and change any data at any time. However, the Customer may then submit their order only after indicating acceptance of these general terms and conditions by clicking on the button "I've read and agree with the General Terms & Conditions and Privacy Policy"; this action makes these terms and conditions an integral part of your order.

  (3) The Provider then sends the Customer an automatic acknowledgment of receipt by eMail, in which the Customer's order is again set out and which the Customer can print. The automatic acknowledgment of receipt merely documents that the Customer's order has been received by the Provider and does not constitute acceptance of the application. The Contract will only be formed upon the Provider sending a notice of acceptance by a separate eMail (acknowledgement of order). In this eMail or in a separate eMail, but no later than upon delivery of the goods, the contract text (consisting of order, Terms and Conditions and order confirmation) will be sent to the Customer in a durable medium (e-mail or hard copy) by us (Contract confirmation). The text of the Contract will be stored in compliance with data protection legislation.

  (4) The Contract is concluded in English.


3. Availability of goods

  (1) If any of the selected products are not available at the time the Customer places an order, then the Supplier will inform the Customer immediately in the order acceptance e-mail. If the product is permanently out of stock, the Provider will not issue a declaration of acceptance. In this case, a Contract will not be concluded.

  (2) If the product ordered by the Customer is only temporarily unavailable, the Provider will likewise immediately inform the Customer in the order confirmation.


4. Reservation of title

  (1) The delivered goods remain the property of the Supplier until payment in full.

  (2) Any processing or transformation of the reserved goods by the buyer is always carried out for us. If the goods to which we retain the title are processed with other items that do not belong to us, we shall acquire joint ownership of the new item proportional to the value of its contribution (final invoice amount including VAT) compared to the value of the other goods included in the final processed product. For all other purposes, the terms applicable to the goods for which we retain title shall apply to these new goods resulting from such processing. If the goods are inseparably connected or mixed with other items not belonging to us, we shall acquire joint ownership of the new item proportional to the value of its contribution (final invoice amount including VAT) compared to the value of the other goods included in the final processed or mixed product. If the goods are connected or mixed in such a way that the Customer's item must be regarded as the main item, the Customer and the Provider hereby agree to assign a proportional joint ownership interest in said item to us at this time. We herewith accept such assignment. The Customer shall hold the resulting sole or joint ownership of said item on our behalf.


5. Prices and shipping costs

  (1) All prices indicated on the Provider's website are inclusive of applicable taxes.

  (2) The order will be shipped by post or shipping service. The shipping risk will be borne by the Provider when the Customer is a consumer.

  (3) In the event of revocation, the Customer shall bear the direct costs of the return shipment.


6. Payment terms

  (1) Payment is possible as follows: Cash on Collection, Prepayment / Bank Transfer or PayPal Plus (PayPal, Credit Card, Direct Debit), In the case of shipping, exclusively by Prepayment or PayPal Plus.

  (2) To the extent not agreed otherwise, the purchase price is payable immediately upon conclusion of the contract. If a calendar date has been specified for payment, the Customer will be in default if the date is not observed.

  (3) The Customer's obligation to pay default interest does not excludes the enforcement of further damages payable to the Supplier which are caused by the default.


7. Warranty for material defects, Guarantee

  (1) The Provider shall be liable for defects in accordance with the applicable statutory provisions, particularly sections 434 et seq. BGB (German Civil Code). The warranty period for items supplied by the Provider to entrepreneurs is 12 months.

  (2) An additional warranty exists for goods delivered by the Supplier only if this has been expressly stated in the order confirmation of the item in question.


8. Liability

  (1) Customer claims for compensation are excluded. This excludes Customer claims for damages resulting from injury to life, limb, health or from the breach of essential obligations (cardinal obligations), as well as liability for other damages caused by an intentional or grossly negligent breach of duty by the Provider, their legal representatives or agents. Essential contractual obligations are those the fulfilment of which is necessary to achieve the objective of the contract.

  (2) In the event of a breach of the essential contractual obligations, the Provider shall be liable only for damage of a nature that is foreseeable and typical for this type of contract and which is caused by recklessness unless the claim is based on injury to life, limb or health.

  (3) The limitations of paragraphs 1 and 2 shall also apply to the legal representatives and vicarious agents of the Provider, if claims are made directly against them.

  (4) The limitations on liability set out in paragraphs 1 and 2 do not apply if the Provider maliciously concealed the defect or assumed a guarantee for the quality of the item. The same shall apply if the Provider and the Customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected.


9. Cancellation policy

  (1) Consumers fundamentally have a statutory cancellation right when concluding a contract concluded outside of business premises and when concluding a distance contract; the Provider provides information concerning this right below based on the statutory template. The exceptions to the cancellation right are described in paragraph (2). An sample cancellation form can be found in paragraph (3).

Cancellation right

You have the right to withdraw from this contract within fourteen days of conclusion without the need for explanation.
The cancellation period is fourteen days from the day on which you, or a third party designated by you who is not the carrier, take possession of the goods.

To be able to exercise your cancellation right, you must inform us: (MAXXCAMP GmbH, Hindenburgstraße 10, 88499 Riedlingen, Tel.: 49 (0) 7371 1059922, E-mail: mail@maxxcamp.de) by means of a written notice (sent by post, fax or email) that clearly expresses your intention to rescind from the contract. You may use the sample cancellation form, but this is not obligatory. In order to comply with the cancellation period, it is sufficient for you to send the notification to exercise your right of cancellation before the expiry of the cancellation period.

Consequences of cancellation

If you withdraw from this contract, we will refund all payments we received from you, including shipment costs (except for additional costs arising when you choose a way of delivery different from the most cost-efficient standard delivery offered by us) immediately and at least within fourteen days from the day we received the notification of withdrawal from this contract. The refund shall be issued via the same payment method that you provided for the original transaction, unless otherwise explicitly agreed with you; under no circumstances will you be charged fees for the processing of this refund.

We may refuse to pay the refund until the goods have been returned to us, or until you have provided evidence that you have shipped the goods back, whichever comes first.

You must return or hand over the goods to us immediately, in any event no later than fourteen days from the date on which you notified us that you were cancelling this contract. The deadline is met if you send the items back before the period of fourteen days has expired.

You bear the direct costs of returning the goods.

You must only compensate any loss to value of the goods if this loss of value is due to handling unnecessary for the examination of the nature, characteristics and functioning of the goods.

  (2) Unless the parties have agreed otherwise, the cancellation right does not apply to the following: Contracts for the delivery of goods which are not prefabricated and for the production of which an individual choice or decision by the consumer is required or which are clearly tailored to the personal needs of the consumer.

  (3) The Provider hereby provides information about the sample cancellation form according as provided by statute below:

Sample cancellation form

(If you would like to cancellation the contract, please complete this form and send it back to us.)

— To [MAXXCAMP GmbH, Hindenburgstraße 10, 88499 Riedlingen, Phone: 49 (0) 7371 1059922, e-mail: mail@maxxcamp.de]:

— I/We (*) hereby give notice of cancellation from my/our (*) contract of sale for the following goods (*)/provision of the following service (*)

— Ordered on (*) / received on (*)

— Consumer name(s)

— Address of consumer(s)

— Signature of consumer(s) (only if this form is notified on paper)

— Date

(*) Strike out as applicable


10. Final provisions

  (1) For any contract between the Provider and the Customer, the law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory rules limiting the choice of law and the applicability of mandatory provisions, in particular of the state in which the user as consumer has his habitual residence, remain unaffected.

  (2) Provided that the Customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Provider is the Provider's head offices.

  (3) The rest of the contract shall remain binding even if individual provisions should prove to be legally invalid. Statutory provisions, if available, shall replace the ineffective provisions. Insofar as this would constitute an unreasonable hardship to a party to the contract, however, the contract as a whole shall be deemed ineffective.


11. Online Dispute Resolution

The European Commission provides a platform for online dispute resolution (ODR) which is located here: www.ec.europa.eu/consumers/odr Our e-mail address is located in our Imprint. We are neither obliged nor prepared to participate in the dispute settlement procedure.

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