General Terms and Conditions and Consumer Information
§ 1 Basic Provisions
(1) The following terms and conditions apply to all contracts between integer_net GmbH, Trierer Straße 791, 52078 Aachen, Deutschland – hereinafter referred to as supplier - and the customer that are concluded via the supplier’s webpage www.spacecamper-shop.de. Unless agreed otherwise, the inclusion of the customer’s own terms and conditions is hereby refuted.
(2) According to the following regulations, consumer will be any physical person who concludes a legal transaction for a purpose which cannot be attributed to its commercial or independent professional activity. Contractor will be any physical or legal person or partnership with legal capacity who/which acts in the exercise of his/its independent professional or commercial activity when concluding a legal transaction.
(3) The contract language is German. The supplier will not store the entire text of the contract. Before dispatching the order via the online shopping cart system it is possible to print out the contract data using the browser print function or save it electronically. After the order has been received by the supplier, the ordering data, the information on distance selling contracts required by law and the general terms and conditions will be sent to the customer once again via e-mail.
§ 2 Subject Matter of the Contract
The subject matter of the contract is the sale of goods. The details, especially the essential features of the goods can be found in the product description and the additional statements on the supplier’s webpage.
§ 3 Contract Formation
(1) The supplier’s product presentations on the internet are without obligation and not a binding offer to conclude a contract.
(2) The customer may make a binding offer of purchase (order) via the online-shopping cart system.
At the same time, the goods intended for purchase will be placed in the “shopping cart”. By using the corresponding button the customer is able to call up the “shopping cart” and to carry out changes there at any time. After calling up the page “checkout” and entering the personal data as well as the method of payment and shipping terms, all ordering data will be conclusively displayed once again on the order summary page.
Before dispatching the order, the customer will be able to review or change all data once again (even via the “back” function of the browser), or cancel the purchase.
By dispatching the order using the button "buy" customer makes a binding offer to the supplier.
The customer will initially receive an automatically generated e-mail regarding the receipt of his order which is still not the conclusion of a contract.
(3) The acceptance of the offer (and thus the conclusion of the contract) shall occur within 2 days through confirmation in text format (e.g. e-mail), in which the customer confirms the execution of the order or delivery of the goods (order confirmation).
Should the customer not receive any corresponding notice within this period of time, he is no longer bound by his order. If any payments have been made, they will be refunded without delay in this case.
(4) The handling of the order and the transmission of all information required in connection with the conclusion of the contract is made via e-mail and is partly automatized. The customer therefore has to ensure that the e-mail address forwarded to the supplier is correct and that e-mail receipt is technically ensured and especially not prevented by spam filters.
§ 4 Prices, Delivery Charges
(1) The prices presented in the respective offers as well as the delivery charges are final prices. They include all price components including all taxes incurred.
In case of delivery to a non-EU country, additional customs duties, taxes, or fees may have to be paid by the customer not to the vendor, but to the responsible customs or revenue authorities there. The customer is recommended to find out about the details before the order by contacting customs and revenue authorities.
(2) The delivery charges incurred are not included in the purchase price. They are available on the page “Payment and Shipping“, are shown separately during the ordering procedure, and have to be paid additionally by the customer, unless delivery free of delivery charges is confirmed.
(3) The customer receives an invoice with VAT shown.
§ 5 Payment and Shipping Terms
(1) The conditions for payment and shipping can be found by clicking the button with the same name in the navigation bar.
(2) Unless indicated otherwise for the payment methods, payment claims from concluded contracts are due for payment immediately.
(3) If a product ordered by the customer is unexpectedly not available despite the timely conclusion of an adequate hedging transaction for reasons for which the supplier is not responsible, the customer will be informed about the non-availability without delay and in the case of withdrawal any already made payments will be refunded.
(4) Regardless whether the consignment is insured or not, there is a statutory regulation in favour of the consumer that the danger of accidental destruction and accidental impairment of the sold item during shipment is transferred to the customer only upon the delivery of the goods.
§ 6 Return Costs in the Exercise of the Cancellation Right
If the statutory cancellation right applicable for consumers is exercised in distance selling contracts is exercised, it is agreed that the customer has to bear the regular return costs if the goods delivered correspond to the goods ordered. In all other cases, the supplier bears the return costs.
§ 7 Lien, Retention of Title
(1) The customer may only exercise a right of retention if the claims concern the very same contractual relationship.
(2) The goods remain the property of the supplier until the complete payment of the purchase price.
§ 8 Warranty
(1) The statutory regulations apply.
(2) As a consumer, the customer is requested to immediately check the goods in terms of completeness, apparent defects and transport damage upon delivery and notify complaints to the supplier and the freight forwarder as quickly as possible. If the customer does not comply, this will have no bearing on the legal warranty claims.
§ 9 Liability
(1) The supplier will be fully liable in each case for damage arising from injury to life, body or health, in all cases of intent and gross negligence, for malicious concealment of a defect, for acceptance of the guarantee for the condition of the item of purchase, for damage in accordance with the Product Liability Act [Produkthaftungsgesetz], and in all other cases regulated by the law.
(2) As far as material contractual obligations are concerned, the supplier’s liability for slight negligence is restricted to foreseeable damage typical for the contract. Material contractual obligations are obligations that arise from the contract’s nature and whose violation would jeopardise achieving the purpose of the contract as well as obligations which the contract imposes on the supplier in accordance with its content to achieve the purpose of the contract, whose fulfilment renders the proper performance of the contract possible in the first place and on whose adherence the customer may rely.
(3) If unessential contractual obligations are violated, liability for slight negligence is excluded.
(4) Data communication via Internet cannot, considering the current state of technology, be guaranteed to be error-free and/or available at any time. Inasmuch, the supplier will not be liable either for constant or uninterrupted availability of the web page and the service offered there.
§ 10 Choice of Law, Place of Performance, Place of Jurisdiction
(1) Only German law is valid. This choice of law and jurisdiction applies only to customers, if the customer is not stripped of protection that is granted through mandatory provisions of the law of the country where the customer usually resides (Günstigkeitsprinzip).
(2) The place of performance for all services that arise from business relations with the supplier as well as the place of jurisdiction is the supplier’s place of business, but only if the customer is not a consumer but a merchant, a legal person under public law, or a corporation under public law. The same applies if the customer does not have a general venue in Germany or the EU, or if his place of residence or habitual residence is unknown at the time of the commencement of proceedings. This will not affect the authority also to invoke the courts at another legal place of jurisdiction.
(3) The provisions of UN Sale of Goods law expressly do not apply.
These General Terms and Conditions were drawn up by the Händlerbund lawyers specialised in IT law and are permanently checked for conformity with the law. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of adhortatory letters. For further information on this, please see: http://www.haendlerbund.de/agb-service.
This translation is for information purposes only and has no legal status. In the case of dispute, German Law will apply, unless superseded by European Law.