Terms and Conditions and Customer Information

Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to contracts concluded between you and us as the provider (Benjamin Reeh) via the website www.camping-pioneers.de/. Unless otherwise agreed, any of your own terms and conditions used by you are hereby rejected.

(2) A consumer, as defined by the following provisions, is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed professional. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

§ 2 Conclusion of Contract

(1) The subject matter of the contract is the sale of goods and/or the provision of repair services and/or the provision of installation services.

(2) By placing the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description. 

(3) The contract is concluded via the online shopping cart system as follows:
The goods and/or repair services intended for purchase are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After clicking the "Checkout" or "Proceed to Order" button  (or similar designation) and entering personal data as well as payment and shipping conditions, the order data is finally displayed to you as an order overview.

If you use an instant payment system (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as a payment method, you will either be directed to the order overview page in our online shop or redirected to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, you make the corresponding selection or enter your data there. Finally, the order data will be displayed to you as an order overview on the website of the instant payment system provider or after you have been redirected back to our online shop.

Before submitting the order, you have the option to review the information in the order overview, change it (also via the "back" function of the internet browser) or cancel the order.
By submitting the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order subject to charge", "pay" / "pay now" or similar designation), you declare your legally binding acceptance of the offer, thereby concluding the contract.
 
(4) Your inquiries for the creation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g. by e-mail), which you can accept within 5 days (unless a different period is specified in the respective offer).

(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract are partly automated by e-mail. You must therefore ensure that the e-mail address you have stored with us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.

§ 3 Individually Designed Goods

(1) You shall provide us with the suitable information, texts or files required for the individual design of the goods via the online ordering system or by e-mail immediately after conclusion of the contract at the latest. Our specifications regarding file formats must be observed.
 
(2) You undertake not to transmit any data whose content violates the rights of third parties (in particular copyrights, name rights, trademark rights) or existing laws. You expressly indemnify us from all claims asserted by third parties in this context. This also includes the costs of the necessary legal representation in this context.
 
(3) We do not check the transmitted data for factual accuracy and therefore accept no liability for errors.

§ 4 Provision of Installation Services
 
(1) If installation services are the subject of the contract, we owe the installation work resulting from the service description. We perform these to the best of our knowledge and belief personally or through third parties.
 
(2) The services are provided on the agreed dates.
 
(3) You are obliged to cooperate. In particular, you must provide access to the premises at the time of providing the installation services in an accessible and reasonably safe condition. Furthermore, you are obliged to provide us with electrical energy and, if necessary, water, as required. We are entitled to terminate the contract part concerning the provision of installation services in accordance with § 643 BGB if you do not comply with your obligations to cooperate. For this purpose, we will set you a reasonable deadline during which you can catch up on the necessary cooperative services.
 
(4) If you make use of your right of termination according to § 648 S. 1 BGB, we can demand a flat-rate remuneration of 10% of the agreed remuneration if the execution has not yet begun. However, if there is a statutory right of withdrawal, this only applies if you make use of your right of termination only after the expiry of the withdrawal period. You reserve the right to prove that we have actually incurred no or significantly lower costs.
 
§ 5 Provision of Repair Services

(1) If repair services are the subject of the contract, we owe the repair work resulting from the service description. We perform these to the best of our knowledge and belief personally or through third parties.

(2) You are obliged to cooperate, in particular you must describe the defect existing on the device as comprehensively as possible and make the defective device available.

(3) You bear the costs for sending the defective device to us.

(4) Unless otherwise stated in the respective offer, the repair including dispatch of the device for shipping will take place within 5 - 7 days after receipt of the device to be repaired (however, in the case of agreed prepayment, only after the date of your payment instruction).

(5) If you make use of your right of termination according to § 648 S. 1 BGB, we can demand a flat-rate remuneration of 10% of the agreed remuneration if the execution has not yet begun. However, if there is a statutory right of withdrawal, this only applies if you make use of your right of termination only after the expiry of the withdrawal period. You reserve the right to prove that we have actually incurred no or significantly lower costs. 

§ 6 Special Agreements on Offered Payment Methods

(1) Payment via Klarna
In cooperation with the payment service provider Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; "Klarna"), we offer the following payment options. Payment is made to Klarna in each case:
  • Direct Debit ("Pay Now")
  • Instant Transfer ("Pay Now")
The use of invoice and/or installment purchase and/or direct debit payment methods requires a positive credit check. In this respect, we forward your data to Klarna during the purchase initiation and processing of the purchase contract for the purpose of address and credit assessment. Please understand that we can only offer you the payment methods that are permissible based on the results of the credit check.

Further information on Klarna and the Klarna Terms of Use for Germany can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user and https://www.klarna.com/de/.

Further information on Klarna and the Klarna Terms of Use for Austria can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/user and https://www.klarna.com/at/.
 
(2) SEPA Direct Debit 
When paying by SEPA direct debit, you authorize us to collect the invoice amount from the specified account by issuing a corresponding SEPA mandate.

The direct debit will be collected within 1-4 days after conclusion of the contract.

The period for submitting the pre-notification is shortened to 5 days before the due date. You are obliged to ensure sufficient funds in the account by the due date. In the event of a chargeback due to your fault, you shall bear the resulting bank fees.

(3) Payment via "PayPal" / "PayPal Checkout"
When selecting a payment method offered via "PayPal" / "PayPal Checkout", payment processing is handled by the payment service provider PayPal (Europe S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" are displayed to you under a correspondingly designated button on our website and during the online ordering process. For payment processing, "PayPal" may use further payment services; insofar as special payment conditions apply, you will be specifically informed about them. Further information on "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.

§ 7 Right of Retention, Retention of Title

(1) You may only exercise a right of retention if it concerns claims arising from the same contractual relationship.

(2) The goods remain our property until full payment of the purchase price.

(3) If you are an entrepreneur, the following also applies:

a) We reserve title to the goods until all claims arising from the ongoing business relationship have been paid in full. Pledging or collateral assignment is not permitted before title to the reserved goods passes.

b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims amounting to the invoice amount that accrue to you from the resale, and we accept this assignment. You remain authorized to collect the claim. However, if you do not properly fulfill your payment obligations, we reserve the right to collect the claim ourselves.

c) In the event of commingling or mixing of the reserved goods, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.

d) We undertake to release the securities due to us at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.

§ 8 Warranty

(1) The statutory liability rights for defects apply.

(2) If you are informed by us before submitting the contractual declaration and this has been expressly and separately agreed, the limitation period for claims for defects for used goods is one year from the delivery of the goods. The above limitation does not apply:

- for damages culpably caused by us resulting from injury to life, body or health and for other damages caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or have given a guarantee for the quality of the goods.
 
(3) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty claims.

(4) Insofar as a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed to have been agreed if you were informed of it by us before submitting your contractual declaration and the deviation was expressly and separately agreed upon between the contracting parties.

(5) If you are an entrepreneur, the following shall apply deviating from the above warranty provisions:

a)  Only our own information and the manufacturer's product description shall be deemed to be agreed as the quality of the goods, but not other advertising, public promotions and statements made by the manufacturer.

b)  In the event of defects, we shall, at our discretion, provide a warranty by rectification or replacement delivery. If the rectification of defects fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after the second unsuccessful attempt, unless the nature of the goods or the defect or other circumstances indicate otherwise. In the event of rectification, we shall not be obliged to bear the increased costs incurred by moving the goods to a location other than the place of performance, unless the movement corresponds to the intended use of the goods.

c)  The warranty period is one year from the delivery of the goods. The reduction of the period does not apply:

- for damages culpably caused by us resulting from injury to life, limb or health and for other damages caused intentionally or by gross negligence;
- if we have fraudulently concealed the defect or have given a guarantee for the quality of the item;
- for items that have been used for a building in accordance with their usual use and have caused its defectiveness;
- for statutory rights of recourse that you have against us in connection with defect rights.

§ 9 Choice of Law

(1) German law applies. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favourability).

(2) The provisions of the UN Convention on Contracts for the International Sale of Goods are expressly not applicable.




II. Customer Information

1. Identity of the Seller

Benjamin Reeh
Fasanenanger 6
97437 Haßfurt
Germany
Phone: +493643 8780470
Email: info@camping-pioneers.de


We are not willing and not obliged to participate in dispute resolution proceedings before consumer arbitration boards.

2. Information on the Conclusion of the Contract

The technical steps for concluding the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions "Conclusion of the contract" in our General Terms and Conditions (Part I.).

3. Contract Language, Storage of Contract Text

3.1. The contract language is German .

3.2. The complete contract text is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed out or saved electronically using the browser's print function. After receipt of the order by us, the order data, the legally required information for distance selling contracts and the General Terms and Conditions will be sent to you again by e-mail.

3.3. For offer requests outside the online shopping cart system, you will receive all contract data in text form as part of a binding offer, e.g. by e-mail, which you can print out or save electronically.

4. Essential Characteristics of the Goods or Service

The essential characteristics of the goods and/or service can be found in the respective offer.

5. Prices and Payment Terms

5.1. The prices quoted in the respective offers and the shipping costs are total prices. They include all price components including all applicable taxes.

5.2. The applicable shipping costs are not included in the purchase price. They can be viewed via a correspondingly labelled button on our website or in the respective offer, will be shown separately during the order process and must be borne by you in addition, unless free shipping has been agreed.

5.3. If delivery is made to countries outside the European Union, further costs for which we are not responsible may arise, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of credit institutions), which you must bear.

5.4. Incurred costs of money transfer (transfer or exchange rate fees of credit institutions) are to be borne by you in cases where delivery is made to an EU member state, but payment was initiated outside the European Union.

5.5. The payment methods available to you are indicated under a correspondingly labelled button on our website or in the respective offer.

5.6. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.

6. Delivery Conditions

6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labelled button on our website or in the respective offer.

6.2. If you are a consumer, it is legally stipulated that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.

If you are an entrepreneur, delivery and shipment are at your risk.

7. Statutory Liability for Defects

Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).

8. Termination

8.1. Information on the termination of the contract and the termination conditions can be found in the provisions on "Assembly services" in our General Terms and Conditions (Part I) and in the respective offer.

8.2. Information on the termination of the contract and the termination conditions can be found in the provisions on "Repair services" in our General Terms and Conditions (Part I) and in the respective offer.

These GTC and customer information were created by the lawyers specialising in IT law of Händlerbund and are continuously checked for legal conformity. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.

Last updated: 22.10.2024


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