Terms of service
AGB, §§ 305 ff. BGB
Terms of Service
1. Scope, §§ 305 ff. BGB
The following terms and conditions according to §§ 305 ff.
A consumer is any natural person in accordance with Section 13 of the German Civil Code (BGB) who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is a natural or legal person or a legal partnership according to § 14 BGB who, when concluding a legal transaction, acts in their commercial or independent professional activity.
The following also applies to entrepreneurs: If the entrepreneur uses conflicting or additional general terms and conditions, their validity is hereby rejected; they only become part of the contract if we have expressly consented to this.
2. Contractual partner and conclusion of contract
The purchase contract is concluded with Camptools GmbH, §§ 133, 157 in conjunction with 433 BGB, represented by the managing director.
Camptools GmbH sells modular furniture for motor vehicles as well as for other areas (outdoor / events / temporary use). Furthermore, Camptools GmbH sells outdoor and camping articles of all kinds. Our customers are both private individuals in the role of consumers and companies in the role of entrepreneurs. We reserve the right to offer a direct factory outlet at the Münster location.
We deliver our products via DHL. Attached are printed instructions as well as options for an online tutorial to guarantee smooth installation.
The purchase contract is concluded with the effective conclusion, §§ 433 in conjunction with 133, 157 BGB.
3. Contract language, contract text storage
The language available for the conclusion of the contract is generally German.
We save the contract text and send you the order data and our terms and conditions in text form after a corresponding separate request. For security reasons, the text of the contract can no longer be accessed online via the Internet.
4. Terms of delivery
In addition to the stated product prices, there are also shipping costs. You can find out more about the amount of shipping costs in the offers, depending on the weight of the product. We deliver our products via DHL. We only deliver by post.
5. Payment methods
In our company, the following payment methods are available to you at home and abroad:
Payment in advance
When choosing the payment method for consumers and companies in advance, we will give you our bank details in a separate email and deliver the goods after receipt of payment (advance payment). Other payment options are only possible after a written agreement.
6. Right of withdrawal
Consumers have the statutory right of withdrawal, as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal (see IV below).
7. Retention of Title
7.1 Retention of title
The goods remain our property until they have been paid for in full, § 449 BGB.
For entrepreneurs, the following also applies: We reserve ownership of the goods until all claims from an ongoing business relationship have been settled in full. As an entrepreneur, you may resell the reserved goods in the ordinary course of business; You assign all claims arising from this resale to us in advance - regardless of whether the reserved goods are combined or mixed with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations on time.
7.2 Image usage rights
We work with registered trademarks as brands.
The use and further commercial use of our image and text materials always requires our written consent in accordance with Section 126 of the German Civil Code (BGB).
The online sale of our products by customers always requires our express consent, because the installation requires comprehensive professional advice due to safety-related aspects for use in motor vehicles.
8. Transport damage
The following applies to consumers: If goods are delivered with obvious transport damage, please report such errors to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to assert our own claims against the carrier or the transport insurance.
The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration is transferred to you as soon as we have delivered the item to the freight forwarder, the carrier or the person or institution otherwise assigned to carry out the shipment. The duty of inspection and notification of defects regulated in Section 377 of the German Commercial Code (HGB) applies to traders. If you omit the notification regulated there, the goods are considered approved, unless it is a matter of a defect that was not recognizable during the examination. This does not apply if we have fraudulently concealed a defect.
9. Warranties and Guarantees
Unless otherwise expressly agreed below, the statutory warranty law, §§ 434 ff. BGB applies.
For entrepreneurs, the limitation period for claims for defects in newly manufactured items is 1 year from the transfer of risk. The sale of used goods takes place under the exclusion of any warranty". The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected. With regard to entrepreneurs, only our own information and the manufacturer's product descriptions, which were included in the contract, apply as an agreement on the quality of the goods; We assume no liability for public statements by the manufacturer or other advertising statements. If the delivered item is defective, we shall initially provide a guarantee to entrepreneurs, at our option, by eliminating the defect (repair) or by delivering a defect-free item (replacement delivery).
The above restrictions and shortened deadlines do not apply to claims based on damage caused by us, our legal representatives or vicarious agents
-in the event of injury to life, body or health
- in the event of willful or grossly negligent breach of duty
as well as malice
- in the event of a breach of essential contractual
obligations, the fulfillment of which enables the proper
execution of the contract in the first place and
compliance with which the contractual partner may
regularly rely (cardinal obligations)
as part of a guarantee promise, if agreed, or
as far as the scope of the product liability law is opened.
Information on any additional guarantees that may apply and their precise conditions can be found with the product and on special information pages.
We are only liable for claims based on damage caused by us, our legal representatives or vicarious agents in the following cases:
in the event of injury to life, body or health
in the event of willful or grossly negligent breach of duty
in the case of guarantee promises, if agreed, or
as far as the scope of the product liability law is opened.
In the event of a breach of essential contractual obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner can regularly rely (cardinal obligations) through slight negligence on the part of us, our legal representatives or vicarious agents, the amount of liability is foreseeable at the time the contract was concluded Damage limited, the occurrence of which can typically be expected. In addition, claims for damages are expressly excluded.
11. Dispute Resolution
The European Commission provides a platform for online dispute resolution, which you can find at www.ec.europa.eu/consumers/odr. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
12. Final provisions
If you are an entrepreneur, German law applies to the exclusion of the UN sales law.
If you are a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.