1. Validity, offer, conclusion of contract
1.1
For offers and deliveries by Camas GmbH for goods from the Camas GmbH website on Ebay, the following conditions apply exclusively:
1.2
The online offers from Camas GmbH regarding goods and prices as well as the ability to deliver are non-binding. They do not represent an offer, but an invitation to the customer to submit an offer.
1.3
The contract between Camas GmbH and the customer comes about through the online bid of the customer and the acceptance from Camas GmbH.
2. Consumer’s right of withdrawal
2.1
The consumer has the right to revoke his declaration of intent aimed at concluding the contract within one month of the conclusion of the contract. The revocation does not have to contain a reason and must be declared in writing to the contractor or by retrieving the goods. Deadline is sufficient for the timely dispatch.
The revocation must be sent to:
Camas GmbH
Represented by the managing director Markus Schmudde
Am Förderturm 10 – 12
D 44575 Castrop-Rauxel
Email: info@camas.de
2.2
You must send back or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods.
2.3
Excluded from the right of withdrawal are goods that have been manufactured according to customer specifications or are clearly tailored to the personal needs of the customer, sealed audio or video recordings or software, if they have been unsealed by the customer, as well as newspapers, magazines.
3. Shipping costs, terms of payment, delivery
3.1
In the case of bulky goods (e.g. fences and gates, posts and oversizes), the delivery condition “Pick-up from our warehouse in Castrop-Rauxel” generally applies. If shipping is desired, we will organize the transport via a forwarding agent after consultation with you. The shipping costs are either listed separately on the website for each item or are determined by us based on the different quantities and are offered to the customer. Shipments abroad are only invoiced after consultation and according to expenditure.
3.2
The customer can only pay in advance (bank transfer). Alternatively, the customer can request cash on delivery, whereby Camas GmbH is not obliged to consent.
3.3
The granting of a payment term requires an indispensable written agreement. In principle, invoices are due without deduction if the target is granted.
3.4
Allowance of a discount is not permitted.
3.5
Invoices are settled by check or bill of exchange on account of payment and require the indispensable written consent. Discount charges, bill charges and costs are borne by the customer.
Camas GmbH is entitled to offset payments against older debts in spite of the customer’s provisions to the contrary.
Camas GmbH will inform the customer about the type of billing that has taken place. If costs and interest have already arisen, Camas GmbH is entitled to offset the payment first against the costs, then against the interest and finally against the main claim.
3.6
Failed return debits will be charged to the customer at 12 euros per individual transaction and must be reimbursed by him, as will the bank fees incurred by Camas GmbH. If the payment term is exceeded, the customer is in default without a reminder. In this case, in addition to the other legal obligations, the customer has to reimburse the costs of any trade credit insurance taken out for the legal transaction, in particular corresponding premiums and dunning costs in the amount of 5 euros per reminder. The right to assert further damages remains reserved.
3.7
All goods delivered remain the property of Camas GmbH until they have been paid for in full. The customer must store the reserved goods from Camas GmbH separately or mark them clearly. The customer keeps the joint owned goods of Camas GmbH free of charge.
3.8
Camas GmbH is entitled to make partial deliveries within the framework of the statutory provisions. They are considered independent deliveries. In the case of drop shipments, delivery dates are deemed to have been met if the goods leave the supplier in good time so that the delivery arrives at the recipient on time if the transport time is regular.
3.9
Force majeure (e.g. public unrest, etc.), operational disruptions through no fault of its own (e.g. strike, lockout, etc.) and all other circumstances for which Camas GmbH is not responsible (such as faulty or delayed self-supply, failure of the sub-supplier, traffic disruptions etc.) entitle Camas GmbH to stop or postpone delivery in whole or in part to the extent and for the duration of the hindrance. In such cases, Camas GmbH is entitled to deliver with a corresponding delay, including a reasonable preparation time. The customer can request a declaration from Camas GmbH as to whether Camas GmbH wants to withdraw from the contract in whole or in part or to deliver within a reasonable period.
In addition, unless there is an expressly binding written commitment from Camas GmbH, a delivery period is only approximately agreed, subject to correct and timely delivery to us. If the delivery period expressly designated as binding is exceeded by more than 6 weeks, the customer has the right to set a grace period with the indication that he will refuse acceptance of the object of purchase after the period has expired. This grace period must be at least two weeks. If an agreement on a new delivery date is not reached, the customer can withdraw from the contract after the grace period has expired by means of a written declaration.
In the event of refused, delayed or otherwise inappropriate acceptance, the customer has to compensate Camas GmbH, irrespective of his obligation to pay the purchase price, unless the customer is not responsible for the refusal, delay or other irregularity in the acceptance. Entrepreneurs are liable in the event of collection regardless of having to be represented. Several customers are jointly and severally liable for proper acceptance of the goods and payment of the purchase price. Camas GmbH pays each of them with effect for and against all.
In the event of default in acceptance, Camas GmbH will charge 15% of the order price without deductions as compensation instead of performance, unless the customer can prove that the damage did not occur at all or not in the amount of the fixed rate. Camas GmbH reserves the right to provide evidence of greater damage.
3.10
The collection is carried out exclusively by our forwarding agent.
4. Defects
4.1
Obvious defects must be reported in writing immediately after delivery of the goods to the address given below. All other defects must be reported in writing within the warranty period of two years from delivery of the goods. In the event of a not timely or proper complaint, claims from liability for defects are excluded.
4.2
In the event of defects, Camas GmbH will, at its option, either remedy the defect or deliver new goods, unless the type of subsequent performance entails disproportionate costs for Camas GmbH.
4.3
If the defect is not remedied despite two subsequent improvements, if Camas GmbH is not willing or able to carry out improvements and subsequent deliveries, if this is not done within a reasonable period or if the subsequent performance fails for other reasons, the customer is entitled to withdraw from the contract or to demand a corresponding reduction in the purchase price (mitigation).
5. Liability
5.1
Camas GmbH is otherwise contractually, pre-contractually and non-contractually liable for damages or reimbursement of futile expenses caused by Camas GmbH, its legal representatives, employees or vicarious agents, only in the event of intent or gross negligence or in the event of a culpable breach of essential contractual obligations (cardinal obligations) or in the case of culpable damage to life, body or health. Except in the case of willful misconduct or gross negligence, Camas GmbH is only liable for the foreseeable, contract-typical damage, and in the event of delay for a maximum of 5% of the order value.
5.2
Claims for damages against Camas GmbH expire twelve months after their occurrence, unless they result from an unauthorized or intentional act.
5.3
The limitation of liability also extends to the personal liability of employees, legal representatives and vicarious agents of Camas GmbH.
5.4
Claims according to the Product Liability Act, due to fraudulent deception or due to a guarantee assumed by Camas GmbH for the quality of the purchased item remain unaffected, as does the right to demand compensation instead of performance.
6. Data protection
The personal data required to process the contract is provided by the customer. The personal data necessary for the business transaction is stored and, if necessary, passed on to third parties within the framework of the orderly processing of the order. The data is processed in accordance with the provisions of the Federal Data Protection Act and the Teleservices Data Protection Act. All personal data will be treated confidentially. Camas GmbH is obliged to protect customers from any unauthorized access.
7. Place of performance, place of jurisdiction
If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of performance and exclusive place of jurisdiction are Castrop-Rauxel.
Camas GmbH is entitled to sue the customer at any other place where there is a legal place of jurisdiction.
8. Applicable law, subsidiary agreements, written form
8.1
German law applies to the exclusion of the UN purchase law.
8.2
Verbal side agreements do not exist.
8.3
If the terms and conditions require a declaration in writing, this will not be ensured by transmission by fax or email, unless the contrary is stipulated in these terms and conditions.
8.4
Should individual regulations of these terms and conditions be or become ineffective in whole or in part, this shall not affect the validity of the remaining conditions.
Camas GmbH, represented by the managing director Markus Schmudde,
Behringhauser Straße 27
D 44575 Castrop-Rauxel
Castrop-Rauxel, 01.09.2007