General Terms and Conditions and Customer Information

General Terms and Conditions and Customer Information.

I. General Terms and Conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to contracts you enter into with us as the service provider. (Benjamin Reeh) The agreement is concluded via the website campingpiuneers.com/. Unless otherwise agreed, the inclusion of any terms and conditions you may use is hereby rejected.

(2) For the purposes of the following provisions, “consumer” refers to any natural person who enters into a legal transaction for purposes that are not primarily related to their commercial or self-employed professional activity. “Entrepreneur” refers to any natural or legal person, or any legal entity with the capacity to enter into legal transactions, who acts in the exercise of their self-employed professional or commercial activity when entering into a legal transaction.

§ 2 How the contract came into being.

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

(2) As soon as we list a product on our website, we provide you with a binding offer to conclude a contract for the online shopping cart system, subject to the terms and conditions specified in the product description. 

(3) The contract is concluded via the online shopping cart system as follows:
The goods and/or repair services that you intend to purchase are placed in the “shopping cart.” You can access the “shopping cart” via the corresponding button in the navigation bar and make changes to it at any time.
After clicking the “Checkout” or “Continue to Order” button.
  (or a similar term) After you have entered your personal data and the payment and shipping details, the order details will be displayed to you as an order summary.

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


Before submitting your order, you have the opportunity to review the information in the order summary again, to make changes (including using the “back” function in your internet browser), or to cancel the order.
By submitting your order via the corresponding button (“place binding order”, “buy” / “buy now”, “place paid order”, “pay” / “pay now”, or similar wording), you legally agree to accept the offer, thereby concluding the contract.
 
(4) Your requests for a quote are non-binding. We will provide you with a binding offer in writing (e.g., via email), which you can accept within 5 days (unless a different deadline is specified in the respective offer).

(5) The processing of the order and the transmission of all information required for the conclusion of the contract are partly automated and carried out via email. Therefore, you must ensure that the email address you have provided to us is accurate, that the receipt of emails is technically guaranteed, and that it is not blocked by spam filters in particular.

§ 3 Individually designed products.

(1) You will provide us with the necessary information, texts, or files required for the individual design of the products via the online ordering system or by email, and no later than immediately after the conclusion of the contract. Please note any specifications we may have regarding file formats.
 

(2) They undertake not to transmit any data whose content infringes the rights of third parties (in particular, copyright, personal rights, trademark rights) or violates existing laws. They expressly release us from all claims asserted by third parties in this context. This also includes the costs of the legal representation required in this context.
 

(3) We do not check the submitted data for factual accuracy and therefore assume no liability for any errors.

§ 4 Provision of services in connection with installation work.
 
(1) To the extent that assembly services are part of the contract, we are obligated to perform the assembly work as described in the scope of services. We will perform this work to the best of our ability, either personally or through third parties.
 
(2) The services will be provided on the agreed-upon dates.
 
(3) You are obligated to cooperate. In particular, you must ensure that the premises are accessible and in a reasonably safe condition at the time the installation services are performed. Furthermore, you are obligated to provide us with electricity and, if necessary, water, to the extent required. We are entitled to terminate the contract regarding the provision of installation services pursuant to § 643 BGB if you fail to fulfill your obligations to cooperate. To this end, we will set a reasonable deadline during which you can fulfill the necessary obligations to cooperate.
 
(4) If you exercise your right to cancel under § 648, paragraph 1 of the German Civil Code (BGB), we may demand a lump-sum payment of 10% of the agreed payment if the work has not yet begun. However, this only applies if the statutory right of withdrawal exists and you exercise your right to cancel only after the withdrawal period has expired. You retain the right to prove that we have not incurred any costs or only significantly lower costs.
 
§ 5 Provision of services during repairs.

(1) To the extent that repair services are part of the contract, we are obligated to perform the repair work as specified in the service description. We will perform this work to the best of our ability, either personally or through third parties.

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

(3) You are responsible for the costs of sending the defective device to us.


(4) Unless otherwise stated in the respective offer, the repair, including the preparation of the device for shipping, will be carried out within 5 to 7 days after receipt of the device to be repaired (however, in the case of an agreed advance payment, only after the date of your payment instruction).

(5) If you exercise your right to cancel under § 648, paragraph 1 of the German Civil Code (BGB), we may demand a lump-sum payment of 10% of the agreed payment if the work has not yet begun. However, this only applies if the statutory right of withdrawal exists and you exercise your right to cancel only after the withdrawal period has expired. You retain the right to prove that we have not incurred any costs or only significantly lower costs. 

§ 6 Special agreements regarding the payment methods offered.

(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”)
Using the payment methods of invoice and/or installment purchase and/or direct debit requires a positive credit check. To this end, we will forward your data to Klarna as part of the purchase initiation and processing for the purpose of address and credit check. Please understand that we can only offer you those payment methods that are permitted based on the results of the credit check.

For more information about Klarna and the Klarna Terms of Use for Germany, please visit: https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user and https://www.klarna.com/de/.

For more information about Klarna and the Klarna Terms of Use for Austria, please visit: 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 you pay by SEPA direct debit, you authorize us, by providing a corresponding SEPA mandate, to debit the invoice amount from the specified account.


The direct debit will be processed within 1-4 Days after the contract is concluded.

The deadline for submitting the advance notification (Pre-Notification) is reduced to 5 days before the due date. You are obligated to ensure that the account has sufficient funds to cover the amount due on the due date. In the event of a rejected payment due to your fault, you will be responsible for paying the resulting bank charges.

(3) Payment via “PayPal” / “PayPal Checkout”
When selecting a payment method offered via “PayPal” / “PayPal Checkout”, the 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 offered via “PayPal” will be displayed to you under a correspondingly labeled button on our website and during the online ordering process. For payment processing, “PayPal” may use other payment services; if special payment conditions apply, you will be informed separately. Further information about “PayPal” can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.


§ 7 Right of retention, reservation of ownership

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

(2) The goods remain our property until the purchase price has been paid in full.

(3) If you are an entrepreneur, the following additional points apply:

a) We reserve ownership of the goods until all outstanding claims arising from the ongoing business relationship have been settled in full. Prior to the transfer of ownership of the reserved goods, any pledge or transfer of security is not permitted.

b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims arising from the resale, up to the amount of the invoice, and we accept this assignment. You remain authorized to collect the claim. However, if you fail to fulfill your payment obligations properly, we reserve the right to collect the claim ourselves.

c) When the reserved goods are combined and mixed with other materials, we acquire co-ownership of the new product in proportion to the invoice value of the reserved goods compared to the other processed items at the time of processing.

d) We undertake to release any collateral held by us at your request, to the extent that the realizable value of our collateral exceeds the amount of the claim to be secured by more than 10%. The selection of the collateral to be released is at our discretion.


§ 8 Warranty

(1) The statutory warranty rights apply.

(2) To the extent that you are informed of this before submitting your contract declaration and this has been expressly and separately agreed upon, the limitation period for claims regarding defects in used goods shall be one year from the date of delivery of the goods. The above limitation does not apply to:

- for damages caused by our culpable actions that result in injury to life, limb, or health, and for other damages caused intentionally or through gross negligence;
- insofar as we have knowingly concealed the defect or have provided a guarantee for the quality of the goods.
 
(3) As a consumer, you are requested to check the goods for completeness, obvious defects, and damage caused during transport immediately upon delivery and to notify us and the shipping company of any complaints as soon as possible. Failure to do so will not affect your statutory warranty rights.

(4) To the extent that a characteristic of the goods deviates from the objective requirements, such deviation shall only be considered as agreed upon if you were informed of it before submitting your declaration of intent and if the deviation was expressly and separately agreed upon between the parties to the contract.

(5) If you are a business owner, the following warranty regulations apply instead of the ones mentioned above:

a)  Only our own specifications and the manufacturer’s product description shall be considered as agreed upon regarding the characteristics of the goods; other forms of advertising, public statements, and pronouncements made by the manufacturer shall not be considered.

b)  In the event of defects, we will, at our discretion, provide a warranty by rectifying the defect or delivering a replacement. If the rectification of the defect fails, you may, at your discretion, request a reduction in price or withdraw from the contract. The rectification of the defect is considered unsuccessful after a second unsuccessful attempt, unless the nature of the goods or the defect, or other circumstances, indicate otherwise. In the event of rectification, we are not required to bear any increased costs incurred by transporting the goods to a location other than the place of performance, provided that such transport does not correspond to the intended use of the goods.

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


- for damages caused by our culpable actions that result in injury to life, limb, or health, and for other damages caused intentionally or through gross negligence;
- if we knowingly concealed the defect or provided a guarantee regarding the quality of the item;
- in the case of items that have been used in a building in accordance with their intended purpose and have caused a defect in the building;
- in the event of statutory claims for recourse that you may have against us in connection with warranty rights.

§ 9 Choice of law

(1) German law shall apply. In the case of consumers, this choice of law shall only apply to the extent that it does not deprive the consumer of the protection granted by the mandatory provisions of the law of the consumer’s country of habitual residence (favourability principle).

(2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply.





II. Customer Information

1. Seller’s identity.

Benjamin Reeh
Pheasant’s Anger 6
97437 Haßfurt
Germany
Phone: +493643 8780470
Email: info@camping-pioneers.de



We are not prepared and not obligated to participate in dispute resolution proceedings before consumer arbitration bodies.

2. Information on how the contract was concluded.

The technical steps involved in concluding the contract, the actual conclusion of the contract, and the options for making corrections are governed by the provisions under “Conclusion of the Contract” in our General Terms and Conditions (Part I).

3. Contract language, storage of the contract text.

3.1. The language of the contract is German. .

3.2. We do not store the complete contract text. Before submitting your order. about the online shopping cart system. The contract data can be printed using the browser’s print function or saved electronically. Once we have received your order, the order data, the legally required information for distance selling contracts, and the general terms and conditions will be sent to you again by email.

3.3. If you request a quote outside of the online shopping cart system, you will receive all contract details in writing as part of a binding offer, e.g., via email, which you can then print or save electronically.

4. Key features of the product or service.

The key features of the product and/or service can be found in the respective offer.

5. Prices and payment terms.

5.1. The prices listed in the respective offers, as well as the shipping costs, represent 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 found by clicking on the corresponding button on our website or in the respective offer, will be displayed separately during the ordering process, and must be paid by you in addition, unless free shipping is offered.

5.3. If the delivery is made to countries outside the European Union, additional costs beyond our control may arise, such as customs duties, taxes, or money transfer fees (transfer or exchange rate fees charged by financial institutions), which you will be responsible for covering. 

5.4. Costs incurred for the transfer of funds. (Transfer or exchange rate fees charged by credit institutions) You are responsible for paying these fees in cases where the delivery is made to a member state of the EU, but the payment is made outside the European Union.

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

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

6. Terms of delivery.

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

6.2. If you are a consumer, the law stipulates that the risk of accidental loss or accidental deterioration of the goods sold 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 engaged a transport company not nominated by the entrepreneur or any other person designated to carry out the shipment.

If you are a business owner, delivery and shipping will be at your own risk.

7. Statutory warranty rights.

The liability for defects is governed by the “Warranty” clause in our General Terms and Conditions (Part I).

8. Termination.

8.1. Information about terminating the contract and the terms of termination can usually be found in the section on “Installation Services” in our General Terms and Conditions (Part I) and in the respective offer.

8.2. Information about terminating the contract and the terms of termination can usually be found in the section on “repair services” in our General Terms and Conditions (Part I) and in the respective offer.

These terms and conditions and customer information were created by the lawyers of the Händlerbund, who specialize in IT law, and are continuously reviewed to ensure they comply with current legislation. Händlerbund Management AG guarantees the legal validity of the texts and assumes liability in the event of legal warnings. Further information can be found at: https://www.haendlerbund.de/de/services/legal certainty/terms and conditions service.

last updated: 22.10.2024