Terms and conditions

General Terms & Conditions

as of October 4, 2019

 

Introduction:

This is an analogous translation of our general terms and conditions and primarily serves our customers outside Germany for information. In general, the law of the Federal Republic of Germany applies.

 

 

General

1.      The following general terms and conditions apply to all items offered by Caravan Elements Dalchow for purchase and shipping. They are aimed at customers who

a)      are consumers in the sense of § 13 BGB. In this sense, a consumer is any natural person who concludes a legal transaction for purposes that predominantly cannot be assigned to their commercial or independent professional activity, or

b)      Entrepreneurs within the meaning of § 14 BGB are a natural or legal person or a legal partnership who, when concluding a legal transaction, act in the exercise of their independent professional or commercial activity.

2.      Operator of the online shops and your contractual partner is:

Caravan Elements Dalchow, owner Mr. Matthias Dalchow e. K., Beunestraße 29, D-61169 Friedberg (Hessen), register court Friedberg (Hessen), registration number HRA 4758, VAT identification number:
DE 301152838, email: mail@caravan-elements.de, Tel .: +49 ( 0) 6008.9181413.

 

Conclusion of contract

1.      By posting an item, I am making a binding offer to conclude a sales contract for the purchase of this item.

2.      A purchase contract for the purchase of the item is concluded when the offer is ordered between me and the buyer. As a rule, the buyer receives an automated order confirmation. Due to the associated technical implementation, a delay in receipt of the goods by the buyer may be reserved.

3.      Drawings, illustrations and photos in my online shop are not binding unless this is mentioned separately in the article description.

 

Price, payment

1.      Relevant are the final prices listed in my respective online shops on the day of the order, which include the statutory value added tax applicable at the time of performance and all other price components. They are understood to be in EURO plus the additional costs mentioned.

2.      Shipping within Germany (except islands) is free of charge. The costs for shipping abroad are not included in the purchase price and are shown separately depending on the article in the course of the order process. These are to be borne additionally by the buyer. The delivery address actually given by the buyer is decisive for the creation of shipping costs. There is also the option for free shipping.

3.      The customer can choose between the following payment methods:

·        PayPal

·        transfer (prepayment)

·        Cash payment (when picking up)

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

 

Collection / delivery

1.      The delivery of the ordered items takes place exclusively to the delivery address given by the customer in Germany, Austria, Belgium, Bulgaria, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Greece, Great Britain, Hungary, Ireland, Iceland, Italy, Latvia, Lichtenstein, Lithuania, Luxembourg, Monaco, Netherlands, Norway, Poland, Portugal, Romania, Sweden, Switzerland, Serbia, Slovakia, Slovenia and Spain. This does not apply to their respective islands or other territorial areas. Deliveries to other countries are possible, but first require a separate agreement and regulation.

2.      The availability of the goods results from the information in the respective online shop. Delivery times specified by me are calculated from the time of my shipping confirmation, provided the purchase price has been paid in advance. If no or no deviating delivery time is specified for the respective goods in my online shop, it is 2-6 working days with immediate availability for Germany or a few working days more for deliveries to other countries.

3.      In exceptional cases, I am not obliged to deliver the ordered goods if I have properly ordered the goods on my part, but was not supplied correctly or on time (congruent cover transaction). The prerequisite is that I am not responsible for the lack of availability of the goods and that I have informed you of this immediately. In addition, I must not have taken the risk of procuring the ordered goods. If the goods are not available, I will immediately reimburse you for payments already made. I do not take on the risk of having to procure an ordered product (procurement risk).

4.      The customer expressly undertakes not to violate the content of relevant customs regulations. The customer confirms with his order that he knows the relevant provisions. Upon request, the customer will provide me with all the information and documents required to apply for the export license.

 

Liability for defects in the ordered items

1.      I am liable for defects in the items ordered in accordance with the statutory provisions. Claims of the customer for compensation or reimbursement of futile expenses can only be asserted if the requirements of the provisions outlined in point 6 below arise from other breaches of duty.

2.      Complaints, others and suggestions should be sent to: Caravan Elements Dalchow, Mr. Matthias Dalchow e. K., Beunestraße 29, D-61169 Friedberg (Hessen), email: mail@caravan-elements.de,
Tel .: +49 (0) 6008.9181413.

3.      Claims of the buyer due to material defects become statute-barred one year after delivery / delivery of the object of purchase to himself or to a recipient previously named or authorized by him. Excluded from this are claims for defects by consumers as well as claims for damages due to injury to life, limb or health and / or claims for damages due to grossly negligent or wilful damage caused by me. In this respect, the statutory limitation periods apply.

4.      Statutory warranty claims do not exist, among other things, if the item is handled improper by the customer. The warranty also does not include the normal wear and tear of the item. This also applies to defects that occur after delivery, e.g. caused by external influences or operating errors.

5.      Original packaging could be damaged or missing. Please note the description of the respective article.

6.      My liability for breaches of duty that do not consist of a defect or have caused damage beyond the defect is based on the following provisions:

·        I am only liable for damages - regardless of the legal reason - in the event of intent and gross negligence. In addition, I am also liable for simple negligence for damage to life, limb or health as well as for violation of an essential contractual obligation (obligation, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance of which the contractual partner regularly trusts and trusts may). In the latter case, however, my liability is limited to the replacement of the foreseeable, typically occurring damage.

·        The customer's claims under the Product Liability Act and guarantees expressly accepted by me remain unaffected by the above regulations.

·        The statutory provisions also apply.

 

Right of withdrawal of the customer as a consumer acc. § 13 BGB

Consumers with their main place of residence within Germany generally have a statutory right of withdrawal when concluding a distance selling transaction. You will always be informed about this right within the range of offers that I am responsible for. The EU right of withdrawal applies to buyers with their main place of residence in a member state of the European Union.

 

Retention of title

All delivered articles remain my property until full payment.

 

Contract text storage

1.      The contract language is German.

2.      The contract text is stored in my internal system and is not accessible to you there. The order data, the terms and conditions and the cancellation policy will be sent to you by email.

 

Jurisdiction

1.      The law of the Federal Republic of Germany applies to the exclusion of substantive uniform law, in particular the United Nations Convention on Contracts for the International Sale of Goods. The statutory provisions on the application of mandatory consumer protection law remain unaffected.

2.      The legal provisions apply to the place of jurisdiction.

 

 

Matthias Dalchow

Friedberg, October 4, 2019

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