AGB - General Terms and Conditions
Status: Berlin, 10.02.2021
Our terms and conditions of business and delivery
01. scope of application and conclusion of contract
02. cancellation policy
03. shipping costs and delivery
04. liability for defects: guarantee and warranty
05. orders, offers and prices
06. delivery reservation
07. payment, due date, default of payment
08. set-off and retention
09. retention of title
10. place of jurisdiction
11. data protection
12. legal validity
13. exclusion of liability
14. disclaimer for external links
15. provider identification
1. Scope of application and conclusion of contract
General terms and conditions for private customers. The contract language is German. The presentation of the products on our Internet pages does not constitute a legally binding offer, but only a non-binding catalogue of the range of goods. In our online shop, a binding order of the goods contained in the shopping basket is placed by clicking the "buy now" button. The automatic confirmation of the receipt of the order will be sent immediately after the order has been sent. If you place an order by e-mail, by fax, by telephone, by post or via our Internet pages, the purchase contract is not concluded until you receive our separate order confirmation or e-mail notifying you that the goods have been dispatched to you, or at the latest when the goods are delivered.
2. Cancellation policy
2.1 Right of withdrawal:
You have the right to cancel this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
In order to exercise your right of withdrawal, you must inform Seacamper, Sakrower Kirchweg 18, 14089 Berlin, by e-mail to firstname.lastname@example.org by means of a clear declaration (e.g. a letter, fax or e-mail sent by post) of your decision to withdraw from the contract.
To comply with the cancellation period, it is sufficient to send the notification of the exercise of the right of cancellation before the end of the cancellation period.
2.2 Consequences of withdrawal:
If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract.
For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline shall be deemed to have been met if you send the goods before the end of the fourteen-day period. We will bear the direct costs for the return of the goods (only applies to domestic shipments and concerns standard shipping).
You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
Exclusion of the right of withdrawal:
The right of withdrawal does not apply to contracts
- Contracts for the supply of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (such as lines, chains, cables, splicing work, wood blanks, hoses, tapes, plates, rubber, deck coverings, pipes, rails, underlays, wires and others),
- contracts for the supply of goods which are liable to deteriorate rapidly or whose expiry date would be rapidly exceeded,
- contracts for the supply of sealed goods which, for reasons of health protection or hygiene, are not suitable for return if their seal has been removed after delivery,
- contracts for the delivery of goods if these have been inseparably mixed with other goods after delivery due to their nature,
- contracts for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.
3 Shipping costs and delivery
3.1 Shipping within Germany
The flat rate shipping fee for items within Germany that can be sent by post is 6.50 EUR. You may also choose different shipping and payment methods (e.g. Saturday delivery, express, UPS or others) if we are generally able to access these services. The additional costs incurred for this will be charged to you. These additional costs will also be due if you exercise your 14-day right of cancellation. Additional shipping costs will be charged for items that cannot be sent by post or for which special shipping methods are required (bulky goods, batteries and others). Possible transport damages are insured by us.
3.2 Shipping within the EU
You will only be charged for the actual transport costs incurred, including packaging. Possible transport damages are insured by us. The costs of any returns will be borne by you.
Attention: For deliveries to the Canary Islands, additional customs or tax costs may be incurred. These must be paid by the recipient. Please check with the relevant local authorities.
3.3 Worldwide shipping, international shipping outside the EU
We are happy to accept orders from anywhere in the world and will ship to remote locations and ports if we receive a clear delivery address from you. The calculation does not include value added tax. You also have the option of using additional services at any time. The costs incurred in this regard will also be due if you make use of your 14-day right of withdrawal. Any transport damage that may occur is insured by us. We would like to expressly point out that customs duties, taxes, import fees, storage fees, conversion rates, currency differences or other costs may be incurred over which Seacamper has no influence, which we cannot estimate or determine in advance and which are in any case the responsibility of the recipient and must be paid by him. The costs of the return shipment will be borne by you.
Customs may open and search parcels for inspection, we have no influence on this. For more information on costs, customs clearance times, etc., please contact your local customs authorities. Customs authorities in some countries require the importer/consignee of goods to provide special proof of identification before a shipment is released. As the importer/consignee of the goods, you may be asked to provide an identification number, e.g. national identification number, CPF or tax number. Seacamper is not obliged to issue a supplier's or long-term supplier's declaration and/or an export declaration to you as the consignee or to customs, or to procure such a declaration from its own upstream suppliers.
We would also like to point out that we have no influence on the duration of delivery by forwarding and shipping companies and cannot guarantee complete tracking of the package. Please note that international shipping to certain countries is subject to delivery restrictions and not all items may be shipped to all countries. It is your responsibility to ensure that the product can be legally imported into the country of destination. Also, for air and sea freight deliveries, a door-to-door service may not be included and you may need to collect the goods from the relevant airport or port. We will not bear any further transport or travel costs incurred.
Goods delivered by Seacamper to Germany or other European countries are of course subject to VAT. If these goods are then exported to NON-EU COUNTRIES, a VAT refund according to § 7132 (3) UStG is NOT possible on our part. We ask for your understanding
4. Liability for defects: guarantee and warranty
The statutory warranty rights apply to all goods from our online shop, from which you benefit.
If delivered items show obvious material or manufacturing defects, which also include transport damage, please complain about such defects immediately to us or to the parcel service that delivered these items. However, failure to make this complaint has no consequences for your legal claims. If an item is delivered by a forwarding agent and the packaging and/or the item is damaged, please complain immediately to the driver of the forwarding agent. Have this confirmed in writing. For all defects of the purchased item (new goods) occurring during the statutory warranty period of 24 months, the statutory claims for supplementary performance apply, either by repair (rectification) or replacement (subsequent delivery). If the expense is grossly disproportionate to your interest in performance, we may refuse subsequent performance. This also applies if subsequent performance is not possible for us.
Excluded from the warranty or guarantee are damages that are due to natural wear and tear, improper use and lack of or incorrect care. Any further liability, in particular in connection with any consequential damage as well as claims for damages of any kind exceeding the value of the delivered part, are excluded. Complaints and discrepancies do not release from the obligation to pay. Otherwise, the statutory guarantee and warranty provisions shall apply. For repairs subject to a charge (contracts for work and services), a limited warranty of twelve months shall apply to the repaired components.
5. Orders, offers and prices
The acceptance, execution and delivery of all orders shall be based exclusively on these terms and conditions. All offers are always subject to change and we reserve the right of prior sale for articles offered from stock and the delivery possibilities. We reserve the right to make changes to the construction, form and design on the part of the manufacturer.
All prices are in Euro, including the legal value added tax (VAT), plus postage or shipping charges. No VAT will be charged for shipping outside the EU.
6. Reservation of delivery
Seacamper reserves the right not to provide the promised service if it becomes apparent after conclusion of the contract that the goods are not available, although a corresponding commitment transaction has been concluded. In such a case, the customer will be informed immediately. Any services/payments already made will be refunded immediately. Further claims against the company Seacamper are excluded. We deliver while stocks last.
There is no claim to delivery if it is not possible for us to procure this item.
7. Payment, due date, default of payment
Payment of the goods can be made by direct debit, cash on delivery, invoice, PayPal, prepayment or credit card. Seacamper reserves the right to exclude certain payment methods in individual cases. Payment by sending cash or cheques is not possible. We exclude liability in case of loss. In the case of payment on account, you undertake to settle the invoice amount within 8 days of receipt of the goods. Thereafter, we are entitled to charge you interest in accordance with the statutory provisions. The deduction of a discount is not possible. If payment is made by direct debit or credit card, the amount will be debited when the goods are dispatched. If direct debits are not honoured, we will charge the resulting fees and expenses.
8. Offsetting and retention
You are only entitled to set-off against counterclaims if your counterclaims have been legally established or are undisputed.
9. Retention of title
The goods remain our property until full payment has been made.
9.1 Current account / balance clause (business obligation clause)
The Seller shall retain title to the goods until all claims of the Seller against the Buyer arising from the business relationship, including future claims also arising from contracts concluded at the same time or later, have been settled. This shall also apply if individual or all claims of the Seller have been included in a current account and the balance has been struck and accepted.
9.2 Extended retention of title in case of resale with advance assignment clause
The Buyer shall only be entitled to resell the goods subject to retention of title in the ordinary course of business if he hereby assigns to the Seller all claims accruing to him from the resale against buyers or against third parties. If goods subject to retention of title are sold unprocessed or after processing or combination with items which are the exclusive property of the buyer, the buyer shall assign to the seller the full amount of the claims arising from the resale. If goods subject to retention of title are sold by the buyer after processing/combination together with goods not belonging to the seller, the buyer shall assign the claims arising from the resale in the amount of the value of the goods subject to retention of title with all ancillary rights and priority over the rest. The seller accepts the assignment. The buyer shall be authorised to collect these claims even after assignment. The Seller's authority to collect the claim itself shall remain unaffected; however, the Seller undertakes not to collect the claims as long as the Buyer duly meets its payment and other obligations. The Seller may demand that the Buyer informs him of the assigned claims and their debtors, provides all information necessary for collection, hands over the documents pertaining thereto and informs the debtor of the assignment.
9.3 Extended retention of title with processing clause
Any processing or treatment of the goods subject to retention of title shall be carried out by the Buyer on behalf of the Seller, without any obligations arising for the latter as a result. In the event of processing, combining, mixing or blending of the reserved goods with other goods not belonging to the Seller, the Seller shall be entitled to the resulting co-ownership share in the new item in the ratio of the value of the reserved goods to the other processed goods at the time of processing, combining, mixing or blending. If the Buyer acquires sole ownership of the new item, the contracting parties agree that the Buyer shall grant the Seller co-ownership of the new item in proportion to the value of the processed or combined, mixed or blended goods subject to retention of title and shall hold them in custody for the Seller free of charge.
10. Applicable law
The law of the Federal Republic of Germany shall apply to all legal transactions or other legal relationships with us. The UN Convention on Contracts for the International Sale of Goods (CISG) and any other intergovernmental agreements shall not apply. In the case of contracts for a purpose which cannot be attributed to the professional or commercial activity of the entitled party (contract with consumer), this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
In business transactions with merchants, companies and legal entities under public law, the place of jurisdiction for all legal disputes shall be the registered office of Seacamper (Berlin). In this case we are also entitled to take legal action at the customer's place of business.
The EU Commission provides a platform for out-of-court dispute resolution. This gives consumers the opportunity to resolve disputes in connection with an online order without having to go to court. We will endeavour to settle any disagreements arising from our contract amicably. Beyond that, we are not obliged to participate in a conciliation procedure and unfortunately cannot offer you participation in such a procedure. Our e-mail address: email@example.com
11. Data protection
The conclusion of the contract is subject to the acceptance of our data protection declaration. You can access this data protection declaration at any time via the footer.
12. Legal validity
In the event that individual or parts of the aforementioned terms and conditions of business and delivery should be partially or wholly invalid, the presumed intention shall apply and the other aforementioned terms and conditions of business and delivery shall not be affected thereby and shall retain their validity.
13. Exclusion of liability
Our liability beyond the aforementioned terms and conditions of business and delivery shall be governed exclusively by the agreements made in the aforementioned sections. All claims not expressly conceded therein - including claims for damages - on whatever legal grounds, including breach of ancillary contractual obligations, pre-contractual obligations and tort, are excluded. This shall not apply to the extent that liability is mandatory in the case of intent or gross negligence or on the basis of statutory provisions. With the publication of new price lists and catalogues all old documents lose their validity.
14. Exclusion of liability for external links
The following applies to all links on our Internet pages: Seacamper expressly declares that it has no influence whatsoever on the design and content of the linked pages. Therefore, we hereby expressly dissociate ourselves from all contents of all linked pages of third parties on www.seacamper.shop and do not adopt these contents as our own. This declaration applies to all links displayed and to all contents of the pages to which links lead.
15. Provider identification
Sakrower Kirchweg 18
D-14089 Berlin, Germany
Represented by: Peter Grönlund, Managing Director and Owner
Phone: +49 30 36 40 71 00
fax: +49 30 36 40 71 01
Berlin, 10 February 2021