General terms and conditions of Camper Schmiede GmbH
 
§1 Validity towards entrepreneurs and definitions of terms

(1) The following general terms and conditions apply to all deliveries between us and a consumer in the version valid at the time of the order.

(2) Our contractual conditions apply exclusively; Conflicting or deviating conditions of the customer will not be recognized - subject to express consent.

(3) A consumer/customer is any natural person who concludes a legal transaction for purposes that cannot primarily be attributed to their commercial or independent professional activity (§ 13 BGB).

(4) The delivery and payment conditions are referred to below as contractual conditions.
 

§2 Subject of the contract

(1) The subject of the contract is the rental of a camper, the individual conversion or partial expansion and the handover of a van/van according to the agreed requirements. For details of the respective scope of services (vehicle, conversion measures, equipment criteria, etc.), reference is made to the selected product description specified in the offer.

 
§3 Conclusion of a contract, storage of the contract text

(1) The order of one of our advertised products is understood to be a non-binding offer, i.e. it is an invitation to submit an offer.

Any deviation, addition or additional agreement must be in writing to be effective.

(2) If the contract is concluded, the contract comes with

Camper Schmiede GmbH
Arne Boden, Christian Dinraths
Gasthausstr. 55
D-41061 Mönchengladbach
Register number HRB 19472
Register court Mönchengladbach district court

 

conditions.

(3) Storage of the contract text when you order from us: We will send you the order data and our general terms and conditions link by email. You can view the terms and conditions at any time at https://www.camper-schmiede.de/agb.html. For security reasons, your order information is no longer accessible via the Internet.

(4) A contract is only concluded through an offer from us and the subsequent placing of an order by the customer. The offer expires if it is not accepted in writing (including by fax or email) within two weeks of receipt. The content of written order confirmations or declarations of acceptance is decisive unless the customer objects immediately. There is no right of withdrawal for contracts concluded via distance selling in accordance with Section 312 g Paragraph 2 No. 1 BGB.

 
§4 Product quality

(1) The quality of the products to be delivered is described exclusively by our offer and the associated documents.

(2) Since the customer provides his own vehicle for individual conversion, we will only make a binding offer after the vehicle has been inspected.

(3) If parts are made from wood or other natural products, differences in grain or structure as well as color variations may occur. These do not represent a quality defect and do not give rise to a complaint. Minor color variations or yellowing/fading of the materials used may occur and do not constitute a defect. Dimensions are approximate and may vary.

(4) Unless agreed, the vehicle will only be converted into a “camper”, which does not mean that it can automatically be converted into a motorhome. For a complete conversion, a payload of around 300-800 kg (depending on the vehicle and conversion) must generally be assumed. Additional attachments also increase the vehicle weight. Unless something has been contractually agreed, the client accepts the new load in his vehicle.

 
§5 Prices

(1) The prices stated include statutory sales tax and other price components. Any additional costs such as additional services, transport and transport insurance are not included in the price.

Despite a binding price agreement, we are entitled to adjust the price for reasons for which the customer is responsible.

 

§6 Delivery and transfer of risk

(1) Our service is provided after consultation with the customer and does not begin before receipt of the deposit.

(2) The date stated in the offer is non-binding. We will confirm binding appointments separately.

(3) Deviations from the time of performance can arise, in particular, due to delays in the procurement of built-in parts by our suppliers. The customer will be informed immediately of any delays.

(4) The customer cannot assert any rights due to delay for the reasons mentioned above.

(5) If non-compliance with the provision of services is impossible or excessively difficult due to force majeure or other events for which we are not responsible (e.g. natural events, strikes, extreme weather phenomena, long-term serious illness, terrorist attacks and death), the service periods will be extended accordingly and we will exempt from the obligation to pay for the duration of the prevention.

(6) If an impediment for which we are not responsible does not disappear in the foreseeable future, we have the right to withdraw from the contract. The customer will be informed of this immediately and all services received will be refunded.

(7) The customer is fully responsible for any delay in delivery due to the fault of the customer or a third party commissioned by the customer.

(8) The transfer of risk occurs upon handover. If the customer is in delay in delivery for reasons for which he is responsible or if he wishes for a later handover, the risk passes to him from the start of the delay.


§7 Payment

(1) In principle, the payment conditions listed on the invoice apply. In addition, for contracts concluded with us, a deposit must generally be paid towards the remuneration when the order is placed. Details on this can be found in the offer.

(2) The total price is due for payment at the latest upon acceptance or handover.

(3) Payments must be made in advance by bank transfer to our business account.

(4) After the agreed deadline has expired, payment defaults automatically. Interest must be paid on outstanding claims from the time the default occurs. The right to claim damages due to delay remains reserved.


§8 Retention of title

(1) Camper Schmiede GmbH reserves ownership of the delivery item until all claims against the buyer from the business relationship have been settled, including future claims, including from contracts concluded at the same time or later. This also applies if individual or all claims have been included by Camper Schmiede GmbH in a current invoice and the balance has been drawn and recognized.


§9 Right of termination for work contracts/withdrawal after revocation
 
(1) The customer can terminate the concluded work contract at any time. However, he is then still obliged to pay the agreed remuneration less our saved expenses.

(2) In addition, the contract for work can be terminated by either party for good cause. In this case, the remuneration that has accrued up to that point for the work we have carried out will be due.

 
§10 Defects, warranty, limitation period

(1) The customer cannot claim claims due to defects if there is only an insignificant deviation from the agreed quality or if there is only an insignificant impairment of usability.

(2) Material defects do not include wear and tear due to use or natural wear, damage caused by improper handling, storage or installation, non-compliance with installation and handling instructions, excessive stress and inadequate maintenance and care after the transfer of risk.

(3) The customer must inform us in writing within two weeks of discovering an obvious defect. If you fail to provide information, the warranty rights expire. This does not apply if we act fraudulently. The customer bears the burden of proof as to when the defect was discovered.

(4) For defects, we will initially choose to repair the defect or deliver a replacement in accordance with the legal requirements. A period of four weeks for improvement is considered appropriate.

(5) Within the scope of contract law for the delivery of work, the customer has the choice of demanding subsequent performance through repair or replacement delivery. However, we are entitled to refuse the type of supplementary performance chosen if this is only possible with disproportionate costs and the other type of supplementary performance does not result in significant disadvantages for the customer. The warranty does not start again as a result of subsequent performance.

(6) If the subsequent performance fails overall, the customer can, at his discretion, request a reduction in the remuneration (reduction) or cancellation of the contract (withdrawal). However, if there is only a minor breach of contract, in particular if there are only minor defects, the customer does not have the right to withdraw from the contract.

(7) Claims for material defects are excluded in the case of insignificant defects and insignificant deviations from the agreed quality.

(8) When selling used, movable items, the limitation period for warranty claims is one year.

Otherwise, the statutory provisions apply.


§11 Liability, claims for damages

(1) Claims for damages by the customer are excluded unless otherwise stated for the following reasons. This also applies to our representatives and vicarious agents if the customer asserts claims for damages against them. Excluded are claims for damages by the customer due to injury to life, body, health or essential contractual obligations, which must necessarily be fulfilled in order to achieve the contractual objective. This also does not apply to claims for damages following a grossly negligent or intentional breach of duty for which we or our legal representatives or vicarious agents are responsible.

(2) The customer's claims for damages due to a defect expire one year after delivery of the goods. This does not apply if we can be accused of gross negligence or fraud or in the event of physical injury or damage to health or loss of life of the customer for which we are attributable.

(3) The above restrictions do not apply to liability under the Product Liability Act.


§12 Prohibition of assignment and pledging

(1) The customer's claims or rights against us may not be assigned or pledged without our consent, unless the customer has demonstrated a legitimate interest in the assignment or pledging.

​§13
Place of performance/court of jurisdiction/severability Clause

(1) The place of performance for all contractual obligations is our registered office.

(2) The law of the Federal Republic of Germany applies exclusively. For consumers, this only applies to the extent that it does not restrict any legal provisions of the country in which the customer has his or her usual place of residence. The place of jurisdiction for disputes with customers who are not consumers is our registered office.

(3) If individual provisions of these General Terms and Conditions are invalid, this will not affect the effectiveness of the remaining provisions. Invalid provisions are replaced by statutory regulations.

 
§14 Note on dispute resolution in accordance with Article 14 Paragraph 1 ODR-VO:

(1) Camper Schmiede GmbH is neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board.

 
§15 Right of cancellation of the customer as a consumer:

Right of cancellation for consumers

Cancellation instructions

Right of cancellation

You have the right to cancel this contract within fourteen days without giving reasons.

The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods.

In order to exercise your right of withdrawal, you must contact us

Camper Schmiede GmbH
Arne Boden, Christian Dinraths
Gasthausstr. 55
D-41061 Mönchengladbach
Email Info@camper-schmiede.de
Telephone 0049 151 42025860

by means of a clear statement (e.g. a letter sent by post or email) of your decision to revoke this contract. You can use the attached sample cancellation form, although this is not mandatory.

Consequences of cancellation

If you cancel this contract, we will refund to you all payments we have received from you, including delivery costs (with the exception of additional costs arising from you choosing a type of delivery other than the cheapest standard delivery offered by us have chosen), immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment.