General Terms and Conditions
§1 Scope of application
(1.1) The following General Terms and Conditions apply to all contracts, deliveries and other services between the customer and VanEssa mobilcamping - Lauser Straße 27, 83620 Großhöhenrain, Germany.
(1.2) Deviating provisions of the customer shall only apply if they are expressly recognized by the seller in writing in the individual case.
§2 Offer and conclusion of contract
(2.1) Our offers and prices are non-binding. We reserve the right to make deviations and technical changes in form, color and/or weight compared to our illustrations or descriptions within reasonable limits.
(2.2) The purchase contract is only concluded by our order confirmation after checking all details, not by the order confirmation email automatically generated by the server.
(2.3) In the online store, the customer only submits his binding offer to the seller to conclude a purchase contract when he clicks on the "Send order" field (the "order"). The order confirmation email does not constitute acceptance of the customer's offer, but is only intended to inform the customer that his order has been received by the seller.
(2.4) A purchase contract for the product(s) ordered by the customer is only concluded when the seller confirms in a second email that the ordered product(s) is/are ready for collection, the dispatch to the customer is confirmed in a separate email or the customer is otherwise informed of the acceptance of the offer (order confirmation or preliminary invoice).
(2.5) By placing an order, the Buyer expressly acknowledges the validity of these Terms and Conditions.
§3 Product quality
(3.1) In addition to product images, the images shown in the Seller's online store sometimes also contain other items (such as accessories and decorative elements) that are not the subject of the order/purchase contract. The product description alone is decisive for the essential characteristics of the service to be provided.
(3.2) Insignificant deviations in color and dimensions that are reasonable for the buyer are permissible. Wood is a natural product; its natural properties, deviations and characteristics must therefore always be observed. In particular, the buyer must take its biological, physical and chemical properties into account when purchasing and using it. The range of natural color, structure and other differences within a type of wood is part of the properties of wood as a natural product and does not constitute grounds for complaint or liability. Professional advice should be sought.
(3.3) We reserve the right to make technical changes to our products.
(3.4) Our products are not components of the vehicle. The fastenings are only used to secure them in the vehicle.
(3.5) Deviations that are within the tolerance range and have no influence on the functionality or affect the stability are permitted in our production process for ecological and economic reasons. Further information on this can be found in the "Extract from the quality guidelines for coated European plywood".
§4 Prices and costs
(4.1) The prices quoted are final prices for delivery within Germany.
(4.2) All our prices include VAT at the statutory rate.
(4.3) The final price includes packaging costs and delivery costs within Germany. The price does not include costs for assembly and other agreed ancillary services for the product(s) ordered. These services must be ordered and paid for separately by the customer. An overview of the delivery and assembly options and the associated costs can be found under the link "VanEssa FAQ" or under the link "VanEssa order process".
(4.4) Within Germany, orders are sent free of shipping costs. We bear the costs for postage, insurance and packaging.
(4.5) Other EU countries: For deliveries to other EU countries (e.g. Austria, France, Italy), we will calculate the shipping costs on request. As the costs vary greatly depending on the size and weight of the parcel/pallet and the zip code in the respective country, we must request and calculate these individually from our forwarding agent. These costs apply to smaller parcels that we can send by post or DHL. Otherwise, we will inform you of the shipping costs on request or calculate them in our preliminary invoice.
(4.6) Switzerland: For export deliveries to Switzerland, we issue the invoice net (without German VAT). We charge the shipping costs to the specified delivery address. In a separate invoice, Swiss customs will charge Swiss VAT, customs duties, import and export fees and a handling fee. If the customer collects the goods directly from our factory, the invoice will be issued gross (including the legally applicable German VAT). As the German tax authorities classify our modules as vehicle accessories, it is not possible for private individuals to export them. This means that customers collecting the goods themselves from Switzerland must pay German VAT.
§5 Payment modalities
(5.1) Payment shall always be made at the customer's discretion in accordance with the payment methods provided by VanEssa mobilcamping when the order is placed. We do not accept checks.
(5.2) The purchase price and prices for ancillary services shall be paid in advance upon receipt of the invoice.
(5.3) Cash payment or payment by EC or Maestro card is accepted on collection.
§6 Delivery, assembly and delay in delivery
(6.1) Delivery shall be made after full payment of the goods to the delivery address specified by the customer by post, parcel service or forwarding agent or assembly shall take place at the VanEssa mobilcamping factory.
(6.2) The delivery dates or deadlines are exclusively non-binding information. We will point out any deviating delivery times on the respective product page. If the delivery time subsequently changes, we will inform the customer by email or telephone.
(6.3) Goods that can be sent by parcel post will be delivered after receipt of payment without prior notice. Pick-ups are only made by appointment.
(6.4) If, when processing the order, the seller discovers that a product ordered by the customer is not available because the seller is not supplied by his supplier through no fault of his own despite the supplier's contractual obligation, the seller is entitled to withdraw from the contract. In this case, the customer will be informed by email that the ordered goods are not available. Any payments already made by the customer will be refunded immediately.
(6.5) If the impossibility of delivery is due to the inability of the manufacturer or our supplier, both the Seller and the Buyer may withdraw from the contract. If the Seller culpably fails to meet a deadline expressly agreed as binding or if the Seller is in default for any other reason, the Customer must set the Seller a reasonable grace period to effect performance. If the seller allows this grace period to elapse, the customer is entitled to withdraw from the purchase contract.
(6.6) If the performance owed by the Contractor is delayed due to force majeure, lawful strike, inability to perform through no fault of the Contractor or one of its suppliers or unfavorable weather conditions, the agreed delivery period shall be extended by the duration of the delay.
(6.7) The Seller shall be entitled to make partial deliveries and render partial services at any time, provided this is reasonable for the Customer and appears advantageous for speedy processing.
(6.8) If the Customer has commissioned the Seller to assemble a product, the ordered product shall be assembled at the factory at Lauser Straße 27, 83620 Großhöhenrain by the Seller or a third party commissioned for this purpose. The Customer must inform the Seller of any special requirements for the assembly of the product(s) (e.g. concerns about special equipment of the vehicle) at the latest when ordering the assembly service.
(6.9) If merchandise is sold, the original operating instructions of the respective manufacturer shall be included with the delivery. In the event of collection, these will be handed over or enclosed with the original product.
§6 Delivery, assembly and delay in delivery
(6.1) Delivery shall be made after full payment of the goods to the delivery address specified by the customer by post, parcel service or forwarding agent or assembly shall take place at the VanEssa mobilcamping factory.
(6.2) The delivery dates or deadlines are exclusively non-binding information. We will point out any deviating delivery times on the respective product page. If the delivery time subsequently changes, we will inform the customer by email or telephone.
(6.3) Goods that can be sent by parcel post will be delivered after receipt of payment without prior notice. Pick-ups are only made by appointment.
(6.4) If, when processing the order, the seller discovers that a product ordered by the customer is not available because the seller is not supplied by his supplier through no fault of his own despite the supplier's contractual obligation, the seller is entitled to withdraw from the contract. In this case, the customer will be informed by email that the ordered goods are not available. Any payments already made by the customer will be refunded immediately.
(6.5) If the impossibility of delivery is due to the inability of the manufacturer or our supplier, both the Seller and the Buyer may withdraw from the contract. If the Seller culpably fails to meet a deadline expressly agreed as binding or if the Seller is in default for any other reason, the Customer must set the Seller a reasonable grace period to effect performance. If the seller allows this grace period to elapse, the customer is entitled to withdraw from the purchase contract.
(6.6) If the performance owed by the Contractor is delayed due to force majeure, lawful strike, inability to perform through no fault of the Contractor or one of its suppliers or unfavorable weather conditions, the agreed delivery period shall be extended by the duration of the delay.
(6.7) The Seller shall be entitled to make partial deliveries and render partial services at any time, provided this is reasonable for the Customer and appears advantageous for speedy processing.
(6.8) If the Customer has commissioned the Seller to assemble a product, the ordered product shall be assembled at the factory at Lauser Straße 27, 83620 Großhöhenrain by the Seller or a third party commissioned for this purpose. The Customer must inform the Seller of any special requirements for the assembly of the product(s) (e.g. concerns about special equipment of the vehicle) at the latest when ordering the assembly service.
(6.9) If merchandise is sold, the original operating instructions of the respective manufacturer shall be included with the delivery. In the event of collection, these will be handed over or enclosed with the original product.
§7 Transport damage
If goods are delivered with obvious damage to the packaging or contents, have this acknowledged by the forwarding agent/driver on the delivery report.
In the event of more serious damage, please refuse to accept the pallet/parcel. Otherwise, it is very difficult to obtain insurance compensation in the event of transport damage. Take photos of the damage to the parcel / goods and send them to us by email.
Please inform us of the damage as soon as possible by calling +49 (0) 8063 / 20 760 - 0 or sending an email to info@vanessa-mobilcamping.de.
If the customer acts as an entrepreneur, § 377 HGB (German Commercial Code) shall apply with regard to the standard of examination.
§8 Retention of title
Delivered goods remain the property of the seller until full payment of all claims arising from this contract.
§9 Right of withdrawal
Cancellation policy
The customer can revoke his contractual declaration within two weeks without giving reasons in text form (letter, fax or email) or by returning the goods. The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient and also not before fulfillment of our statutory information obligations. The timely dispatch of the revocation or the goods is sufficient to comply with the revocation period.
The revocation is to be sent to:
VanEssa mobilcamping
Lauser Street 27
83620 Großhöhenrain
Germany
Fax: +49 (0) 8063 / 20 760-20
Email: info@vanessa-mobilcamping.de
Exceptions to the right of withdrawal
The right of withdrawal does not apply to the delivery of goods that are manufactured according to customer specifications or are clearly tailored to personal needs or that are not suitable for return due to their nature.
Consequences of revocation
In the event of an effective revocation, the services received by both parties must be returned. If the customer cannot return the service received from the seller in whole or in part or only in a deteriorated condition, the customer must compensate the seller for the value. This does not apply if the deterioration of the goods was caused solely by examining the goods, as would have been possible in a store, for example. The customer shall bear the loss in value that results from the use of the goods that goes beyond mere inspection and that means that the goods can no longer be sold as "new". In addition, the customer can avoid the obligation to pay compensation for any deterioration caused by the intended use of the item by not using the item as if it were his property and by refraining from doing anything that could impair its value.
Items that can be sent by parcel post must be returned. The goods must be delivered to us in perfect condition and complete. The customer must bear the costs of the return shipment.
VanEssa mobilcamping shall immediately refund the purchase price paid by the customer for all goods after receipt and inspection of the goods, less the compensation to be paid by the customer and less all transportation costs to be borne by the customer.
End of the withdrawal policy
§10 Warranty
(10.1) Upon arrival or installation, the customer must inspect the goods immediately for obvious (transport) damage in the presence of the delivering driver or fitter. Obvious transport damage must be reported immediately to the driver and recorded by him in writing. The customer must also inform the seller immediately of any transport damage. Once the customer has signed to confirm that the goods have been received in perfect condition, any obvious transport damage can no longer be claimed at a later date.
(10.2) If the goods are defective, the statutory warranty claims may be asserted.
(10.3) Defects must be documented by the customer by means of digital or print photos and sent to VanEssa mobilcamping in writing by email, fax or letter.
(10.4) The customer initially has the choice of whether the subsequent performance is to be carried out by rectification or replacement delivery. However, the seller is entitled to refuse the type of subsequent performance chosen by the customer if it is only possible at disproportionate cost and the other type of subsequent performance does not cause significant disadvantages for the customer. The customer is not entitled to reduce the purchase price or withdraw from the contract during the subsequent performance. If the seller has unsuccessfully attempted to rectify the defect twice, this shall be deemed to have failed. If the rectification has failed, the customer is entitled, at his discretion, to reduce the purchase price or withdraw from the contract.
(10.5) Natural wear and tear or insignificant deviations in color, dimensions and/or other quality and performance characteristics as well as minor differences between the goods and the representation on the website do not trigger any warranty rights. Claims of the buyer due to defects caused by natural wear and tear, improper use or improper handling (such as treatment with aggressive cleaning agents, objects, etc.) are excluded.
(10.6) In the event of easily manageable or reasonable damage, the customer shall repair the goods himself using the spare parts sent by us.
§11 Applicable law
The law of the Federal Republic of Germany shall apply. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
