§1 General Information
In respect to business relations of all types between the firm Globe Camp, Mathias Pauls, an dits customers the following general terms and conditions of business hold true in their legally valid version. Divergent conditions or general business practices of the customer have no legal validity unless a written agreement has been negotiated elsewhere. All offers, no matter how they were made (fax, phone, e-mail), are only valid for Globe Camp, Mathias Pauls, when confirmed in written form or rather when the goods have been shipped and/or an invoice has been issued.
We reserve the right to deny the promised service subsequent to determining that the goods are no longer available although a corresponding hedging transaction has been concluded. In such a case the customer will be notified immediately. All reciprocations and considerations of any kind provided by the customer beforehand will be reimbursed without delay. It is then excluded that further legal claims be raised by the customer against the firm Globe Camp, Mathias Pauls.
As soon as the goods have been entrusted to a transportation company by the firm Globe Camp, Mathias Pauls, the risk automatically transfers to the customer. The delivery is sent to the adress indicated by the customer at his own risk. This also holds true for partial deliveries. Should the customer be a “consumer” in the sense defined by §13 German Civil Code [Buergerliches Gesetzbuch / BGB], the danger of accidental perishability or the accidental ruination of the purchased goods – even in the event of a “sale to destination – first becomes the legal responsibility of the customer after the goods have been delivered. The same holds true in respect to the delivery, should the customer receive the goods belatedly.
The goods should be examined immediately after delivery by the customer or an authorized individual to detect any transportation damages. Detectable transportation damages are to be reported without delay in written form. Packaging damages are to be confirmed in written form by the transportation company upon delivery.
In general, any information concerning delivery dates is not legally binding, unless a definite date of delivery has been set in writing. Claims for damages against the firm Globe Camp, Mathias Pauls, arising from non-fulfilment of contract or delay are excluded to the extent neither premeditation nor gross negligence can be established.
All prices are in cash, including value-added tay/sales tax, as well as other ensuing charges for packging or transportation.
§3 Due Dates and Payment Conditions
Invoices sent by the firm Globe Camp, Mathias Pauls, are to be paid in full without delay as long as no agreements of a divergent nature have been set in writing.
Should the customer be in arrears in respect to paying the designated purchase price, interest is to be paid on the sum of the purchase price at a value of 5.5 percentage points above the standard German interest rate for the period of delinquency. In the event the firm Globe Camp, Mathias Pauls, is in a position to substantiate greater damages caused by delay, the firm reserves the right to raise corresponding legal claims.
§4 Rights of Refund
The customer has the possibility to return all articles from our current online assortment without reason and within 14 days. This only holds true for sales contracts under delivery conditions or by indirect means (telecommunications) in accordance with §312b German Civil Code [Fernabsatzvertraege]. The goods must be returned to the firm Globe Camp, Mathias Pauls, in orderly condition, complete and without signs of wear, if possible in the original packaging incl. attached descriptions, and exempted from all third party claims. Punctual return is sufficient in order to satisfy legal deadlines.
We only accept return by shipment. The deadline for returns begins after handing over the delivery to the customer or an authorized individual.
Special custom products are excluded from this rule.
Furthermore, customers exercising their rights of refund must compensate the firm Globe Camp, Mathias Pauls, for any diminishment in value or for the complete value of the goods, to the extent the customer was not able to return the goods in orderly condition, as the customer is responsible for the ruination, perishability or other deficiency of the delivered wares. The duty of value compensation can be avoided by not making use of the article as the proper owner would, and by refraining from any acitivity which would reduce the value of the article. The customer shall bear the costs of returning the merchandise provided the price of the return merchandise does not exceed EUR 40.00. In case of merchandise valued at more than EUR 40.00, Globe Camp will bear the expenses of the return. The retour paper attached to your delivery is to be filled out entirely and to be added to the return package. Please contact our staff prior to your shipping back: firstname.lastname@example.org or by phone 0049-451-7078834 or mail. Then, we will send you a shipping sticker which guarantees a correct, insured and free-of-charge shipment (from 40,-€ as mentioned above). Your deadlines are preserved in any case. Moreover, we will give you a retour number. Please address your shipments to:
§5 Warranties and Claims for Damages
Defects or other damages owing to faulty or inappropriate handling, the use of inappropriate accessories or an alteration of the original components by the customer are not protected by warranty. Naturally occurring signs of wear are equally excluded from warranty protection.
Should the customer accept the goods despite prior knowledge of deficiencies, warranty rights only exist to the extent described below, if the customer reserves these rights expressly and in written form directly after having received the delivery.
Warranty claims arising from transportation damages may only be enforced by the customer if the formalities in accordance with §2 have been fulfilled. This in turn does not hold true if the customer is a “consumer”, in the sense defined by § 13 German Civil Code [Buergerliches Gesetzbuch/BGB].
The warranty period extends to 24 months for new articles. The period begins subsequent to the passage of risk.The warranty period extends to 12 months for used articles. If the customer is a “businessman, businesswoman or entrepreneur“ in the sense defined by §14 German Civil Code [Buergerliches Gesetzbuch/BGB], the warranty period for new articles extends to 12 months and to six months for used articles following the passage of risk. Otherwise, warranty formalities are carried out in congruence with the usual legal regulations.Changes in legal regulations apply directly despite their reference in these conditions – especially during transition periods.
The firm Globe Camp, Mathias Pauls is liable for damages arising from other causes than the detriment to life, body and health only to the extent these have their basis in a premeditated act, gross negligence or the culpable violation of a fundamental contractual obligation on the part of the firm Globe Camp, Mathias Pauls, or its legal proxies (e.g. its delivery service partners). Liability for compensation claims above and beyond this are excluded. The legal stipulations of German product liability laws have no application in such cases. Should a fundamental contractual obligation indeed be violated in a negligent manner, the liability of the firm Globe Camp, Mathias Pauls, is limited to foreseeable damages alone.
Product defects which should receive guarantee protection – as determined by the firm Globe Camp, Mathias Pauls – are to be corrected in the following way as decided by the firm Globe Camp, Mathias Pauls: the defective article will either be repaired free of charge by the distributor or an adequate specialist, or the defective article will be replaced by a fully functional equivalent (in some cases a later version). If neither a repair nor a substitute delivery is possible, we principally make out a voucher of purchase value. Products and product parts which have been replaced become the property of the firm Globe Camp, Mathias Pauls.
Guarantee claims must be raised within the official guarantee period. For this purpose, the product in question should be returned to the firm Globe Camp, Mathias Pauls, with the original invoice and the filled out retour paper attached to the original delivery. The defect is to be reported by phone or in written form prior to the return shipping. The retour number that was given to the customer is to be written on the retour paper.
Claims other than those named in these guarantee conditions – concerning the correction or compensation of product defects - are not covered by this guarantee.
The return shipment must be franked in any case. Unfranked deliveries will not be accepted and are returned to sender with costs.
The provision of guarantee services neither prolongs nor renews the guarantee period for the article in question.
§6 Reservation of Ownership
Until all payment responsibilities have been fulfilled by the customer, including all subsidiary obligations which may have arisen, the delivered goods remain the legal property of the firm Globe Camp, Mathias Pauls. In respect to contracts negotiated with consumers, cp. §13 German Civil Code [Buergerliches Gesetzbuch/BGB], we reserve our right of property until the full remittance of the purchase price.
The customer is not authorized to tender the goods to third parties until the purchase price has been paid in full. By having agreed on the contract the customer has relinquished his/her future claims in deference to the acquiring party at the amount of the purchase price negotiated between the firm Globe Camp, Mathias Pauls, and the customer, including interest and any subsidiary demands to be brought against the firm Globe Camp, Mathias Pauls. The firm Globe Camp, Mathias Pauls, accepts this relinquishment of rights.
§7 Place of Execution and Place of Jurisdiction
Legal jurisidiction is exercised by the Federal Republic of Germany exclusively.
The place of execution for all services and products negotiated in business transactions with the firm Globe Camp, Mathias Pauls, is Luebeck, Federal Republic of Germany, i.e. to the extent the customer is a businessman or businesswoman, legal person from the public sector or special property of the public sector.
The exclusive place of jusrisdiction for any legal proceeedings against the firm Globe Camp, Mathias Pauls, is Luebeck, Federal Republic of Germany. The same holds true for legal action taken by the firm Globe Camp, Mathias Pauls, against its customers, i.e. to the extent the customer is a businessman or businesswoman, legal person from the public sector or special property of the public sector.
§8 Final Clause
Should any of these individual contractual conditions – for which reasons whatsoever – not be legally enforceable, this does not mitigate the legal validity of the remaining agreements in any way.