VanEssa mobilcamping - Terms & conditions

§1 Area of validity

(1.1) These terms and conditions of purchase are valid for all of our contracts, purchase orders, deliveries and any other service between the customer and VanEssa mobilcamping – Lauser Strasse 27, 83620 Grosshöhenrain, Germany.

(1.2) Deviating conditions are only valid if explicitly approved by the seller in written form.

 

§2 Purchase orders / Order confirmation

(2.1) Our offers and pricing are non-committal. Small deviations and technical changes to the images or descriptions remain reserved within the scope of what is reasonable.

(2.2) The offerings of the online shop of VanEssa mobilcamping in the internet represent a non-binding invitation to the customer to order commodities from VanEssa mobilcamping. Submission of an order by the customer for the commodity request shall constitute a binding offer for concluding a purchase contract.

(2.3) The supplier must confirm acceptance of the purchase order. In particular, the automatically generated order confirmation is not binding, but should indicate to the customer only that his submitted order has been attained at VanEssa mobilcamping.

(2.4) The sales contract becomes binding, when the sales person confirms the ordered product(s) with a second email, that confirms that the ordered product(s) are ready for collection or rather the email contains an order confirmation, invoice or any other order acceptance.

(2.5) By placing the order the costumer accepts these terms and conditions of sale.      

 

                

§3 Product qualities

(3.1) Product illustrations in our online shop can contain further accessories (such as decorative elements), which are not contained in the product(s). The essential characteristics of the product you can read in the product description.

(3.2) Insignificant and/or reasonable deviations from color and measurements of the products are acceptable. Wood is a natural product, its natural characteristics, deviations and characteristics are therefore to be always considered.

(3.3) We reserve the right to make technical changes to our products.

(3.4) Our products are not components of the vehicle. The fixation points only serve the fastening in the car.

 

 

§4 Prices and costs

(4.1) The prices quoted are final prices for delivery within Germany.

(4.2) All our prices include value added tax at the statutory rate applicable in your country.

(4.3) The final price includes packaging costs and delivery costs within Germany. The price does not include costs for assembly and other agreed services related to the ordered product(s). The customer must order and pay for these services separately. 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 charge the shipping costs on request. As the costs vary greatly depending on the size and weight of the parcel / pallet and on the postcode in the respective country, we have to enquire and calculate these individually with our forwarding agent. For smaller parcels that we can send by post or DHL, these costs apply. Otherwise, we will inform you of the shipping costs on request or calculate them in our advance invoice.

(4.6) Switzerland and third countrys: For an export delivery for example to Swiss, we will issue the invoice net (without German VAT). We charge the shipping costs up 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 gross (including the legally valid German VAT). Since according to the German tax authorities our modules are considered motor vehicle accessories, export is not possible for private individuals. Thus, self-collectors from Switzerland must pay the German VAT.

 

 

§5 Payment modalities

(5.1) Payment shall take place at buyer´s option choosing from the modes of payment of VanEssa mobilcamping.
(5.2) The purchase price and prices for additional services are to be paid in advance on delivery after receipt of the invoice.
(5.3) If you pick up the goods at the VanEssa factory site you have the possibility to pay cash, with a debit card containing the Maestro sign or by credit card. We do not accept cheques.

 

 

§6 Delivery, assembly and delay in delivery

(6.1) Delivery by forwarding company or by mail shall take place after payment is received to the delivery address specified by the customer. Or the mounting takes place at the VanEssa factory site.

(6.2) The delivery dates or times are exclusively non-binding information. We will indicate any possible delivery times that deviate from these on the respective product page. If the delivery time changes afterwards, 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. Collections will only be made by appointment.

(6.4) If the seller discovers during the processing of the order 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 product is 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 grant the seller a reasonable period of grace to effect performance. If the seller fails to meet this grace period, the customer shall be entitled to withdraw from the purchase contract.

(6.6) If the performance owed by the Seller is delayed due to force majeure, lawful strike, inability on the part of the Seller or one of its suppliers through no fault of its own, as well as unfavourable weather conditions, the agreed delivery period shall be extended by the duration of the delay.

(6.7) The Seller is entitled to make partial deliveries and render partial services at any time, provided that this is reasonable for the Customer and appears to be advantageous for a speedy processing.

(6.8) If the Customer has commissioned the Seller to assemble a product, the ordered product will be assembled at the Seller's premises at Lauser Straße 27, 83620 Großhöhenrain by the Seller or a third party commissioned for this purpose. The Customer shall 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 enclosed upon delivery. In the event of collection, these shall be handed over or enclosed with the original product.

 

 

§7 Transport damage

When goods are delivered with obvious damage to the packaging or content, the customer has to report this immediately to the shipper or freight forwarder against receipt. Hidden defects must be reported immediately after discovery to the seller. The shipper has to note damages on a receipt. In case of severe damages, the customer should refuse the acceptance of the pallet / parcel.
Advantageous is a picture of the damage which you can send us via e-mail. Please inform us about the damage as soon as possible via telephone +49 (0)8063 / 20 760 - 0 or email info@vanessa-mobilcamping.de
In case of transport damage it is otherwise very difficult for us to get an insurance compensation. If the customer is acting as a business person, § 377 HGB becomes effective.

 

 

§8 Reservation of ownership

All delivered goods are the property of VanEssa mobilcamping until full payment has been made.

 

 

§9 Right of withdrawal

The customer can cancel his declaration of contract without stating any reasons within two weeks in written form (e.g. by letter, e-mail, fax) or by returning the goods, unless the customer acted in the exercise of his commercial vocation or self-employment (orders by entrepreneurs). At the earliest, the period of time starts after receipt of the goods and not before the receipt of this indoctrination. To maintain this period of time the sending of the cancellation or the goods in time is sufficient.

The withdrawal has to be addressed to: 
VanEssa mobilcamping
Lauser Strasse 27
83620 Grosshöhenrain
Germany
Email: info@vanessa-mobilcamping.de

 
Exceptions to the right of withdrawal
The right of withdrawal does not apply to goods, that have been made to customers’ specifications or explicitly to the personal needs or that are not valid for return due to their nature or that are fast perishable or that their expiry date is exceeded.
Please do not return the goods freight forward. You have to pay the return if the goods delivered correspond to the goods ordered.
Consequences of cancellations
In the event of effective cancellation, the services received on both sides must be given back. If the customer cannot fully or partially give back the service received, or only in deteriorated condition, he may under certain circumstances have to compensate the seller for this loss of value. This does not apply if the deterioration of the item is exclusively the result of inspection of it – in approximately the way it would have been possible in a shop. The customer may further avoid the duty to compensate for loss of value if deterioration is due to using the item for the purpose for which it was intended, provided he has not taken the item into use as if it belonged to him and has taken steps not to use it in ways which would adversely affects its value. Items which can be dispatched as parcels must be returned and the customer must bear the costs. The goods have to be delivered to VanEssa mobilcamping in good order and condition. Items which cannot be dispatched as parcels will be collected from the seller. Obligations to refund payments must be fulfilled within 30 days. The period commences for the customer with dispatch of his declaration of cancellation or of the item, and for us with its receipt.
End of notification of right of withdrawal

 

 

§10 Warranty

(10.1) Upon delivery, the buyer is therefore to ensure that the goods have not been damaged in any way. Apparent transport damages – for example damaged cartons – must be immediately reported to the freight carrier (forwarding company or package service). The shipper has to note damages on a receipt. Later complains about transport damage can in most cases not be taken into consideration.

 (10.2) If the goods supplied by us should be defect, the customer can assert the legal claims based on defects.

(10.3) The customer shall document defects by means of digital or print photos and shall deliver them in written form to VanEssa mobilcamping via email, fax or letter.

(10.4) If the buyer is a consumer then he initially has the choice whether the subsequent performance should be carried out through subsequent improvement or replacement delivery. VanEssa mobilcamping is however entitled to refuse the type of chosen subsequent performance if it is only possible with a disproportionate amount of costs and the other type of subsequent performance has no substantial disadvantages for the consumer.
Subsequent performance shall be deemed failed if it is impossible or if we have finally and seriously refused it or if we have at least tried to remedy the defect twice. The customer may then demand the cancellation of the contract or a reduction of the agreed price if the repair or subsequent delivery ultimately fails.

(10.5) Natural wear and tear or insignificant deviations in colour, dimensions and/or other quality and performance features, as well as minor differences between the goods and the presentation 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 sharp cleaning agents, objects, etc.) are excluded.

 (10.6) In case of small damages the customer can repair and install replacement parts required himself, VanEssa mobilcamping will send the necessary replacement parts.

 

 

§11 Applicable law


The law of the federal republic of Germany shall apply. Application of the UN Sales Convention is excluded.