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 are possible.
(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 may change technical specifications of our products without notice.
(3.4) Our products are not an integral part of the vehicle. The fixation points only serve the fastening in the car.
 
 
§4 Prices and costs

(4.1) The quotations are end prices and contain packing costs and the legally defined value added tax. We offer free shipping within Germany. The price of shipping into other countries will be calculated separately.
(4.2) The cost for the installation at our VanEssa factory site and any other ancillary services are not included. These services are to be ordered by the client separately. You will find an overview of our delivery and mounting possibilities on the homepage following the link “VanEssa FAQ”.

§5 Mode of payment

(5.1) Payment shall take place at buyer´s option choosing from the modes of payment of VanEssa mobilcamping.
(5.2) In case of shipping via forwarding companies or mail, the purchase price and prices for ancillary services are to be paid in advance 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 or with a debit card containing the Maestro sign. We do not accept credit cards.

§6 Delivery, assembly, 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) Our delivery dates or times are exclusively nonbinding information unless they have been explicitly agreed to between the customer and the seller.
(6.3) Dispatchable goods will be rolled out after we receipt of payment without prior notice. Pick-up of goods is only possible after prior arrangement with VanEssa mobilcamping by telephone or email.
(6.4) As VanEssa mobilcamping processes the order, the customer will be informed by e-mail if any products turn out to be unavailable. If the seller does not have the ability to deliver the products without actual fault, he can retreat from the sale. In this case, the customer will be informed immediately. Any payments which already been made will be returned.
(6.5) If the impossibility of deliverance is attributed to force major, e.g. mobilization, war, riot, or similar events such as strike, lock-out, or interruptions of operation at VanEssa mobilcamping or at one of our suppliers, who, without any fault on his part, temporarily inhibit us to supply or to furnish performances owed by us, the agreed terms will be prolonged adequately, at least by the delay, caused by these events.
(6.6) The seller is authorized to make partial deliveries and services at all times, unless the partial delivery or service is unreasonable for the buyer.
(6.7) If the customers instructs the seller with the mounting, the ordered product will be installed by the seller at the VanEssa factory site (Lauser Strasse 27, 83620 Grosshöhenrain, Germany). Any for the installation important features (special equipment at the car) must be told from the customer to the seller when placing the order or latest when arranging a mounting appointment.
 
§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 Title retention
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
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 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) Parts subjected to normal tear and wear or insignificant deviations and technical changes to the images or descriptions do not trigger the guarantee rights.
(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.