I. General section
1. Scope of validity
These General Terms and Conditions apply exclusively to all e-commerce transactions with our customers from our EDDYCAM shop.
As a provider, we only conclude e-commerce contracts with natural persons who reside in the Federal Republic of Germany and neighbouring countries, who are fully legally competent and have reached the age of 18, as well as with legal entities based in the Federal Republic of Germany. Insofar as an offer from a participant not belonging to this group was accepted by us inadvertently, we are entitled to withdraw from the contract with the customer until the complete mutual fulfilment of the contract where the contract is not already void or unenforceable for other reasons.
3. Conclusion of contract
The contract is first concluded when we accept the customer order. The customer dispenses with the receipt of a statement of acceptance. We accept the contractual offer by confirming by e-mail or at the latest by sending the ordered goods. In the event that numerous goods are ordered, separate offers exist that are independent of each other for the conclusion of numerous purchase agreements for each individual ordered item. If we determine that, in exceptional cases, individual goods are no longer available, we only accept the contractual offers concerning the available or deliverable goods. Where offers are not accepted, we will immediately inform the customer by e-mail at the stated e-mail address.
All price information in our EDDYCAM shop is understood to include statutory VAT. The customer pays the respectively stated amount in euros. The prices stated in the online shop only apply to orders made there (e-commerce prices) at the time of ordering. The respective shipping costs and a cash on delivery fee for cash on delivery are also added.
5. Data protection
We guarantee that the customer data collected for orders will only be collected, processed, saved and used in connection with the handling of the order. We will only transfer our customer data to associated companies to process the order and also pass on this data protection clause to these companies. If the customer does not wish data to be used for the aforementioned purposes, he is entitled to object to this use at any time in writing or by e-mail.
6. Contact partners/availability
We can be contacted at any time in writing for any customer concerns at the address stated in the EDDYCAM shop.
7. Choice of law
German law exclusively applies to the legal relationship between us and our customers.
The customer has no right to offsetting or retention unless the claim is undisputed or declared final and absolute in a court of law. The place of fulfilment for payments is our place of business. If individual provisions of this contact are not legally valid in whole or in part or subsequently lose their legal validity, the validity of the remaining contract will not be affected by this. The same applies if the contract features a loophole not previously foreseen by one of the parties.
We are not liable for damages that we ourselves, our representatives or agents have caused due to ordinary negligence. The liability limitation does not apply to damages resulting from personal injury, bodily harm or damage to health, the infringement of major contractual obligations or a lack of assured properties. Liability in accordance with the Product Liability Act remains unaffected.
II. Special terms and conditions for purchasing goods
1. Subject of the contract
The customer orders goods offered online in the EDDYCAM shop. We accept this purchase offer for goods orders where the goods are available and deliverable. We provide notification of the acceptance of contract by e-mail and send the ordered goods to the customer (contract of sale involving the carriage of goods). Besides the conditions of the general section, these special conditions also apply to the purchase of goods:
2. Right of withdrawal
You have the right to withdraw from this contract, without providing justification, within fourteen days. The period amounts to 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. To exercise your right of withdrawal, you must inform us (EDDYCAM e.K., z. Hd. Herrn Edlef Wienen, Winkeler Str. 54, 65366 Geisenheim, Germany, Tel.: +49 (0) 67 22 / 9 44 33 31, Fax: +49 (0) 67 22 / 9 44 33 39, e-mail: firstname.lastname@example.org) in a clear statement (e.g. a letter sent by post or an e-mail) of your decision to withdraw from this contract. To do this, you can use the enclosed template withdrawal form, although this is not mandatory. To observe the cancellation period, it is sufficient that you submit the notification about your exercising of the right of withdrawal before the cancellation period expires.EDDYCAM e.K.
Mr. Edlef Wienen
Winkeler Str. 54
Consequences of withdrawal
If you withdraw from this contract, we are to pay back to you all payments that we have received from you, including the delivery costs (with the exception of the additional costs that result from you choosing another form of delivery than the cheapest, standard delivery we offered), immediately and at the latest within fourteen days from the day on which the notification about your withdrawal from this contract was received by us. To make this repayment, we use the same method of payment that you used when making the original transaction, unless we explicitly agree otherwise with you; in no case are you charged fees due to this payment. We can refuse the repayment until we have either received the goods back or until you provide evidence that you have sent back the goods, whichever is the earliest. You are to send back to us or hand over the goods immediately and in all cases at the latest within fourteen days from the day on which you inform us of your withdrawal from this contract. The period is observed when you send the goods before the period of fourteen days expires. You bear the direct costs of sending back the goods. You must only compensate for any loss of value of the goods if this loss of value is attributable to unnecessary handling by you to inspect the characteristics, properties and functioning of the goods.
End of the right of withdrawal
Your EDDYCAM team
The goods are delivered by shipping at the shipping costs in our offer and to addresses in Germany and other countries.
The customer pays in cash for cash on delivery or cash in advance. In the event of delivery via cash on delivery, cash on delivery fees are added to the purchase price which the customer is to bear in full. These costs are divided into two instalments for reasons that are in the field of responsibility of Deutsche Post. We thus already state one instalment on our invoice, while the other instalment is to be paid directly to Deutsche Post on receipt of the delivery. If we can offer you additional payment types, you will find information on this in the ‘Information on us’ section or in the shopping basket when selecting the payment types.
In the event of default, we calculate the statutory default interest and dunning costs amounting to 3 euros per reminder.
6. Retention of title
We reserve the ownership of all goods that are delivered by us to a customer until the final and complete payment of these delivered goods.
The guarantee for defects amounts to 2 years from the invoice date.
8. Limitation for used goods
Possible liability claims for damages (figure I.9) become time-barred in the statutory period.
9. Costs of returns
If you exercise your legal right of withdrawal in accordance with figure II – 2) of the General Terms and Conditions, you are to bear the regular costs of return delivery if the delivered goods correspond to those ordered and if the price of the goods to be returned does not exceed 40 euros or if, in the event of the item being of a higher price, you have not yet provided the return services or a contractually agreed partial payment. In other cases, the return is free of charge for you.