Terms of service

These Terms and Conditions apply to all contracts entered into between CAMO-Tackle - Andreas Ernst & Stephan Pechel GbR—Neumann-Reichardt-Str. 27-33—22041 Hamburg (hereinafter “Provider” or “we”) and our customers (hereinafter “Customer” or “you”).

§ 1 Scope of Application, Definitions

(1) The business relationship between the Provider and the Customer is governed exclusively by the following General Terms and Conditions in the version valid at the time of the order. Any deviating terms and conditions or contract offers from the Customer are hereby rejected. They shall become part of the contract only if individually agreed upon (individual agreement).

(2) The Customer is a consumer to the extent that the purpose of the legal transaction cannot be predominantly attributed to the Customer’s commercial or self-employed professional activity. By contrast, a business entity is any natural or legal person or partnership with legal capacity that, when entering into a legal transaction, acts in the course of its commercial or self-employed professional activity.

§ 2 Conclusion of Contract

(1) The customer may select products from our product range and add them to a so-called shopping cart by clicking the “Add to Cart” button. By clicking the “Place a Binding Order” button, the customer submits a binding offer to purchase the goods in the shopping cart.

(2) Before submitting the order, the customer may at any time view and modify the data they have entered and correct any input errors. However, the customer’s order can only be submitted and transmitted if the customer accepts these General Terms and Conditions during the ordering process and thereby incorporates them into their order.

(3) The provider will then send the customer an automatic confirmation of receipt via email, which lists the customer’s order once again and which the customer can print using the “Print” function. The automatic confirmation of receipt merely documents that the Provider has received the customer’s order and does not constitute acceptance of the order.

The contract is not concluded until we issue a declaration of acceptance, which is sent in a separate email. The issuance of an invoice to the customer for the goods ordered by the customer replaces the declaration of acceptance. We may also replace the declaration of acceptance by fulfilling the order within 5 days of receiving it. If more than one of the aforementioned forms of acceptance occurs, the contract is concluded upon the occurrence of the first such event. In any case, the customer will receive a written confirmation of the contract in accordance with statutory provisions.

If the customer has not received a declaration of acceptance, an invoice, or notification of shipment—or has not received the goods—within 5 days, the customer is no longer bound by the order. In this case, we will immediately refund the customer for any payments already made.

(4) Outside of our online store, the contract is concluded when we accept a binding offer from the customer or when the customer confirms our binding offer. With respect to business customers, acceptance may take place through the fulfillment of the order.

(5) The subject matter of the delivery or service consists of the goods and/or services offered by us and ordered by the customer. Unless expressly stated otherwise in the respective offer, descriptions and prices refer to the items offered in each case, but not to any accessories or decorations that may be shown in the images.

The presentation of our products and the information provided in this regard serve exclusively to describe the services and do not constitute a guarantee of quality.

(6) If, through no fault of our own and despite all reasonable efforts, we are unable to deliver the ordered goods because our supplier fails to fulfill its contractual obligations to us, we are entitled to rescind the contract. However, this right of withdrawal applies only if we have entered into a corresponding covering transaction with the supplier in question (a binding, timely, and sufficient order for the goods) and are not otherwise responsible for the non-delivery. In such a case, we will immediately inform the customer that the ordered goods are not available. We will promptly refund any payments already made by the customer.

(7) The language of the contract is German.

(8) Order processing and communication regarding the performance of the contract generally take place via email. The customer must therefore ensure that the email address provided for order processing is correct and that no settings or filters on the customer’s end prevent the receipt of contract-related emails.

(9) If a delivery time is specified in our offers, that delivery time and the information provided regarding its calculation shall take precedence. If no delivery time or a different delivery time is specified for the respective product in our online store, the delivery time is 7 days. This delivery period begins, in the case of payment in advance, on the day after the payment order is issued to the transferring bank, or, for other payment methods, on the day after the contract is concluded, and ends at the close of the last day of the period. If the last day of the period falls on a Saturday, Sunday, or a state-recognized public holiday at the delivery location, the next business day shall take the place of such a day.

§ 3 Retention of Title

The delivered goods remain our property until all claims arising from the contract have been satisfied; in the event that the customer is a legal entity under public law, a special fund under public law, or an entrepreneur acting in the course of their commercial or self-employed professional activities, this retention of title shall extend beyond the ongoing business relationship until all claims to which we are entitled arising therefrom have been settled.

§ 4 Prices and Shipping Costs

(1) Our prices for end consumers include the applicable statutory sales tax and exclude shipping costs. Prices listed in our store for commercial customers are net and exclude statutory sales tax.

(2) The applicable shipping costs will be disclosed to the customer prior to the conclusion of the contract and are to be borne by the customer, unless free shipping has been agreed upon.

§ 5 Payment

(1) The customer may make payment using the payment methods specified in the respective offer.

(2) Payment of the purchase price is due immediately upon conclusion of the contract and must be received by us within 7 calendar days, unless the agreed-upon payment method provides otherwise.

(3) The customer must ensure that there are sufficient funds in their account. In the event of chargebacks caused by insufficient funds, the customer is obligated to reimburse us for the resulting damages.

(4) The customer’s obligation to pay late payment interest does not preclude the assertion of further claims for damages resulting from default.

(5) The customer is authorized to exercise a right of retention only to the extent that his counterclaim is based on the same contractual relationship.

§ 6 Transfer of Risk

(1) With respect to consumers, the risk of accidental loss and accidental deterioration of the purchased item is transferred to the customer in accordance with the law only upon delivery of the purchased item to the customer.

(2) Only if the customer is acting as a business applies the following: Delivery is ex-warehouse. The risk of accidental loss and accidental deterioration of the goods passes to the customer no later than upon handover. In the case of a sale by shipment, however, the risk of accidental loss and accidental deterioration of the goods, as well as the risk of delay, passes to the customer upon delivery of the goods to the shipping agent, the carrier, or any other person or entity designated to carry out the shipment.

(3) If the customer is in default of acceptance, fails to cooperate, or if our delivery is delayed for other reasons for which the customer is responsible, we are entitled to demand compensation for the resulting damages, including additional expenses (e.g., storage and transportation costs).

§ 7 Warranty for Material Defects, Guarantee

(1) Claims for defects concerning used goods delivered by us expire one year after delivery to the customer. For business customers, the statute of limitations for claims for defects in goods delivered by us is one year, and the limitation period does not restart if a replacement delivery is made as part of our liability for defects. In all other respects, we are liable for material defects in accordance with the applicable statutory provisions, in particular Sections 434 et seq. of the German Civil Code (BGB).

(2) Our liability pursuant to § 8 of these General Terms and Conditions, in particular with respect to the customer’s claims for damages arising from injury to life, limb, or health, or from the breach of material contractual obligations (see § 8 below), for damages under the Product Liability Act, and for any guarantees assumed, remains unaffected by the limitations set forth in paragraph 1 above. Likewise, the statutory limitation periods for the right of recourse under § 478 of the German Civil Code (BGB) for business customers and our liability in the event of fraudulent concealment of a defect remain unaffected.

(3) Claims for defects by merchants require that they have fulfilled their statutory obligations to inspect the goods and give notice of defects (Sections 377, 381 of the German Commercial Code (HGB)). Businesses are obligated to inspect the goods immediately and with due care for deviations in quality and quantity and to notify us of any apparent defects within 7 days of receipt of the goods. Timely dispatch is sufficient to meet the deadline. This also applies to latent defects discovered later, effective from the date of discovery. If business customers fail to fulfill their obligations to inspect and give notice of defects, they are precluded from asserting warranty claims.

If the customer is acting as a consumer, they are requested to file a complaint with the delivery company regarding any goods delivered with obvious transport damage and to notify us of this. If the consumer (customer) fails to do so, this has no effect whatsoever on their statutory or contractual claims for defects.

(4) We provide no guarantee of quality or durability (Section 443 of the German Civil Code (BGB)) for the goods we deliver unless such a guarantee has been expressly offered and agreed upon by us. Any manufacturer’s warranties remain unaffected.

(5) You may submit any complaints and warranty claims to the address provided in the provider identification.

§ 8 Liability

(1) Claims by the customer for damages are excluded. Exceptions to this are the customer’s claims for damages arising from injury to life, body, or health, or from a breach of material contractual obligations (cardinal obligations), as well as liability for other damages resulting from an intentional or grossly negligent by the Provider, its legal representatives, or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract, as well as those on whose compliance the Customer, as a contracting party, may reasonably rely. In the event of a breach of material contractual obligations, the Provider shall be liable only for foreseeable damages typical for this type of contract if such damages were caused by simple negligence, unless the Customer’s claims for damages arise from injury to life, limb, or health.

(2) The limitations set forth in paragraph 1 above also apply in favor of the Provider’s legal representatives and vicarious agents if claims are asserted directly against them, as well as mutatis mutandis to claims for reimbursement of expenses.

(3) The provisions of the Product Liability Act, as well as our liability for any guarantees we may have assumed, remain unaffected.

§ 9 Right of Withdrawal

Consumers are entitled to a statutory right of withdrawal. You will receive a separate written notice of withdrawal in accordance with statutory provisions.

§ 10 Contract Text

We do not store the text of the contract, and it can no longer be accessed after the order process is completed. The customer may print these Terms and Conditions and the order details before submitting their order and will receive a confirmation of the contract in accordance with statutory provisions.

§ 11 Out-of-Court Dispute Resolution/Consumer Dispute Mediation

(1) The European Commission has discontinued the ODR platform for online dispute resolution. Consequently, no such proceedings via this platform will take place.

(2) We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

§ 12 Final Provisions

(1) The contract is governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. With respect to consumers, this choice of law applies only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the consumer’s country of habitual residence.

(2) If the customer is a merchant, a legal entity under public law, or a special fund under public law, or if the customer does not have a general place of jurisdiction within the Federal Republic of Germany, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider shall be the provider’s registered office.

(3) The potential invalidity of individual provisions of these General Terms and Conditions shall not affect the validity of the remaining provisions. The invalid provisions shall be replaced, where applicable, by the relevant statutory provisions. However, if this would result in an unreasonable hardship for either party, the contract shall become void in its entirety.

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Last updated: April 9, 2021