Terms and Conditions
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Content
§ 1 – Scope of the Contract
§ 2 – Contractual Partner
§ 3 – Applicable Law
§ 4 – Contract Conclusion
§ 5 – Prices and Shipping Costs
§ 6 – Delivery
§ 7 – Payment
§ 8 – Rights of the Buyer in case of Defect
§ 9 – Retention of Title
§ 10 – Right of Withdrawal in Consumer Contracts
§ 11 – Dispute Resolution
§ 1 – Scope of the Contract
1.1 The following general terms and conditions (hereinafter “GTC”) apply to all sales contracts concluded via the online shop on this website between the firm Cambio Unlimited GbR (hereinafter “seller”) and consumers or entrepreneurs (hereinafter “buyer”).
1.2 The buyer can only include his own terms and conditions in the contract if this has been expressly agreed between the buyer and the seller. Otherwise, these General Terms and Conditions apply exclusively.
1.3 Buyers can be consumers or entrepreneurs.
1.3.1 According to § 13 of the German Civil Code (hereinafter “BGB”), a consumer means every natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession.
1.3.2 According to § 14 I BGB, an entrepreneur means a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession.
§ 2 - Contractual Partner
The purchase contract for the goods selected in this online shop is concluded between the buyer and the Cambio Unlimited GbR as the seller (represented by Escher, Nikola/ Harris, Caleb/ Lacina, Jonas).
§ 3 - Applicable law
3.1 All legal relationships between the buyer and seller are governed exclusively by German law. International sales law is not applicable.
3.2 This does not apply insofar as the regulation in “Section 3.1 GTC” would deprive a consumer of mandatory consumer protection from the state of his habitual residence.
§ 4 - Conclusion of Contract
4.1 The presentation of the products on our website is not a legally binding offer, but merely an invitation to the buyer to submit an offer (invitatio ad offerendum).
4.2 By placing an online order via the electronic order form on this website, the buyer submits a legally binding offer to purchase the goods listed in the virtual shopping cart. The buyer submits this legally binding offer by clicking the button with the words “Order and Pay” at the end of the ordering process.
4.3 The seller decides within seven working days after the buyer has placed the order whether to accept the offer. The period begins on the day after the buyer's order and ends on the seventh working day after the order.
4.4 The seller's declaration of acceptance can be made in various ways.
4.4.1 Normally, the seller sends a confirmation of the order by e-mail. In this case, a legally binding purchase contract is concluded upon receipt of the confirmation by the buyer within the seven-day period.
4.4.2 A declaration of acceptance by the seller is also to be seen in the dispatch of the ordered goods. A legally binding purchase contract is concluded when the buyer receives the goods within the seven-day period.
4.4.3 A declaration of acceptance by the seller is also to be seen in every request to the buyer to pay the purchase price. In this case, a legally binding purchase contract is concluded upon receipt of the payment request by the buyer within a seven-day period.
4.4.4 If the seller submits its declaration of acceptance in several of the ways listed, the purchase contract is concluded with the earliest declaration of acceptance.
4.5 The subject of the contract exclusively comprises the items listed in the product details.
4.6 The contract can be concluded in German or English.
4.7 The buyer can check the content of his offer for errors throughout the ordering process by carefully going through the order summary. Until the binding offer is submitted (by clicking on the button with the words "Order and Pay"), the buyer can correct any order errors at any time.
4.8 The contract is normally concluded by e-mail. The buyer must therefore provide a correct and functional e-mail address when ordering so that the seller can reach the buyer by e-mail. If the buyer uses SPAM filters, he must also check the SPAM folder for messages from the seller or otherwise ensure he can receive our e-mails.
§ 5 - Prices and shipping costs
5.1 The prices stated in the online shop are total prices that include the statutory VAT. The shipping costs are not included in the stated purchase price and are charged separately.
5.2 The shipping costs within the European Union (hereinafter “EU”) are between 0€ and 10€ per order and are clearly communicated to the buyer in the virtual shopping cart system.
5.3 Outside the EU, orders can be placed anywhere in the world. The shipping costs here are between 0€ and 15€ per order and are also clearly communicated to the buyer in the virtual shopping cart system.
5.4 In the event of money transfers by the buyer from outside the EU, additional money transfer costs may be charged by the buyer's financial institutions. The buyer must bear these additional costs.
§ 6 - Delivery
6.1 The seller sends the goods worldwide to the delivery address specified by the buyer. In Canada and the USA there is also the option of purchasing our products via Amazon. In this case, Amazon is exclusively the contractual partner of the buyer and is responsible for the execution of the contract.
6.2 If the goods are sent to an entrepreneur, the risk of accidental loss in accordance with § 447 I BGB passes to the buyer as soon as the seller has handed the thing over to the forwarder, carrier or other transport person.
6.3 If the delivery fails because the supplier has not fulfilled his obligations through no responsibility of the seller, the seller reserves the right to withdraw from the contract. In case of a possible withdrawal from the contract, the buyer receives the purchase price back, but no longer has a claim to the original performance.
6.4 If the delivery fails due to a breach of duty on the part of the buyer, the buyer must compensate the seller appropriately for the costs incurred as a result. Regarding consumers, appropriate compensation does not include costs that, according to the “Instructions for the Right of Withdrawal of Consumers” on this website, are not transferred to them in the event of a valid cancellation (e.g. costs for the initial shipment of the goods).
6.5 The delivery time is up to seven days. Collection of the ordered goods by the customer is not possible.
§ 7 - Payment
7.1. Various payment options are available to the buyer, which are displayed in the online ordering system. Payment can be made by credit or debit card, giropay, immediate bank transfer or PayPal. The seller does not take on any transaction costs.
7.1.1 Credit or Debit Card
You can tell the difference between your credit and debit card by the imprint "Credit" or "Debit".
If the buyer chooses to pay by credit card, the time of payment corresponds to the time of the order, in that the buyer's credit card account is debited upon completion of the order. Amounts paid with the credit card are written of collectively from the buyer's checking account once a month.
The debit card is linked to the buyer's checking account, from which the money is debited immediately after the order is placed.
The seller works together with the Secupay AG (Goethestraße 6, 01896 Pulsnitz, Germany), to which the seller assigns its payment claim, so that the Secupay AG is responsible for the debit. A credit check by Secupay AG precedes the assignment of the payment claim. Even if the assignment of the payment claim has taken place, the seller remains the contractual partner of the buyer.
7.1.2 Giropay
Payment via giropay works in a similar way to a bank transfer in advance. The buyer is forwarded to the online banking of his bank and registers there in the login area.
The buyer confirms the payment order to the seller by TAN. When the payment is completed, the seller receives the transaction confirmation and can send the goods immediately.
7.1.3 Immediate Bank Transfer
Immediate Bank Transfer enables the purchase price to be paid while the order is being placed.
The SOFORT GmbH (Theresienhöhe 12, 80339 Munich, Germany) is responsible for the payment processing. The SOFORT GmbH is a technical payment service provider specializing in services for the secure purchase of goods on the Internet.
After confirmation of the secure payment form by the buyer, the SOFORT GmbH first checks the credit limit of the account. If the account is covered, the SOFORT GmbH immediately initiates the transfer of the purchase price to the seller. To do this, the buyer's online banking account must be approved for instant transfers.
Furthermore, the SOFORT GmbH requires data such as the account number, bank code, PIN and TAN. These are not visible to the seller.
If the transaction is successful, SOFORT GmbH sends the seller and the buyer an automated confirmation of the transaction.
Further information on how instant payment works can be found at: https://www.klarna.com/sofort/.
7.1.4 PayPal
Payment via PayPal requires that you open an account with PayPal or have already opened one. The payment is made in such a way that the buyer logs into his PayPal account and confirms the payment order to the seller.
PayPal (Europe) S.à r.l. et Cie (S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg) is responsible for payment processing.
For more information about PayPal's terms of use, visit: www.paypal.com.
§ 8 – Rights of the buyer in the case of defects
8.1 The following deviations from the rights of the buyer in the case of defects in §§ 434 ff. BGB apply only to contracts with entrepreneurs (see “Section 1.3.2 GTC”):
(a) Deviating from § 439 I BGB, the seller has the choice of whether the cure is to be carried out by remedying the defect or by supplying a thing free of defects.
(b) Deviating from § 438 I No. 3 BGB, the limitation period for the buyer's claims for defects is not two years, but one year. The shortening of the limitation period does not apply to claims for damages and reimbursement of expenses by the buyer or in the event of fraudulent concealment of the defect by the seller.
8.2 If the buyer is a merchant according to §§ 1 ff. German Commercial Coder (hereinafter “HGB”), the special statutory regulations of the German Commercial Code must be observed. This includes in particular the approval of the goods in accordance with § 377 HGB if the merchant does not meet his obligation to inspect the goods promptly after delivery and notify the seller without undue delay.
§ 9 – Retention of Title
The seller retains ownership (§ 903 BGB) of the delivered goods until the purchase price has been paid in full.
§ 10 - Right of withdrawal in consumer contracts
4.1 If you are a consumer according to "Section 1.3.1 GTC", you have a right of withdrawal in accordance with the statutory provisions.
4.2 If a consumer makes use of his right of withdrawal according to "Section 10.1 GTC", he bears the direct costs of the return.
4.3 Apart from that, the regulations from the “Instructions for the Right of Withdrawal of Consumers” on this website apply to the withdrawal process.
§ 11 - Dispute Resolution
The EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a point of contact for the out-of-court settlement of disputes relating to contractual obligations arising from online sales contracts.
More information is available at the following link: http://ec.europa.eu/consumers/odr.
In the event of problems, we prefer a direct exchange with the buyer and are therefore not willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board.
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