Terms and Conditions

(1) The following terms and conditions apply to orders for items placed by consumers or entrepreneurs in the BVCD Online Shop (www.bvcd.de/shop).

(2) A consumer is every natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession. (§ 13 BGB).

(3) An entrepreneur is 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. (§ 14 BGB).

(4) In the case that differentiated conditions apply between consumers and entrepreneurs, this is indicated by the explicit use of the term consumer or entrepreneur. If no differentiated regulation exists, consumers and entrepreneurs are hereinafter referred to as customers.

(5) For better readability of the text, gender-specific forms of language are not used. All references to persons apply to all genders.

§ 2 Formation of the contract

(1) In the event of formation of the contract, the contract shall be concluded with

BVCD Service GmbH
Spandauer Burgwall 22A
D-13581 Berlin
Represented by managing director: Christian Günther
Registered in Berlin VR: 22164
Tax number: 37/166/22003
VAT ID no: DE 258717705

(2) The presentation of the products at www.bvcd.de/shop does not constitute a legally binding contractual offer on our part but is only a non-binding invitation to customers to order the goods. By ordering the desired goods, the customer submits a binding offer to conclude a purchase contract.

(3) The purchase contract is concluded upon acceptance of the offer. Acceptance takes place by means of an order confirmation by e-mail immediately after receipt of the order.
 

§ 3 Contract language, storage of the contract text

(1) The contractual language is German.

(2) We save the contract text and send the customer the order data by email. Customers can view the terms and conditions at any time here on this page.

§ 4 Right of withdrawal

(1) Consumers have a right of withdrawal in accordance with the statutory provisions (§ 355 BGB). The withdrawal period is fourteen days from the day on which the consumer or a third party named by the consumer who is not the carrier has taken possession of the goods.

(2) Excluded from the right of withdrawal are electronic data carriers, files sent by email and personalised items, such as the Camping Key Europe. The latter does not apply if BVCD Service GmbH fails to deliver the item. In this case, it is at the discretion of BVCD Service GmbH to refund the purchase price, exchange the goods or grant a price reduction. An item with incorrect personalisation can only be exchanged or refunded if the error was caused by the BVCD Service GmbH when personalising the card. Errors caused by incorrect information provided by the consumer are excluded from exchange and refund.

(3) To exercise the right of withdrawal consumers must inform us…

BVCD Service GmbH
Spandauer Burgwall 22A
D-13581 Berlin
E-Mail: info@bvcd.de
Phone: +49 30 33 77 83 20

… about the decision to withdraw from the contract by means of a clear declaration (e.g. a letter sent by post, an e-mail or a phone call). In order to comply with the withdrawal period, it is sufficient for consumers to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

(4) Consequences of withdrawal: If consumers withdraw from this contract, we must reimburse consumers all payments we have received, including delivery costs (with the exception of additional costs resulting from the fact that a type of delivery other than the cheapest standard delivery offered by us was chosen), without delay and at the latest within fourteen days from the day on which we received notification of the withdrawal from this contract. For payments abroad, bank charges will be deducted. For this repayment, we use the same means of payment that consumers used for the original transaction, unless expressly agreed otherwise with consumers; in no case will fees be charged because of this repayment. We can refuse repayment until we have received the goods back or until the consumer has provided proof that the goods have been returned, whichever is the earlier.

(5) Consumers must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the withdrawal from this contract. The time limit is met if consumers send the goods before the expiry of the period of fourteen days. The consumer bears the direct costs of returning the goods, unless the delivered goods do not correspond to the ordered goods. In this case, BVCD Service GmbH shall bear the return costs. Consumers only have to pay for any loss in value of the goods if this loss in value is due to handling by consumers that is not necessary for checking the condition, properties and functioning of the goods.

§ 5 Terms of delivery

(1) We deliver the order placed by the customer on behalf of the customer through the shipping company commissioned by us, usually Deutsche Post AG, to the delivery address specified by the customer. Shipment will take place within 14 days. We will indicate any deviating delivery times on the respective product page. Additional costs may apply for deliveries abroad.

(2) For consumers, there is a statutory provision that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to the consumer upon handover of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if consumers have independently commissioned a transport company not named by the company or a person otherwise designated to carry out the shipment. For entrepreneurs, delivery and shipment shall be at their own risk.

§ 6 Prices and payment modalities

(1) The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes and shipping costs.

(2) Depending on the payment method, additional costs (transaction costs) may apply. Customers are advised of any additional costs when selecting the payment method.

(3) If the payment method of prepayment is chosen, we reserve the right not to dispatch the item before receipt of payment.

(4) We are entitled to withdraw from the contract if you are in default of payment. If the customer defaults on payment, we are entitled to charge interest on arrears at a rate of 5% above the base rate of the European Central Bank, unless a lesser loss is proven.

§ 7 Retention of title

(1) In the event of an order by a consumer the delivered goods remain our property until payment has been made in full.

(2) Additionally, the following applies for entrepreneurs:

   (a) We retain title to the goods until all claims arising from the current business relationship have been settled in full. Prior to the transfer of ownership of the goods subject to retention of title, pledging or security transfer is not permitted.

   (b) Entrepreneurs may resell the goods in the ordinary course of business. In this case you now assign to us already all claims in the amount of the invoice amount which accrue to you from the resale, we accept the assignment. Entrepreneurs are further authorised to collect the claim. However, insofar as you do not properly fulfil your payment obligations, we reserve the right to collect the claim ourselves.

   (c) If the reserved goods are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.

   (d) We undertake to release the securities to which we are entitled upon request to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is incumbent on us.

§ 8 Warranty

(1) The statutory rights of liability for defects applies.

(2) Consumers are asked to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If consumers do not comply with this, this has no effect on their statutory warranty claims.

(3) For entrepreneurs, the following applies in deviation from the above warranty regulations:

   (a) Only our own specifications and the manufacturer's product description shall be deemed agreed as the quality of the item, but not other advertising, public promotions and statements by the manufacturer.

   (b) In the event of defects, we shall provide warranty at our discretion by rectification of the defect or subsequent delivery. If the rectification of the defect fails, you may, at your discretion, demand a reduction or withdraw from the contract. The rectification of defects shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the item or the defect or other circumstances indicate otherwise. In the event of rectification, we shall not have to bear the increased costs incurred by transporting the goods to a place other than the place of performance, provided that the transport does not correspond to the intended use of the goods.

   (c) The warranty period is one year from delivery of the goods. The shortening of the period does not apply:

   - for culpably caused damage attributable to us arising from injury to life, limb or health and for other damage caused intentionally or by gross negligence;

   - insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;

   - in the case of items that have been used for a building in accordance with their customary use and have caused its defectiveness;

   -in the case of statutory rights of recourse which you have against us in connection with rights arising from defects. If the goods delivered to you have defects that are covered by warranty, you as the customer can demand either the rectification of the defect or a replacement delivery. The limitation period for the warranty claim with regard to the delivered goods is 2 years from delivery of the goods.

(4) Note on the use of the files sent by e-mail: The files made available in the online shop have been created by BVCD e.V. with great care, but do not claim to be complete or correct. The sample contracts serve as a formulation aid and suggestion, but do not release the user from careful examination on his or her own responsibility. The sample contracts are suggestions for possible company regulations; many specifications can be agreed freely. It is recommended that the user adopt formulations individually as required in his sample contracts. Before users accept the unchanged content of the sample contracts, it is in their own interest to check whether adjustments to the specific situation to be regulated and legal developments must be made. BVCD e.V. and BVCD Service GmbH have no influence on this process and can therefore accept no liability for the effects on the legal position of the parties. Liability for slight negligence is also excluded in principle. If you require a tailor-made contract, you should seek advice from a lawyer you trust.

§ 9 Liability 

(1) We shall be liable in each case without limitation for damages arising from injury to life, limb or health. Furthermore, we shall be liable without limitation in all cases of intent and gross negligence, in the event of fraudulent concealment of a defect, in the event of the assumption of a guarantee for the quality of the object of purchase and in all other cases regulated by law.

(2) Liability for defects under the statutory warranty is governed by the corresponding provision in § 8 Warranty.

(3) Insofar as essential contractual obligations are affected, our liability for slight negligence shall be limited to the foreseeable damage typical for the contract. Fundamental contractual obligations are fundamental obligations which arise from the nature of the contract and the breach of which would jeopardise the achievement of the purpose of the contract as well as obligations which the contract imposes on us according to its content for the achievement of the purpose of the contract, the fulfilment of which makes the proper performance of the contract possible in the first place and compliance with which you may regularly rely on.

(4) If minor contractual obligations are breached, liability for slightly negligent breaches of duty is excluded.

(5) Data communication via the internet cannot be guaranteed to be error-free and/or available at all times according to the current state of the art. In this respect, we are not liable for the constant or uninterrupted availability of the website and the service offered there.

§ 10 Dispute resolution

(1) The EU Commission has created an internet platform for online dispute resolution. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. More information is available at the following link: http://ec.europa.eu/consumers/odr .

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

§ 11 Choice of law, place of performance, place of jurisdiction

(1) The law of the Federal Republic of Germany shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn as a result (favourability principle).

(2) The place of performance for all services arising from the business relations with us and the place of jurisdiction is Berlin, insofar as you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if customers do not have a general place of jurisdiction in Germany or the EU or if their place of residence or habitual abode is unknown at the time the action is brought. The right to also invoke the court at another statutory place of jurisdiction remains unaffected by this.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.

Berlin, 11.01.2021