CAMEX GmbH's Terms & Conditions
§ 1. General
(1) The following general terms and conditions (GTC) apply to all, including future, contracts, deliveries and other services provided by CAMEX GmbH, Magnolienweg 12, 63741 Aschaffenburg (hereinafter: CAMEX), towards its commercial customers. The version of the GTC valid at the time of the order always applies.
(2) Deviating regulations of the customers are hereby contradicted. CAMEX only recognizes deviating conditions if this has been expressly agreed in writing. Agreements made with the customer in individual cases (including side agreements, additions and changes) always take precedence over these terms and conditions.
(3) The business relationships between CAMEX and the customer are subject to the law of the Federal Republic of Germany to the exclusion of the UN sales law. The place of jurisdiction is Aschaffenburg.
§ 2 Contract content and conclusion of contract
(1) CAMEX offers its customers the opportunity to order and buy cenospheres via the website www.CAMEX.info. Oral orders are not possible. All offers from CAMEX are non-binding. Deviations and technical changes compared to the images or descriptions are possible.
(2) CAMEX's offer is aimed exclusively at commercial customers. Orders from customers other than commercial customers will not be accepted by CAMEX.
(3) The contract is concluded when the order is accepted by CAMEX. CAMEX notifies the customer of the acceptance of the order by email. If the customer has chosen advance payment or cash on delivery as the payment method, the acceptance of the order is subject to timely payment in accordance with Section 4 (2).
(4) With the order confirmation, CAMEX sends the contract text and these general terms and conditions to the customer.
§ 3 Prices
The prices valid at the time of the order are decisive. These are plus the statutory value added tax of currently 19% and including shipping and packaging costs.
§ 4 Payment
(1) Deliveries to customers by CAMEX take place at the customer's choice against prepayment or cash on delivery. First-time customers and customers with a seat outside of the Federal Republic of Germany will only be supplied against prepayment. CAMEX issues an invoice to the customer, which is given to him upon delivery of the goods or is sent to him by letter.
(2) If the customer chooses to pay in advance, the agreed purchase price must be transferred to CAMEX within 10 days, stating the order number. If the customer chooses to pay by cash on delivery, the cash on delivery costs of € 15.00 must be transferred to CAMEX within 10 days, stating the order number.
(3) Notwithstanding Paragraph 1, CAMEX can, at its own discretion, offer delivery against invoice. The invoice amounts are due immediately on delivery against invoice without deduction. In the event of late payment, interest on arrears of at least 8 percentage points above the base rate will apply. CAMEX is entitled to prove and demand higher damage caused by default.
§ 5 Delivery, self-delivery reservation and transfer of risk
(1) Unless otherwise contractually agreed, the ordered goods will be delivered to the address given by the customer. CAMEX reserves the right to make a partial delivery, provided that this appears advantageous for a speedy processing and is not unreasonable. Special forms of delivery requested by the customer will be charged separately by agreement.
(2) Information about the delivery period is non-binding, unless, in exceptional cases, the delivery date has been bindingly promised by CAMEX. CAMEX dispatches goods that are in stock within 7-10 working days. If the goods are marked as not in stock when the order is placed, CAMEX will endeavor to deliver as quickly as possible. If the non-compliance with a delivery or service deadline is due to force majeure, labor disputes, unforeseeable obstacles or other circumstances for which CAMEX is not responsible, the deadline will be extended appropriately.
(3) CAMEX reserves the right to release itself from the obligation to fulfill the contract if the goods are to be delivered by a supplier on the day of delivery and delivery is not made in whole or in part. This self-delivery reservation only applies if CAMEX is not responsible for the lack of delivery. CAMEX is not responsible for the failure to perform if a so-called congruent covering transaction was concluded with the supplier in good time to fulfill the contractual obligations. If the goods are not delivered, CAMEX will immediately inform the customer of this fact and reimburse the purchase price. The customer can determine that the refund amount is credited to the customer account and offset against future orders.
(4) The risk passes to the customer when the goods are dispatched by CAMEX.
§ 6 Retention of title, offsetting
(1) The goods delivered remain the property of CAMEX until all claims to which CAMEX is entitled in connection with the contract have been settled.
(2) The customer is only entitled to offset if his counterclaims have been recognized by CAMEX or have been legally established. The customer is only authorized to exercise a right of retention if his counterclaim is based on the same contractual relationship.
§ 7 liability for defects
(1) Insofar as defects - e.g. Production errors or damage are present, the customer is entitled to the statutory warranty rights in accordance with the following provisions. Dislike, on the other hand, does not constitute a defect that would entitle the customer to assert warranty claims. In the latter case, the return of the goods by CAMEX is expressly excluded.
(2) The customer must inspect the delivered goods immediately after delivery and notify CAMEX of any defects found with a precise description in writing or by email. If the customer fails to notify us, the delivered goods are deemed to have been approved, unless there is a defect that could not be identified during the examination. If such a defect becomes apparent later, it must be reported to CAMEX immediately after discovery, with a precise description, in writing or by email; otherwise the goods are also considered approved with regard to this defect.
(3) If there are defects and if they were asserted in good time, CAMEX is entitled to supplementary performance. If supplementary performance fails, the customer is entitled to reduce the purchase price or to withdraw from the contract.
(4) The customer must return defective goods in the insured package. Unpaid shipments are not accepted by CAMEX. CAMEX will immediately reimburse the customer for the purchase price and the return costs. The customer can determine that the refund amount is credited to the customer account and offset against future orders.
(5) In addition, the statutory provisions apply with regard to the warranty, in particular §§ 377 ff. HGB.
§ 8 Liability
(1) Outside of liability for material and legal defects, CAMEX has unlimited liability insofar as the cause of the damage is based on intent or gross negligence. CAMEX is also liable for the slightly negligent breach of essential obligations (obligations the breach of which endangers the achievement of the contractual purpose) as well as for the breach of cardinal obligations (obligations whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the customer regularly relies) , but only for the foreseeable, contract-typical damage. CAMEX is not liable for the slightly negligent breach of obligations other than those mentioned above.
(2) The limitations of liability of the preceding paragraph do not apply to injury to life, limb and health, to a defect after assuming a guarantee for the quality of the product and to fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
(3) If CAMEX's liability is excluded or limited, this also applies to the personal liability of its employees, representatives and vicarious agents.
§ 9 Data protection
(1) The customer is aware and consents to the personal data required to process the order being stored by CAMEX on data carriers. The customer expressly consents to the collection, processing and use of his personal data. The stored personal data will of course be treated confidentially by CAMEX. The collection, processing and use of the customer's personal data takes place in compliance with the GDPR.
(2) The customer has the right to revoke his consent at any time with effect for the future. In this case, CAMEX is obliged to delete the customer's personal data immediately. In the case of ongoing order processes, the deletion takes place after the order process has been completed.