Terms of service
General Terms and Conditions
§1 GENERAL
(1) These General Terms and Conditions (hereinafter "GTC") apply to all contracts concluded via our online shop between us, Campo Libre GmbH, Reichenhaller Straße 35, 81547 Munich, Germany, represented by Markus Fischer and Philipp Schlösser, email: support@campolibre.eu, HRB 264416 Local Court of Munich, VAT identification no. DE342402559 (hereinafter "Campo Libre"), and the customer. The GTC apply irrespective of whether you are a consumer or an entrepreneur. The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot predominantly be attributed to their commercial or self-employed professional activity. By contrast, an entrepreneur is any natural or legal person, or a partnership with legal capacity, that acts in the exercise of its commercial or self-employed professional activity when concluding the contract.
These GTC apply to deliveries within Germany, to EU member states, to the United Kingdom and to Switzerland. For customers resident in Switzerland, the special provisions for deliveries to third countries set out in §8a apply in addition.
(2) The version of the GTC valid at the time of the order shall in each case be decisive.
(3) Our GTC apply exclusively. We do not accept any terms of the customer that deviate from them. This also applies if we do not expressly object to their inclusion.
(4) The contract language is English or German.
§2 OFFER
(1) The products displayed by Campo Libre at https://www.campolibre.eu are offered for sale exclusively to natural or legal persons with full legal capacity. Persons without legal capacity or with limited legal capacity may only purchase the goods offered for sale with the involvement and consent of their legal representative. The goods in the online shop at https://www.campolibre.eu are not sold to commercial resellers.
(2) The images in the online shop serve merely to present the product and do not constitute a legally binding offer by Campo Libre. All information is subject to change and may contain errors.
§3 CONCLUSION OF THE CONTRACT
(1) The ordering process begins when the customer places the items offered for sale in the online shop into the virtual "shopping cart" and then proceeds to the virtual "checkout". By clicking the "Buy" button during the ordering process, the customer completes the order and signals to Campo Libre a legally binding intention to purchase the items in the shopping cart. The data entered by the customer before completing the ordering process can be changed at any time using the editing functions integrated into the ordering process ("Edit" and "Delete" buttons).
(2) The customer's order is confirmed without undue delay upon receipt ("order confirmation"). The order confirmation does not in itself constitute a legally binding acceptance of the order by Campo Libre; it merely informs the customer that the order has been duly transmitted to Campo Libre. Nevertheless, an order confirmation may be combined with a declaration of acceptance of the contract (cf. clause 3(3) of these GTC).
(3) The acceptance of an order and the associated conclusion of the contract only take place once (i) an express declaration of acceptance of the contract ("order confirmation") is issued; (ii) the goods are dispatched and the customer is notified of the dispatch ("dispatch confirmation"); or (iii) the customer is requested to pay (e.g. by advance payment, bank transfer). If more than one of the above conditions (i), (ii) and (iii) is met, the contract is concluded at the point in time when the first condition is met. Following receipt of an order, Campo Libre has three business days to accept a contractual offer.
§4 STATUTORY RIGHT OF WITHDRAWAL
(1) Campo Libre hereby informs customers of the statutory right of withdrawal set out below. This information does not include any contractually granted rights that go beyond those guaranteed by law.
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period is fourteen days from the day on which you — or a third party named by you who is not the carrier — take(s) possession of the goods.
To exercise the right of withdrawal, you must inform us
Campo Libre GmbH Reichenhaller Straße 35 81547 Munich, Germany Email: support@campolibre.eu
of your decision to withdraw from this contract by means of an unequivocal statement (e.g. a letter sent by post, a fax, or an email). You may use the attached model withdrawal form for this purpose, although it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your notification concerning the exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we will reimburse all payments received from you, including delivery costs (with the exception of the additional costs arising from your choosing a type of delivery other than the standard delivery offered by us — for example, where the minimum purchase amount for free shipping has not been reached), without undue delay and in any event no later than 14 days from the day on which we are informed of your decision to withdraw from this contract. For this reimbursement, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees as a result of this reimbursement. We may withhold the reimbursement until we have received the goods back, or until you have supplied evidence that you have sent back the goods, whichever is the earlier.
You shall send the goods back to us, without undue delay and in any event no later than fourteen days from the day on which you notify us of your withdrawal from this contract, at your own expense, to
Campo Libre GmbH c/o ProChannel GmbH Sterzinger Str. 4 86165 Augsburg Germany
The deadline is met if you send back the goods before the period of 14 days has expired.
You are only liable for any diminished value of the goods resulting from handling them in a way other than what is necessary to establish their nature, characteristics and functioning.
(1a) Right of withdrawal for customers from Switzerland
The 14-day right of withdrawal described in §4(1) is granted by Campo Libre voluntarily to customers resident in Switzerland, even though there is no statutory right of withdrawal for online orders in Switzerland. The conditions correspond to the provisions set out in §4(1), with the following proviso:
Import taxes, customs duties and customs clearance fees already paid to the Swiss authorities or the delivery service will not be reimbursed by Campo Libre. A refund of these amounts must, where applicable, be applied for directly from the competent Swiss customs authority (Federal Office for Customs and Border Security, BAZG). Information on this is available at www.bazg.admin.ch.
Returns are made at the customer's expense. For returns from Switzerland to the German returns address, the parcel must be clearly marked as "Retourware / Returned Goods" in order to avoid customs clearance being charged again.
(2) Model withdrawal form
(Complete and return this form only if you wish to withdraw from the contract)
To:
Campo Libre GmbH Reichenhaller Straße 35 81547 Munich, Germany Email: support@campolibre.eu
I/We () hereby withdraw from the contract concluded by me/us () for the purchase of the following goods ()/the provision of the following service (),
Ordered on ()/received on ()
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is submitted on paper),
Date
(*) delete as applicable.
(3) Campo Libre makes the following non-binding recommendations regarding the handling of the goods during the withdrawal period and the return of the purchased item in the event of withdrawal from the contract. These recommendations are merely suggestions and do not constitute conditions for exercising the right of withdrawal: The customer is asked to return the purchased goods to Campo Libre with postage prepaid.
The customer is asked to avoid damaging or soiling the purchased goods during the withdrawal period and, where possible, to return the purchased goods to Campo Libre in their original packaging, with all accessories and packaging contents. If the original packaging is no longer available, suitable packaging should be used to prevent damage in transit.
§5 PRODUCT PRICES, SHIPPING COSTS AND ACCEPTED PAYMENT METHODS
(1) All prices stated include the applicable statutory VAT and exclude any shipping costs that may arise, as well as costs associated with the chosen payment method. For deliveries outside the European Union (in particular to the United Kingdom and Switzerland), import taxes, customs duties and the delivery service's customs clearance fees may apply in addition, which the customer must pay directly to the delivery service on delivery. Details of deliveries to Switzerland can be found in §8a. The goods ordered in the online shop are sold at the prices valid on the order date. The prices are clearly stated during the ordering process. The customer is informed of any shipping costs and any costs arising from the chosen payment method during the ordering process.
(2) Campo Libre accepts payments by credit card and PayPal; Campo Libre reserves the right to refuse certain payment methods.
§6 DUE DATE AND PROCESSING OF THE ORDER
(1) All amounts invoiced to the customer by Campo Libre are, in principle and unless otherwise stated in these GTC, payable strictly net at the time the contract takes effect.
(2) In the case of advance payment by bank transfer, the customer must transfer the invoice amount to the account specified by Campo Libre within 7 days of conclusion of the contract. The ordered goods are reserved for the customer and dispatched once payment has been received.
(3) Payments via "PayPal" are subject to the "PayPal User Agreement" of PayPal (Europe) S.à r.l. & Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. The terms of use that PayPal users must accept in order to transact with PayPal (Europe) S.à r.l. & Cie, S.C.A. are available at www.paypal.com. The goods are dispatched after payment confirmation from PayPal.
(4) Invoices, credit notes and, where applicable, payment reminders are sent to the customer exclusively by email.
§7 RETENTION OF TITLE
Ordered goods remain the property of Campo Libre until full payment has been made.
§8 DELIVERY
(1) The delivery times stated are estimated delivery times. If the item is shipped as a parcel, delivery takes approximately 1–4 business days from the date of payment, unless otherwise stated in the online shop.
(2) Campo Libre ships the ordered goods either directly or via a commissioned third party to the address specified by the customer.
(3) Should items be out of stock and dispatch be delayed as a result, Campo Libre will notify the customer without undue delay by email. In such cases, Campo Libre is entitled to make partial deliveries, provided this is reasonable for the customer. Any additional shipping costs arising from partial deliveries are borne by Campo Libre. The customer's statutory rights remain unaffected.
(4) If Campo Libre is unable, through no fault of its own, to dispatch the ordered goods because its own supplier has failed to meet its contractual obligations, or if the items ordered by the customer are unavailable for longer than one month due to force majeure, Campo Libre may withdraw from the purchase contract. Campo Libre will inform the customer without undue delay of any dispatch difficulties. If Campo Libre withdraws from the contract, Campo Libre will reimburse any payments already made by the customer without undue delay. The customer's further statutory rights remain unaffected.
§8a SPECIAL PROVISIONS FOR DELIVERIES TO SWITZERLAND
(1) Deliveries to Switzerland are made from Campo Libre's warehouse in Germany. As Switzerland is not a member of the European Union, shipments go through Swiss customs clearance.
(2) Shipping to Switzerland is carried out under the Incoterm DAP (Delivered At Place). This means: the price paid by the customer at the time of ordering covers the goods and the shipping costs from Germany to the delivery address in Switzerland. The following charges and fees arising on import are not included in the order price:
a) Swiss import tax (VAT) at the rate currently of 8.1% on the taxable value of the goods (cost of goods plus shipping costs),
b) any applicable customs duties (for most products distributed by Campo Libre, no customs duties currently apply),
c) the delivery service's customs clearance fees (DHL or Swiss Post) for handling the customs formalities.
(3) These charges and fees are collected directly from the recipient by the delivery service on delivery. By concluding the contract, the customer undertakes to pay the stated charges and fees to the delivery service on delivery. A refusal to pay may result in the goods being returned by the delivery service, whereby the resulting return transport costs may be charged to the customer.
(4) The amount of import tax actually payable depends on the applicable Swiss VAT rate and the order value. The amount of the delivery service's customs clearance fee is set by that company. Campo Libre has no influence over the amount of these fees.
(5) During the ordering process, the customer confirms by active consent that they have taken note of the aforementioned additional costs and agree to bear them on delivery.
(6) The expected delivery time for shipments to Switzerland is 5 to 7 business days from dispatch, including customs clearance. Delays caused by the customs authorities are outside Campo Libre's control.
§9 LIABILITY FOR DEFECTS
The provider is liable for material defects in accordance with the applicable statutory provisions, in particular Sections 434 et seq. of the German Civil Code (BGB). Vis-à-vis entrepreneurs, the warranty period for items supplied by the provider is 12 months.
§10 COPYRIGHT AND INDUSTRIAL PROPERTY RIGHTS
(1) The content of the website at https://www.campolibre.eu, including but not limited to text, graphics, photos, still images, animated images, audio recordings and software ("Content"), is the (intellectual) property of Campo Libre, its licensees or content providers, unless it is subject to third-party copyright. Reproduction, editing, translation or other modification of the Content, including use of the Content, in particular on platforms such as www.ebay.com, is not permitted.
(2) All trademarks and brand names displayed are the (intellectual) property of their respective owners.
§11 LIABILITY
(1) Claims by the customer for damages are excluded. Excepted from this are claims by the customer for damages arising from injury to life, body or health, or from the breach of essential contractual obligations (cardinal obligations), as well as liability for other damage based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract and on which the customer relies and may rely.
(2) In the event of a breach of essential contractual obligations, the provider is liable only for the foreseeable damage typical of the contract, where this was caused by simple negligence, unless the claims concern damages by the customer arising from injury to life, body or health.
(3) The limitations in paragraphs 1 and 2 also apply in favour of the provider's legal representatives and vicarious agents where claims are asserted directly against them.
(4) The liability limitations arising from paragraphs 1 and 2 do not apply insofar as the provider has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies insofar as the provider and the customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected.
§12 DATA PROTECTION POLICY
(1) All personal data provided by the customer (such as title, name, address, email) is collected, processed and stored by Campo Libre in strict compliance with the provisions of German data protection law.
(2) Campo Libre uses the customer's details to fulfil and process the customer's order. The customer's data may be passed on to the shipping company commissioned to deliver the goods. For payment processing, Campo Libre may pass on the customer's payment data to the credit institution or payment service provider used by Campo Libre. After full performance of the contract and full payment of the purchase price, the customer's data is blocked for later use and completely deleted after the expiry of the retention periods under tax and commercial law.
(3) Campo Libre uses the customer's email address to provide information about similar offers relating to products ordered from Campo Libre. The use of the email address to provide information about similar products can be objected to at any time.
(4) Further information on data protection is provided by Campo Libre on its website at https://www.campolibre.eu
(5) When processing the personal data of customers resident in Switzerland, Campo Libre observes not only the EU General Data Protection Regulation (GDPR) but also the provisions of the Swiss Federal Act on Data Protection (DSG). A detailed privacy policy with information on the rights of Swiss customers is available at https://www.campolibre.eu
§13 FINAL PROVISIONS
(1) Contracts between the provider and the customer are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The statutory provisions on the restriction of choice of law and on the applicability of mandatory provisions, in particular of the state in which the customer as a consumer has their habitual residence, remain unaffected. This applies accordingly to consumers with habitual residence in Switzerland, insofar as mandatory provisions of Swiss law apply.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the provider's registered office.
(3) We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board under the German Consumer Dispute Resolution Act (VSBG).