General Terms and Conditions

for the online shop at the URL https://www.zm-camping.de

operated by
ZM Media
Martin Rauschenberg
Rose-Ausländer-Straße 18
41564 Kaarst
E-mail: info@zm-camping.de
Telephone number: +49 2131 5954914

– hereinafter: the Provider –

1. Scope of application

1.1 General

These General Terms and Conditions (GTC) apply, once incorporated, to all conclusions of contract concerning the purchase of goods, the provision of services, the supply of digital content and the conclusion of subscriptions (hereinafter collectively “Services”) in the online shop at the above-mentioned URL, in the version valid at the time of the conclusion of contract. These GTC apply exclusively. Terms and conditions of yours that deviate from these do not become part of the contract unless we expressly consent to them.

1.2 Orientation of the online shop (B2C)

The online shop at the above-mentioned URL is directed exclusively at consumers within the meaning of § 13 BGB (Bürgerliches Gesetzbuch – German Civil Code). A consumer is any natural person who concludes a legal transaction for purposes that predominantly can be attributed neither to their commercial nor to their self-employed professional activity. Orders via the online shop can therefore only be placed by consumers. By placing an order via the online shop you confirm that you are acting as a consumer.

Traders within the meaning of § 14 BGB who wish to acquire Services for commercial or self-employed professional purposes are requested to contact us by e-mail at info@zm-camping.de. Separate conditions apply to commercial orders and are agreed within the framework of an individual quotation.

2. Conclusion of contract

2.1 General

The offers in the online shop constitute a non-binding invitation from us to the visitors of the online shop to submit an offer to purchase the Services offered in the shop.

2.2 Ordering goods

The goods are ordered via our online order form. After selecting the desired goods, entering all of the mandatory information requested and completing all other mandatory steps in the ordering process, the selected goods can be ordered by clicking the order button at the end of the checkout page (order). By placing the order you submit a binding contractual offer to purchase the selected goods. The contract is concluded when we accept your offer. Acceptance takes place by our confirming the conclusion of contract in written or text form (e. g. by e-mail) (order confirmation) and this order confirmation reaching you, or by our delivering the ordered goods and these goods reaching you, or by our requesting payment from you (e. g. invoice or credit card payment during the ordering process) and the request for payment reaching you; decisive for the time of the conclusion of contract is the point in time at which one of the alternatives named in the first half-sentence first occurs.

2.3 Conclusion of subscriptions (digital services)

Certain Services are offered as a monthly subscription granting you ongoing access to digital content or service areas (hereinafter “subscription”). A subscription contract is concluded in accordance with the procedure described in section 2.2. Upon conclusion of contract a continuing obligation for an indefinite period comes into existence. The subscription is automatically extended by one further billing month in each case unless it is terminated in accordance with section 2.8. Before the conclusion of contract you will be informed transparently, within the ordering process, about the type of subscription, the term, the monthly price and the termination options.

2.4 Opportunity to correct

Before submitting the order bindingly via our online order form, you can check your entries and correct them at any time using the customary keyboard, mouse, touch or other available input functions. In addition, all entries are displayed once more in a confirmation window before the order is submitted bindingly and can also be corrected there using the customary keyboard, mouse, touch or other available input functions.

2.5 Contract text

We will store the contract text after the conclusion of contract and send it to you in text form (e. g. by e-mail). We do not make the contract text accessible beyond this. If the purchase was made via a customer account in the online shop, you can view your orders and the associated order data there.

2.6 Contract language

The following language is available for the conclusion of contract: German

2.7 Cancellation of orders

Cancellation of the order by you outside the statutory right of withdrawal is possible only on a voluntary basis on our part.

In this case the amount originally paid can either be credited as shop credit in your customer account or be refunded to the payment method originally used.

The following applies to subscriptions: should you wish to cancel your subscription before access has been activated, please contact us without delay at info@zm-camping.de. In this case the full amount will be refunded. Once access has been activated, cancellation is no longer possible; instead, the subscription can be terminated in accordance with section 2.8.

The statutory right of withdrawal pursuant to §§ 355 ff. BGB remains unaffected by this.

2.8 Termination of subscriptions

You can terminate a subscription by ordinary notice at any time with effect from the end of the current billing month. Access remains in place until the end of the billing period already paid for. Contributions already paid for the current month are not refunded on a pro rata basis.

Termination requires text form (e. g. by e-mail to info@zm-camping.de) or can be effected via the termination button on our website pursuant to § 312k BGB. We will confirm receipt of the termination and the date of termination to you in text form without delay.

The right to extraordinary termination for good cause remains unaffected for both contracting parties.

2.9 Special provisions for pre-orders

If a product is offered as a pre-order, we begin production of the ordered goods after the conclusion of contract. You will be expressly informed of this within the ordering process.

Where the goods are made to customer specifications or are clearly tailored to your personal needs, there is no right of withdrawal pursuant to § 312g Abs. 2 Nr. 1 BGB. You will be informed of this separately before submitting the order.

In all other cases the consumer’s statutory right of withdrawal remains unaffected. Insofar as we are entitled by law to compensation for value in the event of a withdrawal, this is governed exclusively by the statutory provisions (§§ 357a ff. BGB). A claim to compensation for value exists only insofar as you were previously duly instructed about your right of withdrawal and its consequences.

2.10 Discount codes and promotions

The issuing and redemption of discount codes and promotional vouchers (hereinafter collectively “discount codes”) are additionally governed by the conditions stated for the respective promotion as well as by our separately published discount code conditions (available at https://www.zm-camping.de/pages/rabattcode-bedingungen). This section applies exclusively to discount codes granted free of charge within the above meaning; gift vouchers or value vouchers purchased for consideration are not covered by it and are governed by the statutory provisions. There is no legal entitlement to the issuing or use of discount codes. Discount codes must be entered during the ordering process; the subsequent crediting of a discount to orders already submitted is excluded. The statutory right of withdrawal (section 3) remains unaffected; the exclusion of subsequent crediting concerns exclusively the granting of the discount and not the reversal of the contract in the event of a withdrawal.

If a promotion is inadvertently displayed or published incorrectly (e. g. an incorrect discount value, a typing error or a technical error), no entitlement to its use arises from this either. We reserve the right to correct, block or withdraw obviously erroneous discount codes or promotions before the conclusion of contract and to refuse acceptance of an order received at an erroneous price. A contract that has already been validly concluded remains unaffected by this; in that respect only the statutory provisions (in particular the statutory rights of avoidance, §§ 119 ff. BGB) and the prices agreed pursuant to section 4.1 apply.

2.11 Gift vouchers

Gift vouchers (value vouchers) purchased from us for consideration are additionally governed by the separately published gift voucher conditions (available at https://www.zm-camping.de/pages/geschenkgutschein-bedingungen). Gift vouchers are valid for three years from the end of the year in which they were purchased (§§ 195, 199 BGB). They can be redeemed exclusively for products sold directly by us; any remaining credit is retained and can continue to be redeemed within the period of validity. Cash payment of the voucher value or of any remaining credit is excluded. The statutory right of withdrawal (section 3) remains unaffected.

3. Right of withdrawal for consumers

Consumers generally have a right of withdrawal in the case of contracts concluded off-premises and in the case of distance contracts. A consumer is any natural person who concludes a legal transaction for purposes that predominantly can be attributed neither to their commercial nor to their self-employed professional activity. This applies equally to contracts for the supply of goods, the provision of services and the supply of digital content, including subscriptions. Details can be found in the instructions on withdrawal, which are made available to every consumer at the latest immediately before the conclusion of contract.

4. Payment

4.1 General

The prices listed in the online shop at the time of the order apply. All prices include statutory value added tax and are subject to the addition of any shipping costs listed. You will be informed about the available payment options in our online shop.

4.2 Recurring payments for subscriptions

In the case of subscriptions, the monthly subscription price is charged at the beginning of each billing period and is due immediately. The first billing period begins on the day of the conclusion of contract. Billing takes place via the payment method you selected during the ordering process. You ensure that the payment method stored is valid and has sufficient funds at the time of the respective debit. If a debit fails for reasons for which you are responsible, we are entitled to temporarily block access to the digital service after an unsuccessful reminder until the outstanding amount has been settled.

4.3 One-off payments

If “advance payment” is agreed, the purchase price becomes due immediately after the conclusion of contract.

If payment by credit or debit card is agreed, the purchase price becomes due immediately after the conclusion of contract.

If payment via “PayPal” is agreed, the purchase price becomes due immediately after the conclusion of contract. Payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg.

If payment via “Apple Pay” or “Google Pay” is agreed, the purchase price becomes due immediately after the conclusion of contract. Payment is processed via the respective provider using the payment method you have stored there.

If payment via “Shop Pay” is agreed, the purchase price becomes due immediately after the conclusion of contract. Payment is processed via Shopify using the payment method you have stored there.

If payment via “Klarna” is agreed, the purchase price becomes due in accordance with the Klarna payment type you have selected. Payment is processed via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden. Klarna’s conditions, to which you are referred during the ordering process, apply in addition.

If payment in cryptocurrency (e. g. Bitcoin) is agreed, the purchase price becomes due immediately after the conclusion of contract. Conversion and payment processing take place via the payment service provider stated during the ordering process at the exchange rate stated there. Decisive is the invoice amount shown in euros at the time of payment.

5. Retention of title

Insofar as the contract has the supply of goods as its subject matter, the purchased goods remain our property until the purchase price has been paid in full. The following applies to subscriptions and digital services: for the duration of the contractual relationship you receive a simple, non-transferable right to use the digital content provided. The right of use expires upon termination of the contract.

6. Delivery, provision and reservation of self-supply

6.1 Delivery of goods

Subject to any deviating agreements, delivery takes place within the delivery time stated in the online shop to the delivery address specified by you. The applicable delivery times can be found in the online shop.

6.2 Freight forwarder deliveries

In the case of freight forwarder deliveries, delivery takes place, subject to any deviating agreements, “free kerbside”. This means delivery to the nearest public kerbside to the delivery address specified.

6.3 Collection in person

Collection in person of the goods purchased is only possible if this is expressly offered and agreed during the ordering process.

6.4 Provision of digital services (subscriptions)

In the case of subscriptions and digital services, provision takes place by activation of access. We make access available to you without delay after the conclusion of contract and receipt of payment. We endeavour to achieve high availability of the digital service, but do not guarantee uninterrupted accessibility. Temporary restrictions may arise in particular from maintenance work, technical faults or force majeure.

Your rights in respect of defects as well as any obligation to provide updates for digital services are governed by the statutory provisions (§§ 327 ff. BGB).

6.5 Reservation of self-supply

If we are unable to deliver the ordered goods because we ourselves have not been supplied through no fault of our own, although we concluded a congruent covering transaction with a reliable supplier in good time, we are released from our obligation to perform and may terminate the contract. We are obliged to inform you without delay of the impossibility of performance. Consideration already rendered by the contracting party will be refunded to them without delay. Mandatory consumer law remains unaffected by this paragraph.

7. Statutory warranty

The provisions of statutory liability for defects apply.

8. Liability

8.1 We are liable without limitation: for damage arising from injury to life, body or health that is based on an intentional or negligent breach of duty by us or on an intentional or negligent breach of duty by a legal representative or vicarious agent of ours; for damage that is based on an intentional or grossly negligent breach of duty by us or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of ours; on the basis of a guarantee promise, insofar as no other arrangement has been made in this respect; on the basis of mandatory liability (e. g. under the Produkthaftungsgesetz – German Product Liability Act).

8.2 If we negligently breach a material contractual obligation, our liability is limited to the foreseeable damage typical for this type of contract, unless liability is unlimited pursuant to the preceding paragraph. Material contractual obligations are obligations which the contract imposes on us according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which you may regularly rely.

8.3 In all other respects our liability as well as the liability of our vicarious agents and legal representatives is excluded.

9. Data protection

We treat your personal data confidentially and in accordance with the statutory data protection provisions. Further details can be found in our privacy policy.

10. Final provisions

10.1 The law of the Federal Republic of Germany applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods, insofar as this choice of law does not result in a consumer whose habitual residence is in the EU being deprived thereby of mandatory statutory provisions of the law of their country of residence.

10.2 If you are a merchant, a legal entity under public law or a special fund under public law, the court at our registered office has jurisdiction, unless an exclusive place of jurisdiction is established for the dispute. This also applies if you have no domicile within the European Union. The registered office of our company can be found in the heading of these GTC.

10.3 Insofar as a provision of this contract is or becomes invalid or unenforceable, the remaining provisions of this contract remain unaffected by this.

11. Information on consumer dispute resolution

We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

Our e-mail address can be found in the heading of these GTC.