Terms & Conditions

General Terms and Conditions for Business Customers (B2B)

CAM-JAM GmbH
Veteranenstr. 12
10119 Berlin
Germany

§ 1 Scope of Application and B2B Status

  1. These General Terms and Conditions (“T&C”) apply to all contracts for the purchase of goods concluded via the online shop operated by CAM-JAM GmbH (“Seller”).
  2. The online shop is intended exclusively for entrepreneurs, business customers and other commercial entities. Sales to consumers are excluded.
  3. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.
  4. By placing an order, the buyer confirms that they are acting as an entrepreneur or other business customer and not as a consumer.
  5. The buyer shall provide complete and accurate business information, including company name and business address. Where applicable, the buyer shall provide a valid VAT identification number.
  6. Any terms and conditions of the buyer that deviate from, conflict with or supplement these T&C shall not apply unless CAM-JAM GmbH has expressly agreed to their application in text form.
  7. These T&C apply exclusively to business transactions. Mandatory statutory provisions applicable to the respective contract remain unaffected.
  8. All cameras, lenses, steadicams and other third-party camera equipment shown on the website for demonstration, compatibility or illustrative purposes are not included in the sale unless expressly stated otherwise in the product description or order confirmation.

§ 2 Conclusion of the Contract

  1. The presentation of products in the online shop does not constitute a legally binding offer but an invitation to submit an order.
  2. The buyer places the selected products in the electronic shopping cart. Before submitting the order, the buyer has the opportunity to review and correct the order details, business information, delivery address and payment information.
  3. By clicking the button designated for submitting a binding order, the buyer submits a legally binding offer to purchase the selected goods.
  4. An automated confirmation of receipt of the order does not in itself constitute acceptance of the buyer’s offer unless expressly stated otherwise.
  5. The purchase contract is concluded when CAM-JAM GmbH accepts the buyer’s offer by:
    • sending an order confirmation expressly declaring acceptance; or
    • dispatching the ordered goods; or
    • otherwise expressly accepting the buyer’s offer.
  6. If payment is made through a third-party payment provider such as PayPal or a credit-card provider, the buyer may be redirected to the provider’s website to authorize the payment. The contract is concluded in accordance with the preceding provisions.
  7. The buyer is responsible for ensuring that the email address provided is correct, functional and capable of receiving emails and contractual documents.

§ 3 Prices and Payment

  1. All prices stated in the online shop are net prices in euros (EUR) and do not include statutory VAT unless expressly stated otherwise.
  2. Any applicable VAT is calculated and displayed during the ordering process in accordance with the applicable tax regulations.
  3. For deliveries to other EU Member States, tax treatment may depend on the buyer’s valid VAT identification number and the applicable legal requirements.
  4. The buyer is responsible for providing correct and valid VAT information. If a VAT exemption or other tax treatment is subsequently found to be incorrect due to information provided by the buyer, the buyer shall bear any resulting tax liability to the extent permitted by law.
  5. Shipping, packaging, insurance, customs duties and other delivery-related costs are not included in the product price unless expressly stated otherwise. Applicable shipping costs are displayed separately during the ordering process.
  6. Available payment methods are displayed during checkout.
  7. Unless otherwise agreed, payment claims are due immediately upon conclusion of the contract and shall be paid without deduction.
  8. The buyer may only offset claims against claims of CAM-JAM GmbH if the counterclaim is undisputed, legally established or ready for decision. This shall not apply to claims arising from the same contractual relationship to the extent mandatory law provides otherwise.
  9. The buyer may exercise a right of retention only to the extent that the counterclaim arises from the same contractual relationship, is undisputed or has been legally established.

§ 4 Delivery, Shipping and Incoterms

  1. Unless otherwise agreed in the individual contract, deliveries are made under Incoterms® 2020 FCA Veteranenstr. 12,  10119 Berlin, Germany to the delivery address stated in the order.
  2. The applicable named place of destination is the delivery address stated in the order confirmation unless otherwise agreed.
  3. Risk transfers to the buyer in accordance with the applicable Incoterms® rule.
  4. Stated delivery times are estimates unless expressly agreed as binding in writing. Delivery dates are subject to the correct and timely supply of CAM-JAM GmbH by its own suppliers.
  5. Order processing generally requires at least one business day. Custom-made or specially manufactured parts may require additional processing and manufacturing time. Any estimated processing time for custom-made products will be communicated separately where applicable.
  6. No dispatch normally takes place on weekends or public holidays.
  7. If delivery cannot be made because the buyer has provided an incorrect or incomplete delivery address, the buyer shall bear any additional costs resulting from the incorrect information, to the extent permitted by law.
  8. For deliveries requiring import into a country outside the European Union, the buyer is responsible for all import-related costs and obligations, including customs duties, import VAT, customs clearance charges and other charges imposed by the destination country.
  9. Unless otherwise expressly agreed, the buyer is responsible for completing any import formalities required in the destination country and for paying all applicable import duties, taxes and clearance charges.
  10. If the buyer refuses acceptance, refuses to pay import duties or taxes, fails to collect the shipment or otherwise causes the goods to be returned to CAM-JAM GmbH, the buyer shall bear the resulting additional costs to the extent permitted by law.
  11. If a carrier returns an undelivered shipment to CAM-JAM GmbH because delivery failed for reasons attributable to the buyer, CAM-JAM GmbH may charge the buyer the reasonable costs incurred for the return shipment and any related customs or carrier charges, to the extent permitted by law.
  12. Unless otherwise agreed in writing in individual cases, the return of transport packaging and outer packaging within the meaning of the German Packaging Act (VerpackG) or equivalent international waste management regulations is handled as follows in relation to commercial customers (B2B):
    The buyer is obliged to properly dispose of or recycle the resulting transport packaging (such as cardboard boxes, outer cartons, and filling materials) at their own expense and at the place where the waste is generated. Returning the packaging to the Seller is excluded unless an expressly deviating written agreement has been made.
  13. By placing the order, the buyer confirms that they use the delivered goods commercially and that they will recycle or dispose of the packaging under their own responsibility and in compliance with the applicable waste and environmental regulations of their respective jurisdiction.

§ 5 Inspection and Notice of Defects

  1. Where Section 377 of the German Commercial Code (HGB) applies, the buyer shall inspect the goods without undue delay after delivery, insofar as this is feasible in the ordinary course of business.
  2. Any defects identifiable during the inspection shall be notified to CAM-JAM GmbH without undue delay.
  3. Defects that could not reasonably be discovered during the initial inspection shall be notified without undue delay after discovery.
  4. If the buyer fails to give the required notice, the goods shall be deemed accepted to the extent provided by Section 377 HGB.
  5. The foregoing shall not apply where CAM-JAM GmbH has fraudulently concealed a defect or where mandatory statutory provisions provide otherwise.

§ 6 Retention of Title

  1. The goods remain the property of CAM-JAM GmbH until all claims arising from the respective purchase contract have been paid in full.
  2. The buyer shall handle the goods subject to retention of title with due care.
  3. The buyer shall notify CAM-JAM GmbH without undue delay of any third-party measures affecting goods subject to retention of title, in particular seizures.
  4. Further rights arising from an extended or prolonged retention of title may be agreed separately where appropriate for commercial customers.

§ 7 Warranty and Defects

  1. CAM-JAM GmbH shall be liable for defects of the goods in accordance with the applicable statutory provisions, subject to the limitations set out in these T&C.
  2. The agreed condition of the goods is determined by the product description, technical specifications and other characteristics expressly agreed in the individual contract.
  3. Public statements by manufacturers or third parties shall not constitute an independent guarantee by CAM-JAM GmbH unless CAM-JAM GmbH has expressly adopted such a guarantee.
  4. CAM-JAM GmbH shall be entitled to provide supplementary performance in accordance with the applicable statutory provisions.
  5. In the event of a defect, CAM-JAM GmbH shall generally be given a reasonable opportunity to provide supplementary performance before the buyer exercises further statutory rights, unless this is not required by law.
  6. CAM-JAM GmbH may choose the legally permissible form of supplementary performance where the statutory requirements permit such choice.
  7. CAM-JAM GmbH shall not be liable for defects or damage to the extent caused by:
    • improper use;
    • improper installation or assembly;
    • failure to observe operating or installation instructions;
    • modifications or alterations made by the buyer or third parties;
    • mechanical processing or machining carried out by the buyer or third parties;
    • use of the goods outside their intended purpose; or
    • normal wear and tear.
  8. Where the buyer has modified, processed, machined or otherwise altered the goods, CAM-JAM GmbH shall not be liable for defects or damage caused by or resulting from such modifications or alterations.

§ 8 Limitation Period for Defect Claims

  1. For contracts with business customers, claims arising from defects in newly manufactured goods shall generally become time-barred twelve months after delivery of the goods, unless a longer statutory limitation period is mandatory.
  2. The foregoing limitation does not apply:
    • in cases of fraudulent concealment of a defect;
    • to claims based on an expressly assumed guarantee concerning the condition of the goods, where the guarantee provides otherwise;
    • to claims for damages based on intent or gross negligence;
    • to claims arising from injury to life, body or health; or
    • in any other case where a longer limitation period is mandatory by law.
  3. The foregoing limitation shall not apply where the law mandatorily provides for a longer limitation period, in particular in cases falling under Section 438 (1) no. 2 BGB.

§ 9 Liability

  1. CAM-JAM GmbH shall be liable without limitation:
    • for damages resulting from injury to life, body or health caused by a negligent breach of duty by CAM-JAM GmbH or by an intentional or negligent breach of duty by its legal representatives or vicarious agents;
    • for damages caused by intent;
    • for damages caused by gross negligence;
    • in cases of fraudulent concealment of a defect;
    • to the extent CAM-JAM GmbH has expressly assumed a guarantee; and
    • in all other cases in which liability cannot legally be excluded or limited.
  2. In cases of slight negligence, CAM-JAM GmbH shall be liable only for the foreseeable, contract-typical damage resulting from the breach of an obligation whose fulfilment is essential for the proper performance of the contract and on whose fulfilment the buyer may ordinarily rely.
  3. In cases of slight negligence, CAM-JAM GmbH shall not be liable for breaches of non-essential contractual obligations.
  4. To the extent legally permissible, CAM-JAM GmbH shall not be liable for indirect or consequential damages, including loss of profit, loss of revenue, loss of business opportunities or production downtime, except where such liability is mandatory under applicable law.
  5. The foregoing limitations of liability also apply in favour of the legal representatives, employees and vicarious agents of CAM-JAM GmbH.
  6. Liability under the German Product Liability Act (Produkthaftungsgesetz) remains unaffected.

§ 10 Voluntary Return Policy for Business Customers

  1. Business customers have no statutory consumer right of withdrawal.
  2. As a voluntary commercial gesture, CAM-JAM GmbH accepts returns of eligible goods if the buyer requests the return within 30 days after delivery and obtains a valid Return Merchandise Authorization (RMA) before returning the goods.
  3. The voluntary return policy does not restrict or exclude statutory warranty rights or other mandatory rights.
  4. The refund under this voluntary return policy is limited to the original net purchase price of the returned goods.
  5. The following costs are not refundable:
    • original shipping costs;
    • return shipping costs;
    • customs duties, import taxes and customs clearance charges;
    • carrier handling charges; and
    • payment-service-provider fees, to the extent permitted by applicable law.
  6. A 15% restocking fee based on the original net purchase price will be deducted from the refund.
  7. The buyer is responsible for the costs of returning the goods.
  8. Any customs duties, import taxes, carrier charges or other costs incurred by CAM-JAM GmbH in connection with receiving a returned shipment may be deducted from the refund to the extent permitted by law.
  9. The returned goods must be unused and in a condition suitable for resale, unless CAM-JAM GmbH has expressly agreed otherwise.
  10. If the goods show signs of use, installation, modification or damage beyond what is necessary to inspect the goods, CAM-JAM GmbH may refuse the voluntary return or deduct the resulting loss in value from the refund.
  11. Returns must be sent only after the buyer has contacted CAM-JAM GmbH in text form and received an RMA number.
  12. Returns sent without a valid RMA may be refused. This RMA requirement applies only to voluntary returns under this Section 10 and does not restrict statutory warranty rights.

§ 11 Product Modifications and Specifications

  1. CAM-JAM GmbH reserves the right to make technical modifications to products, provided that such modifications do not materially impair the agreed contractual characteristics of goods already ordered.
  2. Product images, illustrations and technical representations may contain minor deviations from the actual product where these deviations are technically unavoidable or do not materially affect the agreed characteristics or functionality.
  3. Any expressly agreed contractual specifications shall prevail over general product information.
  4. CAM-JAM GmbH shall not be responsible for compatibility with third-party equipment unless such compatibility is expressly stated as part of the agreed product specifications.

§ 12 Governing Law and Jurisdiction

  1. The contractual relationship between CAM-JAM GmbH and the buyer shall be governed exclusively by the laws of the Federal Republic of Germany, excluding conflict-of-law provisions to the extent legally permissible.
  2. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.
  3. If the buyer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with the contractual relationship shall be the competent courts at the registered office of CAM-JAM GmbH in Berlin, Germany.
  4. CAM-JAM GmbH shall nevertheless be entitled to bring proceedings against the buyer at any other court having jurisdiction under applicable law.

§ 13 Contract Language and Contract Documents

  1. The contractual language is English.
  2. The buyer is responsible for retaining the order confirmation, invoice and applicable contractual documents.
  3. CAM-JAM GmbH is not obliged to retain the complete contract text in a form accessible to the buyer after completion of the transaction beyond the statutory retention obligations applicable to CAM-JAM GmbH.
  4. Statutory accounting, tax and commercial record-retention obligations of CAM-JAM GmbH remain unaffected.

§ 14 Severability

  1. If any provision of these T&C is or becomes invalid or unenforceable, the validity of the remaining provisions shall remain unaffected.
  2. The invalid or unenforceable provision shall be replaced by the applicable statutory provision.
  3. The same applies where these T&C contain an unintended regulatory gap.