Terms and conditions

Terms of Service

GENERAL TERMS AND CONDITIONS OF FWC - FREEWAY CAMPER E-SHOP FOR THE SALE OF GIFT VOUCHERS TO CONSUMERS

(effective as of 12 November 2024)

Article I - Introductory Provisions


  1. The General Terms and Conditions for the sale of goods through the Freeway Camper Voucher E-shop (the "E-shop") are available on the website: https://shop.freeway-camper.com/.


  1. Contractual relations not governed by these General Terms and Conditions shall be governed exclusively by German law, except for the UN Convention on Contracts for the International Sale of Goods. In the absence of exclusive jurisdiction, the court of competent jurisdiction shall be in Munich, Germany.


  1. These General Terms and Conditions do not apply in cases where the Buyer is an entrepreneur. The entrepreneur is a natural or legal person or a partnership with a legal personality who, when concluding legal transactions, acts within the scope of his business activity or his independent exercise of his profession. Furthermore, any person who concludes contracts in connection with his own business, manufacturing or similar activity or in the independent exercise of his profession or who acts in the name or on behalf of an entrepreneur shall be regarded as an entrepreneur.


  1. The provisions of the General Terms and Conditions are an integral part of the Purchase Contract and, also form an annex to the Order Confirmation.


  1. The Seller may unilaterally change or supplement the wording of the General Terms and Conditions. This provision shall not affect the rights and obligations arising during the validity period of the previous version of the General Terms and Conditions. The General Terms and Conditions shall always apply in the version in force on the date of conclusion of the Purchase Contract.


  1. All personal data obtained from the Buyer is subject to the relevant legal provisions, particularly Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR). The Seller processes personal data in accordance with the principles of personal data protection set out in Article XI of these General Terms and Conditions.



Article II - E-shop Operator


  1. The e-shop is operated by FWC - FreewayCamper GmbH with registered office at Thomas-Wimmer-Ring 14 80538 Munich, Federal Republic of Germany, registered in the Commercial Register of the Local Court of Munich under HRB 253050 (hereinafter referred to as "Operator" or "Seller").


Customer service: +49 (0)89 889 970 86


Address of the establishment: Thomas-Wimmer-Ring 14, 80538 Munich


E-mail: info@freeway-camper.com

 


Article III - Definitions


  1. The Seller is the aforementioned entity, which acts within the scope of its business activity when concluding and performing the contract.


  1. The Buyer is a consumer - any natural person who enters into a legal transaction for a purpose that cannot be attributed to his business or independent professional activity.


  1. A gift voucher holder is an individual who holds the relevant gift voucher, and the code required to activate the gift voucher.


  1. The Purchase Contract - the proposal to conclude a Purchase Contract (offer) is the placement of the offered gift voucher on the e-shop website and the Purchase Contract is concluded by confirming the acceptance of the order by the Seller. The Seller shall immediately confirm the acceptance of the order to the Buyer by an informative "Order Confirmation" e-mail to the provided e-mail address. The concluded contract (including the agreed price) may only be amended or cancelled by agreement of the parties or based on legal grounds.


  1. If the Buyer is not a consumer, the proposal for the conclusion of the Purchase Contract is the order of goods sent by the Buyer, and the Purchase Contract itself is concluded when the Seller's binding consent is delivered to the Buyer with this proposal.


  1. By concluding the Purchase Contract, the Buyer confirms that he has read these General Terms and Conditions and that he agrees with them. The Buyer has been notified of these General Terms and Conditions by express reference before the actual execution of the order and has the opportunity to become reasonably familiar with their contents.


  1. The Seller is a VAT payer. All prices quoted on the e-shop website include VAT. Prices are valid at the time of conclusion of the Purchase Contract.


Article IV - Rules for the Use of Gift Vouchers


  1. Upon purchase of a gift voucher, the Seller authorizes the gift voucher holder to pay the rent and other charges for the rental of any vehicle listed on the www.www.freeway-camper.com.com (hereinafter referred to as the "Operator's website") using a gift voucher in the amount indicated thereon.


  1. The gift voucher can be purchased in different values. The value of the voucher is indicated on the voucher.


  1. The gift voucher contains the validity of the voucher and a unique code. The price of the gift voucher will be credited to the holder's rent and other fees when paying on the Operator's website. If the rental price exceeds the value of the gift voucher, the holder must pay the difference between the rental price and the value of the gift voucher. The value of the gift voucher is not subject to interest. Only one gift voucher can be redeemed per booking on the Operator's website. They cannot be combined. The voucher validity is indicated on the front of the voucher. There is no automatic entitlement to an extension of the voucher validity, and it is always at Freeway Camper's discretion to extend the voucher you must contact Freeway Camper's customer service line for this purpose. The value of the gift voucher cannot be claimed in cash, nor can the difference between the value of the purchase on the Operator's website and the value of the gift voucher be claimed in cash. In the event of loss or theft of a gift voucher not yet redeemed, the holder is entitled to a new gift voucher, in which case the Freeway Camper customer service line must be contacted. Modification or copying of the gift voucher is not permitted.


  1. A unique code will be sent to the buyer's email along with the gift voucher, and this unique code from the voucher must be entered subsequently when booking on the operator's website in the "Promo code" field. Then, the rental price will be reduced by the value of the voucher. Once this unique code has been used, the gift voucher becomes invalid.


  1. The gift voucher is transferable to another person until the time of booking the vehicle. The Seller is not responsible for the loss or theft of the gift voucher.


  1. By purchasing a gift voucher and entering the unique code, the Buyer agrees to these Terms and Conditions. If the holder of the gift voucher is a person other than the Buyer, that person agrees to these Terms and Conditions when booking the vehicle.


  1. The gift voucher is provided in digital form. The digital gift voucher, in .pdf format, will be delivered to the Buyer via email immediately after payment of the order.



Article V - Conclusion of the Contract


  1. Information about the gift voucher, including the prices of each gift voucher and its main features are listed individually for each gift voucher in the online shop catalogue.


  1. Ordering a gift voucher - Before sending the order to the Seller, the Buyer is allowed to check and change the data entered by the Buyer in the order, including the Buyer's ability to detect and correct errors made when entering data into the order. The Buyer undertakes to provide truthful information in the order. The Buyer shall send the order to the Seller after payment of the order by clicking on the "Pay" button.


  1. By sending such an order, the Buyer confirms the binding nature of his order and that he is subject to the Terms and Conditions to which he has become familiar before sending his order and agrees to them.


  1. If the Order Confirmation shall not be received by the Buyer within 24 hours from the delivery of the order to the Seller's e-mail address, it is necessary to contact the Seller by telephone +49 (0)89 889 970 86 or by e-mail to info@freeway-camper.com and inform him of this fact.


  1. Order Details - the following information must be filled in the Buyer's order: e-mail address, name and surname, address, billing address and payment details for the purpose of payment by card.


  1. The Purchase Contract is concluded when Freeway Camper confirms acceptance of the order. The Seller shall immediately confirm this acceptance to the Buyer by an informative "Order Confirmation" e-mail to the e-mail address provided.


  1. Order Cancellation - The Buyer is entitled to cancel the order if his order cancellation reaches the Seller before the Buyer confirms the order. The Buyer may cancel an order by telephone at the telephone number or by email at the address set out in these Terms and Conditions.


  1. If the goods are sold out between the time of ordering and order confirmation, the Seller shall notify the Buyer of this fact, and the order for the above goods shall be cancelled.


  1. The Buyer agrees to the use of remote communication means for concluding the contract. The Buyer's costs incurred by in using remote means of communication in connection with the conclusion of the Purchase Contract (cost of internet connection costs, costs of telephone calls) shall be borne by the Buyer.


  1. The Operator reserves the right to withdraw from the Purchase Contract in the event of an error in entering the price or if the gift voucher is no longer produced or delivered. In the event of an apparent technical error on the side of the Seller when entering the price of the gift voucher in the online shop or during the ordering process, the Seller shall inform the Buyer about the error without undue delay and send the Buyer an amended offer to his e-mail address. The amended offer shall be considered a new proposal of the Purchase Contract, and the Purchase Contract shall be concluded in such case by confirmation of acceptance by the Buyer to the Seller's e-mail address.


Article VI - Withdrawal from the Contract, Legal Right of Withdrawal


  1. In the event of withdrawal from the contract by the Seller for the reasons set out in Article V. paragraph 10, the Seller is obliged to immediately contact the Buyer and propose a different procedure, in particular, the possibility of a replacement with another gift voucher or withdrawal from the contract. In the case of the price already paid for such goods, the Seller is obliged to return the payment to the Buyer's account from which the goods were paid or to another account communicated by the Buyer to the Seller for this purpose within 10 days of withdrawal from the contract.


  1. Cancellation Policy - you have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from which you or a third party designated by you, other than the carrier, took delivery of the last goods. To exercise your right of withdrawal, you must inform FWC - FreewayCamper GmbH Thomas-Wimmer-Ring 14, 80538 Munich, Federal Republic of Germany, telephone: +49 (0)89 889 970 86, E-mail: info@freeway-camper.com about this by an unequivocal statement (e.g. by letter sent by post or e-mail). You may use the enclosed sample withdrawal form, but it is not obligatory. To comply with the withdrawal period, it is sufficient to send your communication concerning the exercise of the right of withdrawal before the withdrawal period expires.

 

  1. Consequences of Withdrawal - If you withdraw from this contract, we will refund all payments we have received from you, including the cost of delivery (except for any additional costs arising from your choice of delivery type other than the cheapest standard delivery type offered by us), without undue delay and in any event within 14 days of the date on which we are informed of your decision to withdraw from this contract. We will use the same means of payment for this refund as you used for the original transaction unless we have expressly agreed otherwise; in any event, you will not be charged any fees for this refund. We may refuse a refund until we receive the goods back or until you provide proof of return, whichever is sooner. You must return or hand over the goods to us promptly and in any event no later than 14 days from the date you notify us of your withdrawal from this contract. The time limit is met if you send the goods before the 14 days expires. You are responsible for the direct costs of returning the goods. You shall only pay for the loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their condition, features and functionality. The refund shall be made to the account you used for payment. If you paid by PayPal, credit card or web payment portal, the refund will be made to the relevant account.


4. Sample withdrawal form - (If you wish to withdraw from the contract, please complete and send this form) to FWC - FreewayCamper GmbH Thomas-Wimmer-Ring 14, 80538 Munich, E-mail: info@freeway-camper.com.

I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/.

- Ordered on (*)/received on (*)

- Name of consumer(s)

- Address of the consumer(s)

- Date

(*) Delete where not applicable



Article VII - Payment, Reservation of Title


  1. The Buyer is obliged to pay the purchase price exclusively by cashless online card (VISA, MasterCard, Maestro, American Express, Union Pay, Google Pay, Apple Pay) via the web payment gateway or online payment via PayPal.


  1. The Buyer acquires ownership of the goods by paying the full purchase price for the gift voucher, but not before taking delivery of the goods. Liability for accidental destruction, damage or loss of the goods passes to the Buyer at the moment of taking over the goods or when the Buyer is obliged to accept the goods but fails to do so in breach of the Purchase Contract.


  1. The gift voucher and unique code will be delivered after payment is received. In the event of a subsequent complaint (e.g. due to insufficient funds or suspected fraud), the gift voucher will be immediately blocked until payment has been made.


  1. The Buyer agrees to send the invoice exclusively in electronic form. All costs associated with the monetary transaction are borne by the Buyer. The goods remain the property of the Seller until the full payment.



Article VIII - Methods of Delivery and Acceptance


  1. Method of Delivery - gift vouchers are sent electronically to the provided e-mail address.


  1. Moment of Acceptance - the digital voucher shall be accepted by the Buyer by its delivery to the provided e-mail address.



Article IX - Rights arising from Defective Performance


  1. The rights and obligations of the parties regarding rights arising from defective performance are governed by the relevant generally binding regulations, particularly the provisions of Sections 433 et seq. of the Civil Code.


  1. The Seller shall be liable to the Buyer in accordance with the statutory provisions.


  1. The Buyer is obliged to store the gift voucher carefully and prevent unauthorised third parties from obtaining the gift voucher code. The Seller shall not be liable for any loss, theft or illegibility of gift vouchers for which the Seller is not responsible.


  1. The Buyer claims the rights from the defective performance at the Seller's registered office address or the address of the establishment. The moment of filing a claim is considered to be the moment when the Seller receives the claimed goods from the Buyer.


Article X. - Consumer Dispute Resolution Procedure


  1. The European Commission provides an online dispute resolution (ODR) platform, which can be found here:

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage.

We are neither obliged nor willing to participate in alternative dispute resolution proceedings before a consumer arbitration board within the meaning of Section 2 of the Consumer Dispute Resolution Act (VSBG).


  1. However, we try to find an amicable solution to any disagreements with our customers. If a Buyer is not satisfied with our service, he can contact us at info@freeway-camper.com.


Article XI - Salvator Clause


If individual provisions of these GTC are or become invalid in whole or in part, the validity of the remaining provisions or parts thereof shall remain unaffected. Invalid or missing provisions shall be replaced by the relevant statutory provisions.


Article XII. Protection of Personal Data


Read how we process personal data here Personal data.


Article XIII - Validity and Effectiveness


These General Terms and Conditions are valid and effective as of 12 November 2024.