General Terms and Conditions
of the Waffenkammer Rothenburg o.d.T., owner Johannes Wittmann
(as of November 1st, 2020)
(1) The following general terms and conditions (hereinafter: “GTC”) apply in the context of sales contracts between the Waffenkammer Rothenburg odT, owner Johannes Wittmann, Obere Schmiedgasse 9/11, 91541 Rothenburg odT (hereinafter: “Provider”) and the customer via the provider’s webshop www.waffenkammer-online.de. The customer reads the terms and conditions carefully and declares their consent to the terms and conditions before placing an order.
(2) The product range in the provider’s web shop is aimed at consumers and entrepreneurs alike. For the purposes of these terms and conditions, a consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor independent professional activity (§ 13 BGB), and an entrepreneur is a natural or legal person or a legal partnership who, when concluding a legal transaction, are exercising their commercial or independent professional activity (§ 14 BGB).
(3) These terms and conditions are authoritative for the relationship between the provider and the customer to the exclusion of contradicting, deviating or supplementary terms and conditions of the customer, unless the provider accepts such terms and conditions in writing. This also applies if the provider performs unconditionally after becoming aware of conflicting, deviating or additional terms and conditions of the customer.
(4) The provider reserves the right to change the terms and conditions from time to time without prior notice. The version of the terms and conditions valid for the customer’s order is the one that is published on www.waffenkammer-online.de at the time of the order.
- Conclusion of contract
(1) The presentation and promotion of goods in the provider’s web shop is non-binding and does not constitute a binding offer to conclude a contract, but merely a non-binding invitation to the customer to make a corresponding offer through his To submit order.
(2) The customer can submit a binding purchase offer (order) via the shopping cart system of the provider’s web shop. The goods intended for purchase can be placed in the “shopping cart” without obligation. Via the shopping cart symbol at the top right, the customer can call up the “shopping cart” and correct his order there at any time by using the correction aids provided and explained in the order process. After calling up the “Proceed to checkout” page and entering the personal data there and then selecting the payment and shipping modalities, all of the order data will then be displayed again on the order overview page. Before submitting the order, the customer has the opportunity to check all the information here again or to cancel the purchase. By submitting the order using the “Buy now” button, the customer places a binding order for the goods in the shopping cart with the provider. The customer receives the confirmation of receipt of the “order” immediately after sending the order, which does not, however, lead to the conclusion of the contract.
(3) After receipt of the order, the provider will check it immediately and inform the customer by email within two working days whether he will accept the order. A purchase contract is only concluded when the provider accepts the customer’s order by means of a separate declaration of acceptance (order confirmation) or by sending the ordered goods. If the order confirmation contains typographical or printing errors or if the price determination is based on technical transmission errors, the provider is entitled to contest the conclusion of the contract. Payments already made will be reimbursed to the customer immediately in the event of a dispute.
(4) In the course of the order confirmation, the customer receives the general terms and conditions as well as the cancellation policy with the Sample withdrawal form by email. If the customer has a registered customer account, the provider also saves the contract text there after the contract is concluded
(5) If the delivery of the goods ordered by the customer is not possible, for example because the corresponding goods are not in stock, no declaration of acceptance will be made. In this case, a contract will not be concluded. The provider informs the customer about this immediately and reimburses any consideration already received immediately.
(6) The information required for the processing and transmission of the order, which is related to the conclusion of the contract, is sent by email. For this reason, the customer must ensure that the email address he has stored is correct and that the receipt of the emails is technically ensured and, in particular, is not prevented by SPAM filters.
- Protection of minors and gun authorization
(1) When selling goods that are subject to the regulations of the Youth Protection Act, the provider only enters into contractual relationships with customers who have reached the legally prescribed minimum age. Existing age restrictions are indicated in the respective product description. For goods that are listed in Annex 2 of the WaffG, a presentation of the weapon authorization is also required.
(2) By submitting the order, the customer affirms that he has reached the legally required minimum age and that the information regarding the name, date of birth and address is correct. The customer is obliged to ensure that only he or those persons authorized by him to receive the delivery who have reached the legally prescribed minimum age receive the goods.
(3) Insofar as the provider is obliged to carry out an age check due to the statutory provisions, the provider will instruct the logistics service provider commissioned with the delivery to only hand over the delivery to persons who have reached the legally prescribed minimum age and are in the In case of doubt, have the identity card of the person receiving the goods shown for age control.
- Subject matter of the contract, presentation of the goods
(1) The subject matter of the contract are the goods and services that the provider and the customer have agreed on in the context of the order and the order confirmation.
(2) The provider makes every reasonable effort to accurately represent the properties of the goods presented, including the composition and colors. Production-related deviations and tolerances cannot be ruled out. The color or texture of individual products can also be due to natural variations such as for wood or horn differ from the pictures. The color display also depends on the display medium (PC, laptop, tablet, smartphone) and the customer’s color settings. Therefore, the provider cannot guarantee that the colors will be reproduced exactly on the customer’s display medium.
- Prices, terms of payment, set-off, right of retention
(1) All prices in the provider’s webshop are in euros, are gross prices including statutory sales tax and do not include shipping costs. Any customs duties and similar charges incurred when shipping abroad are not included in the price and are borne by the customer.
(2) If the order and shipping are from or to non-EU countries, the customer can choose a currency other than Euro for payment. The shipping costs incurred to non-EU countries are not included in the displayed price. If the shipment is to non-EU countries, additional duties, taxes or fees may be levied by customs or the respective tax authorities of the recipient country, which are to be borne by the customer. The customer is advised to ask the customs or tax authorities for details before ordering. The shipping costs are not included in the purchase price.
(2) The shipping costs are specified in the price information in the webshop. The shipping costs incurred are also displayed in the order form before the customer submits the order.
(3) Unless otherwise agreed, the payment for delivery of the goods and invoice is due without deduction within ten days of the invoice date.
(4) The customer can choose to pay by, Sepa direct debit, Alipay, instant transfer, PayPal or credit card.
(5) The customer is only entitled to offset or to assert rights of retention if his counterclaim is undisputed or has been legally established. This does not apply if his counterclaim is in a reciprocal relationship with the main claim.
- Terms of delivery, shipping, collection
(1) The supplier sends goods worldwide.
(2) The provider will insure the goods against the usual transport risks. The costs for this are already included in the shipping costs.
(3) The provider is entitled to partial deliveries of separately usable products recorded in an order, provided this is reasonable for the customer. Partial deliveries can arrive at the customer at different times.
(4) The provider only owes the timely, proper delivery of the goods to the transport company and is not responsible for delays caused by the transport company.
- Transport damage
(1) If goods are delivered with obvious transport damage, the customer endeavors to complain directly to the deliverer and then to contact the provider.
(2) Failure to lodge a complaint and contact in accordance with Section 7. (1) has no consequences for statutory claims such as warranty rights. However, it helps the provider to assert his own claims against the transport company or the transport insurance.
- Reservation of title
(1) The provider retains ownership of the goods delivered until the purchase price (including sales tax and shipping costs) has been paid in full for the goods in question.
(2) Without the prior written consent of the provider, the customer is not entitled to resell the goods he has delivered and which are still subject to retention of title.
(3) If a third party accesses the goods subject to retention of title, in particular through seizure, the customer will immediately inform the third party of the property of the provider and inform the provider so that he can enforce his Enable property rights. If the third party is unable to reimburse the provider for the judicial or extrajudicial costs incurred in this connection, they are to be borne by the customer.
- Warranty, guarantee
(1) The customer has statutory warranty rights for defects in the goods, in particular according to §§ 434 ff. BGB.
(2) There is only a guarantee for the goods delivered by the provider if this was expressly given in the order confirmation for the respective article.
(3) If the customer is an entrepreneur, notwithstanding Section 9. (1), the provider must determine the type of supplementary performance (replacement delivery or repair) taking into account the type of defect and the interests of the customer. and the warranty period is twelve months, starting with the delivery of the goods to the customer. When purchasing used items, warranty claims by the customer, who is an entrepreneur, are entirely excluded.
(4) If the customer is an entrepreneur, he is obliged to carefully examine the goods received for quantity and quality immediately after delivery and, if a defect becomes apparent, to notify the provider immediately otherwise the delivery is deemed approved. The notification of obvious defects is only timely if it is received by the provider in text form within a period of 7 days, calculated from delivery. The notification of non-obvious defects is timely, provided that it is received by the provider in text form within a period of 7 days from discovery by the customer
(1) The liability of the provider, his legal representatives and vicarious agents for damage is limited to intent and gross negligence. This does not apply to liability due to injuries to life, limb and health, in the event of malice, when accepting a guarantee, breaches of cardinal obligations or due to the Product Liability Act. For the purposes of these conditions, cardinal obligations are those which make the proper fulfillment of the contract possible in the first place and on the fulfillment of which the customer therefore trusts and may trust.
(2) In the case of liability for the slightly negligent breach of cardinal obligations, the liability of the provider is limited to the replacement of the foreseeable, typically occurring damage. This does not apply to liability for injury to life, limb or health, in the event of malice, when assuming a guarantee or due to the product liability law.
- Data protection
(1) The provider collects and processes personal data of the customer, such as the full name, the valid e-mail address, the address, the telephone number and information necessary for the proper provision the service requested by the customer and / or fulfillment and processing of a contract are necessary. The collection and processing of personal data takes place in order to be able to identify the customer as a contact person and / or customer, for correspondence, to properly process an inquiry and to be able to inform the customer about products and services of the provider, to fulfill and process the granted Orders and / or orders as well as for invoicing and for sending information about services and / or products of the provider. The personal data collected by the provider are generally stored until the statutory retention period expires, i. H. the retention and documentation obligations under tax and commercial law (e.g. from HGB, AO) and then deleted, unless the customer has opted for further storage in accordance with Art. 6 Para. 1. S. 1 lit. a GDPR.
(2) The customer has the right to information (Art. 15 GDPR), the right to correction or deletion (Art. 16 and 17 GDPR), the right to restriction processing (Art. 18 GDPR), the right to object to processing (Art. 21 GDPR), the right to transfer data (Art. 20 GDPR), the right to lodge a complaint with a supervisory authority (this would be the Bavarian State Office for Data Protection Supervision) and the right to revoke the declaration of consent under data protection law.
(3) Insofar as the provider processes personal data on the basis of express consent, this is done on the legal basis in accordance with. Art. 6 para. 1 lit. a GDPR. If the provider processes personal data to process a specific request and / or to fulfill a contract to which the customer is a party, the legal basis for data processing is Art. 6 Para. 1 lit. b GDPR.
- Place of performance, place of jurisdiction and applicable law
(1) Place of performance and place of jurisdiction for deliveries and payments as well as all disputes arising between the parties in business dealings with entrepreneurs is the provider’s administrative headquarters in 91541 Rothenburg odT. However, the provider is entitled to sue the entrepreneur at any other legal place of jurisdiction .
(2) The relationships between the contracting parties are governed exclusively by the law applicable in the Federal Republic of Germany, excluding the UN Sales Convention (CISG) and international private law. The contract language is German.
- Severability Clause
Should individual provisions of this contract be ineffective, partially ineffective or unenforceable, this does not affect the effectiveness of the remaining provisions. In place of the ineffective, partially ineffective or unenforceable provision, the parties agree to set a regulation that comes closest to the meaning and purpose of the ineffective, partially ineffective or unenforceable provision. Should the parties fail to reach such an agreement, the ineffective, partially ineffective or unenforceable provision shall be replaced by the statutory provision that comes closest to the meaning and purpose of the ineffective, partially ineffective or unenforceable provision / p>