The present General Terms and Conditions shall apply to all business relations
between Triebel Jagd- und Sportwaffen GmbH (Triebel) and its customers, as defined
at the time of conclusion of the contract and as far as these refer to business
transactions carried out by electronic means of this Internet presentation.
Formation of Contract
(1) The description of our range of products on the Internet just serves to
inform the customers. It is no offer to conclude a contract within the meaning
of Art. 145 German Civil Code. Contractual obligations, e.g. within the meaning
of a delivery guarantee, do not arise from that for Triebel.
(2) By sending an order to Triebel, the customer offers to conclude a contract.
The customer will then receive an e-mail or other message confirming receipt
of the offer. If individual information on the range of products on the Internet
are faulty, Triebel shall inform the customer separately after receipt of the
order and submit an appropriate counter offer to him.
(3) The contract with Triebel shall be brought about with Triebel’s acceptance
of this offer. The acceptance of the offer shall be subject to the proviso that
the goods are actually available. A separate confirmation of the acceptance
of the offer by Triebel to the customer shall not be necessary. If Triebel cannot
accept the offer of the customer, the customer shall be informed about it electronically.
Right of Withdrawal
(1) The customer shall be entitled to withdraw his declaration of intention
to conclude a contract within two weeks after receipt of the goods by returning
the goods to Triebel. To comply with this term, it is sufficient to dispatch
the goods in time.
(2) The charges for the return of the goods of up to EUR 40,- shall be the responsibility
of the customer.
(3) In the case of withdrawal, Triebel shall refund the purchase price, if already
paid, to the customer. The return charges paid by Triebel will be deducted from
the purchase price. With refunds to foreign countries, the transfer fee will
be deducted as well.
(4) In the case of a considerable deterioration in the quality of the goods
or in the case of loss, the customer shall make good the corresponding reduction
in value or loss to Triebel if he withdraws his order. If the customer has already
paid the purchase price, Triebel shall be entitled to deduct the reduction in
value from the amount repayable.
(5) The right of withdrawal shall be barred in the following cases:
a) with contracts for the delivery of audio or video recordings or software
if the delivered data carriers have been unsealed by the customer;
b) with contracts for the delivery of goods manufactured according to customer’s
specifications within the meaning of Art. 3 paragr. II No. 2 Mail Order Marketing
Act, or of goods unsuitable for returns, such as dangerous goods
c) with contracts on other deliveries barring the right of withdrawal expressis
verbis.
Delivery
(1) Triebel shall deliver the ordered goods to the address indicated by the
customer in the order as soon as possible. Triebel shall make partial deliveries
on customer request.
(2) The costs for the individual deliveries shall be charged to the customer
by Triebel in the respective amount shown. All risks of delivery shall pass
to the customer upon delivery of the goods from Triebel to the commissioned
distributor.
(3) Information on terms of delivery shall not be binding, unless Triebel has
given an undertaking in writing to the customer in individual cases.
Reservation of Ownership
Until complete settlement of all claims against the customer the delivered goods
shall remain the property of Triebel.
Maturity and Payment of Purchase Price
(1) The purchase price shall be due before delivery of the goods from Triebel
to the commissioned distributor.
(2) Payment shall be made either by invoice (only in Germany), Cash on Delivery
(only in Germany), advanced payment or by credit card. Triebel shall act in
accordance with the customer’s wishes regarding the mode of payment.
(3) If the customer is in default of payment, Triebel shall be entitled to charge
default interest at a rate of 5% per year over the base lending rate in accordance
with Art. 1 Discount Rate Transition Law of 9 June 1998 (BGBl. I S. 1242).
(4) The customer shall only be entitled to set-off if his counterclaims have
been recognized by declaratory judgment.
Warranty of Quality
(1) Triebel shall be liable for any defects existing upon delivery of the goods
for the statutory warranty period.
(2) The customer binds himself to inform Triebel about any defects arising in
writing immediately. In the event of a defect for which Triebel is responsible,
Triebel shall, at its own discretion, either repair or replace the defective
product.
Liability
Triebel shall neither be liable for damages not related to the goods themselves,
nor for missed profit or other economic losses of the customer.
Export
(1) Delivery in foreign countries only with payment by credit card (limited
to EUR 500,-) or against prepayment.
(2) The right of withdrawal expires upon delivery of the goods from Triebel
to the commissioned distributor.
Privacy
All personal information of our customers will be treated confidentially. These
information shall only be stored and processed to such extent as permitted by
the customer and in strict observance of relevant rules and regulations, such
as the Federal Data Protection Act or the Information and Communication Service
Act. The transfer of such information to third parties who are not involved
in the performance of the contract shall be excluded. Triebel shall be entitled
to transfer personal information of the customers in dunning processes to collection
services. Triebel shall also be entitled to transfer personal information to
the SCHUFA, the General Credit Protection Agency in Germany.
Final Provisions
(1) These General Terms and Conditions are governed by the laws of the Federal
Republic of Germany, to the exclusion of the CISG (United Nations Convention
on Contracts for the International Sale of Goods). The place of performance
and venue is Berlin.
(2) The nullity of any of the provisions herein shall affect neither the validity
of the Agreement as such nor the validity of these General Terms and Conditions.
02.11.2006