Terms and Conditions - B2B

§ 1 Scope, subject matter and conclusion of the respective contract

1. The following terms and conditions conclusively regulate the contractual relationship between Ferkinghoff International GmbH & Co. KG, represented by Ferkinghoff International Verwaltungs GmbH, these represented by Managing Directors Achim, Andrea and Angelika Ferkinghoff, hereinafter referred to as „Seller“, and the respective customer.

2. These General Terms and Conditions apply exclusively. They shall also apply to all future contracts within the scope of the business relationship, even if they are not expressly included again. Conflicting or deviating terms and conditions of the customer will not be recognised unless the seller has expressly agreed to them in individual cases.

3. They only apply to entrepreneurs. Entrepreneur in the sense of these GTC is a natural or legal person or a partnership with legal capacity, which acts in the exercise of its commercial or independent professional activity.

4. The object of the respective contract is the sale of goods by the seller to the customer.

5. The customer can place an order for the goods directly or via standard means of communication. After dispatch of the order the customer receives an order confirmation, in which his data and his order are again specified. This order confirmation does not represent an acceptance for the conclusion of the contract. If the seller accepts the offer, the buyer will receive a contract acceptance declaration or a dispatch confirmation from the seller within 2 days. Should the customer not receive such a declaration in due time, he is no longer bound to his order.

6. With the order of weapons the conclusion of a sales contract is made dependent on the transmission of an appropriate age and permission proof to the acquisition.

7. The contract text and the general terms and conditions are sent to the customer after the order by email. In addition, the customer who has created a customer account can call up his respective orders via his customer account at any time after conclusion of the contract.

8. The conclusion of the contract takes place exclusively in German or English language. German law is applicable if the customer is a merchant.

9. All prices are net Euro prices.

§ 2 Processing of the purchase contract, shipping costs

1. The customer bears the shipping costs from the place of business of the seller in accordance with the shipping costs table valid at the time of the order at https://www.waffen-ferkinghoff.com/english/order-and-delivery.

2. With conclusion of the sales contract the payment of the purchase price becomes immediately due. The customer has the possibility to choose between different payment modalities. The seller reserves the right to exclude certain payment options for deliveries abroad, initial orders or for other reasons.

3. The seller is entitled to withdraw from the contract if he does not receive the object of performance despite the prior conclusion of a corresponding purchase contract; the seller‘s responsibility for intent or negligence remains unaffected. In this case, the Seller shall inform the Buyer without delay of the non-availability and reimburse the Buyer without delay for any consideration already paid. In this case, the Seller reserves the right to offer goods of equal price and quality with the aim of concluding a new contract for the purchase of goods of equal price and quality.

4. The customer declares by acceptance of the general terms and conditions that he has reached the age of 18 and is thus legally competent or if the customer has not reached the age of 18, he declares by acceptance of the general terms and conditions that he has reached the age of 7 and has obtained the consent of his legal representative before the ordering process. The Seller points out that any damages incurred by him as a result of incorrect age details, incorrect address details or fun orders will be asserted against the Customer.

§ 3 Warranty and liability

1. the seller is basically liable for defects of the goods according to the legal regulations of the sales law (§§ 434 ff. BGB).

2. claims for defects do not exist in case of only insignificant deviation from the agreed quality or in case of only insignificant impairment of the usability.

3. the warranty period of the rights from § 437 No. 1 and No. 3 BGB for new articles amounts to deviating from § 438 Abs. 1 No. 3 BGB one year starting from the legal beginning of limitation. The legal guarantee for used articles is excluded.

4. in the event of defects within the scope of subsequent performance, the seller has the choice between rectification of the defect or new delivery.

5. the buyer will examine the ordered goods immediately after the delivery, as far as it concerns a mutual commercial transaction in the sense of the commercial code. This applies in particular with regard to the completeness of the goods as well as the respective functionality. The seller must be notified immediately of any defects that are discovered in the process or can be detected without further ado. A detailed description of the defect must be enclosed. If the Buyer fails to notify the Seller, the goods shall be deemed to have been accepted unless the defect was not identifiable during the inspection.

6. defects of the goods which cannot be detected in the course of the proper inspection in accordance with paragraph 5 must be reported to the seller immediately after their discovery, insofar as this is a mutual commercial transaction; otherwise the goods shall also be deemed to have been approved with regard to this defect.

7. The Seller shall not be liable for damages caused by slight negligence.

8. the limitations of liability according to the preceding numbers shall not apply to damages resulting from injury to life, body or health, fraudulent concealment of defects, claims arising from the Product Liability Act, in the case of intent and gross negligence as well as in the case of breach of duties, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the buyer may regularly rely.

9. the claim for damages for the negligent breach of essential contractual obligations shall, however, be limited to the foreseeable damage typical for the contract, unless another of the exceptional cases listed in para. 8 is also present.

10. If the Seller delivers a defect-free item for the purpose of subsequent performance, he may demand that the Buyer return the defective item in accordance with §§ 346 to 348 of the German Civil Code (BGB).

11. There shall be no warranty claim for defects arising from faulty or negligent handling, excessive strain or non-compliance with our operating instructions. If the purchaser or a third party carries out interventions and/or changes to the goods without our written approval or instruction, our warranty obligation shall lapse. This also applies to any warranty claims. We accept no liability whatsoever for any consequential damage resulting from the processing and errors of our suppliers or the use of reloaded ammunition or the sale of consignment goods.

§ 4 Retention of title

1. The delivered goods shall remain the property of the Seller until all claims to which the Seller is entitled against the Customer arising from the existing business relationship have been satisfied.
2. In the event that the delivery item is sold, the buyer hereby assigns his claim from the resale against the buyer with all ancillary rights to the seller by way of security, without any further special declarations being required. The assignment shall apply including any balance claims. However, the assignment shall only apply to the amount corresponding to the price of the delivery item invoiced by the Seller. The portion of the claim assigned to the Seller shall be satisfied with priority.

3. Until revoked, the buyer is entitled to collect the claims assigned in this regulation (reservation of title). The Buyer shall immediately forward to the Seller any payments made on the assigned claims up to the amount of the secured claim. If there is an important reason, in particular in case of default of payment, cessation of payments, opening of insolvency proceedings, protest of a bill of exchange or well-founded indications for over-indebtedness or impending insolvency of the buyer, the seller is entitled to revoke the buyer‘s right of collection. In addition, the Seller may, after prior warning and subject to a reasonable period of notice, disclose the assignment by way of security, utilize the assigned claims and demand that the Buyer disclose the assignment by way of security to the customer.

4. if a legitimate interest is substantiated, the buyer must provide the seller with the information required to assert his rights against the customer and hand over the necessary documents.

5. During the existence of the reservation of title, the purchaser is prohibited from pledging the goods or assigning them as security. Resale is only permitted to resellers in the ordinary course of business and only under the conditions that payment of the equivalent value of the delivery item is made to the purchaser. The Buyer shall also agree with the Buyer that the Buyer shall not acquire ownership until this payment has been made. In the event of seizure, confiscation or other dispositions or interventions by third parties, the buyer must notify the seller immediately.

6. If the realisable value of all security rights to which the Seller is entitled exceeds the amount of all secured claims by more than 10%, the Seller shall release a corresponding part of the security rights at the Buyer‘s request. The seller is entitled to choose between various security rights when releasing the goods.

§ 5 Delay and costs of delay

1. The customer shall be in default if he has not paid within 30 days of the due date.
2. Interest on arrears shall amount to 8 % points above the base interest rate applicable at the time.
3. The seller is entitled to charge the customer a lump sum of € 15.00 for each reminder. The customer shall be entitled to prove that no damage or only minor damage has been incurred. The right to assert further reminder costs is expressly reserved.

4. The right of the seller to assert further claims for damages remains unaffected by the above provisions.

§ 6 Return of goods

1. Goods we have delivered may only be returned with our prior consent. Goods and packaging must be in a flawless and saleable condition. Furthermore, it is a mandatory requirement that a copy of the invoice or delivery note be enclosed. Administration fees of up to 10% of the value of the goods, but a minimum of € 50, can be charged. Excluded from return as a matter of principle are custom-made products or special procurements which are only delivered on the basis of irrevocable firm orders as well as damaged goods or goods which are no longer in their original condition. For goods sent on approval which are returned in full we charge € 50.

§ 7 Final provisions

1. The present General Terms and Conditions and the purchase contract concluded in each case shall be governed exclusively by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods if the customer is not a consumer.
2. If the parties are registered traders, the place of jurisdiction for all disputes arising from or in connection with the present contract shall be the city of the seller‘s registered office.
3. If one or more clauses of these terms and conditions should be invalid in whole or in part, this shall not affect the validity of the remaining provisions.

last update: January 7, 2020 HKE