Standard Terms and Conditions - Business
General Terms and Conditions
Waffen Ferkinghoff GmbH & Co. KG, Semmelstraße 27, 97273 Kürnach, Germany
Section 1: Scope, object and conclusion of the agreement in question
1. The following terms and conditions alone regulate the contractual relationship between Waffen Ferkinghoff GmbH & Co. KG, represented by Waffen Ferkinghoff Verwaltungs GmbH, itself represented by the directors Achim, Andrea and Angelika Ferkinghoff, the „Seller“ and the customer in question.
2. These General Terms and Conditions apply exclusively. They apply to all future contracts concluding as part of the business arrangement, even if no renewed explicit reference is made to them. Unless the Seller expressly agrees in the specific case, the customer‘s alternative or contrary terms and conditions are not acknowledged.
3. They only apply to „entrepreneurs“. Entrepreneurs within the meaning of these General Terms and Conditions are all natural or legal persons or joint partnerships with legal capacity, who place a purchase order in the course of a trade or independence employment activity.
4. The object of the agreement in question is the sale of a good by the Seller to the customer.
5. The customer may place an order via the Seller‘s website. Once the purchase order is sent, the customer will receive an order confirmation, in which his data and order are again set out. This order confirmation does not constitute acceptance of the offer to conclude a contract. If the Seller accepts the offer, the purchaser will receive notice of acceptance or a shipping confirmation within 2 days. If the customer does not receive any such notice or confirmation within the time specified he shall be no longer bound to his purchase order.
6. The conclusion of a contract to purchase firearms is conditional on the receipt of appropriate proof of age and proof of permission to make the purchase.
7. Following the order, the customer will receive an email containing the contract and the General Terms and Conditions. Furthermore, following the conclusion of contract, a customer who has created a customer account can open it at any time to view his respective orders.
8. Contracts are concluded in German only. German law shall apply if the customer is a „merchant“.
9. All price information refers to gross prices in Euro.
Section 2: Performance of the purchase contract, shipping costs
1. The customer bears the shipping costs from the Seller‘s branch office location. These are charged according to the shipping costs schedule valid at the time of the order and available to view at https://www.waffen-ferkinghoff.com/english/order-and-delivery.
2. The purchase price is payable immediately upon the conclusion of the purchase contract. The customer may select between different payment methods. The Seller reserves the right to refuse certain payment methods for deliveries abroad, first-time orders or for other reasons.
3. The Seller is entitled to rescind the agreement if he does not receive the deliverable item despite having previously concluded a corresponding procurement contract; the Seller remains liable for deliberate acts and gross negligence. In this case the Seller will promptly notify the customer of the non-availability, and without delay it will return any counter-performance already rendered. In such a case the Seller reserves the right to offer the customer an alternative article with a similar price and quality, with the intention of concluding a new contract for the sale of this comparable article.
4. By acknowledging the General Terms and Conditions, the customer confirms that he is at least 18 years old and therefore has legal capacity, or if the customer is under 18, by acknowledging the General Terms and Conditions the customer confirms that he is at least 7 years old and that he obtained the consent of his legal guardian prior to placing the order. The Seller makes clear that the customer will be held liable for any damage incurred by the former due to falsely provided information regarding age or address or as a result of frivolous orders.
Section 3: Warranty and liability
1. If defects exist in the goods, the Seller will generally be liable in accordance with the statutory sales law provisions (Section 434 et seq. German Civil Code („BGB“)) and the law concerning the sale of consumer goods (Section 474 et seq. BGB), unless these General Terms and Conditions contain a contrary provision.
2. Claims for defects are not valid for minor deviations from the contractually agreed quality, or if the fitness-for-purpose is only insignificantly impaired.
3. For new articles the warranty period for rights established under § 437 no. 1 and no. 3 German Civil Code („BGB“) BGB is one year from the statutory commencement of the limitation period, by way of deviating from Section 438 Para. 1 no. 3 BGB. No statutory warranty is available for used articles.
4. If defects are detected, in terms of subsequent performance the Seller may choose between subsequent improvement or delivery of a new product.
5. In the case of a bilateral commercial transaction within the definition of the German Commercial Code, after the goods are delivered the purchaser must examine them promptly. This applies particularly to the completeness of the goods and the respective functionalities. Defects hereby identified or otherwise readily evident must be reported to the Seller without delay. A detailed description of the defect must be included. If the purchaser fails to issue any such notification, the goods are deemed to have been accepted, unless the defect is one not identifiable during the examination.
6. Defects in the goods not identifiable during a properly conducted examination in accordance with paragraph 5, must be promptly reported to the Seller following their discovery, insofar as a bilateral commercial transaction is concerned; otherwise the goods will be deemed to have been accepted, even in view of this defect.
7. As a rule, the Seller will not be liable for damage caused through ordinary negligence.
8. The limitations on liability set out under no‘s above, do not apply to damage resulting from death or personal injury, the fraudulent concealment of defects, claims established under the Product Liability Act, in cases of deliberate acts and gross negligence as well as the breach of obligations, the fulfilment of which is essential to the very performance of the agreement, the fulfilment of which the customer is entitled to routinely rely upon.
9. However, the claims to damages for the negligent breach of material contractual obligations are limited to the foreseeable damages typical for this type of contract, unless one of the other exceptions listed Para. 8 also exist.
10. If the Seller delivers a fault-free article by way of subsequent performance, it may demand that the purchaser return to it the defective article in accordance with the provisions contained in Sections 346 to 348 BGB.
11. We make clear that the warranty does not extend to damage resulting from the deficient production of reloaded ammunition.
12. You are not eligible for a warranty claim for defects resulting from faulty or negligent handling, excessive use and non-compliance with our operating regulations. Our warranty obligation will expire, if the buyer or a third party interferes and / or does any changes to the goods without our prior written approval or instructions. This also applies to any warranty claims.
We are not liable for any consequential damages resulting from the processing and errors of our suppliers, the use of reloaded ammunition and the sale of commissioned goods.
Section 4: Retention of title
1. The delivered goods remain the property of the Seller until the fulfilment of all its claims against the customer established under the existing business arrangement.
2. To cover the case of the resale of the delivered article, by way of precaution the purchaser hereby assigns to the Seller its claims (receivables) established by way of the resale against the new buyer. This assignment includes all ancillary rights and no additional separate declaration is necessary. The assignment likewise applies to any outstanding account balances. However, the assignment is only valid up to that sum equal to the price of the delivered article as invoiced by the Seller. The portion of the receivables assigned to the Seller must be settled as a priority.
3. Until permission is revoked, the purchaser is authorised to collect the receivables assigned by way of this provision (Retention of title). The purchaser will promptly pass on to the Seller the payments made on the assigned receivables, but only up to the amount of the secured claim. If a material reason exists, especially in the event of default of payment, cessation of payments, the opening of insolvency proceedings, bill of exchange protest or clear indications that the purchaser is overindebted or will become unable to service its debts, the Seller will be entitled to revoke the purchaser‘s authority to collect debts. The Seller is also entitled, having first issued a warning and granted a reasonable time period, to disclose the assignment for security, release the value of the assigned receivables and demand that the purchaser disclose the security assignment to its own customers.
4. If credible evidence is produced of a legitimate interest, the purchaser must provide the Seller with the information and documentation necessary to enable the Seller to exercise its rights against the customers.
5. During the time that the retention of title exists, the purchaser is not permitted to enter into any bailment or security arrangements. Resale is only permitted to resellers acting in the course of their regular business and only under the condition that the equivalent value of the delivered article is remitted to the Seller. The purchaser must agree with its buyers that the latter can only acquire ownership following this payment. The purchaser must promptly inform the Seller of any liens, expropriations or other dispositions or third-party interference.
6. If the realisable value of all the collateral interests to which the Seller is entitled, exceeds all the secure claims by more than 10%, if requested by the purchaser, the Seller will release a corresponding part of this collateral. The Seller is entitled to choose which collateral should be released.
Section 5: Delay/default and the costs thereof
1. The customer is in default, if no payment has been made within 30 days of the due date.
2. The rate of default interest is 8 percentage points over the current base interest rate.
3. The Seller is entitled to demand flat-rate payment reminder charges of € 15.00 for each reminder sent. The customer is entitled to demonstrate that no loss was incurred or that the actual loss incurred was lower. The right to claim additional payment reminder costs is reserved.
4. The provisions set out above do not affect the right of the Seller to claims additional damages.
Section 6: Concluding provisions
1. These General Terms and Conditions and the purchase agreement concluded in each case are governed exclusively by the German law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods, if the customer is not a consumer.
2. If the parties are registered traders, the legal venue for all disputes arising from or in connection with this contract will be the competent court in the town/city in which the Seller has its registered address.
3. This will not affect the validity of the remaining regulations, if one or more clauses of these business terms and conditions are totally or partially invalid.
valid as of: 06/2019 HK