Terms and Conditions

§ 1 Basic provisions
 
(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (Waffen Ferkinghoff GmbH & Co.KG) via the www.waffen-ferkinghoff.com website. Unless otherwise agreed upon, the inclusion, if necessary, of your own conditions is ruled out.
 
(2)  A ‘consumer' in the sense of the following regulations is every natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities. The term ‘businessman' refers to every natural person, legal person or legally responsible partnership that concludes a legal transaction in pursuance of his/its independent professional or commercial activity.

§ 2 Conclusion of the contract
 
(1) The subject-matter of the contract is the selling of products and/ or the provision of repair services .
 
(2) We sell the product under our own name on behalf of others, i.e. for an external party that owns the product in question. In this regard, we play the role of a partial or total commission agent. In spite of that, we are a contractual partner who enjoys all the respective rights and is subject to all the respective responsibilities.
 
(3) On placing the product in question on our website, we provide you with a binding offer to conclude a sales agreement subject to the conditions specified in the item description.

(4) The purchase agreement takes place via the online shopping cart system as follows:
The products  and/ or repair services intended for purchase are moved to the "shopping cart". You can select the shopping cart using the appropriate buttons on the navigation bar and make changes there at any time.
After calling up the "Checkout" page and entering the required personal data and payment and shipping conditions, all order information is then displayed again on the order summary page.
If you used an instant payment system (e.g. PayPal / PayPal Express, Amazon-Payments, Sofort) to initiate payments, you will either be guided to our online shop on the order summary page or forwarded to the web page of the instant payment provider.
If you are forwarded to the instant payment system, choose and enter your details as appropriate. You will then be returned to the order summary page in our online shop.
Before the order is sent, you can re-check all the data, change it (which can also be done via the internet browser's ‘back' function) or cancel the purchase transaction.
By clicking the "Place order in conjunction with a liability to pay" button to submit the order, you declare acceptance of the order in a legally binding way by which the purchase agreement takes place.
 
(5) You are not bound by your enquiries regarding the creation of an offer that have been conveyed to us. We supply you with a textual and binding offer (e.g. via e-mail), which you can accept within a period of 5 days.
 
(6) The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.

§ 3 Provision of services in case of repairs
 
(1) Insofar as repair-related services form the subject-matter of the contract, we are obligated to carry out the repair-related activities that follow from the service description. We shall provide these services in all conscience, either personally or through an external party.
 
(2) You are obligated to cooperate. In particular, you have to describe the defect affecting the device as extensively as possible and make the defective device available.
 
(3) You shall have to bear the costs of sending us the defective device.
 
(4) Insofar as no other period is specified in the respective offer or under the appropriate button, repairs, including assigning the device for shipping, shall be made within 5-7 days following receipt of the device to be mended (however only for advance payment after the time of your payment instruction).
 
(5) If you exercise your right of termination in accordance with Section 648(1) BGB, we can demand a flat-rate fee of 10% of the agreed fee, if performance has not yet started. However, this only applies to the statutory right of revocation if you first exercise your right of termination after the end of the revocation period. You will bear the burden of proof for demonstrating that we have incurred no or substantially less costs.

§ 4 Special agreements related to the offered payment methods
(1) Payment in instalments via easyCredit
Payment in instalments via easyCredit is also subject to the General Terms and Conditions of Business on Payment in Instalments ofeasyCredit. These General Terms and Conditions can be found here (https://www.easycredit-ratenkauf.de/download/rk_ergaenzende_AGB_zum_ratenkauf_by-easycredit_2.0.pdf).

§ 5 Right of retention, reservation of proprietary rights
 
(1) You can only exercise a right of retention if the situation in question involves claims arising from the same contractual relationship.
 
(2) The goods remain our property until the purchase price is paid in full.
 
(3) If you are a businessman, the following conditions also apply:
 
a) We retain ownership of the goods until all the claims arising from the ongoing business relationship have been settled in full. The goods subject to retention of title may not be pledged or transferred by way of security before ownership of the said goods changes hands.
 
b) You can re-sell the goods within the framework of an orderly transaction. In this regard, you hereby cede all the claims amounting to the magnitude of the billing amount that accrue to you as a result of the re-selling operation to us, and we accept the cession. Furthermore, you are authorised to collect the claim in question. However, insofar as you do not discharge your payment obligations in an orderly fashion, we reserve the right to collect the claim ourselves.
 
c) In a situation involving the combination and amalgamation of the goods subject to retention of title, we acquire co-ownership of the newly-formed item. This co-ownership corresponds to the ratio that exists between the invoice value of the goods subject to retention of title and the other processed items at the time of processing.
 
d) If you make a request of this nature, we shall be obligated to release the securities that are due to us, to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.

§ 6 Warranty
 
(1) The statutory warranty rights are applicable.
 
(2) Claims for defects shall be excluded for used items if the defect occurs after one year from delivery of the item. If the defect occurs within one year from delivery of the item, claims for defect can be asserted in accordance with the statutory limitation period of two years from delivery of the item. The above limitation does not apply:
 
- to damages culpably attributable to us arising from injury to life, limb or health and for other damages caused by wilful intent or gross negligence;
- insofar as we have wilfully concealed the defect or accepted a warranty for the quality of the goods.
 
(3) As a consumer, you are requested to promptly check the product for completeness, visible defects and transport damage as soon as it is delivered, and promptly disclose your complaints to us and the shipping company in writing. Even if you do not comply with this request, it shall have no effect on your legal warranty claims.
 
(4) Insofar as you are a business, the following difference applies to the aforementioned warranty regulations:
 
a) It is understood that the details provided by us and the product description provided by the manufacturer are the only things that represent the properties and condition of the product in question. Other advertisements, blurbs and statements issued by the manufacturer are not considered to be representative of the properties and condition of the said product.
 
b) If the goods are found to be faulty, we shall reserve the right to repair the goods or deliver replacements. If the defect is not removed, you can demand a reduction in the price or withdraw from the contract at your discretion. The defect removal is applicable after a failed second attempt, unless the circumstances prove otherwise, in particular due to the nature of the object and/or defect or other conditions. In case of repair, we must not bear the additional costs, which arise from the transfer of the item to a place other than the place of fulfilment, as far as the transfer does not correspond to the intended use of the item.
 
c) The warranty period amounts to a period of one year after delivery of the product. The reduction in time-limit does not apply:
 
- to damages culpably attributable to us arising from injury to life, limb or health and for other damages caused by wilful intent or gross negligence;
- insofar as we have wilfully concealed the defect or accepted a warranty for the quality of the goods;
- to goods which are used for a building in accordance with their normal use instructions and whose defects were caused by this;
- for statutory recourse claims, which you have against us in connection with warranty rights.

§ 7 Choice of law, place of fulfilment, jurisdiction
 
(1) German law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteed by the mandatory provisions of the law of the country in which the respective customer's usual place of residence is located (benefit-of-the-doubt principle).
 
(2) If you are not a consumer, but a businessman, a legal entity under public law or an institutional fund governed by public law, our place of business is the place of jurisdiction as well as the place of fulfilment for all services that follow from the business relationships that exist with us. The same condition applies to situations in which you are not associated with a general place of jurisdiction in Germany or the EU, as well as situations in which the place of residence or the usual place of residence is not known at the time of commencement of proceedings. This has no bearing on the capacity to call upon the court associated with another place of jurisdiction.
 
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.

§ 8 Protection of minors
 
(1) For the sale of goods, that are subject to the regulations of child welfare protection law, we only deal with contractual relationships with customers who have reached the legally prescribed minimum age.
Any age restrictions are referred to in the respective item descriptions.
 
(2) By submitting your order, you assure that you have reached the legally prescribed minimum age and that your details as regards your name and your address are correct. You are under obligation to ensure that only you or other persons authorised by you to accept the delivery, who have reached the legally prescribed minimum age, can take delivery of the goods.
 
(3) As long as we are under obligation by the legal provisions to carry out an age verification, we instruct the logistics service provider commissioned with the delivery to hand over the delivery only to persons who have reached the legally prescribed minimum age, and in case of doubt, to request for the identity card of the person accepting the product for the purpose of age verification.
 
(4) As far as we show, beyond the legally prescribed minimum age in the respective item description, that you must have completed 18 years of age to be able to purchase the item, the aforementioned sections 1-3 are applicable providing that instead of the legally prescribed minimum age, the legal age must be reached.

§ 9 Weapons sales
 
(1) When it comes to the sales of products that are covered by the weapons law, we only enter into contractual relationships with customers who are of legal age. If the products in question are listed in annexe 2 of the weapons law, you are asked to produce a weapons permit.
 
(2) You affirm, in conjunction with the sending of your order, that you are at least 18 years old and that the data supplied by you regarding your name and your address is accurate.You are obligated to ensure that the product is only received by you or persons of legal age who you have authorised to receive the product.
 
(3) We instruct the third-party logistics provider, who has been entrusted with the task of making the delivery, to only deliver the product in question to people above the age of 18 and, in case of any doubts, to verify the age of the person receiving the product by viewing that person's identification card.

last update: 12.11.2019

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