Shooting Supplies

General Trade Conditions

 

General Terms and Conditions

Version: April 2013

 

These are the general terms and conditions (GTC) of:

 

 

LW Sàrl

SHOOTING SUPPLIES BRANCH

General Manager:

Simone LULLINGEN-WEBER

6a rue de Moutfort

L-5355 OETRANGE / Luxembourg

 

Tel.: + 352 26 78 57 58

Fax.: + 352 26 78 57 60

eMail:

 

Autorisation B 174980,

VAT LU 26028549

 

 

 

§ 1 General

 

1.1 Shooting Supplies offers reloading, tactical, hunting and shooting equipment in its online shop under the domain name www.shooting-supplies.eu, at www.egun.de, or at any other site Shooting Supplies may decide. With the exception of special market products, all merchandise is factory new.

 

1.2 The present GTC apply to all business relations between Shooting Supplies and the customer.

 

1.3 "Customers" in the sense of the present terms and conditions are both consumers and businesses.

 

1.3.1 A consumer is to be regarded as any natural person, with whom a business relationship is entered into and which acts neither for commercial, nor independent professional purposes.

 

1.3.2 Businesses are in the present GTC any natural or legal person or a partnership having legal capacity with which a business relationship is entered into and which acts in the exercise of commercial or independent professional activities.

 

 

§ 2 Conclusion of a Contract

 

2.1 The products and services listed in the online shop do not constitute a binding offer on behalf of Shooting Supplies.

 

2.1.1 Product images and drawings or illustrations are merely approximate product descriptions. Those are based on the manufacturer's information on its homepage or catalogue. Shooting Supplies is not responsible for any errors or mistakes in those descriptions.

 

2.1.2 The product offer from Shooting Supplies, in particular electronic components and devices, meet the requirements of the German market (voltage 230V; connections in accordance with German standard).

 

2.2 By placing an order, be it by phone, in writing or electronically, the customer confirms his tentative offer in a binding manner. The customer will immediately receive an online order confirmation from Shooting Supplies. This does not mean that the offer is accepted, but it can be associated with the acceptance statement.

 

2.3 Shooting Supplies is entitled to accept the customer's contract offer within three business days after receipt thereof. Acceptance may be done with an express communication or by delivering the merchandise.

 

2.4 Shooting Supplies does not assume any procurement risk and reserves the right to abandon the obligation of contractual performance if the delivery it receives from its suppliers is incorrect or invalid. This does not affect the liability of Shooting Supplies for malice or negligence pursuant to the liability regulations specified under § 11 of these GTC. Shooting Supplies will promptly inform the customer if the service is unavailable or only partially available; in case of cancellation, the customer will be reimbursed promptly.

 

 

§ 3 Right of Revocation

 

In accordance with the legal provisions applicable to distance selling, consumers have the right of revocation with respect to purchased merchandise, subject to the following instruction:

 

3.1 The consumer may revoke his contractual declaration within 14 days in writing (e.g. letter, fax or e-mail) without statement of reason, or by returning the item. However this must be authorized in advance by Shooting Supplies. This period starts at the earliest at the point in time when this written notice has been made, but not prior to the day of receipt of the merchandise by the consumer. The calculation of the period does not include the day on which the written cancellation notice has been made or the day of receipt of the merchandise.

 

3.2 Timely mailing of the revocation or the item suffices to uphold the cancellation period. Cancellations must be directed to:

 

SHOOTING SUPPLIES

6a rue de Moutfort

L-5355 OETRANGE / Luxembourg

 

Fax.: + 352 26 78 57 60

eMail:

 

3.3 In the event of an effective revocation, performances received by both parties and any additional benefits (e.g. interest) are to be returned. If the consumer cannot fully or partially return the received performance, or can only return it in deteriorated condition, he must reimburse the respective value. In the event of surrender of items, this does not apply if the deterioration of the item is only due to the inspection thereof, e.g. as would have been possible in a shop. For the rest, the consumer can avoid the reimbursement obligation by not starting to use the merchandise as an owner and refraining from anything that would affect its value.

 

3.4 The consumer must carry the cost of the return shipment.

 

 

§ 4 Prices, Delivery and Shipping Charges

 

4.1 The prices listed in the online shop are end prices and consequently include all price components, including any applicable taxes. However, in the event of international deliveries, the customer may owe additional taxes and/or duties (e.g. customs duties).

 

4.2 The purchase price does not include incidental delivery and shipping charges. Hence, domestic (within Germany) and international shipments will always incur delivery, shipment, handling and packaging charges, which are also to be borne by the buyer and which depend on the specific description of the article and the shipping information contained therein; alternatively, the online shop will specify further calculation details.

 

 

§ 5 Payment Terms

 

5.1 Unless agreed otherwise, the payment options available to the customer are listed in the online shop, such as payment by bank transfer, by credit card or PayPal. For different Country's there could be different options available

 

5.2 The customer must pay the purchase price plus any delivery and shipment charges before shipment. Receipt of the amount by Shooting Supplies is decisive here. If after 10 days, no payment is received by Shooting Supplies, the customer will be put in default of payment by the seller without any further explanation.

 

5.2.1 In case of past-due payment, the consumer must add a late fee of 5% over the applicable basic rate of interest to the moneys owed. For business customers, Shooting Supplies will charge a late fee of 8% over the basic rate of interest.

 

5.2.2 Shooting Supplies reserves the right to claim demonstrated higher damages caused by past-due payment.

 

 

§ 6 Right of Retention

 

The customer may only assert a right of retention if his counterclaim is based on the same contractual relationship.

 

 

§ 7 Delivery and Shipping Conditions

 

7.1.1 Unless agreed otherwise in a given case, the merchandise will be delivered against cash in advance and by dispatch type sequence. Shooting Supplies will ship the merchandise within seven business days from its warehouse after the purchase price due by the customer is received and confirmed.

 

7.1.2 The delivery deadlines and dates are non-binding. Binding delivery deadlines & delivery dates always require the written form.

 

7.2.1 For business customers, the risk of incidental demise or incidental deterioration of the merchandise is transferred to them as soon as the shipment is delivered to the person in charge of the transport.

 

7.2.2 In case of consumers, the risk of incidental demise and incidental deterioration of the merchandise for shipping sale is transferred to him as soon as the object of the sale is delivered to the consumer.

 

7.2.3 As to bearing the above risk, failure by the customer to accept the items is put on a par with delivery.

 

7.3 The customer assures having specified the correct and complete delivery address in his order. Any additional shipping charges resulting from incorrect address information, such as repeat shipping charges, must be borne by the customer. Additional fees will be requested if the address was wrong and the shipment has been returned to Shooting Supplies.

 

 

§ 8 Retention of Title

 

Shooting Supplies retains ownership of the merchandise until payment in full has been made. For business customers, Shooting Supplies retains ownership of the merchandise until all of his claims towards the buyer have been fulfilled.

 

 

§ 9 Warranty Conditions

 

9.1.1 If the merchandise has flaws, consumer customers are first entitled to rectification. The consumer can either choose between having the flaw removed or receiving a flawless item. Shooting Supplies has the right to refuse the rectification option if the cost thereof is disproportional.

 

9.1.2 If the rectification fails, the legal provisions allow the consumer-customer to choose between a reduction of the purchase price (discount), cancellation of the contract, recovery of damages or compensation for any wasted expenditures. If he opts for recovery of damages or compensation for any wasted expenditures, Shooting Supplies is liable in accordance with § 11 of the present terms and conditions.

 

9.2.1 Business customers must notify Shooting Supplies of any obvious merchandise flaws within 14 days of receipt of the merchandise. Otherwise, any warranty claims become null and void. Notices of flaws must be done in writing, which means that they have to be directed to Shooting Supplies by letter, fax or e-mail, for example. The timely sending of the notice of flaw is enough for the period preservation.

 

9.2.2 For business customers entitled to warranty claims, rectification of the flaw of the Shooting Supplies merchandise may, at the discretion of Shooting Supplies, include either removal of the item or replacement with new merchandise.

 

9.3.1 For consumers, the rights in the event of flaws in a new item expire after two years, for businesses after one year, both as of the delivery of the merchandise. Lapse relieves associated with these periods do not apply if and in so far that Shooting Supplies is liable pursuant to § 11 of these GTC or if it concerns the material rights of a third party on the grounds of which the release of the delivered items can be demanded.

 

9.3.2 For used items sold to a consumer customer, the warranty claims expire within one year of delivery of the merchandise. This warranty exclusion does not apply if and in so far that Shooting Supplies is liable pursuant to § 11 of these GTC or if it concerns the material rights of a third party on the grounds of which the release of the delivered items can be demanded.

 

9.3.3 Businesses do not have warranty claims for used items. The same applies to flaws developed after conclusion of the contract but before the transfer of risk. Lapse relieves associated with these do not apply if and in so far that Shooting Supplies is liable pursuant to § 11 of these GTC or if it concerns the material rights of a third party on the grounds of which release of the delivered items can be demanded.

 

9.4 No warranty exists in case of damage caused by improper handling or use of the merchandise by the customer.

 

9.5 The recourse claims for businesses are stipulated in the Luxemburgish Commercial Law.

 

 

§ 10 Transport Damage

 

In the event of transport damage, the customer will support Shooting Supplies to the best of his ability if claims are filed with the relevant shipping company or shipping insurer.

 

10.1 The customer will examine the delivered merchandise. In case of externally discernable transport damage and the delivery is still accepted, the customer is obligated to record this on the respective shipping documents and have the deliverer issue him a receipt for it; the packaging materials must be saved. He will then take pictures and send these to Shooting Supplies.

10.2 If the (partial) loss or damage is not externally discernable, the customer must report this to Shooting Supplies within two days of the delivery, or to the shipping company within seven days of the delivery in order to guarantee that any claims can be filed with the shipping company in a timely manner.

10.3 Any rights and claims on behalf of the customer, in particular his rights in case of flawed items, remain unaffected by the provisions of §§ 10.1 and 10.2 of the present GTC. They therefore do not include any disqualification period for customer rights pursuant to § 9 of the present GTC.

 

 

§ 11 Liability

 

 

11.1 Shooting Supplies is not liable for damages or harm to life, body or health based upon intentional or negligent use of the products sold by Shooting Supplies. Also, Shooting Supplies is not liable for deceitfulness of the products sold.

 

11.2 Shooting Supplies is NOT liable for any products send to a customer who, according to the applicable law in the country of origin of this customer, is prohibited or requests special authorization. The custom alone is responsible for buying all products offered by Shooting Supplies and certifies, by accepting the present GTC, that he/ or she is authorized by his government to buy, own and use the products sold by Shooting Supplies. In any case, Shooting Supplies can be made responsible for having shipped a product to a customer who is not entitled to own it.

 

11.3 Any additional liability is ruled out.

 

 

§ 12 Final Provisions

 

12.1 The relations between the contracting parties are governed by the law applicable in the Grand-Duchy of Luxembourg..

 

12.2 The terms of the United Nations Convention on Contracts for the International Sale of Goods or United Nation sales law (CISG) do not apply.

 

12.3. If the customer is a business person, a legal person under public law or public legal fund asset, the address of record of Shooting Supplies is the place of performance and court of jurisdiction for any disputes arising from this contractual relation. The same applies in the event that the business customer does not have general court of jurisdiction in Luxembourg or in the event that the usual residence is not known at the time that proceedings are instituted. In this case, the address of record of Shooting Supplies is also the only court of jurisdiction for any disputes arising from this contract. This does not affect the authority to appeal to another legal court of jurisdiction.

 

12.4 In case of dispute, only the French version of the GTC (named Conditions Générales de Vente) is applicable.