T&Cs

General Terms and Conditions of Business (T&Cs)

Agreed between:

Blaser GmbH
Address: Ziegelstadel 1, 88316 Isny (Allgäu), Deutschland
represented by the management comprising Mr. Christian Socher and Thomas Seeger
- referred to as the “supplier” hereinafter -

and

every natural person or legal entity that makes offers or concludes contracts, or both,
as a consumer or businessman via the platform of store.blaser.de
- referred to as the “customer” hereinafter –


 

Article 1 - Scope and definitions of terms

(1) The version of the following General Terms and Conditions of Business, which is valid at the point in time when the purchase order is placed, applies solely to the business relationship between the supplier and the customer. The customer’s diverging terms and conditions will not be recognized unless the supplier expressly consents to their validity in writing.

(2) The customer is the consumer, insofar as the purpose of the ordered supplies and services cannot be ascribed to his commercial or independent professional activity (Article 13 of the German Civil Code). On the other hand, the businessman is any natural person or legal entity, or legally competent association without an independent legal existence (i.e., an unincorporated firm or partnership), which acts by means of exercising its commercial or independent professional activity when concluding the contract (Article 14 of the German Civil Code).


 

Article 2 - Conclusion of the contract

(1) The customer can choose various products from the supplier’s assortment, especially accessories for hunting weapons and hunting clothing, (referred to collectively as “products” hereinafter) and he can pick these products via the “In the shopping basket” button. He places a binding order for buying the goods that the shopping basket contains via the “Order with obligatory payment” button. The customer can alter and examine the data at any time before sending off the purchase order. However, the order can only be placed and transmitted if the customer accepts these contractual conditions by means of placing a tick against the field of choice entitled “Accept the General Terms and Conditions of Business” and he has incorporated them in his order as a result. The General Terms and Conditions of Business can be called up via a hyperlink before placing the tick; they can also be stored as a pdf data file or printed out, or both. The same rule applies to the information about any right of cancellation that could exist.

(2) The supplier then sends an automatic acknowledgement of order by e-mail to the customer, in which the customer’s purchase order can be called up again and which the customer can confirm via the function of “Print out the acknowledgement of order now”. The automatic acknowledgement of order (called the “acknowledgement of order”) merely documents that the customer’s order has been received by the supplier; it does not represent any acceptance of the order. The contract will only materialize by means of the supplier declaring the acceptance (called the “acceptance of order”), which is sent by a separate e-mail one day at the latest after forwarding the acknowledgement of order.

(3) The customer has the possibility of recognizing and correcting any input mistakes as follows, before issuing the contractual declaration. The customer can alter his personal data via the “Alter” button on the “Check and order” page before concluding the contract. It is also possible to alter the number of articles and to delete the articles via buttons.


 

Article 3 - Delivery and periods of delivery

(1) Deliveries are only possible to the delivery addresses in: Albania, Andorra, Austria, Belgium, Bulgaria, Corsica, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Faroe Islands, Finland, France, Georgia, Germany, Gibraltar, Great Britain, Greece, Greenland, Guernsey, Hungary, Iceland, Ireland, Italy, Jersey, Kazakhstan, Kosovo, Latvia, Liechtenstein, Lithuania, Luxembourg, Macedonia, Malta, Monaco, Montenegro, Netherlands, Northern Ireland, Norway, Poland, Portugal, Romania, Russian Federation, San Marino, Serbia, Slovak Republic, Spain, Sweden, Switzerland, Turkey, Vatican City.

(2) The periods of delivery that we quote are calculated from the point in time when our confirmation of order is sent and they are quoted for the respective article on the online shop’s home page.


 

Article 4 - Reservation of ownership

The delivered goods remain in the supplier’s ownership until the customer has paid for them in full.


 

Article 5 - Prices and despatch costs

(1) All of the prices that are quoted on the supplier’s web site are understood to include the respectively valid rate of statutory turnover tax.

(2) The supplier charges an all-inclusive despatch cost per purchase order in Euro, as follows:


€ 6.95 to Germany

€ 8.75 to Austria, Belgium, Corsica, Denmark, Faroe Islands, France, Great Britain, Greenland, Guernsey, Jersey, Monaco, Netherlands, Northern Ireland

€ 9.60 to Andorra, Czech Republic, Finland, Greece, Hungary, Ireland, Italy, Liechtenstein, Luxembourg, Poland, Portugal, San Marino, Slovak Republic, Spain, Sweden, Switzerland, Vatican City

€ 24.40 to Albania, Bulgaria, Croatia, Cyprus, Estonia, Georgia, Gibraltar, Iceland, Kazakhstan, Kosovo, Latvia, Lithuania, Macedonia, Malta, Montenegro, Norway, Romania, Russian Federation, Serbia, Turkey

The corresponding despatch costs are permanently displayed on the home page before the purchase ordering operation begins; they are also quoted on the purchase ordering form in addition and the customer must pay them, insofar as the customer does not make use of his right of objection. The supplier delivers the ordered goods to the customer free of despatch costs within Germany from the value of € 50 upwards.

(3) The goods are despatched by the postal service. The supplier bears the risk of despatch whenever the customer is a consumer. The delivery will be made ex-works from the supplier’s place of business if the customer is a businessman. (Incoterms 2010).

(4) Products that cannot normally be despatched by post on account of their size or weight (e.g., weapon cabinets) are despatched by a haulage contractor. The following all-inclusive despatch rates apply per consignment in these cases.

€ 300 for delivery by a haulage contractor to Germany
€ 600 for delivery by a haulage contractor to Austria or Switzerland


 

Article 6 - Proof of age in the case of purchasing weapons or alcoholic beverages

(1) The weapons or alcoholic beverages that are offered on our portal at store.blaser.deare only allowed to be issued to natural persons who are at least 18 years old. Therefore, these products can only be sold and delivered solely within the Federal Republic of Germany in return for proof by means of a certificate or in return for submitting an official confirmation that the purchaser is at least 18 years old. The type of despatch like ‘DHL recorded delivery’ ensures that the despatch will actually be received solely by the identity card’s holder and only via the postal service after the proof of age has been provided.

(2) All of the products that we offer are freely saleable and they are not subject to any duty of notification.

(3) All of the products that are labelled with the clear advice of “Proof of age” in the respective offer’s text on the portal at store.blaser.de (weapons for example) will only be issued by the supplier to persons who are over 18 years of age. We require an official certificate of age from you with the first purchase order. Therefore, the customer is obligated within the framework of the first purchase order to send us a copy of the identity card (front and back sides) or passport which he has signed personally. The proof of age will only be required for confirming and establishing the date of birth or the customer’s age once and in connection with the proof; then the supplier will destroy the copy immediately. The provisions about data protection apply according to Article 11. If a diverging delivery address is requested, then the supplier will require the recipient’s proof of age. It is impossible to deliver to a packing station or a parcel shop.

(4) The proof of age can be provided by faxing a scanned copy of the identity document to the supplier’s fax number of +49 (0) 7562 / 702 - 101 or by sending it via e-mail (as a .jpg or .pdf data file) to the despatch department at store@blaser.de. The holder of the identity document will actually receive the despatch solely by means of the postal service with the type of despatch like “DHL recorded delivery”.

 


 

Article 7 - Arrangements for payment

(1) The customer has the discretion to choose to pay the supplier for the products solely by cash in advance, payment by PayPal or by credit card. If the customer is a businessman, then he can additionally choose an invoice as the means of payment. The arrangements for payment are shown as follows, according to the method of payment that the customer chooses.

Cash in advance
The customer receives an acknowledgement of order first of all, as described above by Article 2 (2). PLEASE DO NOT PAY CASH IN ADVANCE ON ACCOUNT OF THE ACKNOWLEDGEMENT OF ORDER! The supplier will deal with the purchase order as quickly as possible. The supplier will then send a corresponding confirmation of order to the customer by e-mail, which includes the supplier’s banking connection, the total amount and the intended purpose. Please only make the cash in advance payment to the supplier after receiving this CONFIRMATION OF ORDER. The supplier will only deliver the goods to the customer after the money has been received completely, in the case of purchase orders that are placed on the basis of cash in advance. The supplier does not make any reservation of the respective product until the payment has been received. If the ordered products have been sold out in the meantime, then the supplier will inform the customer about this matter immediately and refund the payment.

PayPal
The PayPal type of payment is utilized as follows. The customer will be automatically directed to PayPal’s payment form after the purchase order has been received. The customer can register there as a registered PayPal customer by utilizing the user’s data that is filed with PayPal and then he can make the payment. The customer can certainly choose the PayPal type of payment too, without being a customer of PayPal already. In this case, the customer can register with PayPal as a guest or set up a new PayPal account and then make the payment via PayPal after that.
The supplier will deal with the purchase order as soon as the incoming payment has been booked, in the case that the customer makes a payment by choosing the PayPal system of payment. This procedure is very quick as a rule. However, delays can occur in some cases, which are caused by processing faults or similar malfunctions that depend upon the system that PayPal uses. The supplies does not have any influence on these delays and he is not responsible for them.
Please visit www.paypal.com/de for further information.

Credit card
Payment by credit card represents an easy and convenient means of payment. It saves time, unnecessary paths and the c.o.d. fee. It is not necessary to keep the cash ready for the postman if this type of payment is chosen. The customer notifies the card’s 16 digit number to us, as well as the date of expiry and the institute that issued the card (VISA or Mastercard). Please note while doing so that the customer and the card holder must be identical. We will only make the delivery to the credit card holder.

Invoice
We offer the possibility of buying by invoice in our online shop to our customers who are businessmen for the purposes of Article 14 of the German Civil Code, in addition to the aforementioned types of payment. In the case of buying by invoice, you pay the entire invoiced amount within the period of payment that is given on the invoice after the goods have been despatched. The payment is made by bank transfer to the banking connection that is stated on the invoice. Please do not forget to quote your purchase order number and your customer number as the intended purpose of the bank transfer. We are pointing out expressly that we do not accept either cash or cheques and that we will not accept any liability in the case of loss.

(2) The purchase price becomes due for payment immediately when the contract is concluded. If the due date for payment is determined according to the calendar, then the customer will already fall into arrears when the deadline is missed. He has to pay the supplier interest on the arrears at the rate of 5 percent above the basic rate in this case.

(3) The customer’s obligation to pay the interest on arrears does not exclude the supplier from asserting further damages due to default.


 

Article 8 - Warranty in the case of redhibitory defects and guarantee

(1) The supplier is liable for redhibitory defects according to the legal regulations that apply concerning this matter; especially Article 434 et seq. of the German Civil Code. The liability for compensatory damages is determined solely according to Article 8 of these General Terms and Conditions of Business. The duty of warranty for the products that the supplier delivers as well as for the articles that are used for the delivery is valid for 12 months vis-à-vis a businessman.

(2) An additional guarantee only exists for the goods which the supplier delivered if this guarantee has been expressly given in the confirmation of order about the respective article. The agreed quality of the article does not represent any information about a guarantee that the supplier gives vis-à-vis the customer.


 

Article 9 - Liability

(1) The customer’s claims to compensatory damages are basically excluded, except for the customer’s claims to compensatory damages that arise from injury to life, limb or health, or those which (I) arise from infringing essential contractual duties (cardinal duties), as well as (II) the liability for other damages that are based upon a deliberate or grossly negligent infringement of duty by the supplier, his legal representatives or agents (e.g., sub-contractors). Essential contractual duties (cardinal duties) are those duties which must be fulfilled firstly in order for the contract to be implemented at all and which the customer is allowed to trust will be complied with.

(2) In the case of infringing essential contractual duties (cardinal duties), the supplier is only liable for the contractually typical and foreseeable damages whenever these damages have been caused by simple negligence, unless the matter concerns the customer’s claims for compensatory damages arising from an injury to life, limb or health.

(3) The limitations of Paras. 1 and 2 also apply in favour of the supplier’s legal representatives and agents whenever any claims are made against them directly.

(4) The supplier’s liability according to the regulations of the Product Liability Law remains unaffected.


 

Article 10 - Cancellation policy

Right of cancellation

You have the right to cancel this contract within fourteen days without giving information about the reasons.
The right of cancellation is valid for fourteen days from the day on which you, or a third party who is designated by you and who is not the haulage contractor, have taken possession of the goods.

The following provision applies to the case of a contract for several goods, which the consumer has ordered within the framework of a standardized purchase order and which will be delivered separately: the period of cancellation is fourteen days from the day on which you, or a third party who is designated by you and who is not the haulage contractor, have taken possession of the goods.

The following provision applies to the case of a contract about the delivery of goods in several partial consignments or units: the period of cancellation is fourteen days from the day on which you, or a third party who is designated by you and who is not the haulage contractor, have taken possession of the last partial consignment or the last unit.

You must inform us at:

Blaser GmbH
Address: Ziegelstadel 1, 88316 Isny (Allgäu), Germany
Tel.: +49 (0) 7562 / 702 - 100

Fax: +49 (0) 7562 / 702 - 101
E-Mail: store@blaser.de

by means of making a clear declaration in order to exercise your right of cancellation (e.g., a letter that is sent by post, fax or e-mail) about your decision to cancel this contract. You can utilize the specimen copy of the cancellation form that is enclosed for this purpose but this method is not prescribed.

It suffices for complying with the time limit for cancellation that you send the notification about exercising the right of cancellation before the time limit for cancellation expires.

Consequences of the cancellation

If you cancel this contract, then we have to refund all of the payments that we have received from you, including the costs of delivery (except for the extra costs that arise from you having chosen a type of delivery other than the most economical standard delivery which was offered by us), immediately or fourteen days at the latest from the day on which we received the notification about your cancellation of this contract. We will utilize the same means of payment for this repayment that you have used with the original transaction, unless something else has been agreed with your expressly; you will not be charged because of this repayment in any case. We can refuse to make the repayment until we have received the goods back again or until you have provided the proof that you sent the goods back, according to which is the earlier point in time.

You have to send the goods back or hand them over to:

Blaser GmbH, Despatch Service
Address: Walter-Tron-Straße 21, 97437 Haßfurt, Germany

immediately or in any case within fourteen days at the latest from the day on which you informed us about the cancellation of this contract. The time limit will be complied with if you sent the goods before the time limit of fourteen days expires.

You bear the direct costs of returning the goods. The following provision applies to the case that the goods cannot be sent back normally by post on account of their quality: you bear the direct costs of returning the goods. The costs are estimated to be about € 300 maximum in the case of a return within the Federal Republic of Germany or about € 600 maximum in the case of a return from Austria or Switzerland.

You must only pay for any lost value of the goods if this lost value is attributable to your handling of the goods in a way that was unnecessary for checking their quality, specific characteristics and functionality

 


 

Article 11 - Non-existence or expiry of the right of cancellation

(1) A right of cancellation does not exist in the following contracts.

  1. Contracts for supplying goods that are not prefabricated and for which an individual choice or specification by the consumer is decisive for manufacturing them, or which are clearly tailored to suit the consumer’s personal requirements.
  2. Contracts for supplying goods that can perish quickly or that have a sell-by date (i.e., shelf life) which would be exceeded quickly.
  3. Contracts for supplying alcoholic drinks, the price of which has been agreed when concluding the contract but which can only be delivered 30 days at the earliest after concluding the contract and their current value depends upon market fluctuations on which the businessman does not have any influence.
  4. Contracts for supplying newspapers, magazines or illustrated literature. except for subscription agreements.

(2) An originally existing right of cancellation expires in the case of the respectively stated contracts and subject to the following prerequisites.

  1. Contracts for supplying sealed goods that are unsuitable for return due to protecting health or hygiene, if their seals have been removed after the delivery.
  2. Contracts for supplying goods if these goods have been inseparably mixed with other goods on account of their quality after the delivery.
  3. Contracts for supplying audio or video recordings or computer software in a sealed package, if the seal has been removed after the delivery.


 

Article 12 - Provisions about disposal and batteries

(1) Some of the supplier’s products contain batteries, e.g., for operating articles like lamps, conical signalling beacons, searchlights, etc. Accumulators or batteries are sometimes a fixed part of the products. The supplier is obligated to advise our customers about the following matters in connection with selling or marketing these products, according to Article 18 of the Battery Law

(2) The customer is expressly forbidden to dispose of batteries via the household refuse, according to the Battery Law in connection with the Battery Ordinance. Please dispose of the old batteries that you have acquired from the supplier in a way that is legally prescribed, by taking them to a communal collection point or giving them back non-remuneratively to the shop where you bought them. You can send back non-remuneratively the batteries that you received from the supplier to the following address, or send them back to the supplier by post in a parcel that is adequately stamped and franked.

Blaser GmbH
Address: Ziegelstadel 1, 88316 Isny (Allgäu), Germany

The supplier requests the customer to only send back the batteries or accumulators to the supplier after they have been completely discharged and to ensure that no short circuit can occur with the returned batteries by taking suitable measures, e.g., sticking insulating tape over the poles of the batteries or insulating them in another way.


 

Article 13 - Exclusion of the duty of information vis-à-vis the customer who is not the consumer

If the customer is not the consumer, then the supplier’s duty of information according to Article 312i, Para. 1, Line 1, Nos. 1 to 3 is expressly excluded, according to which the businessman would be obligated to the customer: 1. to provide reasonable, effective and conventional technical means, with the help of which the customer can recognize and correct inputting mistakes before sending off his purchase order; 2. to provide the information that is specified in Article 246c of the Import Law concerning the German Civil Code and must be clearly and intelligibly notified to the customer in good time before sending off his purchase order, 3. to provide confirmation immediately by electronic means when his purchase order is received.


 

Article 14 - Final provisions

(1) The law of the Federal Republic of Germany applies to contracts that are made between the supplier and the customer, subject to excluding the ‘UN Purchase Law’ (The United Nations Convention on Contracts for the International Sale of Goods).

(2) The sole language that is available for concluding the contract is German.

(3) The place of jurisdiction (domicilium disputandi) for settling all disputes that arise from the contractual relationships between the customer and the supplier is the supplier’s head office (i.e., registered office), insofar as the customer is a businessman, a legal entity under public law or a special asset according to public law and insofar as no diverging obligatory place of jurisdiction exists.

(4) The remaining parts of the contract also remain binding in the case that individual points are legally inoperative or invalid. The legal regulations substitute the inoperative or invalid points, insofar as they exist. However, the contract will be inoperative as a whole, insofar as it would be unreasonably hard for a contracting party to fulfil it.
 

 

(Version 18.03.2019)

 


 

Enclosure:


Specimen copy of the cancellation form
(If your want to cancel the contract, then please complete this form and send it back to us)


To Blaser GmbH
Address: Ziegelstadel 1, 88316 Isny (Allgäu), Germany
Fax: +49 (0) 7562 / 702 - 101
E-Mail: store@blaser.de

 

I / We (*) herewith cancel the contract that was concluded by me / us (*) about buying the following goods (*) / providing the following service (*)

 

Ordered on (*) / Received on (*)

 

 

Name of the consumer(s)

 

 

Anschrift des/der Verbraucher(s)

 

 

Signature of the consumer(s) (only in the case that the notification is given on paper)

 

Date

__________

(*) Delete where inapplicable.