Terms and Conditions for 8WEAPONS.de

§1 Scope, definitions

(1) The business relationship between us as online shop provider (hereinafter referred to as the "provider") and the customer (hereinafter referred to as the "customer") is exclusively subject to the following general terms and conditions in the version in force at the time the order is placed. Any different customer conditions are not accepted unless the provider expressly agrees in writing. 

(2) These terms apply both to consumers and to entrepreneurs, unless otherwise indicated. The customer is a consumer if the purpose of the order cannot be attributed to its commercial or independent professional activity. By contrast, an entrepreneur is any natural or legal person or unincorporated organisation who, when entering into the contract, is exercising their commercial or independent professional activity. 

§2 Conclusion of the agreement

(1) The customer may select products from the provider's range and use the "Add to basket" button. By clicking "Submit order," the customer is making a binding offer to purchase the goods in the basket. Before submitting the order, the customer can review and change the data at any time. By clicking the "Buy" or "Order" button, the customer makes a binding offer to purchase the goods in the basket. 

The presentation of products in our online shop does not constitute a legally binding offer; it is a non-binding online catalogue of products only. By clicking the "Buy" or "Order" button, the customer makes a binding offer to purchase the goods in the basket. The confirmation of receipt of your order takes place together with the acceptance of the order immediately after by sending an automated email. The purchase order becomes binding once this email confirmation is sent.

§3 Delivery, availability of goods

(1) If any of the selected products are not available at the time you place an order, then the provider will inform you immediately in the order acceptance email. If the product is permanently out of stock, the provider has the right to dissolve the order for this product. He will notify the customer immediately in this case and refund any payments already made by the customer without delay. 

(2) If the product ordered is only temporarily unavailable, the provider will likewise immediately inform you in the order confirmation. For a delivery delay of more than two weeks, you have the right to withdraw from the contract. In this case, the provider is also entitled to withdraw from the contract. In this eventuality, the seller will immediately refund any payments already made. 

(3)The provider is entitled to withdraw, if the customer has an application for commencement of insolvency proceedings over his assets, if  such have been opened against his property or refused to open for lack of assets, as if he has submitted the affidavit in compliance with § 807 ZPO . 

§4 Reservation of proprietary rights

Until full payment has been made, the delivered goods remain the property of the provider.

§5 Prices and shipping costs

(1) All prices are specified on the website of the provider are including the applicable statutory value added tax. 

(2)The corresponding delivery charges are specified in the order form  and shall be borne by the customer. 

(3)The shipment of the goods is carried out at discretion of the provider by post or through a Freight forwarding.

§ 6 Payment terms

(1) You can choose to pay the invoice either via PayPal, Sofortüberweisung, cash on delivery (Germany only), advance payment, credit card, or with Klarna (Germany only). The provider reserves the right to deliver the initial order to new customers only against cash on delivery. In this case he shall notify the customer in the e-mail that contains the acceptance of the contract, with.

(2) Upon purchase invoice of the total amount within 14 days from receipt of the invoice. The customer comes after this aforementioned period in arrears. In this case, he has to pay to the provider a default interest at the rate of 5 percentage points above the base rate since admission to pay the arrears. 

(3) The customer's obligation to pay default interest includes the right of further claims for damages by the provider. 

§7 Warranty for defects

(1) The provider is liable for defects in accordance with the applicable statutory provisions, in particular §§434 ff of the German Civil Code (BGB). Compared to entrepreneurs, the warranty on items supplied by the provider is 12 months. 

(2) The customer has to notify the provider of obvious defects not later than 2 weeks after the detection of the defects.

§ 8 Liability

(1) The customer's claims of compensation for damagesdue to contractual breaches of duties and for offencesare excluded. This excludes customer claims for damages resulting from injury to life, limb, health or from the breach of essential obligations (cardinal obligations), as well as liability for other damages caused by an intentional or grossly negligent breach of duty by the provider, their legal representatives or agents. Essential contractual obligations are those the fulfilment of which is necessary to achieve the objective of the agreement. 

(2) In case of breach of essential obligations, we are only liable for typical, foreseeable damages if these were caused by simple negligence, unless the customer's claim is for damages resulting from injury to life, body, or health. 

(3) The restrictions of para. 1 and 2 also apply to our legal representatives and vicarious agents if claims are made directly against them. 

(4) The regulations of the Product Liability Act (Produkthaftungsgesetz) shall remain unaffected.

§ 9 Cancellation Policy

You have the right to withdraw from this contract within 60 days without giving a reason. The cancellation period is 60 days from the date on which you or a third party named by you, who is not the carrier, has taken possession of the goods. To exercise your right of withdrawal, you must contact us,

8 WEAPONS UG
Robert-Gerwig-Straße 18/2
78244 Gottmadingen
Germany

Tel: (+49)7731 8387 101/p>

Email: service@8weapons.de

by means of a clear statement (e.g. a letter sent by post or email) about your decision to withdraw from this contract. You can use the attached sample cancellation form, which does not have to be used. If you use this option, we will promptly send you (e.g. by email) a confirmation concerning the receipt of such a cancellation. To uphold the cancellation period, it is sufficient for you to send the notification to exercise your right of cancellation before the expiry of the cancellation period.

Alternative dispute resolution

Alternative dispute resolution pursuant to Art. 14 para. 1 ODR-VO and §36 VSBG: the European Commission provides a platform for online dispute resolutions at http://ec.europa.eu/consumers/odr/. Consumers have the opportunity to use this platform to resolve their disputes. We are basically prepared to participate in an out-of-court dispute resolution.

Consequences of the cancellation

If you choose to withdraw from this contract, we shall refund all payments we have received from you without delay, including shipping costs (except for additional costs arising in the event of selecting a method of shipping different from the most cost-efficient standard delivery offered by us), no later than fourteen days from the date on which we have received the notice of withdrawal from this contract. The refund shall be issued to the same payment method that you provided for the original transaction, unless otherwise explicitly agreed with you; under no circumstances will you be charged fees to process this refund. We may withhold the money for refund until the items have been returned to us, or until you have provided evidence that you have shipped the goods, whichever is earlier.

You must send back or hand over the goods to us without delay, no later than fourteen days from the day on which you notified us about withdrawing from this contract. The deadline will be deemed to have been observed if you send the items before the fourteen-day deadline has expired. We bear the costs for domestic returns from within Germany. The customer is obliged to compensate any loss of value of the goods that may arise from improper handling of the goods that was not required for purposes of inspecting their condition, properties, and functioning.

End of cancellation policy

§ 10 Klarna Purchase Orders

(1) Payment by invoice and financing
In cooperation with Klarna AB, Sveavägen 46, 111 34 Stockholm, Sweden, we offer the purchase invoice and hire - purchase as a payment option.
Please note that Klarna invoice and Klarna hire - purchase are available only for consumers and that the payment of each has to be done at Klarna.

(2) Klarna Invoice
Payment is due within 14 days from date of invoice. The invoice is issued when delivering the goods and sent either by e-mail or together with the goods. The full Terms and Conditions for purchase on account, see here.

(3)  Klarna instalment payments
By financing service from Klarna You can pay your purchase flexible in monthly instalments of at least 1/24 of the total amount (but not less than 6.95 €). More information about the Klarna hire purchase including the general terms and conditions and the European standard for consumer credit information, see here.

(4) Privacy Notice
Klarna reviews and evaluates data information and maintains the information on due interest and occasion to exchange data with other companies  and Credit reference agencies. Your personal information will be processed in compliance with the applicable data protection regulations and as specified in Klarna Privacy Policy .

 

§ 11 Final Provisions 

(1) The laws of the Federal Republic of Germany applies to the contracts between the provider and the customer.

 

§ 12 Newsletter agreement

(1) By concluding the contract, you agree that we will present you with offers and products in our newsletter at regular intervals. You can object to this use at any time.

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