General Terms and Conditions
Table of Contents
1. Scope
2. Ordering and Conclusion of Contract
3. Right of Withdrawal
4. Retention of Title
5. Warranty
6. Liability
7. Data Protection
8. Prices and Payment
9. Delivery Time
10. Shipping, Insurance and Transfer of Risk
11. Storage and Retrieval of the Contract Text
12. Applicable Law, Place of Jurisdiction and Final Provision
1. Scope
1.1. All contracts concluded via the online shop tactical.art (hereinafter referred to as “Online Shop”) between us, TacticalArt / Karsten Möbius, Käthe-Kollwitz-Weg 73, 89081 Ulm, Telephone: +49 (0)731 / 14390039, Email: [email protected] (hereinafter referred to as “we” or “TacticalArt”), and you (hereinafter also referred to as “Customer”) are subject exclusively to the following general terms and conditions (“GTC”).
1.2. The customer agrees to the validity of these GTC when registering for the online shop, but at the latest when ordering goods via the online shop.
1.3. The range of goods in our online shop is aimed equally at consumers and entrepreneurs. For the purposes of these GTC, (I) a “consumer” is any natural person who concludes the contract for purposes that are predominantly neither commercial nor their independent professional activity (§ 13 BGB) and (II) an “entrepreneur” is a natural or legal person or a legal partnership who, when concluding the contract, is exercising their commercial or independent professional activity (§ 14 Para. 1 BGB).
2. Ordering and Conclusion of Contract
The product offers in our online shop represent a non-binding invitation to order goods from TacticalArt in a binding manner. By ordering the goods by clicking on a button such as “Buy” or “Order with obligation to pay” in the online shop, the customer makes a binding offer to purchase the goods in the shopping cart. TacticalArt will immediately confirm receipt of this order from the customer by email. This automatically generated confirmation of receipt does not constitute acceptance of the offer. The contract with TacticalArt is only concluded through the separate order confirmation from TacticalArt by email or through delivery of the goods. (Acceptance); TacticalArt will inform the customer about the acceptance of the offer in any case within 5 working days; after this period, the customer is no longer bound by their offer. Ordering and delivery are only possible within the Federal Republic of Germany, unless we have agreed otherwise with the customer in writing.
3. Right of Withdrawal
3.1. Instructions for withdrawal
If the customer is a consumer, they are entitled to withdraw from the contract in accordance with the following instructions for withdrawal:
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day
a) on which you or a third party named by you, who is not the carrier, has taken possession of the goods, if you have ordered a product or several products as part of a single order and the product or products are delivered uniformly;
or
b) on which you or a third party named by you, who is not the carrier, has taken possession of the last product, if you have ordered several products as part of a single order and the products are delivered separately;
or
c) on which you or a third party named by you, who is not the carrier, has taken possession of the last partial shipment or the last piece, if you have ordered a product that is delivered in several partial shipments or pieces.
If several of the above alternatives exist, the withdrawal period begins only on the day on which you or a third party named by you, who is not the carrier, took possession of the last product or the last partial shipment or the last piece.
To exercise your right of withdrawal, you must inform us (TacticalArt, Käthe-Kollwitz-Weg 73, 89081 Ulm, Telephone: +49 (0)731 / 14390039, Email: [email protected]) by means of a clear statement (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. You can use the attached sample withdrawal form for this purpose, but it is not mandatory.
You can also fill out and submit the sample withdrawal form or another clear statement electronically on our website withdrawal form. If you make use of this option, we will send you a confirmation of receipt of such a withdrawal immediately (e.g. by email).
To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of withdrawal
If you withdraw from this contract, we must repay you all payments that we have received from you, including delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; in no case will you be charged fees for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us (TacticalArt, Käthe-Kollwitz-Weg 73, 89081 Ulm) immediately and in any case no later than fourteen days from the day on which you inform us of the withdrawal from this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You bear the direct costs of returning the goods.
3.2. Exclusion of the right of withdrawal
The right of withdrawal does not exist for contracts
– for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
– for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded;
3.3. Expiry of the right of withdrawal
The right of withdrawal expires prematurely for contracts
– for the delivery of goods if, after delivery, they have been inseparably mixed with other goods due to their nature;
– for the delivery of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery.
4. Retention of Title
The goods delivered to the customer remain the property of TacticalArt until full payment has been received (“Reserved Goods”). You may not sell or pledge these Reserved Goods to third parties and must treat them properly and with care. The customer must notify us immediately after becoming aware of any access by third parties to the Reserved Goods. The customer is liable for all costs incurred for the removal of such access, in particular through the filing of a third-party objection, insofar as the reimbursement of the costs cannot be obtained from the third party concerned.
5. Warranty
5.1. There is a statutory warranty right for defects for the purchased goods.
5.2. If the delivered goods are defective and the customer is an entrepreneur, we can choose between remedying the defect or delivering a defect-free item. Our choice can only be made by notification in text form (also by fax or email) to the customer within three working days after notification of the defect.
5.3. If the customer is a consumer, their claims due to defects in the goods expire in accordance with the statutory provisions. If the customer is an entrepreneur, the limitation period for claims of the customer due to defects in new goods as well as in used goods is twelve months from delivery of the defective goods. Deviating from this, the statutory limitation provisions apply insofar as TacticalArt is guilty of fraudulent intent, intent or gross negligence in view of the defect.
5.4. The following applies only to entrepreneurs: The customer must carefully examine the goods immediately after shipment. The delivered goods are deemed to have been approved by the customer if a defect is not reported to us (1.) in the case of obvious defects within five working days of delivery or otherwise (2.) within five working days of discovery of the defect.
6. Liability
6.1. TacticalArt is liable without limitation
– in case of intent or gross negligence,
– for injury to life, limb or health,
– according to the provisions of the Product Liability Act as well as
– to the extent of a guarantee assumed by TacticalArt.
6.2. Notwithstanding the provision in clause 6.1, TacticalArt is only liable for negligence in the event of a breach of essential contractual obligations, i.e. the breach of obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the customer may regularly rely (“Cardinal Obligation”). In the event of a slightly negligent breach of a cardinal obligation, the liability of TacticalArt is limited to such typical damages and/or such a typical scope of damage that were foreseeable at the time of conclusion of the contract.
6.3. The above limitations of liability also apply in the event of fault on the part of an auxiliary person of TacticalArt as well as for the personal liability of the employees and representatives of TacticalArt.
6.4. The limitation period for claims for damages of the customer is measured in the cases mentioned under clause 6.1 according to the statutory provisions. The limitation period with regard to other claims for damages of the customer is one year. It begins with the end of the year in which the claims arose and the customer gained knowledge of the circumstances giving rise to the claim and the person of the debtor or did not gain knowledge due to gross negligence; however, claims expire in these cases at the latest in five years from their origin and ten years from the commission of the act, the breach of duty or other event causing the damage.
7. Data Protection
Insofar as personal data of the customer is collected within the scope of the conclusion and execution of the contract with the customer, TacticalArt will observe the applicable data protection regulations, in particular the Federal Data Protection Act (“BDSG”), when processing and using them. Further information on the handling of customer data can be found in the data protection provisions of TacticalArt under Data Protection.
8. Prices and Payment
8.1. Unless expressly agreed otherwise in individual cases, all deliveries from TacticalArt are based on the prices stated in the online shop on the day of the order. Our prices include statutory sales tax. In addition, there are the shipping costs stated in the order. Customs duties and similar charges shall be borne by the customer.
8.2. We deliver against PayPal, instant transfer, prepayment and against invoice for existing customers.
8.3. The customer is not entitled to any right of set-off or retention unless the counterclaim is undisputed or legally established.
9. Delivery Time
9.1. We will deliver the goods to the customer within the delivery time stated on the respective offer page. If no delivery time is stated on the offer page, goods marked as “in stock” will be delivered within ten working days, and all other goods within four weeks.
9.2. The delivery time according to clause 9.1 begins on the day of our acceptance of the receipt of payment (i.e. on the day the purchase contract is concluded).
9.3. If the customer is an entrepreneur, the following also applies: In the event that our supplier does not deliver goods that were marked as “not in stock” on the offer page in the online shop at the time of the order by the customer to us in time, the delivery time otherwise relevant according to clause 9.1 is extended by the duration of the delivery by our supplier plus two working days, but at most by a period of three weeks. A prerequisite for this extension of the deadline is that we have reordered the goods immediately and are not responsible for the delay in delivery by our supplier.
9.4. If the goods are not available or not available in time, for example because one of our suppliers does not deliver the goods in time, we will inform the customer immediately. If the goods are not available from our suppliers in the foreseeable future, we are entitled to withdraw from the purchase contract. In the event of withdrawal, we will immediately reimburse the customer for payments made to us. The customer’s statutory rights due to delay in delivery are not affected by the above provision, whereby the customer can only demand damages in accordance with clause 6 of these GTC.
10. Shipping, Insurance and Transfer of Risk
10.1. Unless expressly agreed otherwise, we determine the appropriate shipping method and the transport company at our reasonable discretion.
10.2. We are entitled to make partial deliveries of goods covered in one order that can be used separately, whereby we bear the additional shipping costs caused thereby.
10.3. Large and bulky goods are delivered by a forwarding agency. The forwarding agency delivers the goods only to the first step or to the first lockable door at the delivery address of the customer.
10.4. If the customer is an entrepreneur, we only owe the timely, proper delivery of the goods to the transport company and are not responsible for delays caused by the transport company.
10.5. If the customer is a consumer, the risk of accidental loss, accidental damage or accidental loss of the delivered goods passes to the customer at the time when the goods are delivered to the customer or the customer is in default of acceptance. In all other cases, the risk passes to the customer upon delivery of the goods to the transport company.
10.6. We will insure the goods against the usual transport risks at our expense.
11. Storage and Retrieval of the Contract Text
The contract text is available to the customer when ordering and will be sent to the customer by email if we accept the order. With the exception of the current GTC, the individual contract texts are not available in the online shop after conclusion of the contract.
12. Applicable Law, Place of Jurisdiction and Final Provision
12.1. The purchase contract existing between us and the customer as well as all claims and rights arising therefrom and related thereto are subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods, subject to mandatory provisions of international private law.
12.2. If the customer is a merchant within the meaning of § 1 Para. 1 of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the courts in Ulm have exclusive jurisdiction for all disputes arising out of or in connection with the relevant contractual relationship. In all other cases, we or the customer may bring an action before any court having jurisdiction under statutory provisions.
12.3. Should a provision of these GTC be or become invalid or contain an inadmissible provision regarding time limits or a loophole, the legal validity of the remaining provisions shall remain unaffected thereby. Insofar as the invalidity does not result from a violation of §§ 305 ff. BGB (Validity of General Terms and Conditions), a valid provision that comes economically closest to what the contracting parties intended shall be deemed to have been agreed in place of the invalid provision. The same applies in the event of a loophole. In the case of an inadmissible period, the legally permissible measure applies.