Terms and Conditions and Right of Withdrawal

General Terms and Conditions and Consumer Information

§ 1 Basic Provisions

(1) The following terms and conditions apply to all contracts between German Tactical GT GmbH, Germany - hereinafter referred to as the "Provider" - and the customer, which are concluded via the Provider's website at www.starshooter.de. Unless otherwise agreed, the inclusion of the customer's own terms and conditions is hereby objected to.

(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or self-employed professional activity. An entrepreneur is any natural or legal person or a legally capable partnership that, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

(3) The contract language is German. The complete contract text is not stored by the provider. Before sending the order, the contract data can be printed or saved electronically using the browser's print function. After the order is received by the provider, the order data, the legally required information for distance contracts, and the General Terms and Conditions will be sent to the customer again by email.

In the case of offer inquiries, which are sent to the provider via fax, the customer receives all contractual data as part of a binding offer via email, which the customer can print out or save electronically.

§ 2 Vertragsgegenstand

The subject of the contract is the sale of goods. The details, particularly the essential characteristics of the goods, can be found in the product description and the additional information on the provider's website.

§ 3 Zustandekommen des Vertrages

(1) The provider's product representations on the internet are non-binding and not a binding offer to conclude a contract.

(2) Customer inquiries for individual offer creation, which are sent to the provider via fax for example, are non-binding for the customer. The provider submits a binding offer to the customer in text form (e.g. via email), which the customer can accept within 5 days.

(3) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is done via email, partly automatically. Therefore, the customer must ensure that the email address provided to the seller is correct, that the receipt of emails is technically ensured and, in particular, is not prevented by SPAM filters.

§ 4 Preise, Versandkosten

(1) The prices listed in the respective offers, as well as the shipping costs, represent final prices. They include all price components, including all applicable taxes.

(2) The shipping costs incurred will be communicated as part of the individual offer.

(3) The customer receives an invoice with VAT included.

§ 5 Payment and Shipping Terms

(1) The payment and shipping terms will be communicated as part of the individual offer.

(2) Unless otherwise specified for the individual payment methods, the payment claims from the concluded contract are due for immediate payment.

(3) Should a product ordered by the customer be unavailable, despite the timely conclusion of an adequate hedging transaction for reasons not attributable to the provider, the customer will be informed immediately of the unavailability and, in the event of withdrawal, any payments already made will be refunded immediately.

(4) For consumers, it is legally regulated that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to the customer upon delivery of the goods, regardless of whether the shipment is insured or uninsured.

§ 6 Return costs when exercising the right of withdrawal

In the event of the exercise of the statutory right of withdrawal applicable to consumers in distance contracts, it is agreed that the customer shall bear the regular costs of return, unless the delivered goods do not correspond to the order.

(1) The customer may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.

(2) The goods remain the property of the seller until the purchase price is paid in full.

§ 8 Gewährleistung

(1) The statutory regulations apply.

(2) As a consumer, the customer is requested to check the goods for completeness, obvious defects and transport damage immediately upon delivery and to notify the provider and the carrier of any complaints as soon as possible. If the customer fails to do so, this shall not affect the statutory warranty claims.

(3) Bei gebrauchten Sachen beträgt die Gewährleistungsfrist abweichend von der gesetzlichen Regelung ein Jahr ab Ablieferung der Ware. Die einjährige Gewährleistungsfrist gilt nicht für dem Anbieter zurechenbare schuldhaft verursachte Schäden aus der Verletzung des Lebens, des Körpers oder der Gesundheit und grob fahrlässig oder vorsätzlich verursachte Schäden bzw. Arglist des Anbieters, sowie bei Rückgriffsansprüchen gemäß §§ 478, 479 BGB.

§ 9 Haftung

(1) The provider is fully liable for damages resulting from injury to life, body or health, in all cases of intent and gross negligence, in cases of fraudulent concealment of a defect, in cases of warranty for the quality of the purchased item, for damages under the Product Liability Act and in all other legally regulated cases.

(2) Insofar as essential contractual obligations are affected, the provider's liability in the case of slight negligence is limited to the contract-typical, foreseeable damage. Essential contractual obligations are essential obligations arising from the nature of the contract, the breach of which would jeopardize the achievement of the contract's purpose, as well as obligations that the contract imposes on the provider according to its content to achieve the contract's purpose, the fulfillment of which makes the proper execution of the contract possible at all and on whose compliance the customer may regularly rely.

(3) In the event of a breach of insignificant contractual obligations, liability for slightly negligent breaches of duty is excluded.

(4) Data communication via the internet cannot be guaranteed to be error-free and/or available at all times according to the current state of the art. The provider is therefore neither liable for the constant nor uninterrupted availability of the website and the services offered there.

§ 10 Rechtswahl, Erfüllungsort, Gerichtsstand

(1) German law applies, excluding UN Sales Law. For consumers, this choice of law only applies insofar as it does not withdraw the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence (favor of principle).

(2) The place of performance for all services from the business relationships with the provider, as well as the place of jurisdiction, is the provider's registered office, unless the customer is not a consumer but a merchant, a legal entity under public law, or a special fund under public law. The same applies if the customer does not have a general place of jurisdiction in Germany or the EU, or if the residence or habitual residence is not known at the time the action is filed. The right to also call a court at another statutory place of jurisdiction remains unaffected.

§ 11 Jugendschutz

(1) When selling goods that are required by the regulations of the Youth Protection Act, the seller will only enter into contractual relationships with adult customers.

(2) By submitting his order, the customer warrants that he is at least 18 years of age and that his details regarding his name and address are correct. He is obligated to ensure that only he himself or fully adult persons authorized by him to receive the delivery will take receipt of the goods. The provider instructs the logistics service provider entrusted with the delivery to hand over the delivery only to persons over 18 years of age and, in case of doubt, to request the ID card of the person receiving the goods for age verification.

(3) Unless the orders are placed by persons who have reached the age of majority, the seller hereby revokes the contract in advance in accordance with § 109 BGB. The legally responsible adults who are responsible for minors who have placed orders under false information are liable to the seller for all damages arising from orders placed under false information in accordance with the statutory provisions.

§ 12 Sale of Weapons

(1) Beim Verkauf von Ware, welche vom Waffengesetz erfasst ist, geht der Anbieter grundsätzlich nur Vertragsbeziehungen mit volljährigen Kunden ein. Bei Ware, die in der Anlage 2 des WaffG aufgeführt ist, wird zusätzlich eine Waffenberechtigung des Kunden verlangt.

(2) By submitting his order, the customer warrants that he is at least 18 years of age and that his details regarding his name and address are correct. He is obligated to ensure that only he himself or fully adult persons authorized by him to receive the delivery take possession of the goods. The provider instructs the logistics service provider entrusted with the delivery to hand over the delivery only to persons over 18 years of age.
Hints on battery disposal

In connection with the sale of batteries or the delivery of devices containing batteries, the seller is required to inform the customer of the following:
The customer is legally obligated to return used batteries as an end user. He can return old batteries that the provider offers or has offered as new batteries at the provider's shipping warehouse (shipping address) free of charge. The symbols depicted on the batteries have the following meaning:
The crossed-out waste bin symbol means that the battery must not be disposed of in household waste.
Pb = Battery contains more than 0.004 percent by mass of lead
Cd = Battery contains more than 0.002 percent by mass of cadmium
Hg = Battery contains more than 0.0005 mass percent mercury.