§ 1 Provider
NEW STORE - TRIAL RUN NO SALE!
Managing director: NEW SHOP - PROBLE BUY NO SALE!
Commercial register : NEUER SHOP - PROBELAUF KEIN VERKAUF!
VAT identification number : NEUER SHOP - PROBELAUF KEIN VERKAUF!
Contact us: NEUER SHOP - PROBELAUF KEIN VERKAUF! or shop@schützenausstatter.de
§ 2 Conclusion of contract and applicable law
The information contained in the Internet presentation is subject to change.
You can choose between the following languages when ordering: German / English
You can save these terms and conditions as a Microsoft Word document on a data carrier of your choice (e.g. on the hard disk of your computer) by clicking on the "save" button.
After leaving the order level, your order can no longer be retrieved from the provider on the Internet. The provider stores and uses the information transmitted to him in this way to process the desired purchase contract.
The provider will confirm the order immediately if you agree. The confirmation will be sent to the e-mail address provided by you in the order form. As soon as this confirmation is retrievable under the specified e-mail address, the contract is concluded.
The contract is subject to German law. The UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.
General terms and conditions of the purchaser shall not apply.
§ 3 Right of withdrawal for consumers in distance contracts
Distance contracts under the Civil Code (BGB) are contracts in which the entrepreneur (§ 14 BGB), here MusterShop no sale, and the consumer (§ 13 BGB) for the contract negotiations and the conclusion of the contract exclusively means of distance communication (such as telephone calls, fax, letter, e-mail, SMS) are used, unless the contract is not in the context of a distribution or service system organized for distance sales.
§ 3.1 Cancellation policy
In the case of distance contracts, you may revoke your contractual declaration within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods. To exercise your right of withdrawal you must inform us (MusterShop no sale) by means of a clear statement (eg a letter sent by mail, fax or e-mail) of your decision to revoke the contract, unless you have acted in the exercise of your commercial or independent professional activity (orders by entrepreneurs). To comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the expiry of the revocation period.
§ 3.2 Consequences of the revocation
If you revoke the contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. We can refuse the repayment until we have received the delivery back. You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of the return shipment(s) of the goods. You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods. In the event of damage due to improper packaging, we may claim compensation for the loss in value.
§ 3.3 Supplementary consequences of revocation in the case of contracts for the provision of services
If you have requested that the service be commenced during the revocation period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the point in time at which we received notification of your revocation of this contract compared to the total scope of the services provided for in the contract.
§ 3.4 Exclusion of the right of withdrawal for distance contracts
The right of revocation does not apply to contracts:
Contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (such as wires, lines, splicing work, cables, chains, wood blanks, hoses, tapes, plates, individualizations or similar).
contracts for the supply of embroidered or engraved goods
contracts for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded
Contracts for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
Contracts for the delivery of goods if they have been inseparably mixed with other goods after delivery due to their nature
Contracts for the delivery of software in a sealed package, if the seal was removed after delivery.
In the case of a contract for the delivery of digital content not on a physical data carrier, ahead of time if you have expressly agreed that we begin executing the contract before the end of the revocation period and you have confirmed your knowledge that by agreeing to this you lose your right of revocation with the beginning of the execution of the contract
Contracts where the consumer has expressly requested the contractor to visit him in order to carry out urgent repair or maintenance work
Model withdrawal form (not for items affected by the exclusion of the right of withdrawal see § 3.4)
(If you wish to revoke the contract, please complete and return this form).
NEW STORE - TRIAL RUN NO SALE!
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/provision of the following service (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only in case of notification on paper)
(*) Delete as applicable.
// End - Sample cancellation form
§3.5 Right of withdrawal/explanation of withdrawal of third party suppliers
The revocation rights / revocation declarations of the respective dealers apply!
§4 Subject, form and type of delivery
If you notice that the goods are damaged when you receive the shipment, you must immediately complain to the post office or the freight service and have the facts recorded. The facts must be recorded even if the package is undamaged and the damage to the goods or the lack of goods is only discovered when unpacking. We must also be notified of the damage immediately and the record of the facts must be sent to us. Upon receipt of the documentation and return of the damaged goods, you will immediately receive a replacement delivery. Deliveries to packing stations, post offices or post office boxes are generally not possible.
4.1 Delivery of digital downloads
You will receive the contractual software in executable form (object code) together with the documentation released by the supplier for this purpose.
The software has the functionality specified in the documentation. You can view this documentation of the functionality already before the conclusion of the contract in this Internet presentation on the corresponding pages.
The delivery takes place depending upon agreement either by dispatch of a data medium to the ship-to-address indicated by you in the order form, or by transmission of a key for the Download to the ship-to-address indicated in the order form.
A hard copy of the documentation is not supplied. The documentation consists mainly of electronic help.
The installation of the software is not part of the contract.
4.2 Delivery time and reservation
The dates and deadlines stated by us are non-binding unless expressly agreed otherwise in writing. If the ordered product is not available, either because the product is not in stock or because we cannot be supplied with this product by our suppliers through no fault of our own, we reserve the right to withdraw from the contract. If no comparable product is available, or if you do not wish to receive a comparable product, we will immediately refund any payments already made. Further claims are excluded. We deliver while stocks last. We are entitled to partial deliveries, as far as this is reasonable for you. Additional shipping costs are incurred only if expressly agreed.
There is no right to delivery if it is not possible for us to procure this item. Orders which are to be paid in advance will be delivered immediately as soon as your payment has been credited to our account and the goods are in stock.
§ 5 Rights of use for software deliveries
Upon payment of the agreed one-time remuneration, the Provider grants you a non-exclusive, spatially unrestricted right to use the Software in perpetuity.
One "copy" of the software entitles you to use it on a maximum of one (1) output device/workstation at the same time.
If you wish to use the software on more than one output device, the right of use must be extended accordingly. For the extension of the right of use without renewed delivery of the software, the separate price list of the provider for extensions of the right of use shall apply. A subsequent extension of the right of use without renewed delivery shall not trigger a renewed warranty.
Any use beyond the contractually agreed extent, in particular a simultaneous use of the software on more than one output device per purchased software copy is an act in breach of contract. In this case, you are obliged to notify the Provider of the overuse without delay. The parties will then try to reach an agreement on the extension of the rights of use. For the period of overuse, i.e. until the conclusion of such an agreement or the cessation of overuse, you are obliged to pay compensation for overuse in accordance with the Provider's price list. The calculation of the compensation shall be based on a four-year straight-line depreciation. If you do not notify the Provider of the overuse, a contractual penalty in the amount of three times the price of the utilized use in accordance with the Provider's price list shall become due.
You are not entitled to decompile, modify or edit the software beyond the extent provided for by law, i.e. unless this is necessary to create an interface to other software products or to eliminate errors in the software.
Copyright and other property right notices within the software may neither be removed nor changed.
A resale of the software is only permitted per software copy as a whole, i.e., by giving up your own use of the remunerated copy, you are entitled to transfer the right of use to a third party by transferring the software to the third party in accordance with the agreements on use existing between the provider and you. In the event of such a transfer to a third party, you are obliged to hand over to the third party all material relating to the contractual software and to delete the software on data carriers remaining with you.
Rights of Use Download
The purchaser acquires a non-exclusive, non-sublicensable, spatially and temporally unrestricted right of use to the software downloaded by him in return for payment. For the purpose of installation, the buyer may save the software from the download portal to the hard disk or a comparable storage medium of his computer. The use on several computers (PC, laptop, etc.) at the same time is not allowed to the buyer. The buyer is entitled to make a copy for backup purposes. The transfer of both the software and the license key to a third party is only permitted if the buyer completely and permanently deletes all versions of the software in his possession, including any backup copies and the associated license keys. Upon transfer of the Software and the license key to a third party, the Buyer's right to use the Software and the license key shall expire. The statutory provisions shall apply.
§ 6 Prices and illustrations
Please note, errors, price changes and misprints excepted. All prices mentioned are in Euro, including the current legal VAT plus postage or shipping costs. All mentioned data and pictures to the product are manufacturer information and can deviate if necessary. Technical changes and errors excepted. All graphics and trademarks on this page are subject to the rights of their respective owners. We assume no liability for product information. Images may be similar to the actual appearance of the product. They only serve to identify the articles, there is no claim to match. Ordering errors due to ordering without specifying an item number, are the responsibility of the customer. By opening the delivery packaging, the customer accepts our warranty conditions.
§ 7 Remuneration
The prices quoted are inclusive of VAT at the statutory rate.
The provider is entitled to forward the data transmitted to him to the extent necessary for the collection by third parties (see also § 2 No. 5).
Until full payment, the provider reserves the right to the contractual objects. In particular, if the Provider withdraws from the contract, e.g. due to the Customer's default in payment, the Provider shall be entitled to prohibit the further use of the Software and to demand the surrender of all copies or, if surrender is not possible, their deletion. Should a third party gain access to the goods subject to retention of title prior to full payment for the contractual software, you are obliged to inform this third party of the Provider's retention of title and to notify the Provider immediately in writing of the third party's access.
The following methods are available for payment:
Payment by Sofortüberweisung.de. The general terms and conditions and terms of payment of Sofortüberweisung.de apply. To the terms and conditions of Sofortüberweisung.de.
Payment by Paypal. The general terms and conditions and payment conditions of Paypal apply. To the terms and conditions of Paypal.
Payment by direct debit
Payment by credit card.
The buyer can only exercise a right of retention if his counterclaim is based on the same contractual relationship.
§ 8 Defects of quality and title for digital downloads of software
With the software package or the download you receive the software free of material defects or defects of title.
A material defect is given, if the software is not suitable for the use as described in the documentation, which is contained on this Internet presentation and is supplied or is downloadable. The provider continuously checks that no promises are made elsewhere regarding the functionality and features of the software that go beyond the documentation. You can therefore assume that such descriptions of the software that go beyond the documentation do not originate from the provider and are not known to the provider. If such descriptions of the software, in which functions and properties of the software are claimed that are not described in the documentation, come to your knowledge, please inform the provider.
A defect in title is given if the rights required for the contractually intended use are not effectively granted after the software has been handed over.
Claims due to material defects and/or defects of title of the software are regularly subject to a limitation period of two years. If the Provider has fraudulently concealed the material defect, the limitation period for claims based on this defect shall be three years. After the expiry of the limitation period, payment of the remuneration may be refused to the extent that you would be entitled to do so on the basis of a withdrawal or a reduction.
The limitation period begins with the delivery of the software package or, in the case of a download agreement, as soon as you have received the key required for the download.
In order to improve the software and to eliminate errors, the provider asks that you report any defects that occur to the provider immediately after their discovery and, if possible, in writing. In doing so, you should, as far as possible, also state how the defect manifests itself and has an effect, and under what circumstances it occurs.
If defects are reported to the provider during the course of the limitation period, the provider will carry out subsequent performance free of charge.
Within the scope of the supplementary performance, the corrected software will be delivered to you again in the agreed manner. There will be no on-site error analysis and correction on your system. The Provider shall bear the expenses incurred within the scope of the supplementary performance, in particular transport, travel, labor and material costs. You remain responsible for the installation. Within the scope of its obligations in the event of material defects or defects of title, the Provider shall in particular not be responsible for the installation of the software on site. Insofar as a change to the program is made as part of the subsequent performance, the provider will make the necessary adjustments to the documentation free of charge.
After unsuccessful expiry of a deadline set by you for subsequent performance, you may withdraw from the contract or reduce the purchase price and demand damages instead of performance or reimbursement of futile expenses.
Setting a deadline is not necessary if
a) the supplier refuses both types of subsequent performance, even if he is entitled to do so because of the costs incurred, or
b) the subsequent performance is impossible or
c) the subsequent performance is unreasonable for you or
d) the subsequent performance has failed.
Subsequent performance shall be deemed to have failed after the second unsuccessful attempt, unless the nature of the software or the defect or other circumstances indicate otherwise.
You are not entitled to withdraw from the contract if the defect is insignificant. In this case, you may also not claim damages instead of the entire performance.
In the event of withdrawal, any benefits derived shall be compensated. The compensation for use is calculated on the basis of a four-year linear depreciation of the purchase price.
The reduction shall reduce the purchase price by the amount by which the defect reduces the value of the software measured against the purchase price. The value at the time of the conclusion of the contract shall be decisive. The amount is to be determined, if necessary, by estimation. In the event of a reduction, the amount already paid in excess of the reduced purchase price shall be refunded.
If it turns out that a reported problem is not due to a defect of the software, the provider is entitled to charge incurred expenses for analysis and elimination of the problem, if you can be accused of intent or gross negligence.
The warranty obligation does not apply if changes are made to the software without express written permission, or if the software is used in a manner or software environment other than that for which it was intended, unless you can prove that these facts have no connection with the error that occurred.
§ 8.1 Warranty and guarantee for non-software items
The statutory warranty provisions shall apply. Please refer to the product documentation for information on any existing manufacturer warranties. Excluded from the warranty and guarantee are damages caused by natural wear and tear, natural consumption and/or improper handling of the product, in particular due to non-compliance with the manufacturer's operating instructions as well as functional modification or repair attempts by the buyer or unauthorized third parties, as well as insufficient or incorrect care. Any further liability, especially in connection with any consequential damages as well as claims for damages of any kind exceeding the value of the delivered part are excluded. Complaints and discrepancies do not release from the obligation to pay.
§ 9 Limitation of the amount of damages
The provider is liable for damages for any legal reason limited in amount according to this § 8.
The liability of the provider for damages caused by the provider or one of his agents or legal representatives intentionally or grossly negligent is unlimited.
In the case of damages resulting from injury to life, body or health, the liability is also unlimited in the amount of a simple negligent breach of duty by the provider or a legal representative or agent of the provider.
The liability is also unlimited in the amount for damages that are due to serious organizational fault of the provider, as well as for damages caused by the absence of a guaranteed quality.
In the event of a breach of material contractual obligations, the Provider's liability shall be limited to the amount of the foreseeable damage typical for the contract if none of the cases set forth in 8 (2) - 8 (4) applies.
Any further liability for damages is excluded, in particular liability without fault is excluded.
Liability under the Product Liability Act remains unaffected.
If a damage is due both to a fault of the provider and to a fault of the customer, the customer must allow his contributory negligence to be taken into account. The customer is responsible for a regular backup of his data. In the event of a loss of data for which the Provider is responsible, the Provider shall therefore be liable exclusively for the costs of copying the data from the backup copies to be made by the Customer and for restoring the data that would have been lost even if the data had been properly backed up.
§10 Waste material
Old material, which results from a repair, a change or a new installation, goes, as far as nothing different one was agreed upon, without compensation into the property of the Mustershop no sales. Old material is in principle not kept for the customer. Costs for any custody and / or disposal are to be borne by the customer.
We do not sell batteries, rechargeable batteries or other returnable items.
§ 11 Place of Jurisdiction and Applicable Law
The place of jurisdiction for all disputes is Dresden. Place of performance for both parties is Dresden. The law of the Federal Republic of Germany shall apply exclusively. The UN Convention on Contracts for the International Sale of Goods (CISG) and any other intergovernmental agreements shall not apply.
§12 Final provisions
The customer may only offset claims of the provider against undisputed or legally binding claims.
Changes and additions to this contract must be made in writing. This also applies to amendments to these provisions.
Should any provision in these terms and conditions or any provision within the scope of other agreements be or become invalid, this shall not affect the validity of all other provisions or agreements.
The basis for data processing on our WEB-Päsenz is Art. 6 para. 1 lit. f DSGVO, which permits the processing of data for the fulfillment of a contract or pre-contractual measures.
The EU Commission provides a platform for online dispute resolution (OS) at http://ec.europa.eu/consumers/odr/. Consumers can use this platform to resolve disputes. However, we are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.