General Terms and Conditions

Notes on dispute resolution:
The EU Commission’s Online Dispute Resolution platform can be found at: http://ec.europa.eu/consumers/odr/

Our e-mail address is info@begadi.com

We are unwilling and under no obligation to participate in dispute resolution proceedings before a consumer arbitration board.

Sec. 1 Scope of application, subject matter, and formation of individual contracts

1. The following terms and conditions conclusively govern the contractual relationship between Begadi GmbH (represented by its managing directors Benjamin Digeser und Gabriel Digeser, Dietingerstrasse 23, 78661 Böhringen), hereinafter referred to as the “Seller”, and the customer.

2. These General Terms and Conditions (GTCs) shall govern exclusively. Customer terms conflicting with or departing from these General Terms and Conditions are not acknowledged unless they have been expressly agreed to in individual cases by the Seller.

3. These GTCs are applicable both to consumers and to businesses. A “consumer” within the meaning of these GTCs is any natural person placing an order that cannot be attributed to his or her commercial or independent professional activity. A “business” within the meaning of these GTCs is any natural or legal person or partnership with legal personality placing an order in the exercise of their commercial or independent professional activity.

4. The subject matter of the individual contract is the sale of goods by the Seller to the customer.

5. Offers made on the Seller’s website constitute binding offers to conclude a purchase contract. An effective purchase contract between the parties is formed at the end of the order process once the buyer clicks on “zahlungspflichtig bestellen“ [confirm payment]. Where goods are subject to an age requirement, purchase contracts are only formed on condition that the customer meets the age requirement and provides corresponding proof of age.

6. For weapons orders, the formation of a purchase contract is contingent upon the provision of a corresponding proof of age.

7. The text of the contract and the General Terms and Conditions will be sent to the customer by e-mail following the customer’s placement of the order. Customers with a customer account can access their individual orders at any time after completion via their account.

8. The contract is formed solely in German. Where the customer is a business, German law shall govern.

9. All prices are quoted as gross prices in Euros.

Sec. 2 Performance of the purchase contract, shipping costs

1. The shipping costs are borne by the customer from the Seller’s place of business, and are determined by the schedule of shipping costs in effect at the time of the order, which may be found at
http://www.begadishop.de/catalog/shipping.php.

2. The purchase price is due for payment immediately upon conclusion of the purchase contract. The customer has a choice of various payment methods. The Seller reserves the right to exclude certain payment methods for shipments to foreign countries, for initial orders or for other reasons.

3. In case of return debits and refusal to accept COD shipments, such additional costs will be charged to the customer.

5. The Seller is entitled to cancel the contract if, despite his or her previous conclusion of a relevant purchase contract, he/she does not receive the item of goods; the responsibility of the Seller for intentional acts or negligence shall remain unaffected hereby. In such case the Seller shall inform the buyer immediately as to the unavailability of the item and reimburse him/her for any payments already made. The Seller reserves the right in such case to offer an item of an equivalent price and quality, with the aim of concluding a new purchase contract for the item of equivalent price and quality.

6. By acknowledging the General Terms and Conditions, the customer confirms that he/she is 18 years of age or more and is therefore legally competent, or where the customer is below 18 years of age, that he/she is at least 7 and has obtained the consent of his/her legal guardian prior to placing the order. The Seller advises that claims will be made against customers for any losses incurred by the Seller due to a customer’s misrepresentation of age or address or joke orders.

7. The customer shall inspect the goods ordered immediately after delivery, wherever the contract constitutes a bilateral commercial transaction [beiderseitiges Handelsgeschäft] within the meaning of the German Commercial Code. The foregoing applies particularly with regard to the completeness of the goods and their working condition. The buyer must notify the Seller immediately of any defects detected or ascertainable without further action, and must forward a detailed description of the defect. Where the buyer fails to give such notification, the goods will be deemed to be approved, unless the defect could not have been detected by the inspection.

8. Where the contract is a bilateral commercial transaction, defects which cannot be ascertained by means of such proper inspection as is referred to in paragraph 7 must be communicated to the Seller immediately upon their discovery; otherwise the goods shall be deemed approved, notwithstanding such defects.

Sec. 3 Warranty and liability

1. The Seller shall be generally liable for material defects pursuant to the statutory provisions of the law governing the sale of goods (secs 434 ff. of the German Civil Code [BGB]) and – where the customer is a consumer – of the law governing the sale of consumer goods (secs 474 ff. of the BGB), unless otherwise stipulated in these GTCs.

2. Where the customer is a business, for new goods the warranty period in respect of rights under sec 437 (1) and (3) BGB shall be one year from the statutory inception of the limitations period, in derogation from sec. 438 (1)(3). For consumers the statutory warranty period of 2 years applies, pursuant to sec. 438 (1)(3) BGB.

3. The Seller disclaims any warranty for used goods where the customer is a business. For consumers the warranty period for used goods in respect of rights under sec. 437 (1) and (3) BGB is reduced to one year from the statutory inception of the limitation period, in derogation from sec. 438 (1)(3) BGB.

4. The Seller hereby generally disclaims liability for damages caused by slight negligence.

5. The limitations of liability pursuant to the aforementioned subsections 2, 3 und 4 shall not apply to damages resulting from injury to life, limb or health, fraudulent concealment of defects, claims under the Product Liability Act, cases of intent or gross negligence, or breach of duties which are a sine qua non to the proper performance of the contract and upon the performance of which the customer may ordinarily rely.

Sec. 4 Reservation of title, transfer of risk, and default

1. Goods delivered shall remain the property of the Seller until full payment is received.

2. Where the customer is a business, in the case of dispatched goods the risk of loss passes to the customer upon handover of the goods to the forwarding company. In the case of consumers, the risk passes only upon delivery of the goods to the customer.

3. Customers who are not consumers shall be deemed in default if they do not pay within 30 days following the due date. Consumers shall also be deemed in default within 30 days following the due date if, in the invoice or request for payment, they have been informed of these consequences of a failure to pay within such period.

Sec. 5 Final provisions

1. Where the customer is not a consumer, the present General Terms and Conditions and individual purchase contracts shall be governed solely be German law; the United Nations CISG shall not apply.

2. Where the parties are registered traders, with respect to all disputes arising from or in connection with the present contract, jurisdiction and venue shall be vested in the court at the location of the Seller’s registered office.

3. Should one or more clauses of these GTCs be found invalid in whole or in part, the validity of the remaining sections of these GTCs shall not be affected thereby.

Version of 18.01.2017