General Terms and Conditions

General Terms and Conditions

between

J. P. Sauer & Sohn GmbH, Ziegelstadel 20, 88316 Isny im Allgäu, represented by its managing directors Dipl. Kaufmann Michael Lüke, Matthias Klotz – hereinafter referred to as ‘Seller’ -

and

any legal entity or natural person making or concluding contracts as a consumer or businessman on the www.shop.sauer.de platform – hereinafter referred to as ‘Customer’ -

Article 1 Scope, definition of terms

(1) The following General Terms and Conditions, in the version valid at the time of placement of the order, shall be applicable to the business relations between the Seller and the Customer. Terms and conditions of the Customer that conflict with or deviate from these GTC shall not be recognized by the Seller, unless the Seller has issued its express written consent to their application.

(2) The Customer is a consumer, insofar as the purpose of the ordered goods and services cannot be ascribed to his commercial or independent professional activity (Article 13 of the German Civil Code). On the other hand, a businessman is any natural person, legal entity, or partnership with legal capacity which exercises its commercial or independent professional activity when concluding the contract (Article 14 of the German Civil Code).

Article 2 Conclusion of the contract

(1) The Customer can choose various products from the Seller’s range, in particular merchandising products and hunting equipment, (hereinafter referred to collectively as ‘products’) and can select these products using the ‘Shopping basket’ button. The Customer places a binding order for purchase of the goods in the shopping basket by clicking the ‘Order’ button. The Customer can alter and/or view the data at any time before submitting the order. However, before the order can be placed and submitted, the Customer must accept these contractual conditions by ticking the box ‘Accept GTC’. This adopts the conditions as an integral part of the order. Before ticking the box, the GTC can be accessed via a hyperlink; they can also be stored as a pdf file and/or printed out. The same applies to the information about a possible right of withdrawal.

(2) The Seller then sends an automatic acknowledgement of order by email to the Customer. The email contains the details of the order which the Customer can print out by clicking on a ‘Print’ button. The automatic order acknowledgement (referred to as ‘order acknowledgement’) merely documents that the Customer’s order has been received by the Seller; it does not constitute an acceptance of the order by the Seller. The contract is not concluded until the Seller expressly accepts the order (referred to as ‘order acceptance’). The order acceptance is sent in a separate email at the latest one day after the order acknowledgement. If an availability date for the product is stated on the website, the Seller sends an order acceptance to the Customer at the latest one day after the stated availability date.

(3) Prior to issuing the declaration of contract, the Customer has the option of identifying and correcting any input errors. Personal data can be edited via the ‘Change order’ button on the ‘Check and order’ page before concluding the contract. There are also buttons for altering the number of articles and deleting articles.

Article 3 Delivery region, delivery times

(1) Deliveries are only possible to the delivery addresses in: Albania, Andorra, Austria, Belgium, Bulgaria, Corsica, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Faroe Islands, Finland, France, Georgia, Germany, Gibraltar, Great Britain, Greece, Greenland, Guernsey, Hungary, Iceland, Ireland, Italy, Jersey, Kazakhstan, Kosovo, Latvia, Liechtenstein, Lithuania, Luxembourg, Macedonia, Malta, Monaco, Montenegro, Netherlands, Northern Ireland, Norway, Poland, Portugal, Romania, Russian Federation, San Marino, Serbia, Slovak Republic, Spain, Sweden, Switzerland, Turkey, Vatican City.

(2) The delivery times quoted by us are calculated from the time our order confirmation is sent. These delivery times are quoted on the website of the online shop for each article.

Article 4 Retention of title

All goods delivered by the Seller remain the property of the Seller until complete payment of the sales price by the Customer.

Article 5 Prices and shipping costs

(1) All prices quoted on the Seller’s website include the applicable statutory value added tax.

(2) The Seller charges a one-off shipping fee for each purchase order in €, as follows:

€ 6.95 to Germany

€ 8.75 to Austria, Belgium, Corsica, Denmark, Faroe Islands, France, Great Britain, Greenland, Guernsey, Jersey, Monaco, Netherlands, Northern Ireland

€ 9.60 to Andorra, Czech Republic, Finland, Greece, Hungary, Ireland, Italy, Liechtenstein, Luxembourg, Poland, Portugal, San Marino, Slovak Republic, Spain, Sweden, Switzerland, Vatican City

€ 24.40 to Albania, Bulgaria, Croatia, Cyprus, Estonia, Georgia, Gibraltar, Iceland, Kazakhstan, Kosovo, Latvia, Lithuania, Macedonia, Malta, Montenegro, Norway, Romania, Russian Federation, Serbia, Turkey

The corresponding shipping charges are permanently displayed on the website before the ordering process begins, and are also quoted on the order form. The Customer is obliged pay these charges insofar as he does not exercise his right of withdrawal. The Seller delivers orders valued over € 100 free of shipping costs within Germany.

(3) The goods are dispatched by post. The Seller bears the shipping risk if the Customer is a consumer. The Seller's prices apply ‘ex-works’ from the Supplier’s place of business if the Customer is a company (Incoterms 2010).

(4) Products that cannot be sent by regular post on account of their size or weight (e.g. weapons cabinets) are shipped by haulage contractor. The following fixed-rate shipping rates apply per consignment in such cases:

€ 300 for delivery by haulage contractor within Germany

€ 600 for delivery by haulage contractor to Austria or Switzerland

Article 6 Minimum order value

A minimum order value of € 20.00 applies to the products offered on our online portal for consumers. The Seller will not deliver goods below this minimum order value to the Customer.

 

Article 7 Payment methods

(1) The Customer can choose between the following methods of payment: cash in advance, payment by PayPal, or payment by credit card. If the Customer is a company, there is the additional option of invoicing. The payment options are outlined below.

Cash in advance

The Customer first receives an order acknowledgement as described above in Article 2 (2). PLEASE DO NOT PAY CASH IN ADVANCE ON THE BASIS OF THE ORDER ACKNOWLEDGEMENT! The Seller will process the order as quickly as possible. The Seller will then send a corresponding order confirmation to the Customer by email, which includes the Seller’s bank details, the total amount and the intended purpose. PLEASE DO NOT MAKE ANY ADVANCE CASH PAYMENTS TO THE SELLER UNTIL YOU HAVE RECEIVED THIS ORDER CONFIRMATION AND THE BANK DETAILS. In the case of orders placed on the basis of cash in advance payment, the Seller will not deliver the goods to the Customer until the payment has been received in full. The Seller does not reserve products before payment is received. If the ordered products have sold out in the meantime, the Seller will inform the Customer immediately and refund the payment.

PayPal

Please note: There is a € 600 limit on purchases processed by PayPal, unless an agreement has been made beforehand with the Seller.

The PayPal payment procedure is as follows: The Customer is automatically directed to PayPal’s payment form after placing the order. If he already has a PayPal account, the Customer can log in using the data stored by PayPal and proceed with the payment. The Customer can also choose PayPal payment without being registered with PayPal. In this case, the Customer can log in to PayPal as a guest or set up a new PayPal account and then make the payment via PayPal.

In the event of payment by PayPal, the Seller processes the order as soon as the incoming payment has been booked. This procedure is usually very quick. However, delays can occur, due to processing errors or similar malfunctions connected with the system used by PayPal. The Seller does not have any influence on these delays and is not responsible for them.

Please visit www.paypal.com/de for further information.

Credit card

Payment by credit card is an easy and convenient means of payment. It saves time, unnecessary effort and COD fees. It also eliminates the need to keep cash ready for the postman. The Customer enters the 16-digit number of his card as well as the date of expiry and the card issuer (VISA or Mastercard). Please note that the Customer and the card holder must be one and the same person. The Seller will only ship the goods to the credit card holder.

Invoice

In addition to the types of payment already mentioned, we offer business customers the option of payment by invoice in compliance with Article 14 of the German Civil Code. In this case, the Customer pays the entire invoiced amount within the payment period stated on the invoice, after the goods have been shipped. The payment is made by bank transfer to the bank account stated on the invoice. Please be sure to quote your order number and your customer number as the intended purpose of the bank transfer. We expressly state that we do not accept either cash or checks and that we will not accept any liability for the loss of cash or checks.

(3) The purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined according to the calendar, the Customer is in default of payment if he fails to pay by the due date. In the event of default of payment, the Seller is entitled to demand default interest at 5 percentage points above the base rate of interest.

(4) The Customer’s obligation to pay the default interest does not affect the Seller’s right to assert further claims due to the default of payment.

Article 8 Liability for defects, warranty

(1) The statutory regulations apply as regards the rights of the Customer in the event of material defects as per Article 434 et seq. of the German Civil Code. The liability for compensation is determined solely according to Section 8 of these GTC. The warranty period for products delivered by the Seller to business customers, as well as for used items is 12 months.

(2) An additional warranty only exists for the goods delivered by the Seller if such a warranty has been expressly given in the order confirmation for the respective article. The agreed quality of the item does not represent any warranty statement by the Seller to the Customer.

Article 9 Liability

(1) The Customer’s claims to compensation are excluded, except for claims arising from (i) injury to life, limb, or health, or damage resulting from violation of an essential contractual obligation, as well as (ii) liability for other damage in cases of intent and gross negligence by the Seller, his legal representatives, or agents (e.g. sub-contractors). An essential contractual obligation (cardinal duty) is an obligation whose fulfilment makes correct execution of the contract possible in the first place and which the Customer can normally expect to be complied with.

(2) In the case of breach of essential contractual obligations (cardinal duties), the liability of the Seller is limited to compensation for the foreseeable, contractually typical damage caused by simple negligence, unless the Customer’s claims are for compensation for injury to life, limb, or health.

(3) The limitations of Points 1 and 2 also apply in favor of the Seller’s legal representatives and agents whenever any claims are made against them directly.

(4) The Seller’s liability according to the regulations of the Product Liability Law remains unaffected.

Article 10 Right of withdrawal

Right of withdrawal

You may withdraw from this contract within fourteen calendar days without giving reasons.

The period of withdrawal is fourteen calendar days from the day on which you or a third person authorized by you and who is not the carrier or forwarder took possession of the goods.

The following provision applies in the case of a contract for several items which the consumer orders in a single order and which are delivered separately: the withdrawal period is fourteen calendar days from the day on which you or a third party authorized by you and who is not the carrier or forwarder took possession of the goods.

The following provision applies in the case of a contract for the delivery of goods in several partial consignments or units: the withdrawal period is fourteen calendar days from the day on which you or a third party authorized by you and who is not the carrier or forwarder took possession of the last partial consignment or the last unit.

If you wish to make use of your right of withdrawal, you must inform us (J.P. Sauer & Sohn GmbH, Ziegelstadel 20, 88316 Isny (Allgäu) phone 07562 / 97554876; fax: +49 (0) 7562 702 271; email: shop@sauer.de)y means of an unequivocal declaration (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. You may use the attached template withdrawal form, which however is not mandatory. 

To comply with the withdrawal period, it is sufficient to send us notification of your withdrawal before the end of the period allowed for withdrawal.

Consequences of withdrawal

If you withdraw from this contract, we will refund all payments we have received from you, including the shipping costs (with the exception of any extra costs that are incurred if you chose a type of dispatch other than standard shipping). We will refund you within fourteen days at the latest from the day on which we received your notification of withdrawal from this contract. For the reimbursement we will use the same form of payment you used in the original transaction unless we have explicitly agreed otherwise; under no circumstances will this reimbursement be offset against payments due. We can refuse to make the reimbursement until we have received the goods or until you have provided proof that you have sent the goods back, whichever comes first.

You are required to send back or to hand over the goods to PVS Schenk GmbH, Walter-Tron-Straße 5, 97437 Haßfurt  without delay and at the latest within fourteen calendar days of the day on which you notified us of your withdrawal from this contract. You have complied with this period if you send the goods back to us before the end of the period of fourteen calendar days.

You are required to bear the direct costs of return shipping. The following provision applies if the goods cannot be returned by regular post on account of their nature or condition: You bear the direct costs of returning the goods. The costs are estimated to be a maximum of approximately € 300 in the case of a return within the Federal Republic of Germany or a maximum of approximately € 600 in the case of a return from Austria or Switzerland.

You are only required to pay for any loss in value of the goods if this loss in value is due to handling by you which was not necessary for the purpose of checking the condition, properties and functionality of the goods.

Article 11 Non-existence or expiry of the right of withdrawal

(1) The right of withdrawal does not apply in the following cases:

1. Contracts for supplying goods that are not prefabricated but manufactured according to an individual choice or specification by the consumer, or which are clearly tailored to the consumer’s personal requirements.

2. Contracts for supplying goods that can perish quickly or that have a short sell-by period.

3. Contracts for supplying newspapers, magazines or illustrated publications with the exception of subscription agreements.

(2) Any originally existing right of withdrawal expires in the case of the respective contracts and under the following prerequisites:

1. Contracts for supplying sealed goods that are unsuitable for return for reasons of health or hygiene, if their seals have been removed after delivery.

2. Contracts for supplying goods if these goods have been inseparably mixed with other goods on account of their nature after delivery.

3. Contracts for supplying audio or video recordings or computer software in a sealed package, if the seal has been removed after delivery.

Article 12 Provisions on disposal of batteries

(1) Some of the Seller’s products contain batteries, e.g., for operating articles such as lamps, signal cones, searchlights, etc. Rechargeable or other batteries are sometimes a fixed part of the products. In connection with the sale of these products, the Seller is obliged under Article 18 of the Batteries Act (BattG) to advise its customers about the following obligations:

(2) According to the Batteries Act in conjunction with the Battery Directive, the Customer is expressly forbidden to dispose of batteries in household waste disposal bins. Please dispose of spent batteries you purchased from the Seller in a legally prescribed manner, by taking them to a communal collection point or returning them without payment to a local shop. You can return spent batteries you received from the Seller to the following address without payment, or return them to the Seller by parcel post with sufficient postage to:

J.P. Sauer & Sohn GmbH

Ziegelstadel 20

88316 Isny (Allgäu) 

Please return batteries or rechargeable batteries to the Seller only after they have been completely discharged and ensure no short circuiting can occur by taking suitable measures, for example by covering the poles of the batteries with tape or otherwise insulating them.

Article 13 Exclusion of the duty of informing customers who are not end consumers

If the Customer is not a consumer, the Seller’s duty of information according to Article 312i, Subs. 1, Line 1, Nos. 1 to 3 is expressly excluded. Under this provision, the company would otherwise be obliged : 1. to provide the Customer with suitable, effective and accessible technical means which enable the Customer to recognize and correct incorrect entries before submitting his order; 2. to provide the Customer with the information specified in Article 246c of the Import Law concerning the German Civil Code clearly, intelligibly, and in good time before he submits his order, 3. to immediately send the Customer confirmation of receipt of his order by electronic means.

Article 13a Information regarding online dispute resolution / German Verbraucherstreitbeilegungsgesetz (VSBG)

(1) The EU Commission has established an internet platform for the online resolution of disputes (ODR Platform). The ODR Platform is the contact point for the out-of-court resolution of disputes relating to contractual obligations which arise from online purchasing agreements. The ODR platform can be accessed via the following link: http://ec.europa.eu/consumers/odr

(2) J.P. Sauer GmbH will not participate in a dispute resolution procedure before a consumer arbitration board as defined by the German Verbraucherstreitbeilegungsgesetz (VSBG) and is under no obligation to do so.

Article 14 Final provisions

(1) The law of the Federal Republic of Germany applies to contracts concluded between the Seller and the Customer, under exclusion of the United Nations Convention on Contracts for the International Sale of Goods.

(2) The sole contractual language is German.

(3) The place of jurisdiction for settling all disputes that arise from the contractual relationships between the Customer and the Seller is the Seller’s head office, insofar as the Customer is a businessman, a legal entity under public law, or a special fund under public law, and insofar as no diverging obligatory place of jurisdiction exists.

(4) Should individual terms of the contract be legally ineffective or invalid, the remaining parts of the contract shall maintain their binding effect. Statutory regulations substitute the legally ineffective or invalid terms, insofar as they exist. However, should this represent an unreasonable hardship for one of the contracting parties, the contract shall become invalid as a whole.

 

Annex

Template withdrawal form

 

(If you wish to withdraw from the contract, please complete this form and send it back to us.)

 

J. P. Sauer & Sohn GmbH
Ziegelstadel 20
88316 Isny im Allgäu
Germany
Telephone.: +49 (7562) 97554-0
Telefax: +49 (7562) 97554-801
Email: shop@sauer.de

 

I / We (*) hereby cancel the contract concluded by me / us (*) for purchase of the following goods (*) / provision of the following service (*)

Ordered on (*) / Received on (*)

Name of the consumer(s)

Address of the consumer(s)

Signature of the consumer(s) (only in the case of notification on paper)

Date

__________

(*) Delete where inapplicable.