GENERAL TERMS AND CONDITIONS

  1. General information

  1. These terms and conditions apply to all contracts, deliveries and other services of Ferrobull UG (haftungsbeschränkt), Schubertstraße 3, 89340 Leipheim (hereinafter: "Seller"), regarding the online store www.ferrobull.eu and all sub-domains belonging to the domain. Deviating regulations of the customers do not apply unless the seller has confirmed this in writing. Individual agreements between the seller and the customer always take precedence.

  2. The business relations between the seller and the customer are subject to the law of the Federal Republic of Germany. In the case of consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence. The application of UN sales law is excluded.

  3. The contract language is German.

  4. The place of jurisdiction is Leipheim if the customer is a merchant or a legal entity under public law or a special fund under public law. The same applies if a customer does not have a general place of jurisdiction in Germany or if the place of residence or habitual abode is not known at the time the action is filed.

  5. We deliver to the following countries: Germany, Austria, Switzerland, Sweden, Finland, Denmark.

  6. Customers have the option of using alternative dispute resolution. The following link from the EU Commission (also known as the ODR platform) contains information on online dispute resolution and serves as a central point of contact for the out-of-court settlement of disputes arising from online sales contracts: www.ec.europa.eu/consumers/odr. The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

 
  1. Contract contents and conclusion of contract

  1. The seller offers customers new goods for sale in the online store www.ferrobull.eu, primarily for hunters and sport shooters.

  2. When shopping in the online store, a purchase contract is concluded when the seller accepts the customer's order. Price indications in the online store do not constitute an offer in the legal sense. The receipt and acceptance of the order will be confirmed to the customer by e-mail.

  3. The order text is stored by the seller within the scope of the statutory retention obligations and can be handed over on request. The customer can also print out his order data immediately after sending the order in the case of ordering via the digital order form in our online store. The seller's GTC can be viewed at any time at https://www.ferrobull.eu/agb/ at any time.

  1. Prices, shipping costs, VAT and payment

  1. The prices stated in the online store apply to orders placed via the online store. All prices include the statutory value added tax.

  2. The prices do not include shipping and packaging costs, which will be communicated to the customer before the order is placed.

  3. Delivery to the customer by the seller shall be made at the customer's request using the following payment methods: Prepayment (by bank transfer). In the case of advance payment by bank transfer, payment is due no later than 3 calendar days after conclusion of the contract.

  4. If a customer defaults on his payment obligations, the seller may demand compensation in accordance with the statutory provisions and/or withdraw from the contract.

  5. The Seller shall always issue an invoice to the Customer, which shall be handed over to the Customer upon delivery of the goods or otherwise received in text form.

  1. Collection

  1. The goods can be collected by the customer from the seller.

  2. The customer will be notified when the order is ready for collection. The customer is obliged to collect the order within 10 days of receiving the notification.

  3. To collect the goods, the customer must present the invoice, the order confirmation or the collection notification.

  4. The risk of accidental loss and accidental deterioration of the goods shall pass to the customer upon handover.

  1. Delivery and transfer of risk

  1. Unless otherwise contractually agreed, the ordered goods shall be delivered to the address specified by the customer. Delivery shall be made from the seller's warehouse.

  2. The availability of the individual goods is indicated in the item descriptions. Unless expressly agreed otherwise, the Seller shall dispatch goods in stock within 3-5 working days of receipt of payment. If the goods are marked as not in stock when sold via the online store, the seller shall endeavor to deliver the goods as quickly as possible. Information provided by the seller regarding the delivery period is non-binding, unless the delivery date has been bindingly promised by the seller in exceptional cases.

  3. The Seller reserves the right to make a partial delivery if this appears advantageous for speedy processing and the partial delivery is not exceptionally unreasonable for the Customer. The customer shall not be charged for any additional costs incurred as a result of partial deliveries.

  4. The risk of accidental loss and accidental deterioration of the goods shall pass to the customer upon delivery. If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay shall pass to the customer upon delivery of the goods to the forwarding agent, carrier or other person designated to carry out the shipment.

  1. Retention of title The delivered goods remain the property of the seller until all claims arising from the contract have been fulfilled; in the event that the customer is a legal entity under public law, a special fund under public law or an entrepreneur in the exercise of his commercial or independent professional activity, also beyond this from the ongoing business relationship until all claims to which the seller is entitled in connection with the contract have been settled.

  1. Right of retention The customer is only authorized to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.

 

  1. Liability for material defects and defects of title

  1. If there are defects, the customer shall be entitled to the statutory warranty rights in accordance with the following provisions. If only merchants are involved in the contract, §§ 377 ff. HGB (GERMAN COMMERCIAL CODE) SHALL ALSO APPLY.

  2. Damage caused by improper handling or storage of the goods by the customer shall not give rise to a warranty claim against the seller. The customer can find information on proper handling in the manufacturer's descriptions.

  3. The customer must notify the seller of defects within a warranty period of two years. If the customer is an entrepreneur, the warranty period for new items is one year. In the case of used goods, the warranty for entrepreneurs is excluded.

  4. The above limitations of liability shall not apply if the Seller has fraudulently concealed a defect or has assumed a guarantee for the quality of the goods, and shall not apply to claims for damages by the Customer which are based on compensation for bodily injury or damage to health due to a defect for which the Seller is responsible or which are based on intentional or grossly negligent fault on the part of the Seller or its vicarious agents.

  5. If there are defects and these have been asserted in good time, the seller is entitled to subsequent performance. If the supplementary performance fails, the customer shall be entitled to reduce the purchase price or withdraw from the contract. In all other respects, the statutory provisions shall apply.

  1. Duty to inform in the event of transport damage

If goods are delivered with obvious damage to the packaging or contents, the customer shall, without prejudice to his warranty rights (§ 9), complain immediately to the carrier/freight service and contact the seller immediately by e-mail or other means (post) so that the seller can protect any rights against the carrier/freight service.

  1. Disclaimer

  1. Apart from liability for material defects and defects of title, the seller shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence. He shall also be liable for the slightly negligent breach of essential obligations (obligations whose breach jeopardizes the achievement of the purpose of the contract) as well as for the breach of cardinal obligations (obligations whose fulfilment is essential for the proper execution of the contract and on whose compliance the customer regularly relies), but in each case only for the foreseeable damage typical for the contract. The Vendor shall not be liable for the slightly negligent breach of obligations other than the aforementioned obligations.

  2. The limitations of liability in the above paragraph shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.

  3. If the Seller's liability is excluded or limited, this shall also apply to the personal liability of its employees, representatives and vicarious agents

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