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star General Terms and Conditions of Business
§1 Scope of validity

The General Terms and Conditions of Business are binding for all sales, business relationships and other legal transactions of the installed web shop between Heckler & Koch GmbH (hereinafter referred to as Heckler & Koch) and its customers. Agreements that deviate from these as well as telephone or verbal agreements require written form for them to be effective.

With respect to the goods offered in our web-shop, the purchaser is obliged to comply with the applicable legal requirements and, if the goods are transferred to third parties, this requirement is also to be pointed out to such third parties.

§2 Validity of offer/conclusion of contract

For the conclusion of a contract for the item offered, our written order confirmation is required, unless our offer explicitly envisages that an order confirmation on our part is not necessary.

§3 Property, access rights and risk

Property and access rights to the object supplied are dependent on our receipt of complete and unrestricted payment. The transfer of material and loss risk is made with the delivery by Heckler & Koch GmbH in accordance with the INCOTERM provision ex factory.

§4 Minimum order value

The prices in EUR valid on the day of the order, including the statutory VAT valid on the day of order are decisive. The minimum order value per order is EUR 50 and excludes shipment costs. As a basic principle, the minimum order value refers to goods that are available for delivery.

§5 Shipping costs

The transport costs for deliveries up to 30 kg within Germany are EUR 5.50. The transport costs for shipments of goods to other countries and overseas are available on request. With shipments weighing more than 30 kg, special agreements shall be made. With an order value of more than EUR 100, the transport of goods within Germany shall be free of charge.

§6 Delivery

Delivery shall be made after receipt of payment EXW. We reserve the right to make partial deliveries. The costs for subsequent deliveries arising from this shall be for the account of Heckler & Koch GmbH. If a product cannot be delivered immediately, this shall be sent later as soon as it is available and shall not incur any charge for shipment. Delivery shall be made as long as stocks last. The buyer shall be informed should a product not be available. Counterperformances already received shall be reimbursed to the buyer. If the goods are not available, the customer is not entitled to have the product supplied or delivered at a later date.

§7 Conditions of payment

The payment options indicated in the online shop are permitted for payment.

§8 Right of cancellation

The customer may cancel his or her contractual declaration within two weeks without having to provide any reason for this in text form (e.g. letter, fax, e-mail) or by returning the item. The cancellation period begins at the earliest with the receipt of these instructions. The timely dispatch of the cancellation or the item is sufficient evidence that the period of cancellation has been observed.

The cancellation is to be sent to:

Heckler & Koch GmbH
c/o HK WEBSHOP
Heckler & Koch-Straße 1
78727 Oberndorf a.N. / Germany

§9 Consequences of cancellation

If the cancellation comes into effect, the products and/or services received by both parties shall be returned. If the customer is unable to return the product and/or service to Heckler & Koch in its entirety, or only in part, or only in a deteriorated condition, the client must compensate Heckler & Koch in this respect and where necessary. This does not apply with the transfer of goods if the deterioration of the item is solely attributable to its testing - as would have been possible for the customer, for instance, in a shop. For the rest, the customer may avoid paying compensation by not taking the item into use as if it were his or her property and not doing anything that may have a negative effect on its value. Items that can be sent as a parcel shall be returned.

The customer shall bear the costs of returning the item if the item supplied complies with the item ordered and if the price of the item to be returned does not exceed the sum of EUR 40 or, in the event that the price of the item is greater than this, if the customer has not provided the counterperformance or a contractually agreed part-payment at the time of the cancellation. Otherwise, the return is free of charge for the customer.

The customer must fulfill its obligations for refund of payments within 30 days after dispatch of his or her declaration of cancellation.

§10 Changes to the product

In agreement with the customer, we reserve the right to make changes to the design and/or technical specifications of our products if this appears desirable for reasons of improvement in performance of the product or due to the non-availability of components or sub-assemblies.

§11 Guarantee, liability

Unless otherwise stipulated on an individual basis in our offer, all new Heckler & Koch products are subject to the Heckler & Koch product guarantee of 24 (twenty-four) calendar months, starting with the date of the delivery by or on behalf of Heckler & Koch pursuant to INCOTERMS. The Heckler & Koch product guarantee includes the fulfillment of the product performance parameters in accordance with the agreed valid product specification and the absence of errors in design, material and processing during the guarantee period. Not included are normal wear-and-tear, repairs and product modifications carried out by the customer and any misuse of the product. The guarantee obligations include and are restricted to repair or exchange of the product, respectively of product components and to repayment of the price, in accordance with the result of our careful examination. Heckler & Koch GmbH is only liable for loss and consequential damage if these are the result of willful or grossly negligent conduct by Heckler & Koch employees and were foreseeable in individual cases. Any punitive compensation is explicitly excluded.

Heckler & Koch GmbH is only liable contractually, pre-contractually and non-contractually for compensation and/or replacement of unsuccessful expenses that are caused by Heckler & Koch GmbH, its legal representatives, employees or vicarious agents if these are the result of willful, grossly negligent conduct or deliberate breach of substantial obligations under this contract (cardinal obligations) and/or culpable damage to life, body or health.

Claims for compensation from Heckler & Koch GmbH become time-barred 12 months after they arise, unless they arise from an unauthorized or deliberate act.

Claims pursuant to the product liability law arising from deliberate deceit or based on a guarantee assumed by Heckler & Koch GmbH for the quality of the item purchased remain unaffected, as does the right to demand compensation instead of fulfillment.

§12 Severability clause

Should individual clauses or parts of clauses not be effective, this does not affect the validity of the remaining provisions.

§13 Law

The offer and order as well as the objects and services contained therein are subject exclusively to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and the standards of conflicts of law.

 
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