WARNING: The following content is computer-translated from our german Version
§ 1 Scope of application
1. The following terms of sale apply to the current version for all between us and the buyer contracts for the supply of goods. They also apply to all future business relations, even if they have not been expressly agreed. Deviating conditions of the buyer, we do not explicitly acknowledge, are not binding, even if we do not explicitly contradict one another. The following conditions of sale apply, even if we are aware of conflicting or deviating conditions of the buyer, the order of the buyer unconditionally.
2. The following conditions of sale apply to all customers, regardless of whether they are entrepreneurs in the meaning of § 14 BGB or consumers within the meaning of § 13 BGB applies.
§ 2 Legal requirements for the purchase of knives
1. When an order not to authorization of weapons and ammunition authorization and other weapons as defined under the Firearms Act as well as knives, a delivery or a levy only to persons 18 years of age. Before concluding the purchase contract is our proof of appropriate age.
2. We point out that the driving of slash and Stoßwaffen without permission is punishable.
§ 3 Offer and Contract Conclusion
1. On our website we inform the buyer of our products. With the presentation of the product is still not a binding contract offer dar. Our offers are non-binding, unless explicitly that these were described as binding.
2. The order of the buyer, makes an offer to conclude a sales contract after the buyer dar. one of our order, he receives from us an email order confirmation. This will acknowledge receipt of the order and containing the relevant details. The order confirmation does not accept the offer They merely inform the buyer of the receipt of the order with us. This will bring the goods to us and made ready for the buyer receives an e-mail order confirmation / invoice. With this declaration, we take the offer the buyer the contract, so that on receipt of this e-mail an effective agreement on the goods listed therein established.
3. All agreements made between the buyer and us in connection with the purchase contracts shall be stipulated in the order confirmation / invoice, and these conditions in writing.
§ 4 Delivery and Performance
1. Delivery dates or deadlines that are not expressly agreed as binding, are intended to be exclusively non-binding information.
2. If we culpably an explicitly agreed deadline, or for other reasons in default, the buyer has us a reasonable grace period - starting from the date of receipt of written notice from us - to Gewa hren. After the fruitless expiry of this period, the buyer is entitled to rescind the contract.
3. Where the contract is a fixed-date transactions, or the buyer is in a row one of us to delivery delays entitled to rely on the continued interest in his case the contract because, as we are liable under the statutory provisions, subject The following limitations.
4. We are liable to the buyer for late delivery in accordance with statutory provisions only if the delivery delay is due to one of us responsible or negligent, non-essential, contract breach of duty is based. Our liability in such cases is restricted to foreseeable, typically occurring damage.
5. Based on our control delivery delay is due to the culpable breach of a material contractual obligation, we are liable under the statutory provisions, the liability is limited to the foreseeable, typically occurring damage.
6. We are entitled to partial deliveries and partial services at any time as long as this is reasonable for the buyer.
7. If the buyer is in default of acceptance we are entitled to compensation for the damage and any additional expenses. The same applies if the buyer Duties culpably violated. With the occurrence of the acceptance or debtor default, the risk of accidental deterioration and accidental loss to the buyer.
§ 5 Transfer of risk - Shipping / Packaging
Our product can also be delivered through shipping (transport insurance). The dispatch of the goods shall be at the expense of the buyer. The amount of the expenses are separately reported. If the shipment on the request or fault of the buyer delayed so we store the goods at the risk and expense of the buyer. In this case, the display of readiness to dispatch the same.
§ 6 Payment Terms
1. Our prices include VAT. In case of shipping, transportation costs are not included, unless a different agreement with the buyer is taken.
2. A discount is available only with a special written agreement between us and the buyers allowed.
3. The purchase price is immediately after receipt of order confirmation / invoice via e-mail for payment, where no other payment has been agreed. The buyer is committed to the agreed purchase price no later than 7 days after receipt of the e-mail for free. Only after payment is received, the goods shipped. After the expiry of the 7-day period the buyer is in default. In addition, the statutory provisions.
4. The buyer is entitled to set-off, even though notices of defect or counter claims, unless the underlying counterclaims have become res judicata, we have been recognized or are not disputed. To exercise a lien, the buyer is authorized only if his counterclaim is based on the same purchase.
§ 7 Guarantee / Liability
1. If the purchaser is an entrepreneur is, there are claims for defects only when he is in accordance with § 377 HGB of investigation and complaint are properly met.
2. No warranty claims are for normal wear and tear of the goods delivered, in wear and changes made by the buyer.
3. If we defect to the goods, we are committed to performance, unless we are justified by the law to refuse subsequent performance justified. The buyer has given us a reasonable period of rectification to be granted.
4. The performance may take place after the election of the buyer by eliminating the defect or delivery of new goods. We take in case of shortage, the elimination of necessary expenses, provided that this does not increase because the subject matter at a location other than the place of performance is located, unless the purchaser is an entrepreneur within the meaning of the Act. During the subsequent performance is the reduction of the purchase price or rescission of the contract by the purchaser is excluded. The remedy is with the second unsuccessful attempt failed. If the subsequent performance fails, the buyer may at his discretion reduce the purchase price (reduction) or the cancellation of the contract annulled.
5. Claims for damages due to a defect, the buyer can only claim if the supplementary performance has failed. The right of the buyer to claim further damages to the following conditions will remain unaffected.
6. We are liable in full accordance with the statutory provisions for damage to life, limb and health, based on negligence or breach of duty by us, our legal representatives or our vicarious agents, as well as fü r damage resulting from liability under the Product Liability Act are covers. For damages that are not covered by sentence 1, and the intentional or grossly negligent infringement and bad faith based, we are liable according to legal provisions. In this case, however, the liability to the foreseeable, typically occurring damage, unless we have acted.
7. We are also liable for damages caused by simple negligence caused, to the extent that the negligence, breach of essential contractual obligations, or a cardinal duty is concerned. The same applies if the buyer claims damages instead of performance entitled. We are liable only to the extent that the damage typically associated with the contract and predictable.
8. Any further liability on our part is without regard to the legal nature of the claim is excluded. This particularly applies to tort claims or claims for reimbursement of expenses instead of performance, without prejudice to any liability under the above regulations (Section 3). As far as liability is excluded or limited, this also applies to the personal liability of our employees, workers, employees, representatives and vicarious agents.
9. As far as where the buyer is a consumer, barred warranty for new cases and two years for second-hand things, one year after delivery of the goods. As far as when the buyer is an entrepreneur that barred warranty for new things, one year after delivery of the goods. In the case of used things is to ensure in this case excluded.
This does not apply to claims for damages, which we, our legal representatives or vicarious agents and caused injuries to life, limb or health, or if we or our legal representative vorsä useful or grossly negligent, or if our agents have acted.
§ 8 right of withdrawal
The purchaser may submit a declaration of contract within one month without giving reasons in written form (eg letter, e-mail) or by returning the goods. The period begins earliest with receipt of this instruction. In order to safeguard the withdrawal period is sufficient to send the withdrawal (or goods). The revocation must be sent to:
American Store Stuttgart, Heike Keupp Leonhard Platz 18 70182 Stuttgart Fax: 0 049 (0) 711 248 563 9
Consequences of withdrawal:
In case of an effective revocation on both sides received benefits returned (and possibly towed uses surrendered). Can the buyer us the benefits received wholly or partly or only in a deteriorated state grant, he must, if necessary, we value. With the release of things this does not apply if the deterioration of the case solely on their exam - as you in a shop would have been possible-due. In addition, the buyer the obligation to pay compensation avoided by the thing he does not like his property in use and refraining from all actions which could impair their value. Paketversandfähige things have to be returned. The buyer has the cost of returning to bear if the delivered goods ordered and if the price of the case returned an amount of not exceeding 40 euros or if the buyer at a higher price of the thing at the time of the revocation yet the return or a contractually agreed partial payment on his part. Otherwise, the return for the buyer free of charge. Non-transportable goods are picked up the buyer. Obligations to reimburse payments must be made within 30 days after dispatch of the revocation are satisfied. A right is not for the software were unsealed by the buyer, and fraction of ammunition assembly or embroidery orders.
End of instruction
§ 9 Reservation of Ownership
1. We reserve the ownership of our goods until all payments from the sale before.
2. If the purchaser is an entrepreneur is, the delivered goods (conditional goods) our property until all claims arising from the ongoing business relationship, including all claims from current account balance, against which we the buyer is entitled now or in the future.
§ 10 Final Clause
1. The relationship between the parties governed solely in accordance with the Federal Republic of Germany applicable law. The application of the Uniform Law on the International Sale of Goods and the Law on the conclusion of international Sale of Goods is excluded.
2. As far as when the buyer is a businessman, is the place of performance and jurisdiction for deliveries and payments (including checks and bills injunctions) as well as between all the parties to disputes resulting from the closed sales contracts our headquarters. However, we are entitled to the buyer at his residence or place of business and to sue information to the battery regulation
In connection with the sale of batteries and accumulators are we as a dealer under Regulation commits battery, you as consumers drawn to the following:
- You are legally obliged to return batteries. You can use it to our shop, in a municipal assembly or in the commercial spot back.
- Creates batteries are marked with a sign, consisting of a crossed-out wheeled bin symbol and the chemical (Cd, Hg or Pb) of the classification as a heavy metal which creates decisive
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||American Store Stuttgart
| Store owner:
Deutschland USt-IdNr.: DE146427585
||0 049 (0)711 233 988
||0 049 (0)711 248 563 9