The following General Terms and Conditions (GTC) apply to the contractual relationships between:
Steiniger Buehl 33a
hereinafter referred to as "seller" and its customers, hereinafter referred to as "buyer".
The following terms and conditions apply in their version valid at the time of the order by the buyer in the webshop at pocket-shot.de. They will be sent to the buyer with the order confirmation by e-mail and are available in their current version via the website at pocket-shot.de. Deviating conditions of the buyer are not to be applied, even if the seller does not expressly contradict such conditions.
Conclusion and execution of the contract are exclusively in German.
The buyer is a consumer, if he as a natural person concludes a legal transaction for purposes that are predominantly neither his commercial nor his independent professional activity can be attributed (§ 13 BGB).
The buyer is an entrepreneur if he acts as a natural or legal person or a legal partnership in concluding a legal transaction in the exercise of his commercial or independent professional activity (§ 14 BGB).
1. Conclusion of contracts / self-supply reservation
The description of the goods within the webshop at pocket-shot.de by the seller does not constitute a binding contract offer but a description of possible contractual items. By clicking on the button "Jetzt kaufen!" In the last step of the order process in the shopping cart, the buyer makes a legally binding offer to conclude a purchase contract for the goods contained in the shopping cart. When paying by PayPal, the purchase contract comes with the payment instructions of the buyer, when paying in advance with the payment request of the seller contained in the order confirmation.
In the event that an ordered item should not be deliverable after conclusion of the contract, because the seller is not supplied by his supplier despite his contractual obligation despite the fact that the item was ordered from the supplier before conclusion of the contract, the seller is to resign from the contract entitled. In this case, the seller will inform the buyer immediately that the ordered goods are no longer available and immediately reimburse any services already provided. Instead, the buyer may also demand the delivery of comparable goods at the price valid for this product, taking into account the services rendered.
2. Prices / Payment / Delayed payment
The prices quoted in the webshop are total prices including value added tax in the respective statutory amount plus the specified shipping costs. The payment of the ordered goods takes place by advance payment, direct debit or by PayPal. The invoice amounts become in the case of the payment by PayPal and advance payment with purchase contract conclusion (s.o. § 1), with direct debit 2 weeks after purchase of the commodity due. If the buyer defaults in payment, the invoice amounts invoiced by the seller in the amount of five percentage points per year over the respective legal base interest rate according to § 247 BGB from default of default to interest. If the seller acts as an entrepreneur, the interest rate is eight percentage points above the base rate per year in accordance with § 247 BGB. The costs incurred in the assertion and enforcement of the claim fall in the event of default to the buyer to the burden, as far as he is responsible.
3. Right of withdrawal
As a consumer, the buyer is basically entitled to a statutory right of withdrawal.
Exclusion or extinction reasons:
The right of withdrawal does not apply to contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
The right of withdrawal expires prematurely in contracts for the delivery of sealed goods that are not suitable for return for reasons of health or hygiene if their seal has been removed after delivery; for the supply of goods, if, due to their nature, they were inseparably mixed with other goods after delivery.
Any non-existence or premature termination of the right of withdrawal, however, has no influence on any claims for defects against the seller.
4. Retention of title
The delivered goods remain the property of the seller until full payment. Before a transfer of ownership, a pledge, transfer, processing or transformation without the consent of the seller is not permitted.
5. Shipping costs / delivery
The shipping costs depend on the shipping method, destination and payment method. They are indicated in the respective offer in the webshop.
The delivery takes place within the specified delivery time to the delivery address communicated by the buyer. When paying by PayPal and payment in advance, the goods will be handed over to the seller after receipt of payment.
The dispatch of the commodity takes place by DHL. However, the seller reserves the right to choose another shipping / transport company in individual cases (for example, if the transport service is unavailable). In this case, he will inform the buyer about this. If the buyer is an entrepreneur, the risk passes to the buyer as soon as the goods have been handed over by the seller to the parcel or postal service or freight forwarder.
The seller reserves the right to make partial deliveries at his own cost, as far as he informs the buyer in advance and this is reasonable for the buyer.
In the event that a delivery of the same goods to the buyer three times for reasons beyond the seller is not possible, the seller has the right to withdraw from the contract, if he no later than the second failed attempt to deliver the buyer on the circumstance of lack of deliverability has pointed.
If goods are delivered with obvious damage to the packaging or the contents, the buyer is requested to notify the seller, without prejudice to his right of withdrawal or any claims for defects after receipt of the goods at email@example.com, so that the seller any rights against the shipping company in a timely manner and effective. If the customer acts as an entrepreneur, § 377 HGB applies with regard to the audit standard.
6. Return costs upon exercise of the right of withdrawal
If the buyer makes use of his legal right of withdrawal (see cancellation policy), the buyer bears the cost of the return.
7. Illustrations / descriptions of the goods
Illustrations of the goods in the context of the article description are only examples. These do not represent the respective article in every case faithfully, but serve the illustration. Depending on the technology used by the buyer (especially the screen / display and its setting) colors and sizes in particular can be displayed differently. Minor deviations are possible and reasonable. The text of the article description has priority in this respect.
8. Warranty Rights / Liability for Defects
By owning or using the Pocket Shot, you are responsible for consequences such as personal injury or property damage caused by the use of the Pocket Shot. Please be aware of local law and review the legal situation before purchasing, carrying or using the Pocket Shot. The pocket shot is not a toy. We expressly point out that parents should supervise their children when using the Pocket Shot and ensure safe handling.
If the buyer acts as a consumer, used goods are subject to a limitation period for claims for defects of one year from receipt of the goods. If the buyer acts as an entrepreneur, the limitation period for claims for defects in new goods is one year from receipt of the goods; for used goods claims for defects are excluded. This shall not apply to both consumers and contractors, insofar as claims for damages are directed to damages and claims for gross negligence or intent or the breach of essential contractual obligations, i. Obligations the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the contractual partner may regularly rely, are based on the seller or his vicarious agents. In the event of a breach of material contractual obligations, the liability of the seller in cases of ordinary negligence is limited to damages typically associated with the contract and foreseeable. Claims for damages due to injury to life, limb or health or under the Product Liability Act remain unaffected.
In all other respects the warranty or defect claims are based on the legal regulations.
The pocket shot is not a toy. It is therefore unsuitable for children under 14 years. Check your state laws for restrictions on acquisition, carrying or use. Always wear safety goggles when handling the pocket shot. Never aim at living things. This could end in bad injuries. Thoroughly inspect your target and the surrounding landscape before the shot and remember that there may be ricochets. This is especially the case when projectiles strike hard surfaces or water surfaces. Use the pocket shot outdoors only to reduce the risk of ricochets. Check all components of the Pocket-Shot immediately before use for damage that could lead to malfunctions. Only use the Pocket-Shot when it is in perfect condition. The pockets of the Pocket Shot are made of synthetic latex. If damaged, replace the bags directly to prevent injury. The Pocket Shot is designed to shoot various types of spin, paintball and airsoft ammunition. Using alternative ammunition can cause damage or even injury. This is especially true for sharp and pointed ammunition. Always shoot only one projectile at a time. Do not modify the Pocket Shot. Do not overspill the pocket shot. The ideal length of the pocket shot is 15 to 25 cm. Check before the shot that the cap is removed.
The liability for damages of the buyer, which are caused by intentional or grossly negligent behavior of the seller, is unlimited for personal injuries and damages according to the product liability law according to the legal regulations. This also applies to damages caused by vicarious agents of the seller.
Insofar as the seller is not liable on the basis of an assumed warranty, the liability for claims for damages is limited as follows: The seller is only liable for damages caused by slight negligence insofar as these are based on the breach of essential contractual duties (primary duties). The main duties are those contractual obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and the compliance of which the contractual partner was entitled to rely on. The liability of the seller for ordinary negligence under this regulation is limited to the typically foreseeable damage.
For damages caused by slight negligence, the liability of the seller is limited to the typically foreseeable damage, however a maximum of 15% of the total price agreed in the contract concerned.
With the order, the buyer agrees that the personal data transmitted by him and necessary for the execution of the contractual relationship are stored electronically with the seller.
Data of the buyer are collected by the seller only in the context of the execution of contracts. Here are the legal requirements, in particular.