AGBs

General terms and conditions for private customers

§ 1 General

a) Scope of application
These General Terms and Conditions apply to all business relations between Triebel Waffenwerkzeuge GmbH, Wagnergasse 4, 87677 Stöttwang, represented by its Managing Director: Mr. Jürgen Triebel (hereinafter referred to as: Triebel Waffenwerkzeuge GmbH) and its customers in the version valid at the time of conclusion of the contract. Any conflicting general terms and conditions of the customer are hereby expressly rejected.

b) Contractual agreement
The contractual language is German.

c) Conclusion of contract at the place of business
The offers of Triebel Waffenwerkzeuge GmbH at the place of business are subject to change and non-binding. This shall also apply if Triebel Waffenwerkzeuge GmbH has provided the customer with catalogs or other product descriptions or documents - also in electronic form - to which Triebel Waffenwerkzeuge GmbH reserves ownership rights and copyrights. At the place of business, the contract shall be concluded by individual application and the related acceptance. Contracts can be concluded verbally, by letter, e-mail or fax.

d) Conclusion of contract for custom-made products

Customers can conclude contracts with Triebel Waffenwerkzeuge GmbH for custom-made products. The contract is concluded by individual application and the related acceptance.

e) Conclusion of contracts for rental tools

Customers from Germany can conclude a tool hire contract with Triebel Waffenwerkzeuge GmbH. The contract is concluded by individual application and acceptance.
Only traders are authorized to conclude contracts for rental tools. The loan period is 10 days. The customer is obliged to return the loaned tools to Triebel Waffenwerkzeuge GmbH free of charge at the end of the loan period. loan contracts can only be concluded in writing (letter, e-mail, fax). Loaned tools may not be re-lent. The costs are based on the rental conditions valid at the time the contract is concluded.

f) Conclusion of contracts for contract work

Customers can agree contract work with Triebel Waffenwerkzeuge GmbH. The contract is concluded by individual application and the related acceptance.

g) Incoming goods inspection at the customer's premises
The customer must inspect the delivered items for compliance with his specifications before they are used for the first time.

§ 2 Delivery
a) Partial deliveries
Triebel Waffenwerkzeuge GmbH is entitled to make partial deliveries if this is reasonable for the customer. In the case of partial deliveries, however, the customer shall not incur any additional shipping costs.

b) Delays in delivery and performance
Triebel Waffenwerkzeuge GmbH shall not be responsible for delays in delivery and performance due to force majeure and due to extraordinary and unforeseeable events which cannot be prevented by Triebel Waffenwerkzeuge GmbH even with the utmost care (including, in particular, strikes, official or court orders and cases of incorrect or improper self-supply despite a covering transaction to that effect). They shall entitle Triebel Waffenwerkzeuge GmbH to postpone delivery for the duration of the impeding event.

c) Withdrawal
In the event of non-availability for the aforementioned reasons, Triebel Waffenwerkzeuge GmbH may withdraw from the contract. Triebel Waffenwerkzeuge GmbH undertakes to inform the customer immediately of the non-availability and to reimburse any payments already made without delay.

d) Default of acceptance
If the customer is in default of acceptance of the ordered goods, Triebel Waffenwerkzeuge GmbH shall be entitled, after setting a reasonable grace period, to withdraw from the contract and to claim damages for default or non-performance. During the delay in acceptance, the customer shall bear the risk of accidental loss or accidental deterioration.

§ 3 Payment
a) Prices and shipping costs
All prices are inclusive of the German value added tax applicable at the time of invoicing and plus the costs of packaging and shipping, unless collection by the customer from the registered office of Triebel Waffenwerkzeuge GmbH in Stöttwang has been agreed.

The minimum order value per order is EUR 25.00.

b) Payment methods

Customers from Germany can pay by cash on delivery, prepayment or credit card (Mastercard, Visacard). For deliveries abroad, customers can only pay in advance or by credit card (Mastercard, Visacard). The prices for custom-made products must be paid in advance. Regular customers can be supplied by purchase on account by arrangement.

c) Cash discount for orders

From a value of goods of 25.00 euros, the customer can be granted a discount depending on the payment method. A 2% discount is granted for payment on delivery and a 3% discount is granted for payment in advance.

d) Default of payment
The customer shall be in default of payment if payment is not received by Triebel Waffenwerkzeuge GmbH within 20 days of receipt of the invoice. In the event of late payment, interest shall be charged at a rate of 8 percentage points above the prime rate of the European Central Bank. Should the customer fall into arrears with his payments, Triebel Waffenwerkzeuge GmbH reserves the right to charge a reminder fee of 5.00 euros. Triebel Waffenwerkzeuge GmbH reserves the right to claim further damages. The customer shall have the option of proving that Triebel Waffenwerkzeuge GmbH has incurred no or less damage.

e) Right of retention
The customer shall only be entitled to assert a right of retention for counterclaims that are due and based on the same legal relationship as the customer's obligation.

§ 4 Agreement on the bearing of costs in the event of revocation

If you exercise your right of revocation, you must bear the regular costs of the return shipment if the delivered goods correspond to those ordered and if the price of the item to be returned does not exceed an amount of 40 euros or if, in the case of a higher price of the item, you have not yet provided the consideration or a contractually agreed partial payment at the time of revocation. Otherwise the return shipment is free of charge for you.

§ Section 5 Cancellation policy for consumers in distance selling contracts

The following cancellation policy applies to consumers in distance selling contracts

Cancellation policy

Right of withdrawal

You can revoke your contractual declaration within 14 days without giving reasons in text form (e.g. letter, fax, e-mail) or - if the goods are delivered to you before the deadline - also by returning the goods. The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also not before fulfillment of our information obligations under Article 246 § 2 in conjunction with § 1 paragraph 1 and 2 EGBGB and our obligations under § 312g paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. Timely dispatch of the revocation or the goods shall suffice to comply with the revocation period. The revocation is to be sent to:

Triebel Waffenwerkzeuge GmbH
Wagnergasse 4
87677 Stöttwang
Fax: +49 (0) 8345-95294-15
E-Mail: info@triebel-guntools.de

Consequences of revocation
In the event of an effective revocation, the services received by both parties must be returned and any benefits derived (e.g. interest) surrendered. If you are unable to return or surrender to us the goods received and any benefits (e.g. benefits of use), or are only able to return or surrender them in part or in a deteriorated condition, you must compensate us to this extent. You only have to pay compensation for the deterioration of the item and for any use made of it if the use or deterioration is due to handling of the item that goes beyond checking its properties and functionality. Testing the properties and functionality" means testing and trying out the respective goods, as is possible and customary in a retail store, for example. Goods that can be sent by parcel post are to be returned at our risk. You have to bear the regular costs of the return shipment if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed an amount of 40 euros or if, in the case of a higher price of the goods, you have not yet provided the consideration or a contractually agreed partial payment at the time of the revocation. Otherwise the return shipment is free of charge for you. Items that cannot be sent by parcel post will be collected from you. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the dispatch of your declaration of revocation or the goods, for us with their receipt.

- End of the withdrawal policy -

Exclusion of the right of withdrawal
There is no right of withdrawal for distance contracts for the delivery of goods that are manufactured according to customer specifications or are clearly tailored to personal needs or that are not suitable for return due to their nature or can spoil quickly or whose expiration date would be exceeded. Likewise, there is no right of revocation for distance contracts for the delivery of audio or video recordings or software if the delivered data carriers have been unsealed by the consumer.
§ 5 Retention of title
The delivered goods remain the property of Triebel Waffenwerkzeuge GmbH until the purchase price has been paid in full. The customer must treat the goods subject to simple retention of title with care at all times. The customer assigns to Triebel Waffenwerkzeuge GmbH any claim or compensation he receives for damage, destruction or loss of the delivered goods. In the event of breach of contract by the customer, in particular default of payment, Triebel Waffenwerkzeuge GmbH shall be entitled to take back the purchased goods. This taking back of the purchased goods shall constitute a withdrawal from the contract.

§ 5 Warranty
a) Warranty claim
A warranty claim can only arise with regard to the quality of the goods; reasonable deviations in the aesthetic properties of the goods are not covered by the warranty claim.

§ 6 Liability
a) Exclusion of liability
Triebel Waffenwerkzeuge GmbH and its legal representatives and vicarious agents shall only be liable for intent or gross negligence, subject to the following proviso. In the event of slight negligence, liability shall only apply to the breach of material contractual obligations, i.e. obligations whose fulfillment is of particular importance for achieving the purpose of the contract. Liability is limited to the foreseeable, direct average damage typical of the contract. In the event of a grossly negligent breach of non-essential contractual obligations, Triebel Waffenwerkzeuge GmbH shall only be liable to customers who are not consumers in the amount of the foreseeable, direct average damage typical of the contract.

b) Reservation of liability
The above exclusion of liability does not apply to liability for damages resulting from injury to life, limb or health. The provisions of the Product Liability Act also remain unaffected by the exclusion of liability.

§ 7 Legal information

Express reference is hereby made to the provisions of the Weapons Act and the Foreign Trade and Payments Act (AWG). Cartridge chamber reamers, gauges and reloading matrices may require an export license.

A permit is required for the processing of essential parts of a firearm (§21 and §26 WaffG).

Essential parts of firearms to which modifications have been made must be submitted for state certification (Certification Act).

The above legal information does not constitute legal advice within the meaning of the Legal Advice Act!

§ 8 Final provisions
a) Place of jurisdiction
The exclusive place of jurisdiction for all legal disputes arising from this contract shall be the registered office of Triebel Waffenwerkzeuge GmbH in Stöttwang, provided that the customer is a merchant, a legal entity under public law or a special fund under public law or if the customer has no place of jurisdiction in the Federal Republic of Germany.

b) Choice of law
Insofar as there are no mandatory statutory provisions to the contrary under the customer's home law, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

c) Severability clause
The invalidity of individual provisions shall not affect the validity of the remaining General Terms and Conditions.

Status:January 2014