Terms and Conditions with customer information

1. Scope
2. Offers and service descriptions
3. Ordering process and contract conclusion
4. Prices and shipping costs
5. Delivery, product availability
6. Payment arrangements
7. Retention of title
8. Warranty and guarantee
9. Liability
10. Storage of the contract text
11. Place of jurisdiction, applicable law, contract language

1. Scope

1.1. For the business relationship between SPBtactical e.U. (hereinafter referred to as “Seller”) and the Customer (hereinafter referred to as “Customer”), the following General Terms and Conditions apply exclusively in their version valid at the time of the order.

1.2. You can contact our customer service department for questions, reclamations and complaints on weekdays by e-mail at operator@sapiensparabellum.com.

1.3. The consumer concept is based on the general provisions of the consumer protection law.

1.4. Deviating conditions of the customer are not recognized, unless the seller agrees to its validity.

2. Offers and service descriptions

2.1. The presentation of the products in the online shop does not constitute a legally binding offer, but a demand to submit such a request. Service descriptions in catalogs and on the seller’s websites are not in the nature of any assurance or warranty.

2.2. All offers are valid “as long as stocks last”, unless otherwise noted in the products. Incidentally, errors remain reserved.

3. Ordering process and contract conclusion

3.1. The customer can select products from the assortment of the seller without obligation and collect them via the button [to the shopping cart] in a so-called shopping cart. Within the basket, the product selection may be changed, e.g. to be deleted. Afterwards, the customer can proceed within the shopping cart via the button [Continue to checkout] to complete the order process.

3.2. With the button [Buy now] the customer submits a binding application for the purchase of the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time, or go back to the shopping cart using the browser function “back” or cancel the order process altogether. Necessary information is marked with an asterisk (*).

3.3. The seller then sends the customer an automatic acknowledgement of receipt by e-mail, in which the customer’s order is listed again and which the customer can print out via the “Print” function (order confirmation). The automatic acknowledgment of receipt merely documents that the customer’s order has been received by the seller and does not constitute acceptance of the request. The purchase contract is only concluded when the seller ships the ordered product to the customer within 7 days, handed over the shipment, or confirmed the shipment to the customer within 7 days with a second e-mail, express order confirmation or sending the invoice.

3.4. If the seller allows a prepayment, the contract comes about with the provision of bank details and payment request. If, despite the due date, the payment has not been received by the seller after a renewed request up to 10 calendar days after the order confirmation has been sent, the seller will withdraw from the contract with the consequence that the order is invalid and the seller does not meet any obligation. The order is then, for buyer and seller, without further consequences obsolete. Whilst paying with payment in advance a reservation of the article is therefore only possible for a maximum of 10 calendar days.

4. Prices and shipping costs

4.1. All prices stated on the website of the seller are inclusive of the applicable statutory sales tax.

4.2. In addition to the prices quoted, the seller charges for delivery. The shipping costs are clearly communicated to the buyer on a separate information page and during the ordering process.

5. Delivery, product availability

5.1. As far as advance payment has been agreed, delivery will take place after receipt of the invoice amount.

5.2. If the delivery of the goods fails due to the fault of the buyer, despite three  delivery attempts have been made, the seller can withdraw from the contract. Any payments made will be reimbursed to the customer immediately.

5.3. If the ordered product is not available because the seller is not supplied by his supplier through no fault of his own, the seller may rescind the contract. In this case, the seller will inform the customer immediately and, if necessary, propose the delivery of a comparable product. If no comparable product is available or the customer does not wish to receive a comparable product, any payments that have been made will be reimbursed immediatly

5.4. Customers are informed about delivery times and delivery restrictions (for example, limitations on deliveries to certain countries) on a separate information page or within the relevant product description.

6. Payment arrangements

6.1. The customer can choose from the available payment methods within and before the order process. Customers are informed about the available payment methods on a separate information page.

6.2. If payment by invoice is possible, payment must be made within 30 days of receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.

6.3. If third-party providers are charged with payment processing, e.g. Paypal, their terms and conditions apply  .

6.4. If the due date of the payment is determined according to the calendar, the customer is already in delay by default of the appointment. In this case the customer has to pay the statutory default interest of 4%.

6.5. The obligation of the customer to pay default interest does not exclude the assertion of further damages by the seller.

6.6. The customer is only entitled to offset if his counterclaims have been legally established or recognized by the seller. The customer can only exercise a right of retention if the claims result from the same contractual relationship.

7. Retention of title

Until full payment, the delivered goods remain the property of the seller.

8. Warranty and guarantee

8.1. The warranty is determined by legal regulations.

8.2. A warranty for the goods delivered by the seller only exists if this has been expressly stated. Customers are informed about the warranty conditions prior to initiating the order process.

9. Liability

9.1. The following exclusions and limitations of liability apply to the seller’s liability for damages, without prejudice to the other statutory eligibility requirements.

9.2. The seller is liable without limitation, as far as the cause of damage is based on intent or gross negligence.

9.3. Furthermore, the seller is liable for the slightly negligent breach of material obligations whose breach jeopardizes the achievement of the purpose of the contract, or for the breach of duties whose fulfillment enables the proper execution of the contract in the first place and whose compliance the customer regularly trusts. In this case, however, the seller is liable only for the foreseeable, contract-typical damage. The seller is not liable for slightly negligent breaches of obligations other than those specified in the preceding sentences.

9.4. The above limitations of liability shall not apply to injury to life, limb or health, to a defect after accepting a guarantee for the quality of the product and fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.

9.5. As far as the liability of the seller is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.

10. Storage of the contract text

10.1. The customer can print the contract text before placing the order by using the print function of his browser in the last step of the order.

10.2. The seller also sends the customer an order confirmation with all order data to the e-mail address provided by him. With the order confirmation, the customer also receives a copy of the terms and conditions together with the right of revocation and references for shipping costs, delivery and payment. If you have registered in our shop, you can see your order in your profile. In addition we save the contract text, but make it inaccessible on the internet.

11. Final provisions

11.1. Court of jurisdiction is the domicile of the seller, if the customer is a merchant, a legal entity under public law or a special fund under public law.

11.2. Contract language is German.

11.3. European Commission Online Dispute Resolution  platform for consumers: http://ec.europa.eu/consumers/odr/. We are not willing and obliged to participate in a dispute settlement procedure in front of a consumer arbitration board.