General terms and conditions of business
Terms and conditions with customer information
Table of contents
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1. Scope
2. Conclusion of the contract
3. Right of withdrawal
4. Prices and Payment Terms
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects (warranty)
8. Applicable Law
9. Alternative Dispute Resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of Olaf Knopp, trading as "Blue Gull Arrows" (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 For the purposes of these Terms and Conditions, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity. For the purposes of these Terms and Conditions, an entrepreneur is a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.
2) Conclusion of contract
2.1 The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve to enable the customer to submit a binding offer.
2.2 The customer can submit the offer using the order form downloadable from the seller's online shop. After completing the form and sending it to the seller by email or post, the customer submits a legally binding offer to purchase the selected goods.
2.3 The seller may accept the customer's offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive in this respect, or
- by requesting payment from the customer after they have placed their order.
If several of the aforementioned alternatives exist, the contract is concluded at the point in time when one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is considered a rejection of the offer, with the consequence that the customer is no longer bound by their declaration of intent.
2.4 When submitting an offer by sending the order form, the seller saves the contract text and sends it to the customer in text form (e.g., email, fax, or letter) along with these Terms and Conditions after the order has been placed. However, the customer can no longer access the contract text via the seller's website after submitting the order.
2.5 Before submitting a binding order via the seller's order form, the customer can identify potential input errors by carefully reading the information displayed on the screen. An effective technical aid for better identifying input errors is the browser's zoom function, which enlarges the screen display.
2.6 The German language is the only language available for concluding the contract.
2.7 Order processing and communication generally take place via email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at that address. In particular, if using spam filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller for order processing can be delivered.
3) Right of withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the seller's cancellation policy.
4) Prices and payment terms
4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices. Value-added tax (VAT) is not shown, as the seller is a small business within the meaning of the German VAT Act. Any additional delivery and shipping costs will be stated separately in the respective product description.
4.2 The payment option(s) will be communicated to the customer in the seller's online shop.
4.3 If advance payment by bank transfer is agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.4 When paying via a payment method offered by PayPal, payment processing is handled by the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – subject to the terms for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
5) Delivery and shipping conditions
5.1 Unless otherwise agreed, goods will be delivered by mail to the delivery address specified by the customer. The delivery address specified in the seller's order processing system is decisive for the processing of the transaction.
5.2 If the shipping company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs of the unsuccessful shipment. This does not apply if the customer effectively exercises their right of withdrawal, if they are not responsible for the circumstances that led to the impossibility of delivery, or if they were temporarily prevented from accepting the offered service, unless the seller had notified them of the service a reasonable time in advance.
5.3 Self-collection is not possible for logistical reasons.
6) Retention of title
If the seller makes advance payment, he retains ownership of the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
7.1 If the purchased item is defective, the provisions of the statutory warranty for defects shall apply.
7.2 The customer is requested to report any delivered goods with obvious transport damage to the delivery person and to inform the seller accordingly. Failure to do so will not affect the customer's statutory or contractual warranty rights.
8) Applicable Law
All legal relations between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of goods. For consumers, this choice of law applies only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence.
9) Alternative Dispute Resolution
9.1 The EU Commission provides a platform for online dispute resolution at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
9.2 The seller is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
Table of contents
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1. Scope
2. Conclusion of the contract
3. Right of withdrawal
4. Prices and Payment Terms
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects (warranty)
8. Applicable Law
9. Alternative Dispute Resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of Olaf Knopp, trading as "Blue Gull Arrows" (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 For the purposes of these Terms and Conditions, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity. For the purposes of these Terms and Conditions, an entrepreneur is a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.
2) Conclusion of contract
2.1 The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve to enable the customer to submit a binding offer.
2.2 The customer can submit the offer using the order form downloadable from the seller's online shop. After completing the form and sending it to the seller by email or post, the customer submits a legally binding offer to purchase the selected goods.
2.3 The seller may accept the customer's offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive in this respect, or
- by requesting payment from the customer after they have placed their order.
If several of the aforementioned alternatives exist, the contract is concluded at the point in time when one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is considered a rejection of the offer, with the consequence that the customer is no longer bound by their declaration of intent.
2.4 When submitting an offer by sending the order form, the seller saves the contract text and sends it to the customer in text form (e.g., email, fax, or letter) along with these Terms and Conditions after the order has been placed. However, the customer can no longer access the contract text via the seller's website after submitting the order.
2.5 Before submitting a binding order via the seller's order form, the customer can identify potential input errors by carefully reading the information displayed on the screen. An effective technical aid for better identifying input errors is the browser's zoom function, which enlarges the screen display.
2.6 The German language is the only language available for concluding the contract.
2.7 Order processing and communication generally take place via email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at that address. In particular, if using spam filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller for order processing can be delivered.
3) Right of withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the seller's cancellation policy.
4) Prices and payment terms
4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices. Value-added tax (VAT) is not shown, as the seller is a small business within the meaning of the German VAT Act. Any additional delivery and shipping costs will be stated separately in the respective product description.
4.2 The payment option(s) will be communicated to the customer in the seller's online shop.
4.3 If advance payment by bank transfer is agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.4 When paying via a payment method offered by PayPal, payment processing is handled by the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – subject to the terms for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
5) Delivery and shipping conditions
5.1 Unless otherwise agreed, goods will be delivered by mail to the delivery address specified by the customer. The delivery address specified in the seller's order processing system is decisive for the processing of the transaction.
5.2 If the shipping company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs of the unsuccessful shipment. This does not apply if the customer effectively exercises their right of withdrawal, if they are not responsible for the circumstances that led to the impossibility of delivery, or if they were temporarily prevented from accepting the offered service, unless the seller had notified them of the service a reasonable time in advance.
5.3 Self-collection is not possible for logistical reasons.
6) Retention of title
If the seller makes advance payment, he retains ownership of the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
7.1 If the purchased item is defective, the provisions of the statutory warranty for defects shall apply.
7.2 The customer is requested to report any delivered goods with obvious transport damage to the delivery person and to inform the seller accordingly. Failure to do so will not affect the customer's statutory or contractual warranty rights.
8) Applicable Law
All legal relations between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of goods. For consumers, this choice of law applies only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence.
9) Alternative Dispute Resolution
9.1 The EU Commission provides a platform for online dispute resolution at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
9.2 The seller is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.