General Terms and Conditions
1. General
(1) The following terms and conditions apply exclusively to all deliveries and services of the user.
All product names are the property of the respective manufacturer. Product illustrations are partly exemplary illustrations and may deviate from the products ordered/delivered.
(2) The Buyer's terms and conditions of purchase shall only be effective if they have been specifically agreed and confirmed in writing by the User. Purchase contracts only come into effect upon written acceptance of the order (order confirmation) or upon acceptance of the goods by the customer, if applicable only after expiry of the cancellation/return period. An email that is not signed is sufficient to fulfil the written form requirement.
2. Delivery and Reservation of Delivery
(1) Stock items are generally delivered one day after receipt of the order. If items are ordered that are not in stock, delivery will take place at the earliest one day after self-supply. This will generally be on the fourth to sixth day after receipt of the order. Deliveries by the seller are always subject to the seller's full and timely delivery and that the seller is not responsible for the unavailability of the item.
(2) The assertion of damages is excluded unless there is gross negligence or willful intent on the part of the seller. If a specific article or replacement article is not available, the seller is entitled to refuse delivery. The seller will inform the buyer of the unavailability immediately.
3. Postage and packaging costs
(1) A flat rate of EUR 10.45 will be charged for postage and packaging.
4. Prices
(1) All prices quoted by the seller on his website are end customer prices in EUR and include statutory sales tax. These prices are only valid for e-commerce orders.
(2) The prices applicable at the time of the order always apply.
5. Right of Return
(1) Only for legal transactions concluded by a consumer within the meaning of German law, the seller grants the statutory right of return within one month, without the consumer being required to provide a reason for the return.
(2) The period begins at the earliest upon receipt of this instruction or at the time of receipt of the delivery; it is met by sending the complete, unused, and undamaged goods to the seller (company name and address according to the purchase contract).
(3) The purchase contract therefore only becomes finally effective after the expiry of the return period following delivery.
(4) The right of return does not apply to items that the seller does not have in stock and that were procured by the seller at the express request of the customer.
(5) In the event of a return by the buyer, the purchase price and the usual shipping costs incurred by mail will be refunded. Costs for other modes of transport will not be refunded.
Shipments sent freight collect will not be accepted by the seller and will be returned at the buyer's expense. Shipments must therefore be adequately stamped. Shipments sent freight collect and postage deficiencies are considered improperly dispatched and may therefore not be considered to meet the deadline, unless the seller exceptionally accepts the return.
(6) If damaged or defective items are returned, the buyer is obligated to pay compensation to the seller. The buyer bears the transport risk for the return shipment.
Refusal of Acceptance
If the buyer refuses to accept the ordered goods without previously canceling the purchase contract, a flat-rate processing fee of EUR 25.00 plus postage and packaging costs per shipment will be charged. These costs will be billed separately to the buyer; the invoice is due immediately without granting a payment term.
6. Retention of title
(1) All goods delivered by the seller remain his property until full payment of the purchase price and until full settlement of all claims resulting from the business relationship (extended retention of title).
Under no circumstances is any disposal of the goods subject to retention of title permitted (e.g. by sale, pledging, transfer by way of security, donation, transfer for use).
(2) Should the buyer dispose of the purchased item in breach of contract, the purchase price paid or to be paid, or any other payments received or to be received from the purchaser, shall replace the goods. The buyer hereby assigns to the seller all claims arising from any sale. The buyer is not authorized to collect these claims. Within the scope of the assignment, the buyer must cooperate in disclosing the assignment to the purchaser and induce the purchaser to pay or perform the payment to the seller. In view of the extended retention of title (advance assignment of the respective purchase price claim), any assignment to third parties, in particular to a credit institution, is contrary to contract and therefore inadmissible. The seller is entitled at any time to examine the buyer's sales documents and to inform his customers of the assignment.
(3) In the event of seizure of the goods from the buyer, the seller must be informed immediately by sending a copy of the execution record and an affidavit that the seized goods are the goods delivered by the seller and subject to retention of title.
(4) The seller's assertion of its rights under the retention of title does not release the buyer from its contractual obligations. The value of the goods at the time of return will only be credited against the supplier's existing claim against the buyer.
7. Terms of Payment
(1) Ordered goods will be delivered by direct debit, PayPal, and advance payment, or, in the case of customers with a customer number, on account.
(2) If the buyer defaults on payment, a fee of EUR 5 per reminder will be charged, as well as default interest of 5% (8% if the customer is an entrepreneur, a legal entity under public law, or a special fund under public law) above the respective base interest rate announced by the Deutsche Bundesbank.
8. Warranty/Technical Information
(1)The warranty period for items sold by the seller is two years. The warranty period begins on the date of delivery. If the buyer is an entrepreneur, a legal entity under public law, or a special fund under public law, the warranty period is one year.
(2) If the purchased item is a used item, the warranty period is one year.
(3) The buyer is obligated to notify the seller of any obvious defects in writing within two weeks of receipt of the goods. After this period, the assertion of obvious defects is excluded.
(4) Any technical information provided by the seller is manufacturer's information; this information is provided without guarantee.
(5) The seller assumes no liability for defects resulting from its (continued) use (e.g., assembly or commissioning of the purchased item or malfunctions caused by assembly/commissioning or their rectification).
(6) Exclusion of warranty: grossly negligent use, improper handling, repair attempts by unauthorized persons, failure to comply with the specifications in the assembly instructions. Consequential/further damages are generally excluded.
9. Data Protection
(1) The data required to process the order will be stored and treated confidentially in compliance with the provisions of the Data Protection Act.
We collect, process, and use your data only if you give your consent or if a legal provision permits processing or use. Only data that is necessary for the implementation and use of our services or that you provide to us voluntarily will be collected, processed, and used.
Personal data
Personal data refers to all data that contain information about the personal or factual circumstances of a specific or identifiable customer (hereinafter: “data”). This includes, for example, your name, email address, home address, gender, date of birth, telephone number, or age.
We need your data for the following purposes:
Order: To process your orders
Catalog: To order and deliver our catalogs
Newsletter/Offers by Email: To order and deliver our newsletter or certain offers by email
Objection
You can object to the use, processing, and transmission of your data for marketing purposes (e.g., sending catalogs, newsletters, or offers) at any time by letter to Präzise Jagen GmbH, Ehekirchener Str. 20, 86669 Klingsmoos, Fax 08433 8403, Tel. 08433 8401, or email to info@praezise-jagen.de. Following an objection, we will use your data exclusively to process the order and will stop sending you any further advertising material, including our catalogs.
(2) However, the seller reserves the right to transmit data for the purpose of credit checks. The buyer is entitled to revoke this consent at any time.
10. Place of performance
The place of performance for all obligations arising from the contractual relationship, including any warranty claims, is the seller's registered office.
11. Place of jurisdiction
If the buyer is an entrepreneur or a legal entity under public law or a special fund under public law, the place of jurisdiction is the seller's registered office.
12. Other Provisions
The invalidity of individual provisions of the underlying contract, including the General Terms and Conditions, does not affect the validity of the remaining provisions.
Declarations of any kind concerning the contractual relationship between seller and buyer must be in writing to be valid, unless otherwise agreed in writing. Written form is particularly required for the waiver of the written form requirement.
The validity of oral agreements always requires immediate written confirmation. If this is not provided, the oral agreement is deemed not to have been made.
13. Information in accordance with the Distance Selling Act
Due to the existing legal obligation (Distance Selling Act) to provide information to sellers who conclude their transactions exclusively through the use of distance communication means, the following is stated:
a) Provider Identification
The offer identified at the internet address www.praezise-jagen.de is that of Präzise Jagen GmbH, Franz X. Weigl, Ehekirchener Straße 20, 86669 Königsmoos/Klingsmoos, Tel.: 0049 8433 8401, Fax.: 0049 8433 8403
b) Conclusion of Contract:
The buyer waives receipt of a declaration of acceptance (Section 151 (1) of the German Civil Code). After submitting the order by clicking on the corresponding "Submit order" button, the customer immediately receives an email containing the order. The customer’s order becomes effective upon receipt of this confirmation, but at the latest upon receipt of the delivery.
c) Delivery Reservation
Should, in exceptional circumstances, an item ordered by the buyer be unavailable, or the delivery period exceeds four weeks since confirmation, the seller will inform the buyer of the exact delivery date as soon as possible, or alternatively that delivery cannot be made.
d) Prices and Additional Costs
All prices quoted are end customer prices in euros and already include statutory sales tax. The prices at the time of the order always apply. A flat rate of EUR 9.95 is generally charged for postage and packaging.
e) Right of Return
The seller grants the statutory right of return of one month without stating reasons exclusively for legal transactions concluded by a natural person for purposes that cannot be attributed to their commercial or independent professional activity. This period begins upon receipt of delivery and is met by timely dispatch of the goods to the seller (headquarters of the branch). The purchase contract only becomes effective after the expiry of the period.
Excluded from the right of return are items that the seller does not have in stock and were procured at the customer's special request.
If damaged or defective goods are returned, the seller is entitled to claim damages from the buyer.
The purchase price of the returned goods and the postage costs (according to the rates of Deutsche Post AG) will be refunded by the seller in any case. Costs for other modes of transport will not be reimbursed by the seller. Returns sent freight collect will not be accepted by the seller and will be returned at the buyer's expense. Particular care must be taken to ensure that the shipment is sufficiently stamped.
f) Data Protection
The data required to process the order will be stored and treated confidentially in compliance with the provisions of the Federal Data Protection Act. However, the seller reserves the right to transmit data to other companies and credit agencies for the purpose of credit checks.
14. Cancellation policy §312d BGB for distance selling contracts
Right of cancellation:
You can cancel your contract within one month without stating reasons in text form (e.g. letter, fax, email) or by returning the goods. The period begins at the earliest upon receipt of this instruction and receipt of the goods. To comply with the cancellation period, it is sufficient to send the cancellation (or the goods) in good time. The address for the cancellation (or the return of the goods) is Präzise Jagen GmbH, Ehekirchener Straße 20, 86669 Königsmoos/Klingsmoos.
Consequences of cancellation:
In the event of an effective cancellation, the services (or goods) received by both parties must be returned and any benefits derived from them must be surrendered. If the received service (or goods) cannot be returned in whole or in part or can only be returned in a deteriorated condition, compensation must be paid in this respect. This does not apply to goods insofar as the deterioration is solely due to inspection of the goods.
Explanations:
Section 355, Paragraph 2, Sentence 1 of the German Civil Code (BGB) stipulates a period of one month for the standard case of cancellation. According to Section 355, Paragraph 2 of the BGB in conjunction with Section 312d of the BGB, the cancellation period for distance selling contracts only begins upon receipt of the goods by the recipient and, in addition, not before sending clearly worded instructions on the right of cancellation, which must contain at least the following information:
- Name and address of the person to whom the cancellation is to be declared
- Information on the start and duration of the period and the requirements for compliance with the period
- Requirements for an effective cancellation
- Consequences of cancellation
Terms and Conditions for the Instagram Contest
1. Scope/Instagram Indemnity
These terms and conditions apply to all contests we conduct via the Instagram profile under "Präzise Jagen GmbH." This promotion has no connection with Instagram and is in no way sponsored, supported, or organized by Instagram. All information relating to the competition is provided exclusively by Präzise Jagen GmbH as the organizer of the competition and is the data controller within the meaning of the General Data Protection Regulation (GDPR).
2. Eligible Participants/Participation
By participating in the competition, the Instagram user expressly accepts these general terms and conditions of participation. Both customers and non-customers of Präzise Jagen GmbH are eligible to participate. Employees of Präzise Jagen GmbH and their relatives are excluded from participation. The competition begins at the time of publication on our Instagram profile. Participation is only possible until the specified drawing time. Please refer to the competition details on our Instagram profile in the respective competition post for the relevant times. Depending on the competition, participation is possible, for example, by liking a post on our Instagram timeline or commenting on it.
3. Prizes/Winning Determination/Prize Presentation
The prize will be stated in the respective competition post. Only non-cash prizes will be awarded. Payment of the prize value in cash or exchange of the prize is excluded. The right to the prize is non-transferable. The winners will be randomly selected immediately after the competition ends. In guessing questions, the winners will be those who come closest to the underlying answer. The winners will generally be notified via a personal message on Instagram. Each winner must contact the "Präzise Jagen GmbH" page via Instagram message within 5 working days. If a winner does not respond within this period, a new winner will be selected.
4. Data Protection
All participants' Instagram names will be recorded and stored solely for the purpose of determining the winner. All personal data will be deleted no later than 30 days after the end of the competition; however, comments on Instagram will remain and remain publicly visible. Participants are entitled to statutory rights to information, changes, and revocation. The participant may revoke their declared consent to the use of personal data at any time. The revocation must be sent in writing to the address of Präzise Jagen GmbH stated in the imprint. After revoking consent, the collected and stored personal data will be deleted immediately. Participation in the competition will then no longer be possible.
5. Early Termination of the Competition
The organizer reserves the right to change the competition components, cancel the competition, or terminate the competition without prior notice due to unforeseen circumstances. The latter applies in particular if software and/or hardware errors occur, and/or other technical and/or legal reasons affect or make the regular and proper conduct of the competition impossible.
6. Miscellaneous
Legal recourse is excluded. German law applies exclusively. Should any of these provisions be or become invalid, the validity of the remaining terms of use remains unaffected. These terms of use may be amended by Präzise Jagen GmbH at any time without separate notification.