General Terms and Conditions (T&Cs)

 

These General Terms and Conditions (T&Cs) apply to all business relationships between Blaser Group GmbH, Ziegelstadel 1, 88316 Isny im Allgäu, Germany, or its affiliated companies in accordance to §§ 15 of the German AktG (Blaser GmbH, J.P. Sauer & Sohn GmbH, Mauser GmbH, Liemke GmbH & Co. KG, Minox GmbH) - hereinafter referred to as "Supplier" - and any natural or legal person who concludes legal transactions as a consumer, hereinafter referred to as "Customer".

(1) The version of the following General Terms and Conditions of Business, which is valid at the point in time when the purchase order is placed, applies solely to the business relationship between the supplier and the customer. The customer’s diverging terms and conditions will not be recognized unless the supplier expressly consents to their validity in writing.

(2) The customer is the consumer, insofar as the purpose of the ordered supplies and services cannot be ascribed to his commercial or independent professional activity (Article 13 of the German Civil Code). On the other hand, the businessman is any natural person or legal entity, or legally competent association without an independent legal existence (i.e., an unincorporated firm or partnership), which acts by means of exercising its commercial or independent professional activity when concluding the contract (Article 14 of the German Civil Code).

(1) The customer can choose various products from the supplier’s assortment, especially thermal optics and accessories, (referred to collectively as “products” hereinafter) and he can pick these products via the “In the shopping basket” button. He places a binding order for buying the goods that the shopping basket contains via the “Order with obligatory payment” button. The customer can alter and examine the data at any time before sending off the purchase order. However, the order can only be placed and transmitted if the customer accepts these contractual conditions by means of placing a tick against the field of choice entitled “Accept the General Terms and Conditions of Business” and he has incorporated them in his order as a result. The General Terms and Conditions of Business can be called up via a hyperlink before placing the tick; they can also be stored as a pdf data file or printed out, or both. The same rule applies to the information about any right of cancellation that could exist.

(2) The supplier then sends an automatic acknowledgement of order by e-mail to the customer, in which the customer’s purchase order can be called up again and which the customer can confirm via the function of “Print out the acknowledgement of order now”. The automatic acknowledgement of order (called the “acknowledgement of order”) merely documents that the customer’s order has been received by the supplier; it does not represent any acceptance of the order. The contract will only materialize by means of the supplier declaring the acceptance (called the “acceptance of order”), which is sent by a separate e-mail one day at the latest after forwarding the acknowledgement of or-der.

(3) The customer has the possibility of recognizing and correcting any input mistakes as follows, be-fore issuing the contractual declaration. The customer can alter his personal data via the “Alter” button on the “Check and order” page before concluding the contract. It is also possible to alter the number of articles and to delete the articles via buttons.

(1) Deliveries are only possible to delivery addresses within the European Union. Deliveries to any other countries are subject to prior feasibility check.

(2) The periods of delivery that we quote are calculated from the point in time when our confirmation of order is sent and they are quoted for the respective article on the online shop’s home page.

The delivered goods remain in the supplier’s ownership until the customer has paid for them in full.

(1) All of the prices that are quoted on the supplier’s website are understood to include the respectively valid rate of statutory turnover tax.

(2) The supplier charges an all-inclusive despatch cost per purchase order in Euro, as follows:

(3) The goods are despatched by the postal service. The supplier bears the risk of despatch whenever the customer is a consumer. The delivery will be made EXW (ex-works) from the supplier’s place of business if the customer is a businessman. (Incoterms 2020).

(4) Products that cannot normally be despatched by post on account of their size or weight are despatched by a haulage contractor. The following all-inclusive despatch rates apply per consignment in these cases.

300,00 € for delivery by a haulage contractor to Germany

600,00 € for delivery by a haulage contractor to Austria or Switzerland

Shipment Costs for other countries upon request.

(5) The import customs clearance (i.e. importduties and importtaxes) in the country of destination are borne by the customer. 

(1). Individual products offered on the portal www.minox.com, require a proof of the age of 18 years at the time of purchase. The possibility of sale and delivery of those products is therefore only possible by proof of age that the purchaser is older than 18 and takes place exclusively within the Federal Republic of Germany. The type of despatch like ‘DHL recorded delivery’ ensures that the despatch will actually be received solely by the identity card’s holder and only via the postal service after the proof of age has been provided.

(2) All of the products that we offer are freely saleable and they are not subject to any duty of notification.

(3) All of the products that are labelled with the clear advice of “Proof of age” or “available only to holders of a  special license” in the respective offer’s text on the portal at www.minox.com (e. g. special kinds of night vison devices) will only be issued by the supplier to persons who are over 18 years or holders of a special license. Therefore, the customer is obligated within the framework of the first purchase order to send us a copy of the identity card (front and back sides) or passport which he has signed personally. Sending of a scanned copy (.jpg or .pdf file) by e-mail to shop@minox.com is possible. The proof of age will only be required for confirming and establishing the date of birth or the customer’s age once and in connection with the proof; then the supplier will destroy the copy immediately. The provisions about data protection apply according to Article 11. If a diverging delivery address is requested, then the supplier will require the recipient’s proof of age. It is impossible to deliver to a packing station or a parcel shop.

The purchase of products requiring a special license issued by BKA customer is forced to provide the original of such special license prior to the first order. Same requirement is mandatory when purchasing a product requiring a license to acquire (e.g. hunting license). Provision of a scanned copy is possible, but will delay the ordering process by far.

(4) The holder of the identity document or the holder of the special will actually receive the despatch solely by means of the postal service with the type of despatch like “DHL recorded delivery”.

 

(1) The customer has the discretion to choose to pay the supplier for the products solely by cash in advance, payment by Unzer (www.unzer.com), PayPal or by credit card. If the customer is a businessman, then he can additionally choose an invoice as the means of payment. The arrangements for payment are shown as follows, according to the method of payment that the customer chooses.

The customer receives an order confirmation, as described above by Article 2 (2). PLEASE DO NOT PAY IN ADVANCE ON THE BASIS OF THE ORDER CONFIRMATION! The order will be processed by the provider as soon as possible. The supplier will then send the customer a order confirmation by e-mail, which contains the provider's bank details, the total amount and the purpose of payment. PLEASE MAKE AN ADVANCE PAYMENT TO THE PROVIDER ONLY AFTER RECEIVING THIS ORDER CONFIRMATION AND THE INFORMATION CONTAINED THEREIN. In the case of orders against prepayment, the goods will be delivered to the customer only after the full payment has been received by the supplier. The supplier does not reserve the respective products until the payment is received. If the ordered products are sold out in the meantime, the provider will inform the customer immediately about this and return the payment.

Please note: It is only possible to use PayPal payments for orders to an maximum amount of 600,00 € if there was no special agreement with supplier prior written.

 

When using the payment method PayPal, the customer is automatically redirected to the payment form of PayPal after the order. As a registered PayPal customer, the customer can log in there using the user data stored at PayPal and will make the payment. If the customer makes a payment by selecting the PayPal payment system, the order will be processed by the provider as soon as the receipt of payment has been booked.

Delays can occur in some cases, which are caused by processing faults or similar malfunctions that depend upon the system that PayPal uses. The supplies does not have any influence on these delays and he is not responsible for them.

For more information: www.paypal.com

The customer notifies the card’s 16 digit number , as well as the date of expiry and the institute that issued the card (VISA, American Express, Mastercard). Please note while doing so that the customer and the card holder must be identical. We will only make the delivery to the credit card holder.

For entrepreneurs within the meaning of § 14 BGB, there is the possibility of purchasing on account. With this payment term, the entire invoice amount has to be paid within the specified payment period after shipment of the goods. The Payment has to be made by bank transfer to the bank account specified on the invoice. Mandatory information for payment: order number and customer number. It is expressly pointed out that cash or checks are not accepted. In case of loss, no liability will be assumed.

With the payment method "Sofort", the payment is processed via the payment service provider Klarna. After selecting the country and the bank, you must log in with the respective online banking data. An encrypted data transmission to the respective bank takes place. Some banks send an additional confirmation pin to confirm a transaction. As soon as the transfer was successfully, the provider receives a confirmation and immediately initiates the order.

For more information https://www.klarna.com/sofort/.

If the SEPA direct debit payment method is selected, the invoice amount shall be due for payment after a SEPA direct debit mandate has been issued, but not before expiry of the period for advance information. The direct debit shall be collected when the ordered goods leave the supplier's warehouse, but not before the expiry of the deadline for the advance information. Pre-notification is any communication (e.g. invoice, policy, contract) from the supplier to the customer announcing a debit by SEPA Direct Debit. If the direct debit is not honoured due to insufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the direct debit although he is not entitled to do so, the customer shall bear the fees incurred by the respective credit institution as a result of the chargeback if he is responsible for this. The Provider reserves the right to carry out a creditworthiness check when the SEPA Direct Debit payment method is selected and to reject this payment method in the event of a negative creditworthiness check.

 (2) When selecting all payment methods, personal data (first name, last name, address, email, telephone number, date of birth, IP address, gender) will be transmitted to our partner: Unzer E-Com GmbH for the purpose of processing these payment methods. In order to verify the identity or creditworthiness of the customer, our partner carries out queries and obtains information from publicly accessible databases and credit agencies. The providers from which information and, if applicable, creditworthiness information is obtained on the basis of mathematical statistical methods, as well as further details on the processing of your data after transfer to our partner

Unzer E-Com GmbH

Vangerowstrasse 18

69115 Heidelberg

Tel: 0049 (0) 6221 64 71 100

Fax: 0049 (0) 6221 64 71 999

E-Mail: support@unzer.com

please refer to its privacy policy, which you can find here:

https://www.unzer.com/en/datenschutz/ as well as our privacy policy.

 (3) The purchase price becomes due for payment immediately when the contract is concluded. If the due date for payment is determined according to the calendar, then the customer will already fall into arrears when the deadline is missed. He has to pay the supplier interest on the arrears at the rate of 5 percent above the basic rate in this case.

(4) The customer’s obligation to pay the interest on arrears does not exclude the supplier from asserting further damages due to default.

(1) The supplier is liable for defects according to the legal regulations that apply concerning this matter; especially Article 434 et seq. of the German Civil Code. The liability for compensatory damages is determined solely according to Section 9 of these General Terms and Conditions of Business. The duty of warranty for the products that the supplier delivers as well as for the articles that are used for the delivery is valid for 12 months vis-à-vis a businessman.

(2) In addition to the statutory warranty, the products are covered by a 24-month manufacturer's guarantee granted by supplier valid from the date of delivery to the customer. The manufacturer's guarantee mentioned in sentence 1 is only granted by supplier if the customer has purchased the goods directly from the supplier.

(3) An additional guarantee only exists for the goods which the supplier delivered if this guarantee has been expressly given by supplier in the confirmation of order about the respective article. The agreed quality of the article does not represent any information about a guarantee that the supplier gives vis-à-vis the customer.

 

(1) The customer’s claims to compensatory damages are basically excluded, except for the custom claims to compensatory damages that arise from injury to life, limb or health, or those which (I) arise from infringing essential contractual duties (cardinal duties), as well as (II) the liability for other damages that are based upon a deliberate or grossly negligent infringement of duty by the supplier, his legal representatives or agents (e.g., sub-contractors). Essential contractual duties (cardinal duties) are those duties which must be fulfilled firstly in order for the contract to be implemented at all and which the customer is allowed to trust will be complied with.

(2) In the case of infringing essential contractual duties (cardinal duties), the supplier is only liable for the contractually typical and foreseeable damages whenever these damages have been caused by simple negligence, unless the matter concerns the customer’s claims for compensatory damages arising from an injury to life, limb or health.

(3) The limitations of Paras. 1 and 2 also apply in favour of the supplier’s legal representatives and agents whenever any claims are made against them directly.

(4) The supplier’s liability according to the regulations of the Product Liability Law remains unaffected.

(1) Right of cancellation

The customer has the right to cancel this contract within fourteen days without giving any reasons. The period cancellation begins with the day on which the customer, or a third party who is designated by the customer and who is not the haulage contractor, have taken possession of the goods.

The following provision applies to the case of a contract for several goods, which the customer has ordered within the framework of a standardized purchase order and which will be delivered separately: the period of cancellation is fourteen days from the day on which the customer, or a third party who is designated by the customer and who is not the haulage contractor, have taken possession of the goods.

The customer has to inform the supplier (Blaser Group GmbH, Ziegelstadel 1 88316 Isny im Allgäu, Tel.: +49 (0)7562 61894 75; Email: shop@minox.com) by means of making a clear declaration in order to exercise the right of cancellation (e.g., a letter that is sent by post, fax or e-mail) about the decision to cancel this contract. The Encloses copy of the cancellation form can be used for this purpose but this method is not prescribed.

To comply with the cancellation period, it is sufficient to send a notification of the exercise of the right of cancelation before the expiry of the cancelation period.

(2) Consequences of the cancellation

In Case of cancelation, the supplier refunds all of the payments which were received, including the costs of delivery (except for the extra costs that arise from choosing a type of delivery other than the most economical standard delivery which were offered), immediately or fourteen days by the latest from the day on receiving the notification about canceling this contract. The supplier will utilize the same payment for this repayment as used with the original transaction, unless something else will be agreed expressly; the customer will not be charged because of this repayment in any case. The supplier can refuse the refund until the supplier has received the goods.

The goods has to send back or hand them over to

immediately or in any case within fourteen days at the latest from the day of informing about the cancellation of this contract. The time limit will be complied with if sending the goods before the time limit of fourteen days expires.

Supplier bears the direct costs of returning the goods. The following provision applies to the case that the goods cannot be sent back normally by post on account of their quality: the consumer bear the direct costs of returning the goods. The costs are estimated to be about 300,00 € maximum in the case of a return within the Federal Republic of Germany or about 600,00 € maximum in the case of a return from Austria or Switzerland.

The customer only have to pay for any lost value of the goods if this lost value is attributable to handling of the goods in a way that was unnecessary for checking their quality, specific characteristics and functionality.

(1) A right of cancellation does not exist in the following contracts.

1. Contracts for supplying goods that are not prefabricated and for which an individual choice or specification by the customer is decisive for manufacturing them, or which are clearly tailored to suit the customer´s personal requirements.

2. Contracts for supplying goods that can perish quickly or that have a sell-by date (i.e., shelf life) which would be exceeded quickly.

3. Contracts for supplying newspapers, magazines or illustrated literature except for subscription agreements.

(2) An originally existing right of cancellation expires in the case of the respectively stated contracts and subject to the following prerequisites.

1. Contracts for supplying sealed goods that are unsuitable for return due to protecting health or hygiene, if their seals have been removed after the delivery.

2. Contracts for supplying goods if these goods have been inseparably mixed with other goods on account of their quality after the delivery.

3. Contracts for supplying audio or video recordings or computer software in a sealed package, if the seal has been removed after the delivery.

 

(1) Some of the supplier’s products contain batteries, e.g., for operating articles like lamps, conical signaling beacons, searchlights, etc. Accumulators or batteries are sometimes a fixed part of the products. The supplier is obligated to advise our customers about the following matters in connection with selling or marketing these products, according to Article 18 of the German Battery Law (BattG).

(2) The disposal of batteries in the household waste is expressly prohibited to the customer according to the Battery Act in conjunction with the Battery Ordinance. Please dispose of the old batteries that you have acquired from the supplier in a way that is legally prescribed, by taking them to a communal collection point or giving them back non-remuneratively to the shop where you bought them. You can send back non-remuneratively the batteries that you received from the supplier to the following address, or send them back to the supplier by post in a parcel that is adequately stamped and franked.

Blaser Group GmbH

Ziegelstadel 1

88316 Isny im Allgäu

Tel.: +49 (0)7562 61894 75

The supplier requests the customer to only send back the batteries or accumulators to the supplier after they have been completely discharged and to ensure that no short circuit can occur with the returned batteries by taking suitable measures, e.g., sticking insulating tape over the poles of the batteries or insulating them in another way.

(3) Only the return form and return label sent by the supplier may be used to return the products. Costs incurred by unfree return may be charged to the customer by the supplier. For the exact procedure of returns, the procedure of a return shown under [link] is to be followed.

If the customer is not a consumer, then the supplier’s duty of information according to Article 312 i, Para. 1, Line 1, Nos. 1 to 3 BGB is expressly excluded, according to which the business-man would be obligated to the customer: 1. to provide reasonable, effective and conventional technical means, with the help of which the customer can recognize and correct inputting mistakes before sending off his purchase order; 2. to provide the information that is specified in Article 246c EGBGB and must be clearly and intelligibly notified to the customer in good time before sending off his purchase order, 3. to provide confirmation immediately by electronic means when his purchase order is received.

(1) The EU Commission has created an internet platform for the online settlement of disputes (so-called "OS platform"). The OS platform serves as a point of contact for the out-of-court settlement of disputes relating to contractual obligations arising from online sales contracts. The OS platform is reachable under the following link: www.ec.europa.eu/consumers/odr

(2) The Blaser Group GmbH will not participate in a dispute settlement procedure before a consumer arbitration board within the meaning of the VSBG and is not obliged to do so.

(1) Contracts between the supplier and the customers shall be governed exclusively by the laws of the Federal Republic of Germany, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. For purposes of interpretation and in case of litigation only the German version of the terms & conditions will be binding.

(2) If the Customer is a businessman, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the supplier shall be the registered office of the supplier, unless a different mandatory place of jurisdiction exists.

(3) The remaining parts of the contract also remain binding in the case that individual points are legally inoperative or invalid. The legal regulations substitute the inoperative or invalid points, insofar as they exist. However, the contract will be inoperative as a whole, insofar as it would be unreasonably hard for a contracting party to fulfil it.

Enclosure:

Specimen copy of the cancellation form

 

(If your want to cancel the contract, then please complete this form and send it back to us)

 

To Blaser Group GmbH, Ziegelstadel 1, 88316 Isny im Allgäu

Fax.: +49 (0)7562 702 271, Email: shop@minox.com

 

I / We (*) herewith cancel the contract that was concluded by me / us (*) about buying the following goods (*) / providing the following service (*)

 

 

Ordered on (*) / Received on (*)

 

 

Name of the consumer(s)

 

 

Address of the consumer

 

 

Signature of the consumer(s) (only in the case that the notification is given on paper)

 

Date

__________

(*) Delete where not applicable.