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General Terms and Conditions and Information Requirements
Information requirements under distance selling law and general terms and conditions for the purchase of goods via www.us-army-military-shop.de.
Address:
Globeworks GmbH
Unterkollbacher Str. 10
75394 Oberreichenbach
Hereinafter referred to as: Seller
§ 1 Scope of application
For contracts for the purchase of goods between the Seller and customers who use the web shop at www.us-army-military-shop.de, the following information requirements under distance selling law and the General Terms and Conditions in the version valid at the time of conclusion of the contract apply.
§ 2 Company information + contractual partner
The customer's contractual partner is:
Globeworks GmbH
Unterkollbacher Str. 10
75394 Oberreichenbach
Tel.: 015252006327
Email: info@m201.de
§ 3 Essential characteristics of the goods
(1) The essential characteristics of the goods are contained in the descriptions of the respective items and can be accessed on the seller's website at www.us-army-military-shop.de.
(2) The goods are imported goods. The customer is advised that the installation of such goods, particularly in vehicles, may lead to the expiry of the general operating licence. When purchasing vehicle parts and accessories in particular, the customer is advised to have the delivered parts installed by a suitably qualified specialist workshop.
§ 4 Conclusion of contract + Language + Storage of the contract text
(1) The offers made by the seller on the website www.us-army-military-shop.de constitute a non-binding invitation to the customer to order goods. The customer's order constitutes an offer to conclude a purchase contract with the seller. After placing an order, the customer will receive an electronic confirmation of receipt of their order. This confirmation of receipt does not constitute acceptance of the customer's offer to conclude a purchase contract, but only contains information about the receipt of the order. The contract is concluded when the seller accepts the order in writing or by email or by delivering the goods to the customer within one week of receiving the order.
(2) The contract language is German.
(3) The customer can identify and correct input errors during the ordering process.
(4) The contract text is stored after conclusion of the contract as part of contract processing. The contract text can be made available to the customer upon request.
§ 5 Prices + shipping costs + return costs
(1) All prices are in EURO and include statutory value added tax and exclude shipping costs. The shipping costs are communicated to the customer on the product pages, in the shopping basket system and again on the order page.
(2) The costs of returning the goods in the event of a revocation of the contract in accordance with § 9 of these provisions shall be borne by the customer in accordance with the provisions contained therein.
§ 6 Payment methods
The following payment methods are available:
- Prepayment
- PayPal
- Instant transfer
- Credit card
§ 7 Offsetting + right of retention
(1) The customer shall only be entitled to offset if their counterclaims have been legally established by a court of law or are undisputed or have been recognised in writing by the seller.
(2) The customer may only exercise a right of retention if their claims result from the same contractual relationship.
§ 8 Delivery conditions
(1) If delivery against prepayment has been agreed, the goods will be dispatched within 3 working days of receipt of the purchase price. Otherwise, the goods will be dispatched within 3 working days of acceptance of the order, unless the order has already been accepted by dispatching the goods.
(2) The start of the delivery period specified by the seller is subject to the timely and proper fulfilment of the customer's obligations. This includes, in particular, the correct and complete specification of the customer's delivery address.
(3) If not all of the products ordered are in stock, the seller is entitled to make partial deliveries at its own expense, provided this is reasonable for the customer.
(4) If, in individual cases, the ordered goods cannot be delivered on time or at all due to non-delivery by one of the seller's suppliers, the customer shall be informed of this by the seller without delay. In such a case, the customer is free to wait for the ordered goods or to withdraw from the contract. If delivery is impossible, both parties are entitled to withdraw from the contract. In the event of withdrawal, any consideration already paid by the customer shall be refunded by the seller without delay.
(5) If delivery of the goods fails despite two attempts, the seller may withdraw from the contract. Any payments made will be refunded to the customer immediately, whereby the costs of the unsuccessful deliveries shall be borne by the customer if the customer is at fault, for example because the delivery address provided by the customer was incorrect or incomplete or because the customer did not collect the goods despite being notified.
§ 9 Warranty
The statutory warranty provisions apply.
§ 10 Liability
(1) The customer's claims for damages or reimbursement of futile expenses shall be governed by this clause, regardless of the legal nature of the claim.
(2) The seller shall be liable without limitation for damages resulting from injury to life, limb or health caused by a negligent breach of duty on the part of the seller or an intentional or negligent breach of duty on the part of a legal representative or vicarious agent of the seller.
(3) In the case of other liability claims, the seller shall only be liable without limitation in the absence of the guaranteed quality and for intent and gross negligence, including that of its legal representatives. The seller shall only be liable for the fault of other vicarious agents to the extent of the liability for slight negligence in accordance with paragraph 4 of this liability clause. Claims under the Product Liability Act remain unaffected.
(4) The seller shall only be liable for slight negligence if an obligation is breached whose fulfilment is of particular importance for achieving the purpose of the contract (cardinal obligation). In the event of a breach of a cardinal obligation, liability shall be limited to such damages as must typically be expected to occur within the framework of the respective individual contract.
§ 11 Retention of title
The goods remain the property of the seller until full payment has been made. Prior to the transfer of ownership, pledging, transfer by way of security, processing or alteration is not permitted without the seller's consent.
§ 12 Conflict with other terms and conditions
If the customer also uses general terms and conditions, the contract shall also come into effect without express agreement on the inclusion of general terms and conditions. Insofar as the various general terms and conditions agree in content, they shall be deemed to have been agreed. Conflicting individual provisions shall be replaced by the provisions of dispositive law. The same applies in the event that the contractual partner's terms and conditions contain provisions that are not included in these terms and conditions. If these terms and conditions contain provisions that are not included in the contractual partner's terms and conditions, these terms and conditions shall apply.
§ 13 Deviating conditions for contracts with companies within the meaning of § 14 BGB
If the customer is an entrepreneur within the meaning of § 14 BGB, the following deviations from the above terms and conditions shall apply to him:
1. The right of revocation pursuant to § 9 does not apply.
2. The customer must inspect the goods immediately and notify the seller of any defects found without delay.
3. The warranty is limited to 12 months.
§ 14 Place of jurisdiction, choice of law
(1) The place of jurisdiction for all disputes arising from the contractual relationship shall be, insofar as agreed, the place of jurisdiction at the registered office of the seller.
(2) The place of jurisdiction of the seller is agreed as the place of jurisdiction in the event that the customer does not have a general place of jurisdiction in Germany or the customer moves his place of residence abroad after conclusion of the contract or the customer's place of residence is unknown at the time the action is brought.
(3) The contracting parties agree that the law of the Federal Republic of Germany shall apply to all legal relationships arising from the contractual relationship, excluding the UN Convention on Contracts for the International Sale of Goods.
