General terms and conditions and customer information

General terms and conditions and customer information

I. General Terms and Conditions

§ 1 Basic provisions

(1) The following terms and conditions apply to contracts that you conclude with us as a provider ( Bastian Sauernheimer ) via the website https://sauhunt-4710.myshopify.com. Unless otherwise agreed, the inclusion of any terms and conditions you may have used is objected to.

(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that cannot predominantly be attributed to either their commercial or their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

§ 2 Conclusion of the contract

(1) The subject of the contract is the sale of goods and/or the provision of assembly services .

We sell the goods partly or exclusively as a commission agent in our own name on behalf of a third party, i.e. for a third party as the owner of the goods. Regardless of this, we are the contractual partner with all rights and obligations.

(2) When you place the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions stated in the item description.

(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the “shopping cart”. You can use the corresponding button in the navigation bar to access the “shopping cart” and make changes there at any time.
After clicking the “Checkout” or “Continue to order” button (or similar name) and entering your personal data as well as the payment and shipping conditions, the order details will be displayed to you as an order overview.

If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as your payment method, you will either be taken to the order overview page in our online shop or to the website of the provider of the instant payment system forwarded.
If you are forwarded to the respective instant payment system, make the appropriate selection or enter your data there. Finally, the order data will be displayed as an order overview on the website of the provider of the instant payment system or after you have been redirected back to our online shop.


Before sending the order, you have the opportunity to check the information in the order overview again, change it (also using the "back" function of the Internet browser) or cancel the order.
By submitting the order using the corresponding button ("order with payment", "buy" / "buy now", "order with payment", "pay" / "pay now" or similar term) you declare your legally binding acceptance of the offer, whereby the contract comes into effect.
(4) Your requests to create an offer are non-binding for you. We will make you a binding offer in text form (e.g. by email), which you can accept within 5 days (unless another deadline is stated in the respective offer).

(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by email. You must therefore ensure that the email address you provide to us is correct, that receipt of emails is technically ensured and, in particular, that it is not prevented by SPAM filters.

§ 3 Individually designed goods

(1) You provide us with the appropriate information, texts or files required for the individual design of the goods via the online ordering system or by email at the latest immediately after conclusion of the contract. Our possible specifications regarding file formats must be observed.

(2) You undertake not to transmit any data whose content violates the rights of third parties (in particular copyrights, name rights, trademark rights) or violates existing laws. You expressly release us from all third-party claims asserted in this context. This also applies to the costs of the legal representation required in this context.

(3) We do not check the transmitted data for accuracy and therefore accept no liability for errors.

§ 4 Provision of assembly services
(1) If assembly services are the subject of the contract, we owe the assembly work resulting from the service description. We provide this to the best of our knowledge and belief personally or through third parties.
(2) The service is provided on the agreed dates.
(3) You are obliged to cooperate. In particular, at the time the assembly services are provided, you must offer the opportunity to inspect the premises in an accessible and reasonably hazard-free condition. Furthermore, you are obliged to provide us with electrical energy and, if necessary, water if necessary. We are entitled to terminate the part of the contract relating to the provision of assembly services in accordance with Section 643 of the German Civil Code (BGB) if you do not fulfill your obligations to cooperate. To do this, we will give you a reasonable period of time during which you can complete the necessary cooperation.
(4) If you make use of your right of termination in accordance with Section 648 Sentence 1 of the German Civil Code (BGB), we can demand a flat-rate compensation of 10% of the agreed compensation if execution has not yet begun. However, if the statutory right of cancellation exists, this only applies if you only exercise your right of cancellation after the cancellation period has expired. You have the right to prove that we actually incurred no costs or significantly lower costs.
§ 5 Special agreements on offered payment methods

(1) Payment via “PayPal” / “PayPal Checkout”
If you select a payment method that is offered via "PayPal" / "PayPal Checkout", payment will be processed via the payment service provider PayPal (Europe) S.à.rl et Cie, SCA (22-24 Boulevard Royal L-2449, Luxembourg; " PayPal"). The individual payment methods via “PayPal” are displayed to you under a correspondingly labeled button on our website and in the online ordering process. “PayPal” can use other payment services for payment processing; If special payment conditions apply, you will be informed of these separately. Further information about “PayPal” can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full .

(2) Payment via “Mollie”
If you select a payment method offered via "Mollie", payment will be processed via the payment service provider Mollie BV (Keizersgracht 313, 1016 EE Amsterdam, Netherlands; "Mollie").
The individual payment methods via “Mollie” are displayed to you under a correspondingly labeled button on our website and in the online ordering process. “Mollie” can use other payment services to process payments; If special payment conditions apply, you will be informed of these separately. Further information about “Mollie” can be found at https://www.mollie.com/de .
§ 6 Right of retention , retention of title

(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

(3) If you are an entrepreneur, the following also applies:

a) We reserve ownership of the goods until all claims from the ongoing business relationship have been settled in full. Pledging or transfer of security is not permitted before ownership of the reserved goods is transferred.

b) You can resell the goods in the ordinary course of business. In this case, you assign to us all claims in the amount of the invoice amount that arise from the resale and we accept the assignment. You are still authorized to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.

c) If the reserved goods are combined or mixed, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.

d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.

§ 7 Warranty

(1) The statutory liability rights for defects apply.

(2) If you are informed by us before the contract declaration is made and this has been expressly and separately agreed, the limitation period for claims for defects in used goods is one year from delivery of the goods. The above limitation does not apply:

- for culpably caused damages attributable to us resulting from injury to life, body or health and other damages caused intentionally or through gross negligence;
- if we have fraudulently concealed the defect or given a guarantee for the quality of the goods.
(3) As a consumer, you are asked to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to report any complaints to us and the freight forwarder as quickly as possible. If you do not comply with this, this will have no effect on your statutory warranty claims.

(4) If a feature of the goods deviates from the objective requirements, the deviation is only considered agreed if you were informed of the same by us before the contract declaration was made and the deviation was expressly and separately agreed between the contracting parties.

(5) If you are an entrepreneur, the following warranty provisions apply:

a) Only our own information and the manufacturer's product description are deemed to be agreed as to the quality of the goods, but not other advertising, public praise and statements made by the manufacturer.

b) In the event of defects, we will, at our discretion, provide warranty through repair or subsequent delivery. If the defect cannot be remedied, you can either request a reduction in price or withdraw from the contract. The remedy of the defect is deemed to have failed after an unsuccessful second attempt, unless the nature of the goods or the defect or other circumstances indicate otherwise. In the event of repair, we do not have to bear the increased costs that arise from moving the goods to a location other than the place of performance if the delivery does not correspond to the intended use of the goods.

c) The warranty period is one year from delivery of the goods. The shortening of the deadline does not apply:

- for culpably caused damages attributable to us resulting from injury to life, body or health and other damages caused intentionally or through gross negligence;
- if we fraudulently concealed the defect or assumed a guarantee for the quality of the item;
- for items that were used for a building in accordance with their normal use and caused its defects;
- in the event of legal recourse claims that you have against us in connection with defect rights.

§ 8 Choice of law

(1) German law applies. For consumers, this choice of law only applies to the extent that the protection granted by mandatory provisions of the law of the consumer's country of habitual residence is not withdrawn (principle of favourability).

(2) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.

§ 9 Protection of minors

(1) When selling goods that are subject to the provisions of the Youth Protection Act, we only enter into contractual relationships with customers who have reached the legally required minimum age.
Existing age restrictions are indicated in the respective item description.


(2) By submitting your order, you confirm that you have reached the legally required minimum age and that your details regarding your name and address are correct. You are obliged to ensure that only you or persons authorized by you to accept the delivery who have reached the legally required minimum age receive the goods.

(3) If we are obliged to carry out an age check due to legal regulations, we instruct the logistics service provider commissioned with the delivery to only hand over the delivery to people who have reached the legally prescribed minimum age and, in case of doubt, to obtain the identity card of the person The goods must be presented to the person receiving the goods for an age check.

(4) If we indicate in the respective item description that you must be 18 years of age to purchase the goods, going beyond the legally prescribed minimum age, the above paragraphs 1-3 apply with the proviso that instead of the legally prescribed minimum age, you are of majority must.

§ 10 Sale of weapons

(1) When selling goods that are covered by the Weapons Act, we only enter into contractual relationships with adult customers.
For goods that are listed in Appendix 2 of the Weapons Act as requiring a permit, you must also provide proof that you have a valid weapons permit (purchase permit).
For goods that are listed as prohibited in Appendix 2 of the Weapons Act, you must also provide proof that you have a valid exemption in accordance with Section 40 Paragraph 4 of the Weapons Act.
These sales restrictions are pointed out in the respective item descriptions as follows: "Sale only to people over the age of 18", "Sale only to holders of a purchase permit", "Sale only to holders of an exceptional permit".
(2) By submitting your order, you confirm that you are at least 18 years old and that your details regarding your name and address are correct. You further undertake that only you will receive the goods upon delivery.

(3) We instruct the logistics service provider responsible for the delivery to only hand over the goods to you after verifying your age and identity.
For goods that are listed in Appendix 2 of the Weapons Act as requiring a permit, you must also provide proof of your purchase permit to the logistics service provider before handing over the goods.
For goods that are listed as prohibited in Appendix 2 of the Weapons Act, you must also provide proof of your exemption to the logistics service provider before handing over the goods.




II. Customer information

1. Identity of the seller

Bastian Sauernheimer
Habelsee 8
91620 Ohrbach
Germany
Telephone: 098439366460
Email: habelsee_jagd@yahoo.com


Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), which can be accessed at https://ec.europa.eu/odr .


We are neither willing nor obliged to take part in dispute resolution proceedings before consumer arbitration boards.

2. Information on the conclusion of the contract

The technical steps to conclude the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions "Conclusion of the contract" of our General Terms and Conditions (Part I.).

3. Contract language, contract text storage

3.1. The contract language is German .

3.2. We do not save the complete contract text. Before sending the order via the online shopping cart system, the contract data can be printed out or saved electronically using the browser's print function. After we receive the order, the order data, the legally required information for distance selling contracts and the general terms and conditions will be sent to you again by email.

3.3. If you request an offer outside of the online shopping cart system, you will receive all contract data as part of a binding offer in text form, for example by email, which you can print out or save electronically.

4. Essential characteristics of the goods or services

The essential characteristics of the goods and/or services can be found in the respective offer.

5. Prices and payment methods

5.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.

5.2. The shipping costs are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you additionally, unless free shipping has been guaranteed.

5.3. The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective offer.

5.4. Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.

6. Delivery conditions

6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.

6.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipping only passes when the goods are handed over to you, regardless of whether the shipping is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.

If you are an entrepreneur, delivery and dispatch are at your risk.

7. Statutory liability law for defects

Liability for defects is based on the “Warranty” regulation in our General Terms and Conditions (Part I).

8. Termination

8.1. Information on termination of the contract and the termination conditions can be found in the regulations on “assembly services” in our General Terms and Conditions (Part I) and in the respective offer.

These general terms and conditions and customer information were created by the dealer association's lawyers who specialize in IT law and are constantly checked for legal compliance. Merchant Association Management AG guarantees the legal security of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/ de/dienste/rechtssicherheit/agb-service .

last updated: November 29, 2022