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Terms Conditions

General Terms and Conditions of Business (T&Cs)

Agreed between:

 

Blaser Group GmbH

Address: Ziegelstadel 1, 88316 Isny (Allgäu), Deutschland

represented by the management comprising Dr. Jens Uwe Drowatzky, Stefan Glaser and Mat-thias Klotz

- referred to as the “supplier” hereinafter -

 

and

 

every natural person or legal entity that makes offers or concludes contracts, or both,

as a consumer or businessman via the platform of www.liemke.com

- referred to as the “customer” hereinafter –

Section 1 Scope and definitions of terms

(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 ser-vices 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 unin-corporated firm or partnership), which acts by means of exercising its commercial or inde-pendent professional activity when concluding the contract (Article 14 of the German Civil Code).

Section 2 Conclusion of contract

(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.

Section 3 Place and time of delivery

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.

Section 4 Reservation of title

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

Section 5 Prices and shipment costs

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

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

2,95 € in all member countries of the EU

The corresponding shipment costs are permanently displayed on the home page before the purchase ordering operation begins; they are also quoted on the purchase ordering form in addition and the customer must pay them, insofar as the customer does not make use of his right of objection.  Or-ders increasing an amount of EUR 100 are delivered within the EU free of any shipment costs.

(3) The goods are despatched by the postal service. The supplier bears the risk of despatch whenev-er 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 (e.g., weapon cabinets) are despatched by a haulage contractor. The following all-inclusive despatch rates apply per consignment in these cases.

€ 300 for delivery by a haulage contractor to Germany

€ 600 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. 

Section 6 Proof of age in the case of purchasing weapons or alcoholic beverages/ banned goods

(1) The weapons or alcoholic beverages that are offered on our portal at www.liemke.com are only allowed to be issued to natural persons who are at least 18 years old. Therefore, these products can only be sold and delivered solely within the Federal Republic of Germany in return for proof by means of a certificate or in return for submitting an official confirmation that the purchaser is at least 18 years old. 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 notifi-cation.

(3) All of the products that are labelled with the clear advice of “Proof of age” or “available only to holders of a  special BKA license” or “available only to holders of a license to acquire a weapon” in the respective offer’s text on the portal at www.liemke.com (weapons, alcohol, special kinds of night vison devices for example) will only be issued by the supplier to persons who are over 18 years of age or holders of a special license issued by German Bundeskriminalamt (BKA) or holders of a li-cense to acquire a weapon (e.g. hunting license, and/or weapon owners license).. We require an offi-cial certificate of age and/or identity or the proof of a special license issued by BKA or your license to acquire a gun from you with the first purchase order. 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@liemke.de 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 pur-chasing a product requiring a license to acquire a weapon (e.g. hunting license and/or wepon owners 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 license issued by BKA or the holder of the license to acquire a weapon will actually receive the despatch solely by means of the postal service with the type of despatch like “DHL recorded delivery”.

 

Section 7 Payment terms

(1) The customer has the discretion to choose to pay the supplier for the products solely by cash in advance, payment by PayPal, Klarna 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.

Cash in advance

The customer receives an acknowledgement of order first of all, as described above by Article 2 (2). PLEASE DO NOT PAY CASH IN ADVANCE ON ACCOUNT OF THE ACKNOWLEDGEMENT OF ORDER! The supplier will deal with the purchase order as quickly as possible. The supplier will then send a corresponding confirmation of order to the customer by e-mail, which includes the supplier’s banking connection, the total amount and the intended purpose. Please only make the cash in advance payment to the supplier after receiving this CONFIRMATION OF ORDER. The supplier will only deliver the goods to the customer after the money has been received completely, in the case of purchase orders that are placed on the basis of cash in advance. The supplier does not make any reservation of the respective product until the payment has been received. If the ordered products have been sold out in the meantime, then the supplier will inform the customer about this matter immediately and refund the payment.

PayPal

Please note: It is only possible to use PayPal payments for orders not increasing an amount of EUR 600,00 if there was no special agreement with supplier prior to issuance of the order.

 

The PayPal type of payment is utilized as follows. The customer will be automatically di-rected to PayPal’s payment form after the purchase order has been received. The cus-tomer can register there as a registered PayPal customer by utilizing the user’s data that is filed with PayPal and then he can make the payment. The customer can certainly choose the PayPal type of payment too, without being a customer of PayPal already. In this case, the customer can register with PayPal as a guest or set up a new PayPal ac-count and then make the payment via PayPal after that.

The supplier will deal with the purchase order as soon as the incoming payment has been booked, in the case that the customer makes a payment by choosing the PayPal system of payment. This procedure is very quick as a rule. However, 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 de-lays and he is not responsible for them.

Please visit www.paypal.com/de for further information.

Credit card

Payment by credit card represents an easy and convenient means of payment. It saves time, unnecessary paths and the c.o.d. fee. It is not necessary to keep the cash ready for the postman if this type of payment is chosen. The customer notifies the card’s 16 digit number to us, as well as the date of expiry and the institute that issued the card (VISA or 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.

Invoice

We offer the possibility of buying by invoice in our online shop to our customers who are businessmen for the purposes of Article 14 of the German Civil Code, in addition to the aforementioned types of payment. In the case of buying by invoice, you pay the entire in-voiced amount within the period of payment that is given on the invoice after the goods have been despatched. The payment is made by bank transfer to the banking connection that is stated on the invoice. Please do not forget to quote your purchase order number and your customer number as the intended purpose of the bank transfer. We are pointing out expressly that we do not accept either cash or cheques and that we will not accept any liability in the case of loss.

                Klarna

is a direct bank transfer that works with your online banking data.

o You choose your country and your bank.

o Log in with your online banking data. The data is encrypted and transmitted to your bank.

o Some banks will send you an additional confirmation PIN on your smartphone, which you have to use once to confirm your transaction.

o As soon as the bank transfer was successful, the merchant receives a confirmation and immediately triggers the order.

Purchase by Invoice with Klarna

The principle is simple: You have 14 days from the invoice date to pay your invoice. You only pay when you have received the goods. You shop relaxed, complete your order and check the products in peace at home. Depending on the retailer, the invoice is sent either by e-mail, separately by post or together with the goods.

Instalment purchase with Klarna

If you have opted for the flexible instalment purchase with Klarna, you can pay your bill at your own pace. All orders for which you choose the flexible instalment purchase are collected on a clear monthly invoice. This is always sent in the middle of the month. If you are using the payment method instalment purchase for the first time, we will send you the first monthly invoice in the following month.

In most cases it is possible to pay your bill in instalments, provided that the retailer you have ordered from offers flexible instalment purchase with Klarna.

It's that easy to start paying in instalments: Log in to our app or here and select the de-sired instalment payment as the payment option for the order that you want to partially pay. From now on you will regularly receive your monthly bill and you can decide how much you want to pay (at least the amount stated as the minimum amount on your monthly bill). You can also repay the outstanding amount in full at any time.

 

 (2) 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.

(3) The customer’s obligation to pay the interest on arrears does not exclude the supplier from assert-ing further damages due to default.

Section 8 Warranty, Guarantee(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 36-month manufacturer's guar-antee granted by supplier valid from the date of delivery to the customer. The manufacturer's guaran-tee mentioned in sentence 1 is only granted by supplier if the customer has purchased the goods via www.liemke.shop or www.liemke.com.

(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.

 

Section 9 Liability

(1) The customer’s claims to compensatory damages are basically excluded, except for the custom-er’s 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 du-ties) 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.

Section 10 Cancellation policy

Right of cancellation

You have the right to cancel this contract within fourteen days without giving information about the reasons.

The right of cancellation is valid for fourteen days from the day on which you, or a third party who is designated by you 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 consumer 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 you, or a third party who is designated by you and who is not the haulage contractor, have taken possession of the goods.

The following provision applies to the case of a contract about the delivery of goods in several partial consignments or units: the period of cancellation is fourteen days from the day on which you, or a third party who is designated by you and who is not the haulage contractor, have taken possession of the last partial consignment or the last unit.

You must inform us at:

Blaser Group GmbH

Address: Ziegelstadel 1, 88316 Isny (Allgäu), Germany

Tel.: +49 (0) 7562 / 702 - 100

Fax: +49 (0) 7562 / 702 - 271

E-Mail: shop@liemke.com

by means of making a clear declaration in order to exercise your right of cancellation (e.g., a letter that is sent by post, fax or e-mail) about your decision to cancel this contract. You can uti-lize the specimen copy of the cancellation form that is enclosed for this purpose but this method is not prescribed.

It suffices for complying with the time limit for cancellation that you send the notification about exercising the right of cancellation before the time limit for cancellation expires.

Consequences of the cancellation

If you cancel this contract, then we have to refund all of the payments that we have received from you, including the costs of delivery (except for the extra costs that arise from you having chosen a type of delivery other than the most economical standard delivery which was offered by us), immediately or fourteen days at the latest from the day on which we received the notification about your cancellation of this contract. We will utilize the same means of payment for this re-payment that you have used with the original transaction, unless something else has been agreed with your expressly; you will not be charged because of this repayment in any case. We can refuse to make the repayment until we have received the goods back again or until you have provided the proof that you sent the goods back, according to which is the earlier point in time.

You have to send the goods back or hand them over to:

Liemke GmbH & Co KG

Technical service

Wilhelm-Loh-Str. 1

D-35578 Wetzlar, Germany

immediately or in any case within fourteen days at the latest from the day on which you informed us about the cancellation of this contract. The time limit will be complied with if you sent 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: you bear the direct costs of returning the goods. The costs are estimated to be about € 300 maximum in the case of a return within the Federal Republic of Germany or about € 600 maximum in the case of a return from Austria or Switzerland.

You must only pay for any lost value of the goods if this lost value is attributable to your han-dling of the goods in a way that was unnecessary for checking their quality, specific characteris-tics and functionality.

Section 11 Non-existence or expiry of the right of cancellation

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

Contracts for supplying goods that are not prefabricated and for which an individual choice or specification by the consumer is decisive for manufacturing them, or which are clearly tai-lored to suit the consumer’s personal requirements.

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

Contracts for supplying alcoholic drinks, the price of which has been agreed when concluding the contract but which can only be delivered 30 days at the earliest after concluding the con-tract and their current value depends upon market fluctuations on which the businessman does not have any influence.

Contracts for supplying newspapers, magazines or illustrated literature. except for subscrip-tion agreements.

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

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.

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

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

 

Section 12 Provisions about disposal and batteries/ process of resending products

(1) Some of the supplier’s products contain batteries, e.g., for operating articles like lamps, conical signalling 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.

(2) The customer is expressly forbidden to dispose of batteries via the household refuse, ac-cording to the Battery Law in connection 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.

Liemke GmbH & Co KG

Technical service

Wilhelm-Loh-Str. 1

D-35578 Wetzlar, Germany

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) Please use the return form and return label sent by the supplier to return the products. Costs incurred as a result of freight collect returns can be charged to the customer by the supplier.

Section 13 Exclusion of the duty of information vis-à-vis the customer who is not the consumer

If the customer is not the consumer, then the supplier’s duty of information according to Arti-cle 312i, Para. 1, Line 1, Nos. 1 to 3 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 of the Import Law concerning the German Civil Code 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.§ 14 Information regarding online dispute resolution/ consumer dispute resolution act.

(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. You can reach the OS platform 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.

Section 15 Miscellaneous

(1) The law of the Federal Republic of Germany applies to contracts that are made between the sup-plier and the customer, subject to excluding the ‘UN Purchase Law’ (The United Nations Convention on Contracts for the International Sale of Goods).

(2) The place of jurisdiction (domicilium disputandi) for settling all disputes that arise from the con-tractual relationships between the customer and the supplier is the supplier’s head office (i.e., regis-tered office), insofar as the customer is a businessman, a legal entity under public law or a special asset according to public law and insofar as no diverging obligatory 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

Address: Ziegelstadel 1, 88316 Isny (Allgäu), Germany

Fax: +49 (0) 7562 / 702 - 272

E-Mail: shop@liemke.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 inapplicable.

 

 

 

 

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