GTC
General Terms and Conditions
Table of Contents
1. Scope of Application
2. Conclusion of the Contract
3. Right to Cancel
4. Prices and Payment Conditions
5. Shipment and Delivery Conditions
6. Reservation of Proprietary Rights
7. Warranty
8. Liability
9. Ban on distribution and (re-)export to Russia (“No re-export to Russia”)
10. Redemption of Campaign Vouchers
11. Redemption of Gift Vouchers
12. Applicable Law
13. Place of Jurisdiction
14. Alternative dispute resolution
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of the
company MEC High Tech Shooting Equipment GmbH (hereinafter referred to as "Seller”)
shall apply to all contracts concluded between a consumer or a trader (hereinafter
referred to as "Client”) and the Seller relating to all goods and/or services presented in
the Seller's online shop. The inclusion of the Client’s own conditions is herewith objected
to, unless other terms have been stipulated.
1.2 Regarding the purchase of vouchers, these GTC shall apply accordingly, unless
expressly agreed otherwise.
1.3 For contracts regarding the delivery of vouchers, these GTC shall apply accordingly,
unless expressly agreed otherwise.
1.4 A consumer pursuant to these GTC is any natural person concluding a legal
transaction for a purpose attributed neither to a mainly commercial nor a self-employed
occupational activity.
1.5 A trader pursuant to these GTC is a natural or legal person or a partnership with
legal capacity who, when concluding a legal transaction, acts in the exercise of his
commercial or independent professional activity.
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2) Conclusion of the Contract
2.1 The product descriptions in the Seller’s online shop do not constitute binding offers
on the part of the Seller, but merely serve the purpose of submitting a binding offer by
the Client.
2.2 The Client may submit the offer via the online order form integrated into the Seller's
online shop. In doing so, after having placed the selected goods and/or services in the
virtual basket and passed through the ordering process, and by clicking the button
finalizing the order process, the Client submits a legally binding offer of contract with
regard to the goods and/or services contained in the shopping cart. The Client may also
submit his offer to the Seller by e-mail, fax, per online contact form, postal service or
telephone.
2.3 The Seller may accept the Client’s offer within five days,
- by transferring a written order confirmation or an order confirmation in written form
(fax or e-mail); insofar receipt of order confirmation by the Client is decisive, or
- by delivering ordered goods to the Client; insofar receipt of goods by the Client is
decisive, or
- by requesting the Client to pay after he placed his order.
Provided that several of the aforementioned alternatives apply, the contract shall be
concluded at the time when one of the aforementioned alternatives firstly occurs.
Should the Seller not accept the Client’s offer within the aforementioned period of time,
this shall be deemed as rejecting the offer with the effect that the Client is no longer
bound by his statement of intent.
2.4 If a payment method offered by PayPal is selected, the payment will be processed
by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard
Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), subject to the PayPal
Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-
full?locale.x=en_DE or, if the Client does not have a PayPal account, subject to the
Terms for payments without a PayPal account, available at
https://www.paypal.com/uk/webapps/mpp/ua/privacywax-full. If the Client pays by
means of a method of payment offered by PayPal which can be selected in the online
order process, the Seller hereby declares the acceptance of the Client's offer at the time
when the Client clicks on the button concluding the order process.
2.5 When submitting an offer via the Seller's online order form, the text of the contract
is stored by the Seller after the contract has been concluded and transmitted to the
Client in text form (e.g. e-mail, fax or letter) after the order has been sent. The Seller
shall not make the contract text accessible beyond this. If the Client has set up a user
account in the Seller's online shop prior to sending his order, the order data shall be
stored on the Seller's website and can be accessed by the Client free of charge via his
password-protected user account by specifying the corresponding login data.
2.6 Prior to submitting a binding order via the Seller’s online order form, the Client may
recognize input errors by reading attentively the information displayed on the screen.
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The enlargement function of the browser to enlarge the display on the screen may be an
effective method for better recognizing input errors.
The Client can correct all the data entered via the usual keyboard and mouse function
during the electronic ordering process, until he clicks the button finalizing the ordering
process.
2.7 The German and the English language are exclusively available for the conclusion of
the contract.
2.8 Order processing and contacting usually takes place via e-mail and automated order
processing. It is the Client’s responsibility to ensure that the e-mail address he provides
for the order processing is accurate so that e-mails sent by the Seller can be received at
this address. In particular, it is the Client`s responsibility, if SPAM filters are used, to
ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller
with the order processing can be delivered.
2.9 The following terms and conditions shall in addition apply to contracts for the supply
of weapons:
2.10 When ordering goods which are covered by the Weapons Act of the Federal
Republic of Germany (WaffG), the Client must be of legal age. Clients who wish to
acquire weapons and ammunition listed in Annex 2 of the WaffG as weapons and
ammunition requiring a permit must hold a purchase permit. The Seller shall point out in
the respective article description if the goods in question are covered by the Weapons
Act or if they are subject to authorisation within the meaning of Annex 2 of the Weapons
Act.
2.11 When ordering goods that are covered by the Weapons Act, the Client assures by
sending his order that he is at least 18 years old and that his name and address are
correct. The Client further undertakes that only he himself will receive the goods. A
delivery of the product takes place only with previous successful examination of the age
and an authentication of the Client.
2.12 When ordering goods that are subject to permission under the Weapons Act, proof
of the acquisition permit must in addition be provided. Goods subject to permission are
only sold and delivered on presentation of a valid purchase permit in the original or as a
publicly (officially or notarially) certified copy of all inscribed pages. The goods will only
be handed over after a successful age check and authentication of the Client.
3) Right to Cancel
3.1 Consumers are entitled to the right to cancel.
3.2 Detailed information about the right to cancel are provided in the Seller’s instruction
on cancellation.
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4) Prices and Payment Conditions
4.1 Unless otherwise stated in the Seller’s product description, prices indicated are total
prices including the statutory sales tax. Delivery costs, where appropriate, will be
indicated separately in the respective product description
4.2 Payment can be made using one of the methods mentioned in the Seller’s online
shop .
4.3 In case of delivery to countries outside the European Union, additional costs may
incur in individual cases for which the Seller is not responsible and which have to be
borne by the Client. This includes for example transfer fees charged by banking
institutes (transfer charges, exchange fees) or import duties or taxes (customs). Such
costs regarding money transfer may also incur, if delivery is not made in a country
outside the European Union and the Client carries out the payment from a country
outside the European Union.
4.4 If prepayment by bank transfer has been agreed upon, payment is due immediately
after conclusion of the contract, unless the parties have arranged a later maturity date
4.5 If the payment method “purchase on account” is selected, the purchase price is due
after the goods have been delivered and invoiced. In this case, the purchase price is to
be paid within 14 (fourteen) days from receipt of the invoice without deduction, unless
otherwise agreed. The Seller reserves the right to offer the payment method “purchase
on account” only up to a certain order volume, and he may refuse this payment method
if the specified order volume is exceeded. In this case, the Seller will inform the Client in
his payment information displayed in the online shop of a corresponding payment
restriction. The Seller also reserves the right to carry out a creditworthiness check when
the payment method “purchase on account” is selected, and he may reject this payment
method in the event of a negative creditworthiness check.
4.6 If the payment method "immediate bank transfer" is selected, payment processing
is carried out via the payment service provider SOFORT GmbH, Theresienhöhe 12,80339
Munich (hereinafter referred to as "SOFORT"). If he wants to be able to pay the invoice
amount via “immediate bank transfer,” the Client must have an online banking account
that is activated for participation in “immediate bank transfer”. Furthermore he must
have the appropriate credentials during the payment process, and must confirm the
payment instruction to SOFORT. The payment transaction will be executed immediately
afterwards and the Client’s bank account debited accordingly. Further information on
the payment method “immediate bank transfer” can be called up by the Client at
https://www.klarna.com/sofort/.
5) Shipment and Delivery Conditions
5.1 If the Seller offers to ship the goods, delivery shall be made within the delivery area
specified by the Seller to the delivery address specified by the Client unless otherwise
agreed. When processing the transaction, the delivery address specified in the Seller's
order processing shall be decisive.
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5.2 Should the assigned transport company return the goods to the Seller, because
delivery to the Client was not possible, the Client bears the costs for the unsuccessful
dispatch. This shall not apply, if the Client exercises his right to cancel effectively, if the
delivery cannot be made due to circumstances beyond the Client's control or if he has
been temporarily impeded to receive the offered service, unless the Seller has notified
the Client about the service for a reasonable time in advance.
5.3 Should the Client collect the goods himself, the Seller informs the Client by e-mail
that the goods are available for collection. After receiving the e-mail, the Client may
collect the goods in consultation with the Seller at the Seller's place of business. In this
case shipment costs will not be charged.
5.4 Vouchers will be provided to the Client as follows:
- by e-mail
5.5 The Seller reserves the right to withdraw from the contract in the event of incorrect
or improper self-supply. This only applies if the Seller is not responsible for the non-
supply and if he has concluded a concrete hedging transaction with the supplier. The
Seller shall make all reasonable efforts to obtain the goods. In case of non-availability or
partial availability of the goods he shall inform the Client and grant him immediately
counterperformance.
6) Reservation of Proprietary Rights
If the Seller provides advance deliveries, he retains title of ownership to the delivered
goods, until the purchase price owed has been paid in full.
7) Warranty
7.1 Unless otherwise stipulated , the provisions of the statutory liability for defects shall
apply. Deviating therefrom, the following shall apply to contracts for the delivery of
goods:
7.2 If the Client acts as trader
- the Seller may choose the type of subsequent performance,
- for new goods, the limitation period for claims for defects shall be one year from
delivery of the goods,
- for used goods, the rights and claims for defects are excluded,
- the limitation period shall not recommence if a replacement delivery is made within the
scope of liability for defects.
7.3 If the Client acts as a consumer, the following applies to contracts for the delivery of
used goods subject to the restriction of the following clause: The limitation period for
claims for defects is one year from the delivery of the goods if this was expressly and
separately contractually agreed between the parties and it the Client was specifically
informed of the shortening of the limitation period before submitting his contractual
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declaration.
7.4 The above-mentioned limitations of liability and shortening of the period of
limitation do not apply
- to claims for damages and reimbursement of expenses of the Client,
- if the Seller has fraudulently concealed the defect,
- for goods which have been used in accordance with their customary use for a building
and which have caused its defectiveness,
- for any existing obligation of the Seller to provide updates for digital products with
respect to contracts for the supply of goods with digital elements.
7.5 Furthermore, for traders, the statutory limitation periods for any statutory right of
recourse that may exist shall remain unaffected.
7.6 If the Client is a businessperson pursuant to section 1 of the German Commercial
Code (HGB) he has the commercial duty to examine the goods and notify the Seller of
defects pursuant to section 377 HGB. Should the Client neglect the obligations of
disclosure specified therein, the goods shall be deemed approved.
7.7 If the Client acts as a consumer, the forwarding agent has to be immediately
notified of any obvious transport damages and the Seller has to be informed
accordingly. Should the Client fail to comply therewith, this shall not affect his statutory
or contractual claims for defects.
8) Liability
The Seller is liable to the Client for all contractual, quasi-contractual and legal, including
tortious claims for damages and reimbursement of expenses as follows:
8.1 The Seller is liable without limitation for any legal reason
- in the event of intent or gross negligence,
- in the event of intentional or negligent injury to life, body or health,
- due to a guarantee promise, unless otherwise regulated in this regard,
- due to mandatory liability such as under the German Product Liability Act
(Produkthaftungsgesetz).
8.2 If the Seller negligently breaches a material contractual obligation, liability is limited
to the damage that is typical for the contract and foreseeable, unless unlimited liability
applies in accordance with the above paragraph. Material contractual obligations are
obligations that the contract imposes on the Seller in accordance with its content in
order to achieve the purpose of the contract, the fulfillment of which makes the proper
execution of the contract possible in the first place and on whose compliance the Client
can regularly rely.
8.3 Otherwise, liability on the part of the Seller is excluded.
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8.4 The above liability provisions also apply with regard to the liability of the Seller for
his vicarious agents and legal representatives.
9) Ban on distribution and (re-)export to Russia (“No re-export to Russia”)
9.1 If the Client acts as an entrepreneur, he may not sell, export or re-export, directly or
indirectly, to the Russian Federation or for use in the Russian Federation, any goods
delivered under or in connection with this contract that fall within the scope of Article
12g of Regulation (EU) No 833/2014.
9.2 The Client must ensure that the purpose of this provision is not thwarted by third
parties in the further trading chain, including possible resellers.
9.3 The Client shall establish and maintain an appropriate monitoring mechanism to
detect any conduct by third parties further down the supply chain, including possible
resellers, that would defeat the purpose of this Regulation.
9.4 Any breach of any of the above obligations shall constitute a material breach of an
essential element of this agreement and shall entitle the Seller to withdraw from the
agreement.
9.5 If the Client culpably violates one of the above obligations, he is obliged to pay the
Seller a contractual penalty of an appropriate amount. The amount of the contractual
penalty is to be determined by the Seller at his reasonable discretion and can be
reviewed by the Client in court in the event of a dispute. Any further claim for damages
that the Seller may be entitled to remains unaffected by this.
9.6 The Client shall immediately inform the Seller of any problems in the application of
this Regulation, including any relevant activities of third parties that may frustrate the
purpose of this Regulation. The Client shall, upon request, provide the Seller with
information on compliance with the obligations under this Regulation within two weeks.
10) Redemption of Campaign Vouchers
10.1 Vouchers which are issued by the Seller free of charge, for a specific period of
validity in the context of promotional activities and which cannot be purchased by the
Client (hereinafter referred to as "campaign vouchers”) can only be redeemed in the
Seller’s online shop and only within the indicated time period.
10.2 Individual products may be excluded from the voucher campaign, if such a
restriction results from the conditions of the campaign voucher.
10.3 In case of an order, several campaign vouchers can be redeemed.
10.4 The goods value should meet at least the amount of the campaign voucher. The
Seller will not refund remaining assets.
10.5 If the value of the campaign voucher is not enough for the order, the Client may
choose one of the remaining payment methods offered by the Seller to pay the
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difference.
10.6 The campaign voucher credit will not be redeemed in cash and is not subject to
any interest.
10.7 The campaign voucher will not be redeemed if the Client, in the context of his legal
right to cancel, returns goods paid fully or partially by a campaign voucher.
10.8 The campaign voucher is transferable. The Seller may render performance with
discharging effect to the respective owner who redeems the campaign voucher in the
Seller’s online shop. This does not apply if the Seller has knowledge or grossly negligent
ignorance of the non-entitlement, legal incapacity or of the missing right of
representation regarding the respective owner.
11) Redemption of Gift Vouchers
11.1 Vouchers which can be purchased via the Seller’s online shop (hereinafter referred
to as "gift vouchers") can only be redeemed in the Seller’s online shop, unless otherwise
stipulated in the voucher.
11.2 Gift vouchers and remaining assets of gift vouchers can be redeemed by the end
of the third year following the year of the gift voucher purchase. Remaining assets will
be credited to the Client’s voucher account.
11.3 Gift vouchers can only be redeemed prior to the conclusion of the order procedure.
Subsequent offsetting is not possible.
11.4 Gift vouchers can only be used for the purchase of goods and not for the purchase
of other gift vouchers.
11.5 If the value of the gift voucher is not enough for the order, the Client may choose
one of the remaining payment methods offered by the Seller to pay the difference.
11.6 The gift voucher credit will not be redeemed in cash and is not subject to any
interest.
11.7 The gift voucher is transferable. The Seller may render performance with
discharging effect to the respective owner who redeems the gift voucher in the Seller’s
online shop. This does not apply, if the Seller has knowledge or grossly negligent
ignorance of the non-entitlement, legal incapacity or of the missing right of
representation regarding the respective owner.
12) Applicable Law
The law of the Federal Republic of Germany shall apply to all legal relationships between
the parties under exclusion of the laws governing the international purchase of movable
goods. For consumers, this choice of law only applies to the extent that the granted
protection is not withdrawn by mandatory provisions of the law of the country, in which
the consumer has his habitual residence.
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13) Place of Jurisdiction
If the Client is a businessman, a legal entity of public law or a separate estate under
public law with its seat in the territory of the Federal Republic of Germany, the Seller’s
place of business shall be the sole place of jurisdiction for all legal disputes arising from
this contract. If the Client is domiciled outside the territory of the Federal Republic of
Germany, the Seller’s place of business shall be the sole place of jurisdiction for all legal
disputes arising from this contract provided that the contract or claims from the contract
can be assigned to the Client’s professional or commercial activities. In any event
however, regarding the aforementioned cases the Seller is entitled to call the court
responsible for the seat of the Client.
14) Alternative dispute resolution
14.1 The EU Commission provides on its website the following link to the ODR platform:
https://ec.europa.eu/consumers/odr.
This platform shall be a point of entry for out-of-court resolutions of disputes arising
from online sales and service contracts concluded between consumers and traders.
14.2 The Seller is neither obliged nor prepared to attend a dispute settlement procedure
before an alternative dispute resolution entity.
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