General Terms And Conditions
Terms and Conditions
Online Dispute Resolution http://ec.europa.eu/consumers/odr/
1. Scope
Our terms and conditions apply to dispatch within the Federal Republic of Germany. These terms of business form the basis of all deliveries and services by Soldier of Fortune GmbH in fulfilment of orders not given by the customer in connection with his or her commercial or independent professional activity. Agreements deviating from and/or supplementing these terms and conditions require the express, written consent of Soldier of Fortune GmbH; this also applies to waiver of the written form requirement.
2. Contract conclusion
By sending an order (by clicking the “Order with an obligation to pay” button) you agree to a binding order of all goods in the shopping cart. The sales agreement comes into force when we accept your order through delivery of goods or confirmation of delivery.
3. Purchase on approval
Soldier of Fortune GmbH allows purchase on approval, i.e. you may return delivered goods within a period of 14 days without stating a reason. The sales agreement comes into effect upon receipt of the goods and your agreement, at the latest however after this 14 day return period has expired.
4. Cancellation policy
Right of cancellation
You have the right to cancel this agreement within fourteen days without citing a reason. The cancellation period is fourteen days from the day on which you, or a third party appointed by you and who is not the carrier, has taken possession of the goods. In order to exercise your right of cancellation you must inform us (Soldier of Fortune GmbH, Frankfurter Allee 78, 10247 Berlin, Germany, phone number: +49 (0) 30 2757 1651; email: info@sof-waffen.de) of your intention to cancel the agreement through an unambiguous declaration (e.g. a letter sent by post, a fax, or an email). You are permitted but not obliged to use the attached standard cancellation form. You can fill out and send the standard cancellation form or another unambiguous declaration on our website (www.sof-waffen.de). If you exercise this option we will promptly send you (e.g. by email) confirmation of receipt of the cancellation. To comply with the cancellation period it is sufficient that you send notice of exercise of the right of cancellation before the end of the cancellation period.
5. Effect of cancellation
Should you cancel this agreement we are required to pay back all payments which we have received from you, including delivery charges (with the exception of additional costs which arise should you select a mode of delivery other than the reasonable, standard delivery option offered by us), promptly and no later than 14 days from the point at which we receive notice of your cancellation of this agreement. For this refund we will use the mode of payment used for the original transaction unless explicitly agreed otherwise with you; under no circumstances will you be charged a fee for this refund.
6. Warranty
The warranty is subject to statutory provisions whereby, in the case of a fault in the goods, we are entitled to redeliver or to correct the goods, as you so choose. Should the rectification be unsuccessful or if the redelivered goods also prove faulty, you can return the goods against refund of the full purchase price or retain the goods at a reduced price. Please refer to product documentation for information on possible manufacturer warranties.
7. Reservation of title
The goods remain the property of Soldier of Fortune GmbH until the final payment is made.
8. Sales tax
All prices quoted are inclusive of the statutory applicable sales tax.
9. Legal notice regarding weapons law
a) Notice in accordance with Section 35 (2) Sentence 2 of the Weapons Act (2008) (§ 35 Abs. 2 Satz 2 WaffG (2008))
Soldier of Fortune GmbH draws your attention to the requirement for a minor firearms certificate and shooting permit, as well as the criminal liability for carrying arms used as warning devices or alarms or to fire non-lethal incapacitants without a minor firearms certificate (Section 52 (3) no. 2a of the Weapons Law in conjunction with Section 10 (4) Sentence 4 in conjunction with Annex 2 Section 2 Subsection 3 No. 2 and 2.1 of the Weapons Act; § 52 Abs. 3 Nr. 2a WaffG i.V.m. § 10 Abs. 4 Satz 4 i.V.m. Anlage 2 Abschnitt 2 Unterabschnitt 3 Nr. 2 and 2.1 WaffG-neu).
b) Usage of gas and signal weapons
The purchase and possession of gas and signal weapons which conform to the approved type as defined by Section 8 of the Proof Testing Act (§ 8 Beschussgesetz) and which bear PTB registration marks does not require a permit if the bearer is 18 years of age and over.
An official minor firearms is only required by those who wish to exercise actual command of (carry) gas and signal weapons beyond their own home, business premises or their own enclosed property require (Section 10 (4) Sentence 4 in conjunction with Annex 2 Section 2 Subsection 3 No. 2 and 2.1 of the Weapons Act; § 10 Abs. 4 Satz 4 i.V.m. Anlage 2 Abschnitt 2 Unterabschnitt 3 Nr. 2 und 2.1 WaffG-neu).
A minor firearms certificate is issued on application to the locally responsible firearms authority if the applicant possesses the necessary reliability and personal aptitude. No permit is required for those who wish to use gas and signal weapons in their own home, business premises or their own enclosed property. A permit is also not required for anyone who wishes to transport the weapon, neither primed nor accessible, from one place to another.
Any shooting outside of a shooting range requires a permit.
Exceptions:
a) Self-defence, emergency
b) use of signal weapons in emergency and rescue exercises
c) using guns from which only shell ammunition can be fired
(1) by participants in theatre performances and the equivalent,
(2) to drive away birds at agricultural enterprises
d) in enclosed property – the holder of the right to undisturbed possession of the property, or with that person’s permission – using guns from which only shell ammunition can be fired,
e) with weapons used as warning or signalling devices in order to indicate the start or end of competitions at sporting events on behalf of the event’s organizer, when visual or acoustic signalling is necessary
f) Airguns of 4.5 mm/.177 calibre are permissible from 18 years of age Compressed air weapons, spring-operated weapons and weapons which use cold propellants to expel the projectile, which impart kinetic energy of no more than 7.5 joules to the projectile and which bear the mark shown in Figure 1 in Annex 1 to the first ordinance concerning the Weapons Act. Shooting with airguns (marked) Section 12 (4) (1) of the Weapons Act (Waffengesetz §12 Abs. 4(1)) Persons who shoot on a shooting range (Section 27) do not require a shooting licence. Shooting outside a shooting range without a shooting licence shall be permitted only for the holder of the right to undisturbed possession, or on enclosed property with that person`s permission. Shooting is only permitted using guns which impart kinetic energy of no more than 7.5 joules to the projectile, or the design of which is allowed under Section 7 of the Act on the Proof Testing Act. Transport of airguns (mark) Section 12 (3) of the Weapons Act (Waffengesetz §12 Abs. 3(2)) ...which is not primed or accessible from one place to another, where the weapon is being transported for a purpose included in or related to their need Important: the bearing (carrying on one’s person) beyond one’s own house, garden, property, etc. requires a standard firearm licence. The minor firearms certificate for warning firearms does not cover the bearing of airguns.
10. Place of fulfilment and jurisdiction
The place of fulfilment and jurisdiction is Berlin. Contractual relationships are governed exclusively by the law of the Federal Republic of Germany.
For all disputes arising in connection with the contractual relationship, where the purchaser is a qualified merchant, a legal entity under public law or a special fund under public law, the claim is to be filed at the court applicable to our headquarters. Export transactions are governed exclusively by German law, and application of UN purchasing laws is excluded. For export transactions the sole place of jurisdiction is Berlin.
11. Disclaimer
1. Website content
Soldier of Fortune GmbH assumes no responsibility for the currency, correctness, completeness or quality of the information provided. All liability claims against Soldier of Fortune GmbH of a material or non-material nature that arise from the use or non-use of the information presented here or use of incorrect and incomplete information are essentially excluded unless it can be demonstrated that Soldier of Fortune GmbH acted wilfully or with gross negligence. All offers are subject to change and non-binding. Soldier of Fortune GmbH explicitly reserves the right to change, supplement, delete parts of its pages or its entire Internet presence without special notice, or to cease publication temporarily or definitively.
2. References and links
In the case of direct or indirect references to external websites (“links”) which are beyond the responsibility of Soldier of Fortune GmbH, liability only takes effect if Soldier of Fortune GmbH had prior knowledge of the content and it were technically feasible and reasonable to prevent the usage in the case of unlawful content. Soldier of Fortune GmbH hereby expressly declares that at the time of establishing the link it had no knowledge of any illegal content on linked sites. Soldier of Fortune GmbH has no influence on the current and future presentation, content or the copyright of the linked sites. The company therefore expressly dissociates itself from all content of all linked pages changed since the link was established. This declaration applies to all links and references in our own Internet presence as well as to all third-party content in guestbooks, discussion forums and mailing lists established by Soldier of Fortune GmbH. Sole responsibility for unlawful, incorrect or incomplete content and particularly for damages which arise from the use or non-use of information presented in this way lies with the provider of the page to which these links refer and not with the party merely referring to such material through links. If you agree to these conditions we warmly invite you to exchange your link with ours.
3. Copyright and trademark laws
In all publications, Soldier of Fortune GmbH endeavours to respect the copyright of all graphics, audio documents, video sequences and texts, to use its own generated graphics, audio documents, video sequences and texts or to make use of public domain graphics, audio documents, video sequences and texts. All brands and trademarks which appear throughout the Internet presence and, where applicable, protected by third parties are subject in full to the terms of applicable copyright law and the right of ownership of the relevant registered owner. The sole fact that such trademarks are mentioned does not signify that these trademarks are not protected by third party rights. The copyright for published material which is generated by Soldier of Fortune GmbH is held solely by Soldier of Fortune GmbH. Reproduction or use of such graphics, audio documents, video sequences and texts in other electronic or printed publications is not permitted unless through the express agreement of Soldier of Fortune GmbH.
4. Data protection
Insofar as there exists the possibility of entering personal or commercial data (email addresses, names, addresses) throughout our Internet presence, the input of this data on the part of the user is purely voluntary. The usage and payment for all services offered is – to the extent that it is technically feasible and reasonable – also permitted without entering such data and/or anonymously entering data or by using an alias.
5. Legal validity of this disclaimer
This disclaimer should be regarded as part of the Internet presence from which you have been referred to this page. Should sections or individual wordings of this text not, no longer or not fully comply with current law, the content and validity of the remainder of the document shall remain unaffected.