Terms and Conditions
General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to all contracts which you conclude with us as a provider (Christoph Kluge) via the website www.fightingsticks.de. Unless otherwise agreed, the inclusion of your own terms and conditions will be rejected.
(2) Consumers within the meaning of the following rules shall be any natural person who concludes a legal transaction for purposes which can not be attributed predominantly to their commercial or self-employed activities. Entrepreneur is any natural or legal person or a legal person who is acting in the exercise of his or her own professional or commercial activity when a legal transaction is concluded.
§ 2 Condition of Contract
(1) The object of the contract is the sale of goods.
(2) Already with the setting of the respective product on our website we submit a binding offer to conclude a contract to the conditions stated in the article description.
(3) The contract shall be concluded through the online shopping basket system as follows:
The goods intended for purchase are placed in the "Shopping Cart". Use the corresponding button in the navigation bar to call up the "Shopping Cart" and make changes at any time.
After entering the "Checkout" page and entering the personal data as well as the payment and shipping conditions, all order data will be displayed again on the order overview page.
If you use an online payment system (e.g. PayPal / PayPalExpress / PayPalPlus), you will either be directed to the order overview page in our online shop or you will be sent to the website of the supplier of the online payment system. If you are forwarded to the respective online payment system, make the corresponding selection or input of your data there. Finally, you will be redirected back to the order overview page of our online shop.
Before sending the order, you have the possibility to check, change (also via the function "back" of the internet browser) or cancel the purchase. By sending the order via the " Complete payment" button, you declare legally binding the acceptance of the offer, whereby the contract comes into being.
(4) Your request for submission of an offer is not binding for you. We will provide you with a binding offer in text form (e.g. by e-mail), which you can accept within 5 days.
(5) Order processing and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address that you have provided us with is correct, the receipt of the e-mails is technically ensured and, in particular, not prevented by SPAM filters.
§ 3 Right of Retention, Reservation of Title
(1) You can only exercise a right of retention, in so far as it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
(3) If you are an entrepreneur, the following shall also apply:
a) We reserve the right to ownership of the goods up to the complete settlement of all claims arising from the current business relationship. Prior to transfer of ownership of the reserved goods, a pledge or security transfer shall not be permitted.
b) You can resell the goods in the ordinary course of business. In this case, you are already assigning to us all claims in the amount of the invoice amount which you are accruing from the resale, and we accept the assignment. They are further authorized to collect the claim. If you do not fulfill your payment obligations properly, however, we reserve the right to collect the claim ourselves.
c) In case of connection and mixing of the reserved goods, 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 the processing.
d) We undertake to release the securities to which we are entitled at your request insofar as the realizable value of our collateral exceeds the claim to be secured by more than 10%. The choice of collateral to be released is up to us.
§ 4 Special Arrangements for the Types of Payment Offered
In the case of payment by means of a payment method offered by PayPal, payment processing takes place via the payment service provider PayPal (Europe) S.à r.l. Et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter 'PayPal'), subject to the PayPal Terms of Service, can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full?locale.x=en_DE or - if the customer does not have a PayPal account - under the conditions of payments without PayPal account, can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full?locale.x=en_DE.
When you pay by PayPal via PayPal, we will transfer your claim against you to PayPal in full and irrevocable. PayPal will carry out a credit check before accepting the assignment using the transmitted data. We reserve the right to refuse this type of payment as a result of the credit check, you will be informed about this before submitting your order.
When the purchase is accepted, PayPal accepts the assignment, so that debt-free payments will only be transferred to PayPal (Europe) S.à r.l. Et Cie, S.C.A. Can be achieved.
§ 5 Warranty
(1) The statutory right of non-liability exists.
(2) If you are an entrepreneur, the following applies mutatis mutandis to paragraph 1:
a) The quality of the goods is subject only to our own data and the product description of the manufacturer as agreed, but not to any other advertising, public promises and statements by the manufacturer.
b) You are obliged to inspect the goods immediately and with due care for quality and quantity deviations and to notify us of obvious defects within 7 days from receipt of the goods in text form (e.g. e-mail). This also applies to later discovered hidden defects from discovery. The assertion of the warranty claims is excluded in the case of infringement of the obligation to examine and to notify the customer.
c) In the event of defects, we shall, at our discretion, make a warranty by repair or replacement. If the defect clearance fails, you can demand a reduction of your choice or withdraw from the contract. The defect removal shall be deemed to have failed if the second attempt has been unsuccessful, if the nature of the defect or the other circumstances does not differ from it. In the event of rectification, we shall not be required to bear the increased costs resulting from the shipment of the goods to a place other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.
d) The warranty period is one year from delivery of the goods. The shorter warranty period does not apply to damages attributable to us caused by the injury to life, body or health and gross negligence or deliberate damage or misrepresentation, as well as to recourse claims pursuant to §§ 478, 479 BGB.
§ 6 Liability
(1) We are fully liable for damage resulting from injury to life, body or health. Furthermore, we are liable without limitation in all cases of intent and gross negligence, in the case of malicious concealment of a defect, assuming the guarantee for the quality of the purchased item and in all other cases regulated by law.
(2) Liability for deficiencies within the scope of the statutory warranty depends on the corresponding regulation in our customer information (part II) and general terms and conditions (part I).
(3) Insofar as essential contractual obligations are concerned, our liability in case of slight negligence is limited to the contract-typical foreseeable damage. Significant contractual obligations are essential obligations which arise from the nature of the contract and whose infringement would jeopardize the attainment of the purpose of the contract as well as obligations imposed by the contract on the content of the contract in order to achieve the purpose of the contract and to which you may regularly rely.
(4) In the event of violation of insignificant contractual obligations, liability for negligent breach of duty is excluded.
(5) According to the current state of the art, data communication over the Internet can not be guaranteed without errors and / or at any time available. We do not accept liability for the continuous or uninterrupted availability of the website and the offered services.
§ 7 Choice of Law
(1) German law shall apply. In the case of consumers, this choice of law is only valid insofar as the protection afforded by mandatory provisions of the law of the State of habitual residence of the consumer is not withdrawn (favorable principle).
(2) The provisions of the UN purchase law are not expressly applicable.
§ 8 Protection of Minors
(1) In the case of the sale of goods which are subject to the provisions of the Youth Protection Act (Jugendschutzgesetz), we only enter into contractual relations with customers who have reached the legal minimum age. Existing age restrictions are indicated in the respective article description.
(2) By submitting your order, you insure that you have reached the legally prescribed minimum age and that your details regarding your name and address are correct. You are obligated to ensure that only you or such persons authorized by you to accept the delivery, who have reached the legal minimum age, will receive the goods.
(3) Insofar as we are obliged to carry out an age control on the basis of the statutory provisions, we assign the logistics service provider assigned to the delivery to deliver the delivery only to persons who have reached the minimum age prescribed by law and in case of doubt the identity card of the Goods in receiving person for age control.
(4) To the extent that we exceed the statutory minimum age in the respective article description, that you must have reached the age of 18 for the purchase of the goods, the above paragraphs 1-3 apply, with the proviso that they are of legal age instead of the statutory minimum age got to.
§ 9 Sale of weapons
(1) In the case of the sale of goods, which is covered by the Weapons Act (Waffengesetz), we only enter into contractual relations with age-old customers. In the case of goods which are listed in Annex 2 of the WaffG, your weapons authorization is additionally required.
(2) You agree to submit your order to be at least 18 years of age and that your details regarding your name and address are correct. You are obligated to ensure that only you or your authorized adult persons authorized by you to accept the delivery receive the goods.
(3) We advise the logistics service provider, who is responsible for the delivery, to deliver the goods only to persons over the age of 18 years and, in case of doubt, to present the identity card of the person receiving the goods for age control.
II. Customer information
1. Identity of the Trader
Christoph Kluge
Address: 10999 Berlin, Germany
Phone: (+49) 30/2977 9555
E-Mail: office [a] fightingsticks.de
Alternative Dispute Resolution: The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at http://ec.europa.eu/odr (http://ec.europa.eu/odr).
2. Information on the condition of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract and the corrective measures shall be made in accordance with the regulations "Condition of the contract" of our General Terms and Conditions (Part I.).
3. Contract language, contract renewal
3.1. The contract language is German.
3.2. The full text of the contract is not saved by us. Before sending the order via the online shopping basket system, the contract data can be printed out or electronically secured via the print function of the browser. After receipt of the order with us, the order data, the legally required information for remote sales contracts and the General Terms and Conditions will be sent to you again by e-mail.
3.3. In the case of quotations outside the online shopping basket system, you will receive all contract data in text form within a binding offer, e.g. By e-mail, which you can print out or electronically secure.
4. Main characteristics of the goods or service
The essential characteristics of the goods and / or services can be found in the respective offer.
5. Prices and Terms of Payment
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. You can call up a corresponding button on our website or in the respective offer, will be indicated separately in the course of the ordering process and are to be borne by you in addition, as far as not the delivery-free delivery is announced.
5.3. The payment methods available to you are indicated under a correspondingly designated button on our Internet presence or in the respective offer.
5.4. Unless stated otherwise in the individual methods of payment, the payment claims arising from the concluded contract shall be payable immediately.
6. Terms of Delivery
6.1. The terms of delivery, the delivery date and, if applicable, existing delivery restrictions can be found under a correspondingly designated button on our Internet presence or in the respective offer.
6.2. As far as you are a consumer is legally regulated that the risk of the accidental loss and accidental deterioration of the sold thing during the dispatch only passes with the delivery of the goods to you, irrespective of whether the dispatch is insured or uninsured. This does not apply if you have assigned a transport company not designated by the entrepreneur, or a person appointed otherwise to carry out the shipment.
If you are an entrepreneur, delivery and dispatch will be at your own risk.
7. Statutory Right of Deficiency
7.1. The defect liability for our goods is subject to the "Warranty" regulation in our General Terms and Conditions (Part I).
7.2. As a consumer, you are requested to check the goods immediately for completeness, obvious defects and transport damage and to notify us as soon as possible to the freight forwarder. Failure to do so will have no effect on your statutory warranty claims.
Last updated: July 19, 2017