§ 1 General
Business relations between R. B. Trading GmbH and a customer are exclusively subject to the general terms and provisions as below in the version which is valid at the time the order is placed. The contractual language for business relations with foreign customers is German or English. Customers in terms of these general terms and conditions are consumers, entrepreneurs as well as other legal or natural persons. "Consumer" in terms of these general terms and conditions is any natural person who concludes with a legal transaction for a purpose which can neither be attributed to his/her commercial nor freelance occupational activity. (Â§ 13 BGB) "Entrepreneurs" in terms of these general terms and conditions is any natural or legal person who concludes with Paintball-Land a legal transaction for a purpose which can be attributed to his/her commercial or freelance occupational activity.
§ 2 Order, Conclusion of Contract, Transfer of Risk
Paintball-Land is obliged to accept the customer's order according to the terms of the website. Paintball-Land will confirm the receipt of the order immediately by email. The confirmation of receipt does not constitute a binding acceptance of the order. When dealing with consumer's the purchase contract is effective upon delivery of the goods, in any other case at the handover to the shipper, carrier or other for the transport contracted third party. Placing the order by the customer does not conclude a purchase contract between the customer and Paintball-Land. In case the customer pays by "prepayment / cash before delivery" or by "PayPal", the contract of purchase becomes effective by sending the order-confirmation and the request for payment. At all sendings to consumer's Paintball-Land bears the risk of transportation. If the addressee is not consumer in terms of these terms and conditions, the risk shall pass to the customer when the goods are handed over to the forwarder or carrier, latest, however, when leaving our warehouse. (Â§ 447 BGB).
§ 3 Prices
All prices are in Euro including the valid value added tax (VAT). The prices stated at the time of the order shall apply. Prices on the day of delivery shall apply for orders without express price fixing. This also applies to partial deliveries. If the purchase prices increased between order and delivery Paintball-Land will ask the customer before delivery for his consent. If the customer doesn't give it's consent within 5 working days, the contract of purchase shall not be effective. The duration of validity of limited time offers customer will get to know whereas they are presented in the shop.
§ 4 Delivery Times, Delays of Delivery
Goods are shipped within 1-2 working days after receipt of order and payment. At delays in shipping Paintball-Land will inform you immediately by email. In case the ordered item is not available anymore, because Paintball-Land did not receive the goods by it's supplier without own fault, Paintball-Land is entitled to withdraw from the contract. In this case Paintball-Land will inform the customer immediately and recommend where appropriate a similar item. If there is not a similar item or the customer does not wish a similar product, already made payments shall be refunded immediately.
§ 5 Delivery, Dates and Information
Unless agreed otherwise, delivery shall be made ex works to the delivery address indicated by the customer. Partial deliveries shall be allowed, unless they are unreasonable to accept for the customer. Shipping costs will be charged only once per order. All information is not legally binding.
§ 6 Terms of Payment
Depending on destination of delivery and total of order the customer will be able to select at the order process different modes of payment. Customers may pay by prepayment (cash before delivery), C.O.D. (cash on delivery - valid for Germany only), credit card as well as PayPal. All associated costs and expenses are charged to the customer. Paintball-Land reserves the right to restrict the mode of payment in individual cases.
§ 7 Settlement and Payment, Default in Payment
Invoices of Paintball-Land must be payed immediately without any deduction. If you pay by credit card, it will be charged on the day of billing (invoice date).
§ 8 Reservation of Proprietary Rights
The delivered goods shall remain the property of Paintball-Land until complete payment of the purchase price.
§ 9 Warranty for Defects and Liability
The statutory warranty conditions shall apply. The warranty period for the consumer after delivery of new products is 24 month and in all other cases 12 month. For any defects or problems with the item that appear before the expiration of the legal warranty, the customer may choose any of the actions to which he/she is entitled: supplementary performance in the form of repair/product replacement, as well as assuming all legal requirements have been fulfilled further entitlement to a reduction in the price, withdrawal from the purchase contract, and/or for compensation of damages including related futile expenditure. If the delivered items have obvious material or production defects, which may include transport damage, please complain to us of such defects immediately. At transport damage (damage in transit) the damage shall be reported to the carrier as well. On obvious damages they shall be included in a protocol of damage. Customers, who are not consumers in terms of this terms and conditions, are obliged to examine the delivered goods immediately. (§ 377 HGB)
Online Dispute Resolution: www.ec.europa.eu/consumers/odr
§ 10 Right of Return, Taxing of Costs, Information on the Right of Withdrawal for Consumers, Return of Goods
The consumer (Â§ 13 BGB) is entitled on a right of withdrawal according Â§ 355 BGB.
Customers, who are not consumers in terms of these terms and conditions are entitled to a voluntary right of return within 14 days after receiption of the goods, whereas the customer has to bear the costs and the risk of return.
Special designs (eg. badges, flocking, imprints, embroideries), audio or video recordings and software, if, and as soon as, the seal of the delivered data media had been opened are excluded from exchange and return. At dealings with customers who are not consumers in terms of these terms and conditions, returns of mats and heavy goods are solely subject of individual agreements.
Taxing of Costs for Returns of Consumers from Finland
The costs of return will be refunded by as so far the goods can be shipped as parcel.
---- begin right of withdrawal ----
Right of Withdrawal for Consumers
You can revoke the order within a period of two weeks without further specification of reasons in written form (e.g. letter or e-mail) or by returning the goods. The revocation period does not start before the delivery and the reception of this instruction. The period for revocation begins earliest upon receipt of the goods and this notification by the recipient (in case of recurring deliveries of the same type of goods not before receiving the first partial delivery). The revocation must be declared to:
R.B. Trading GmbH
There is no right of withdrawal for individual designs (eg. badges, flockings, imprints, embroideries), audio- or video recording and software that has already been unsealed.
Consequences of Withdraw / Revocation
In case of an effective revocation, any performance received by one party is to be returned to the respective other, as are benefits derived from such performance, e.g. interest. If you cannot return the goods received in whole or in part or if purchaser can only return the received goods in a deteriorated state, you must pay compensation for value insofar. There is no duty to pay compensation for value, if the sole cause of deterioration of the goods received was the inspection of the respective goods, as would have been possible in a retail shop. For the rest you can avoid paying compensation for value in respect of deterioration in the goods as a result of their proper use, if you do not use the goods the way you use your own property and refrain from doing anything that would curtail the value of the goods.
Items suitable for delivery by parcel are to be returned at our risk. Goods that cannot be sent as parcels will be picked up by us.
Please do not return the goods unstamped.
Obligatory refunds of payments must be made within 30 days after sending the revocation or returning the goods. The period starts for you with the sending of your notice of withdrawal or of the goods and for us upon reception thereof.
Special Rules concerning Cost of Return for Consumers from other EU-Member-States and Switzerland.
Belgium: The consumers bears the direct costs of return, provided that the online shop does not fail to its obligation of information and the goods delivered correspond to the goods you have ordered.
Bulgaria, Denmark, Estonia, France, United Kingdom, Ireland, Italy, Latvia, Lithuania, Luxembourg, Netherlands, Austria, Poland, Romania, Sweden, Slovakia, Spain, Czech Republic, Hungary, Cyprus: The consumer has to bear the direct costs of returning the goods.
Finland: The period for revocation is 14 days and begins earliest upon receipt of the goods and this notification by the recipient (in case of recurring deliveries of the same type of goods not before receiving the first partial delivery) and not before we have met our information duties and other duties. The withdrawal period would be extended to the following working day if it were expired on a holiday or Saturday. The costs of return will be refunded by as sofar the goods can be shipped as parcel.
Greece and Switzerland: The consumer has to bear the direct costs of returning the goods. The goods must be returned in its original state.
Portugal: The consumer has to make sure, that the goods delivered are in good state. The consumer has to bear the direct costs of returning the goods.
---- end right of withdrawal ----
§ 11 Data Storage
Our practice regarding data protection complies with the German Federal Data Protection Laws (BDSG) and the German Laws for Telemedia Services (TMG). We use customer data exclusively for the processing of the order. All personal data received from the customer will be handled confidentially. The personal data provided by the customer will be solely used in connection with dealings between the customer and Paintball-Land. At data processing all matters concerning confidentiality will be dealed in accordance with legal requirements. The customer can save or print all order details after the order was sent.
§ 12 Final Provisions
Solely German law shall be applicable by exclusion of the UN Purchase Law. In case the private end-consumer is a non-EU resident, is our venue of jurisdiction. This information is intended solely for informational purposes; the original German text is legally binding.