CANCELLATIONS

 

Consumers have the right to cancel orders within 14 days of receipt of the goods.

Cancellations do not require an explanation, however they have to be in writing or on a permanent data medium or by returning the merchandise to Allstar Fecht-Center Fechtartikel und Fechtanlagen GmbH & Co.KG, Carl-Zeiss-Str. 61, 72770 Reutlingen.

To meet the 14 day deadline, cancellations and returns have to be sent in time (the return postage date stamp is sufficient).

Return postage, for merchandise up to EUR 40,00 is at the customers cost, unless the received merchandise fails to meet what was ordered.

The consumer has the right to examine the merchandise carefully. Any merchandise returned to us in a used state will be charged for depreciation. Any depreciation of used merchandise will be charged to the consumers account.

 

1. APPLICATION OF CONTRACT

 

1. These conditions apply to all present and future supplies of goods and the provision of work and services, and all other supplies and services provided by us to our customers.

 

2. 'Consumer' as defined by these terms of conditions is a natural person who orders goods helping neither their commercial nor independent occupation.

 

'Contractor' as defined by these terms of conditions is a natural person or legal entity or a partnership with legal capacity ordering goods in carring out their commercial or independent occupation.


'Customer' as defined by these terms of conditions are consumers as well as contractors. 

 

3. Contradictory or complementary terms and conditions do not form part of a contract unless their validity is expressly agreed in writing.

 

4. When ordering goods using means of communication only (e.g. letter, catalogue, telefax or e-mail), customers have the right of cancellation or return.

 

5. If the consumer orders the goods in an electronic way, we will confirm the receipt of the order immediately.The confirmation represents no binding accaptence of the order. The receipt confirmation can be linked with the order confirmation.

 

6. Quotations are without obligation. Orders are only binding on us if they are confirmed by us or fulfilled by the delivery of the goods. Subsidiary verbal agreements are only valid if confirmed by us in writing.

 

7. If we cannot fulfill the order the customer will be notified without delay.

 

 

2. SUPPLIES

 

All supplies of goods, including those made within the framework of manufacturing and cost-plus contracts, are subject to the following terms and conditions. 

 

1. All supplies are consigned ex-works Reutlingen.

 

If the buyer is a contractor, the risk of accidental loss and/or accidental damage passes to the buyer by us as soon as the goods are handed over to the forwarding agent, the carrier or another person or third party carrying out the dispatch.

 

If the buyer is a consumer the risk of accidental loss and/or accidental damage passes to the buyer upon the handing over of the goods to the buyer.

 

2. Delivery dates are only binding if they have been expressly confirmed by us.

 

3. We reserve the right to make part deliveries.

 

In every case we reserve the right to supply updated versions of the ordered goods, provided they comply with the agreed specifications and are not more expensive than the ordered goods.

 

If similar goods of the same quality and price are not available, we reserve the right not to fulfill the order. The customer will be informed by us without delay. 

 

4. If a delivery is to be delayed beyond an agreed date, for reasons which we are not responsible for, we will notify the customer accordingly without delay. 

 

In this case both sides will be entitled to withdraw from the contract if we are unable to either; supply the goods within two weeks of the date of notification or are unable to confirm a new binding delivery date which falls later than two weeks after the originally agreed delivery date. 

 

5. If the consumer orders the goods in an electronic way, we will confirm the receipt of the order immediately.The confirmation represents no binding acceptance of the order. The receipt confirmation can be linked with the order confirmation.

 

6. Provided the consumer orders the goods in an electronic way, we will save the order and on demand, send to the consumer our terms and conditions by e-mail.

 

  

3.CHANGES TO PURCHASE ORDERS

 

Any additional costs incurred as a result of retrospective changes requested by the customer will be borne by the customer. 

 

 

4. PRICES, TERMS OF PAYMENT

 

1. Unless otherwise agreed, our prices apply to goods ex-works, excluding packing.

 

2. Goods and services will be charged in accordance with the daily rate or list prices in effect on the date of receipt of the purchase order. A processing fee of EUR 3,00 will be charged for orders up to a net value of EUR 30,00.

 

3. There are no further costs for customers involved when using electronic means of communication for placing orders.

 

4. The offsetting and assertion of rights of retention will only be permitted if the underlying counterclaims are undisputed or confirmed as valid in law.

 

 

5. GUARANTEE AND COMPENSATION FOR LOSS

 

1. We reserve the right to replace or repair goods supplied by us which prove to be faulty. If these measures prove unsuccesful, the customer will be entitled to a reduction in the purchase price of the goods or to rescind the order for the faulty goods, at his discretion.

 

In case of minor breach of contract, especially just minor faults, the customer has no right to rescind. 

 

2. If the buyer is a consumer, he/she can choose if the damaged or defective goods are to be repaired or replaced . If the costs of the consumers chosen option are disproportional to the cost of the item, we are entitled to change the consumers choice as long as it poses no disadvantage for the consumer.

 

3. Complaints of customers will only be considered if notified in writing, accompanied by documentary evidence, within 14 days of receipt of the goods or, in the case of hidden defects, as soon as they are discovered and in any case not later than six months after receipt of the goods.

 

4. After having discovered any visible faults, the consumer must notify us within two months of the discovery, in writing. It is essential that we receive the notification within the deadline. If the consumer fails to notify us within the two months deadline this guarantee expires. This does not apply if the seller is found to be deceitful. The burden of proof lies with the consumer to prove the timing of the discovery of fault. If the customer has been made to purchase items due to incorrect statements of the seller the burden of proof lies with the customer.

 

5. In every case, an assurance of guaranteed specification requires our express declaration. 

 

If the buyer is a contractor, it is understood that only the product information of the producer is valid. Public statements, recommendations or advertisements of the producer are no guarantee of quality under contract. In so far as is permitted by law, the customer therefor obtains no guarantee from us. 

 

6. The guarantee for contractors is one year of delivery of the goods; for the consumer two years of the delivery of the goods. For used goods the statutory period of limitation is one year after delivery of the goods. This does not apply if the customer fails to inform us about any faults corresponding to clause 5.3. and 5.4. of these terms.

 

7. If the customers choice after failed fulfillment is to withdrawal of the contract, he is no longer entitled for compansation.

 

8. If the customers chooses compensation after failed fulfillment, the goods remain with the customer if reasonable. Our liability for the payment of compensation, will be limited to the difference between invoice value and the value of the faulty goods.

 

9. Unbreakable fencing blades, as such, do not exist. As result, no liability under guarantee whatsoever will be accepted for a broken blade, even when used in a typically sporting manner, unless the consumer can provide us with evidence of a material defect.

 

10. In so far as is permitted by law, our liability for the payment of compensation, irrespective of for what legal reason, will be limited to the invoice value of that quantity of our goods directly involved in the event underlaying the claim.

 

11. With the exception of claims for compensation arising out of actionable tort, any claims against us for compensation arising herefrom will be barred as being out of time in accordance with the relevant official regulations, and in any case after two years at the latest from the provision of the service on which the claim is based.

 

12. If the customer received an incorrect instruction of installation, we are only under obligation to provide a faultless instruction of installation to the customer.

 

 

6. RESTRICTION OF LIABILITY

 

We are only liable for the average loss. This is also valid by breach of duty of our representation in law or our assistens.

 

In the case of inessential breach of contract we are not reliable if the customer is contractor.

 

 

7. PAYMENTS

 

1. Our invoices are due for payment within 30 days of the invoice date, without any deductions.

 

2. If the period of grace for payment is exceeded, interest will be charged at the usual rate of bank interest on debits at a rate of at least 5 % for consumers, and at 8 % for contractors above the basic rate of the Central European Bank. We reserve the right to assert any other claims for loss against contractors.

 

3. If payment is delayed and a well founded doubt arises as to the buyer's creditworthiness or ability to pay, we will be entitled, without any of our other rights being affected, to demand securities or prepayments for any further supplies and to declare all debts arising out of the business relationship as being due for immediate pament. In such cases, we may also supply on a cash on delivery basis only.

 

 

8. RETENTION OF TITLE

 

1. Until debts arising out of the business relationship with the buyer have been paid in full, any goods sold will remain our property. The buyer is required to notify us immediately of any access by third parties to the goods to which we have title (reserved goods), particularly any measures enforcing a judgement or other attachments, and of any damage which has occurred to the reserved goods.

 

2. The retention of title also extends to the full value of products deriving from the processing, mixing or combining of our goods, whereby we are to be regarded as manufacturers. If our goods are processed, mixed or combined with the goods of third parties to which the latter have title, we will acquire co-ownership pro rata to the invoice values of the processed goods. Any debts by third parties arising out of the resale of goods are to be immediately assigned to us as security, either in total or for whatever sum relates to our proportion of the co-ownership (cf. clause 7.2.).

 

The goods and any debits due to the seller arising from their sale may neither be pledged to a third party nor transferred or assigned as a security until the debts owing to us have been paid in full.

 

 

9. CONCLUDING PROVISIONS

 

1. All complaints, cancellations and notices of termination on the part of the customer are to be declared in writing or by using a permanent data medium or by returning the merchandise back to us within 14 days of receipt of the goods. For complaints clause 5.3 and 5.4. of these regulations are valid.

 

2. If one or more of the provisions of the contract or these conditions is or becomes ineffectual or incapable of fulfillment, the effectiveness of the remaining provisions shall not be affected thereby; in such a case, moreover, the relevant official regulations will continue to remain in effect.

 

 

10. CHOICE OF LAW, LEGAL VENUE AND PLACE OF FULFILLMENT

 

1. The contractual relationships between the parties shall be subject to German law.

 

The regulations of the law of purchases are not applicable.

 

2. The place of fulfillment for delivery shall be the point of dispatch of the goods; for the payment therof, the place of fulfillment shall be Reutlingen.

 

3. In the event of any desputes arising in connection with the contract or these conditions, the sole court of arbitration shall be the Country Court of Reutlingen or the District Court of Tübingen if the customer is a merchant, a legal person entity under public law or if the domicil or usual residence of the customer is not located in Germany or is unknown at the time of the institution of legal proceedings.