1. Applicability to Businesses and Consumers
(1) These General Terms and Conditions apply to all deliveries and services between Schröder OHG (hereinafter “Seller”) and its customers (hereinafter “Buyer”), regardless of whether they are concluded via the online shop, by telephone, email, or in person, in the version valid at the time of the order.
(2) A consumer within the meaning of these Terms and Conditions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity (Section 13 of the German Civil Code (BGB). An entrepreneur within the meaning of these Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity (Section 14 of the German Civil Code (BGB).
(3) Deviating terms and conditions of the Buyer are not recognized unless the Seller expressly agrees to their validity in writing.
2. Offer and Conclusion of Contract
(1) The presentation of the goods in the online shop constitutes a binding invitation to submit an offer (order) by the buyer. This also applies to offers in price lists or in any other written form.
(2) The buyer submits a binding contractual offer by placing the goods in the shopping cart in the online shop and completing the order process, or by placing the order by email, telephone, or in person. The buyer can correct their order at any time before finally submitting it.
(3) The seller accepts the buyer’s offer by sending an order confirmation by email or in writing, which reflects the contract content (order details). The purchase contract is concluded upon this acceptance.
(4) For deliveries to consumers (private customers) of weapons and ammunition subject to licensing, the conclusion of the contract is subject to the condition precedent that the buyer presents the required firearms permits (see Section 10) and that these are checked and accepted by the seller.
For deliveries to businesses (dealers), delivery will only be made upon presentation of a current, officially certified copy of the firearms trading license and notification of the associated, valid NWR identification numbers (NWR-F and NWR-E numbers). If this information is already available and stored by the seller, this obligation is waived.
3. Prices and Terms of Payment
(1) All prices are in euros and include statutory VAT. Shipping costs are listed separately.
(2) Payment is made according to the information in the order confirmation (e.g., advance payment, credit card, invoice). In the event of late payment, the seller is entitled to charge default interest at a rate of 9 percentage points above the base interest rate for consumers or 5 percentage points above the base interest rate for businesses. The seller reserves the right to only deliver future orders against advance payment from buyers in default of payment.
4. Delivery, Shipping, and Transfer of Risk
(1) Delivery times, if stated, are non-binding. Delays due to force majeure, strikes, or other circumstances beyond the Seller’s control will extend the delivery time accordingly. Partial deliveries are permitted.
(2) For deliveries within Germany, shipping is carried out at the Buyer’s expense from the Heusenstamm warehouse. For deliveries abroad, separate shipping conditions apply, which will be communicated upon request.
(3) For deliveries to consumers, the risk of accidental loss and accidental deterioration of the goods passes upon handover of the goods to the Customer or a receiving agent designated by the Customer.
(4) For deliveries to businesses, the risk passes to the Buyer upon handover of the goods to the freight forwarder/carrier.
(5) The Buyer is obligated to report transport damage to the carrier immediately, at the latest within 24 hours of receipt of the goods, and to send a copy of the damage report to the Seller. The packaging must be retained as proof.
5. Right of Withdrawal for Consumers
Withdrawal Policy
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods. To exercise your right of withdrawal, you must inform us
Schröder OHG, Rudolf-Braas-Str. 20, 63150 Heusenstamm, Telephone: 06104-9457677, Email: kontakt@schroeder-ohg.de
of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post, or email).
Consequences of Cancellation
If you cancel this contract, we will refund all payments we have received from you, including delivery costs (except for additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the date on which we received notification of your cancellation of this contract. This statutory provision, according to which the seller shall also bear the outward shipping costs, also applies if the reason for cancellation lies with the customer.
For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period. You will bear the direct cost of returning the goods.
You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties, and functioning.
Exclusion of the Right of Withdrawal
The right of withdrawal does not apply to the following contracts:
- For the delivery of goods that are not prefabricated and for whose production an individual selection or determination by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer.
- For the delivery of weapons subject to a license within the meaning of the Weapons Act. Cancellation is excluded after conclusion of the contract as soon as the weapon has been registered by us as the seller in the National Weapons Register (NWR) to the buyer for the purpose of fulfilling the contract. With this registration, the weapon is legally clearly assigned to the buyer, and a reversal is no longer possible for factual and legal reasons. The buyer will be specifically informed of this in the order confirmation.
End of Cancellation Policy
6. Cancellation by Business Owners
(1) Cancellations of orders by businesses are only effective if they are made in writing (e.g., by email) and confirmed by the Seller.
(2) In the event of cancellation after the contract has been concluded but before the goods have been shipped, the Seller will charge a cancellation fee of 10% of the net order value to cover the costs incurred.
(3) Cancellation after the goods have been shipped is excluded. In this case, the Buyer is obligated to accept and pay for the goods.
7. Warranty (Liability for Defects) and Guarantee
(1) The warranty is governed by statutory provisions.
(2) Business owners are subject to the commercial obligation to inspect and report defects pursuant to Section 377 of the German Commercial Code (HGB). Defects must therefore be reported to the Seller in writing immediately, at the latest within 8 days of receipt of the goods.
(3) In the event of defects, the Seller has the right to choose between repair and replacement delivery.
(4) The warranty does not apply to normal wear and tear (wearing parts) or defects resulting from subsequent modifications, processing, tuning, improper handling, improper ammunition, or tampering by the buyer or third parties. In particular, any subsequent modification to the weapon (e.g., tuning) will void all warranty and guarantee claims.
(5) Any additional warranties provided by the manufacturer remain unaffected.
8. Retention of Title
(1) The seller retains title to the delivered goods until all claims arising from the business relationship have been paid in full.
(2) Goods delivered to businesses subject to retention of title may be resold in the ordinary course of business. The buyer hereby assigns his claims from the resale to the seller. The buyer is obligated to ensure adequate insurance coverage (e.g., theft, fire) for the goods subject to retention of title.
9. Liability
(1) The seller is liable without limitation for intent and gross negligence, as well as for damages resulting from injury to life, body, or health.
(2) In the case of slight negligence, the seller is only liable for breaches of a material contractual obligation (cardinal obligation). In this case, liability is limited to the foreseeable damage typical for the contract.
(3) If weapons are modified, modified, or tuned by the buyer, the risk of liability for all resulting damages passes to the buyer. The seller is indemnified against any corresponding claims by third parties.
10. Special Conditions for Goods and Ammunition Requiring a Permit Under Weapons Law
Deliveries of weapons and ammunition requiring a permit will only be made upon presentation of the buyer’s valid weapons permits (see Section 2.4), an active registration in the National Weapons Register (NWR), and notification of the relevant NWR identification numbers.
11. Final Provisions
(1) The place of performance for delivery and payment, as well as the place of jurisdiction for all disputes arising from this contract, is Offenbach am Main, provided the buyer is an entrepreneur. For disputes with consumers, the statutory place of jurisdiction shall apply.
(2) German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
(3) Should any provision of these General Terms and Conditions be invalid, the validity of the remaining provisions shall remain unaffected.