General Terms and Conditions in the version dated 01.07.2020
Table of Contents
- Scope of Application
- Conclusion of the Contract
- Right to Cancel
- Prices and Payment Conditions
- Shipment and Delivery Conditions
- Reservation of Proprietary Rights
- Data Protection
- Redemption of Campaign Vouchers
- Redemption of Gift Vouchers
- Return and disposal
- Applicable Law
- Place of Jurisdiction
- Alternative Dispute Resolution
- Course fee/material costs
- Cancellation/change of course
1) Scope of Application
1.1 These General Terms and Conditions of the company DICTUM GmbH (hereinafter referred to as "Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "Client”) and the Seller relating to all goods and/or services presented in the Seller's online shop. These General Terms and Conditions shall furthermore apply to all contracts for the delivery of goods concluded between a consumer or a trader (hereinafter referred to as »Customer«) and the Seller relating to all goods presented in the Seller's catalogue using means of remote communication (e.g. telephone, fax, e-mail, letter) exclusively by means of individual communication as defined by § 312j (5) sentence 1 BGB. The inclusion of the Client’s own conditions is herewith objected to, unless other terms have been stipulated.
1.2 Regarding contracts for the delivery of vouchers, these Terms and Conditions apply accordingly, unless expressly regulated otherwise.
1.3 For contracts regarding the delivery of vouchers, these Terms and Conditions shall apply accordingly, unless expressly agreed otherwise.
1.4 A consumer pursuant to these Terms and Conditions is any natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity. A trader pursuant to these Terms and Conditions is any natural or legal person or partnership with legal capacity acting in the performance of a commercial or self-employed occupational activity when concluding a legal transaction.
2) Conclusion of the Contract
2.1 The product descriptions in the Seller’s online shop or print catalogue do not constitute binding offers on the part of the Seller, but are merely descriptions which allow the Customer to submit a binding offer.
2.2 The Client may submit the offer via the online order form integrated into the Seller's online shop. In doing so, after having placed the selected goods and/or services in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process (« Complete Payment «), the Client submits a legally binding offer of contract with regard to the goods and/or services contained in the virtual basket. The Client may also submit his offer to the Seller by telephone, fax, e-mail or post. If the print catalogue is accompanied by an order form, the Customer can also use this form to submit his offer by filling in the form and returning it to the Seller by post, fax or e-mail.
2.3 The Seller may accept the Client’s offer within fourteen days,
- by transferring a written order confirmation or an order confirmation in written form (fax or e-mail), insofar as receipt of order confirmation by the Client is decisive, or
- by delivering ordered goods to the Client, insofar as receipt of goods by the customer is decisive, or
- by requesting the Client to pay after placing his order.
The contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. Should the Seller not accept the Client's offer within the aforementioned period of time, this shall be deemed as rejecting the offer, with the effect that the Client is no longer bound by his statement of intent.
2.4 When submitting an offer via the Seller's online order form, the text of the contract is stored by the Seller after the contract has been concluded and transmitted to the Client in text form (e.g. e-mail, fax or letter) after the order has been sent. The seller shall not make the contract text accessible beyond this. If the Client has set up a user account in the Seller's online shop prior to sending his order, the order data shall be stored on the Seller's website and can be accessed by the Client free of charge via his password-protected user account by specifying the corresponding login data.
2.5 Prior to submitting a binding order via the Seller’s online order form, the Client may recognize input errors by attentively reading the information displayed on the screen. Use of the enlargement function of the browser to enlarge the display on the screen may be an effective method for better recognizing input errors.
The Client can correct all the data entered via the usual keyboard and mouse function during the electronic ordering process, until he clicks the button finalizing the ordering process.
2.6 The German and the English language are exclusively available for the conclusion of the contract.
2.7 Order processing and contacting usually take place via e-mail and automated order processing. It is the Client’s responsibility to ensure that the e-mail address he provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. Particularly, it is the Client`s responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.
3) Right to Cancel
3.1 Consumers are entitled to the right to cancel.
3.2 Detailed information about the right to cancel is provided in the Seller’s instruction on cancellation.
3.3 The right of revocation does not apply to consumers who do not belong to a member state of the European Union at the time of the conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of the conclusion of the contract.
The right of revocation does not apply for distance contracts for
a) the delivery of goods that are manufactured according to the Customer’s specifications or that are clearly adapted to personal requirements, or due to their nature are not suitable for return shipment, or may deteriorate rapidly, or if after shipping their sell-by-date would be exceeded;
b) the delivery of audio or video recordings or of software if the delivered data medium has been unsealed by the Customer;
c) the delivery of newspapers, magazines and periodicals, unless the Customer has submitted the contractual statement by telephone;
d) the provision of other services relating to leisure activities, where the contract provides for a specific date or period of time for the provision of such services.
4) Prices and Payment Conditions
4.1 Unless otherwise stated in the product descriptions, prices indicated are total prices and include the statutory value-added tax. The Seller reserves the right to adjust the prices if the VAT rate is altered. Any potential additional delivery and dispatch costs are not included in the price of the product(s) but are specified separately in the respective product description. Unless otherwise agreed, shipping costs must be borne by the Customer. For international orders, the Seller reserves the right to choose express delivery as the method of shipping if in this case the shipping costs are lower than that of standard shipping.
4.2 The prices shown in the print catalogue are valid until 31st July 2020. After 31st July 2020, the Seller reserves the right to make price adjustments due to short-term price changes introduced by suppliers, currency fluctuations or similar. Any order placed after 31st July 2020 that has not been placed through our online shop (www.thegundogaffair.com) will be accepted on the basis of the catalogue prices (order confirmation) provided that no price alterations have been necessary. In the case of necessary price alterations, the Seller shall submit a new price offer. If the latter is the case, the contract shall only be concluded if the Customer explicitly accepts this offer within 14 days. Book prices are subject to national book price maintenance. In the case of a price increase on the part of the publisher, the Seller shall be obliged to charge the new price.
4.3 In case of delivery to countries outside the European Union, additional costs may be incurred in individual cases for which the Seller is not responsible and which have to be borne by the Client. This includes, for example, transfer fees charged by banking institutes (transfer charges, exchange fees) or import duties or taxes (customs). Such additional costs regarding money transfer may also be incurred, if the Client carries out the payment from a country outside the European Union, even if delivery is not made in a country outside the European Union .
4.4 The Customer shall be informed of the payment options in the Seller’s online shop or print catalogue.
4.5 If prepayment by bank transfer has been agreed upon, payment is due immediately after conclusion of the contract, unless the parties have arranged a later maturity date
4.6 If the payment method “purchase on account” is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price is to be paid within 15 (fifteen) days from receipt of the invoice without deduction, unless otherwise agreed. The Seller reserves the right to offer the payment method “purchase on account” only up to a certain order volume, and he may refuse this payment method if the specified order volume is exceeded. The Seller also reserves the right to carry out a creditworthiness check when the payment method “purchase on account” is selected, and he may reject this payment method in the event of a negative creditworthiness check.
4.8 If the payment method "immediate bank transfer" is selected, payment processing is carried out via the payment service provider SOFORT GmbH, Theresienhöhe 12,80339 Munich (hereinafter referred to as "IMMEDIATE"). In order to be able to pay the invoice amount via “immediate bank transfer,” the Client must have an online banking account with the PIN/TAN method that is activated for participation in “immediate bank transfer,” he must have the appropriate credentials during the payment process, and he must confirm the payment instruction to IMMEDIATE . The payment transaction will be executed immediately afterwards and the Client’s bank account debited accordingly. Further information on the payment method “immediate bank transfer” can be called up by the Client on the Internet at https://www.sofort.com/ger-DE/kaeufer/su/so-funktioniert-sofort-ueberweisung/.
5) Shipment and Delivery Conditions
5.1 Goods are generally delivered on dispatch route and to the delivery address indicated by the Client, unless agreed otherwise. In the case of an order placed via the Seller's online order form, the delivery address specified in the online order form shall be decisive.
5.2 Should the assigned transport company return the goods to the Seller, because delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatch. This shall not apply, if the Client exercises his right to cancel effectively, if the delivery cannot be made due to circumstances beyond the Client's control, or if he has been temporarily impeded from receiving the offered service, unless the Seller has notified the Client for a reasonable time in advance about the service.
5.3 If goods are delivered by freight carrier, the goods shall be delivered free curb, that is to say, to the public curb stones which are closest to the delivery address, unless otherwise stipulated in the shipping information displayed in the Seller’s online shop or unless otherwise agreed.
5.4 In case the Client is a trader, the risk of accidental destruction and accidental deterioration of the sold goods shall be transferred to the Client upon delivery of the goods to the freight forwarder, carrier or other person or institution designated with the task of performing shipment. In case the Client is a consumer, the risk of accidental destruction and accidental deterioration of the sold goods shall in principle be transferred to the Client upon delivery of the goods to the Client or to an authorized recipient. Deviating from this, even in case the Client is a consumer, the risk of accidental destruction and accidental deterioration of the sold goods is transferred to the Client upon delivery of the goods to the freight forwarder, carrier or other person or institution designated with the task of performing shipment, if the Client has instructed the freight forwarder, carrier or other person or institution designated with the task of performing shipment to carry out the delivery of the goods and if the choice of this person or institution was not previously offered by the Seller.
5.5 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the Seller is not responsible for the non-supply and if he has concluded a concrete hedging transaction with the supplier. The Seller shall make all reasonable efforts to obtain the goods. In case of non-availability or partial availability of the goods he shall inform the Client and grant him immediately counterperformance.
5.6 Should the Client collect the goods himself, the Seller informs the Client by e-mail that the goods are available for collection. After receiving the e-mail, the Client may collect the goods in consultation with the Seller. In this case, shipment costs will not be charged.
5.7 Vouchers will be provided to the Client as follows:
- by post
5.8 Delivery to recipients in Germany shall be made within 1-3 working days, unless otherwise stated in the product description. For information on delivery times to other countries see https://www.thegundogaffair.com/en/shipping-costs
6) Reservation of Proprietary Rights
If the Client is a consumer, the Seller retains title of ownership to the delivered goods until the purchase price owed has been paid in full.
6.1 If the Client is a trader, the Seller reserves title to the goods delivered until the fulfillment of all claims arising out of the current business relationship.
6.2 If the Client is a trader, he is entitled to resell the reserved goods in the course of regular business operations. All claims resulting from such course of business against a third party shall herewith be assigned in advance to the Seller in the amount of the respective invoice value (including VAT). This assignment of claims shall be valid regardless of whether the reserved goods are processed prior to or after resale or not. The Client remains entitled to collect the claims even after assignment. However, the Seller shall refrain from collecting the claims as long as the Client meets his payment obligations, he is not in default, and no application has been lodged to open insolvency proceedings.
Should the object of purchase be deficient, statutory provisions shall apply. Deviating therefrom, the following shall apply:
7.1 For traders,
- a marginal defect shall generally not constitute warranty claims defects,
- the Seller may choose the type of subsequent performance,
- for new goods, the limitation period for defects shall be one year from transfer of risk,
- for used goods, rights and claims for defects are generally excluded,
- the limitation period shall not recommence if a replacement delivery is carried out within the scope of liability for defects.
7.2 If the client acts as a consumer, the following restriction applies to used goods: Claims for defects are excluded if the defect does not occur until one year after delivery of the goods. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period.
7.3 The aforementioned limitations of liability and the restrictions of limitation periods do not apply
- to a product, which was not used, in accordance with its usual application, for building construction and which was the cause of the building's defectiveness,
- to claims for damages and reimbursement of expenses by the Client.
- If the Seller has fraudulently concealed the defect.
7.4 Furthermore, for traders the statutory limitation periods for recourse claims pursuant to section 445b of the German Civil Code (BGB) remain unaffected.
7.5 If the Client is a businessperson pursuant to section 1 of the German Commercial Code (HGB) he has the commercial duty to examine the goods and notify the Seller of defects pursuant to section 377 HGB. Should the Client neglect the obligations of disclosure specified therein, the goods shall be deemed approved.
7.6 If the Client is a consumer, the forwarding agent has to be immediately notified of any obvious transport damages and the Seller has to be informed accordingly. Should the Client fail to comply therewith, this shall not affect his statutory or contractual claims for defects.
8) Data Protection
For detailed information on data protection see https://www.thegundogaffair.com/en/privacy-and-data-protection.
The Seller shall be liable to the Client for any contractual and quasi-contractual claims and for claims of liability in tort regarding damages and effort compensation as follows:
9.1 The Seller shall face unlimited liability regardless of the legal ground
- in case of intent or gross negligence,
- in case of injuries of life, body, or health resulting from intent or negligence,
- in case of a promise of guarantee, unless otherwise provided,
- in case of liability resulting from mandatory statutory provisions such as the product-liability-law.
9.2 If the Seller negligently infringes an essential contractual duty, the liability to pay damages shall be limited to the foreseeable, typically occurring damage, unless unlimited liability applies pursuant to the aforementioned Section. Essential significant contractual obligations are obligations the contract imposes on the Seller according to its content to meet the purpose of the contract and whose fulfillment is essential for the due and proper implementation of the contract and on the fulfillment of which the Client can regularly rely.
9.3 For the rest, the Seller’s liability is excluded.
9.4 The aforementioned provisions on liability apply also to the Seller’s liability regarding his legal representatives and vicarious agents.
10) Redemption of Campaign Vouchers
10.1 Vouchers which are issued by the Seller free of charge, for a specific period of validity in the context of promotional activities and which cannot be purchased by the Client (hereinafter to as "campaign vouchers”) can be redeemed onla in the Seller’s online shop, as well as on orders placed by telephone or fax, or in person or by telephone in the Seller's local shops, and and only within the indicated time period.
10.2 Campaign vouchers can be redeemed only by consumers.
10.3 Individual products may be excluded from the voucher campaign, if such a restriction results from the conditions of the campaign voucher.
10.4 Campaign vouchers must be redeemed prior to the conclusion of the order procedure. Subsequent offsetting is not possible.
10.5 Only one campaign voucher can be redeemed per order.
10.6 If the value of the campaign voucher is not enough for the order, the Client may choose one of the remaining payment methods offered by the Seller to pay the difference.
10.7 The campaign voucher credit will not be redeemed in cash and is not subject to any interest.
10.8 The campaign voucher will not be redeemed if the Client, in the context of his legal right to cancel, returns goods paid fully or partially by a campaign voucher.
10.9 The campaign voucher is transferable. The Seller may render performance with discharging effect to the respective owner who redeems the campaign voucher. This does not apply if the Seller has knowledge or grossly negligent ignorance of the non-entitlement, legal incapacity or of the missing right of representation regarding the respective owner.
11) Redemption of Gift Vouchers
11.1 Vouchers which can be purchased via the Seller’s online shop (hereinafter to as "gift vouchers") can be redeemed only in the Seller’s online shop, as well as on orders placed by telephone or fax, or in person or by telephone in the Seller's local shops, unless otherwise stated on the voucher.
11.2 Gift vouchers and remaining assets of gift voucher can be redeemed by the end of the third year following the year of the gift vouchers' purchase. Remaining assets will be credited to the Client’s voucher account.
11.3 Gift vouchers must be redeemed prior to the conclusion of the order procedure. Subsequent offsetting is not possible.
11.4 In case of an order, several vouchers can be redeemed.
11.5 Gift vouchers can be used only for the purchase of goods and not for the purchase of other gift vouchers.
11.6 If the value of the gift voucher is not enough for the order, the Client may choose one of the remaining payment methods offered by the Seller to pay the difference.
11.7 The gift voucher credit will not be redeemed in cash and is not subject to any interest.
11.8 The gift voucher is transferable. The Seller may render performance with debt-discharging effect to the respective owner who redeems the gift voucher. This does not apply, however, if the Seller has knowledge or grossly negligent ignorance of the non-entitlement, legal incapacity, or of the missing right of representation regarding the respective owner.
12) Return and disposal
For detailed information on the return and disposal of electrical equipment in accordance with the WEEE Directive see https://www.thegundogaffair.com/en/return-disposal
13) Applicable Law
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For consumers, this choice of law applies only to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
14) Place of Jurisdiction
If the Client is a businessman, a legal entity of public law, or a separate estate under public law with its seat in the territory of the Federal Republic of Germany, the Seller’s place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract. If the Client is domiciled outside the territory of the Federal Republic of Germany, the Seller’s place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract,provided that the contract or claims from the contract can be assigned to the Client’s professional or commercial activities. In any event however, regarding the aforementioned cases, the Seller is entitled to appeal to the court which has jurisdiction over the area where the Client’s place of business is located.
15) Alternative Dispute Resolution
15.1 The EU Commission provides on its website the following link to the ODR platform: https://ec.europa.eu/consumers/odr.
This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.
15.2 The Seller is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.
You can register by phone, letter, fax, e-mail or on the Internet and you will receive a written confirmation of your registration. If you are registering for someone else, please be sure to give their name and address.
2) Course fee/material costs
All stated prices include the valid value added tax.
You will receive an invoice for the course fee four weeks before the course starts. Payment must be made within 15 days. If you have given us a bank or credit card direct debit authorisation, the course fee will be automatically debited after the invoice is issued. If payment is not made in due time, your place on the course shall be withdrawn.
- Up to 31 days prior the course: the cancellation charge is 5 % of the course fees
- From 30 days prior to course start date: the cancellation charge is 100 % of the course fees
- Non-attendance of the course: the cancellation charge is 100 % of the course fees
5) Cancellation/change of course
We reserve the right to cancel courses up to 10 days prior to the start of the course for organisational reasons (e.g. if the minimum number of participants, depending on the type of seminar, is not reached or if the course instructor cancels at short notice). You will be informed immediately in writing by letter or e-mail, or by telephone. Course fees that have already been paid will be refunded. No further claims shall arise. We reserve the right to make any changes regarding course locations and lecturers with prior notice.
During working hours, participants are insured against accidents under our company liability insurance. The instructions of the course instructor and staff must be followed. In particular, work on and with machines is prohibited without the prior consent and instruction of the course instructor. Participants may be excluded from the course in the event of non-compliance, gross negligence or alcohol and drug consumption. Any liability claim shall thus cease.