GTC
General Terms and Conditions with Customer Information
Table of Contents
- 1. Scope
- 2. Conclusion of the Contract
- 3. Right of Withdrawal
- 4. Prices and Payment Conditions
- 5. Delivery and Shipping Conditions
- 6. Retention of Title
- 7. Liability for Defects (Warranty)
- 8. Special Conditions for the Processing of Goods According to Customer Specifications
- 9. Special Conditions for Installation/Assembly Services
- 10. Redemption of Promotional Vouchers
- 11. Redemption of Gift Vouchers
- 12. Applicable Law
- 13. Alternative Dispute Resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of Andreas Schatzl, acting under "AT-TACTICAL" (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods displayed by the Seller in his online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 These GTC apply accordingly to contracts for the delivery of vouchers, unless otherwise expressly agreed.
1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that predominantly cannot be attributed to their commercial or self-employed professional activity. An entrepreneur within the meaning of these GTC 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 self-employed professional activity.
2) Conclusion of the Contract
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.
2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. In doing so, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button concluding the ordering process.
2.3 The Seller can accept the Customer's offer within five days, • by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the Customer is decisive, or • by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or • by requesting payment from the Customer after the order has been placed. If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the Customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this is considered a rejection of the offer with the result that the Customer is no longer bound by their declaration of intent.
2.4 When selecting a payment method offered by PayPal, the payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), under the PayPal terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the Customer does not have a PayPal account – under the conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer selects a payment method offered by PayPal during the online ordering process, the Seller already declares acceptance of the Customer's offer at the time when the Customer clicks the button concluding the ordering process.
2.5 When submitting an offer via the Seller's online order form, the contract text is stored by the Seller after the contract is concluded and sent to the Customer after sending their order in text form (e.g., e-mail, fax, or letter). Further access to the contract text by the Seller is not provided. If the Customer has set up a user account in the Seller's online shop before submitting their order, the order data will be archived on the Seller's website and can be accessed free of charge by the Customer via their password-protected user account by providing the relevant login data.
2.6 Before the binding submission of the order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the enlargement function of the browser, which enlarges the display on the screen. The Customer can correct their entries using the usual keyboard and mouse functions until they click the button concluding the ordering process.
2.7 For the conclusion of the contract, the German and English languages are available.
2.8 Order processing and contacting are usually carried out by e-mail and automated order processing. The Customer must ensure that the e-mail address provided by them for order processing is accurate so that the e-mails sent by the Seller can be received at this address. In particular, the Customer must ensure that all e-mails sent by the Seller or third parties commissioned by the Seller to process the order can be delivered if SPAM filters are used.
2.9 For contracts for the delivery of weapons, the following conditions additionally apply:
2.9.1 When ordering goods covered by the German Weapons Act (WaffG), the Customer must be of legal age. Customers wishing to purchase weapons and ammunition listed in Annex 2 of the WaffG as requiring a permit must have a purchase permit. The Seller points out in the respective product description if a product is covered by the WaffG or requires a permit according to Annex 2 of the WaffG.
2.9.2 When ordering goods covered by the Weapons Act, the Customer assures by sending their order that they are at least 18 years old and that their details regarding their name and address are correct. The Customer further undertakes that only they themselves will take delivery of the goods. Delivery of the goods will only take place after successful age verification and authentication of the Customer.
2.9.3 When ordering goods that are subject to a permit under the Weapons Act, proof of the purchase permit must additionally be provided. Goods requiring a permit are only sold and delivered upon presentation of a valid purchase permit in the original or as a publicly (officially or notarized) certified copy of all inscribed pages. Delivery of the goods will only take place after successful age verification and authentication of the Customer.
3) Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller's withdrawal policy.
4) Prices and Payment Conditions
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices that include the statutory value-added tax. Any additional delivery and shipping costs will be stated separately in the respective product description.
4.2 The payment options are communicated to the Customer in the Seller's online shop.
4.3 If advance payment by bank transfer is agreed, payment is due immediately after the conclusion of the contract, unless the parties have agreed on a later due date.
4.4 When selecting the payment method "SOFORT" via Stripe, the invoice amount is due immediately upon conclusion of the contract. Payment processing is carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). Stripe reserves the right to conduct a credit check and to reject this payment method in the event of a negative credit check.
4.5 When selecting the payment method credit card via Stripe, the invoice amount is due immediately upon conclusion of the contract. Payment processing is carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). Stripe reserves the right to conduct a credit check and to reject this payment method in the event of a negative credit check.
5) Delivery and Shipping Conditions
5.1 The delivery of goods is carried out by shipping to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified in the Seller's order processing is decisive for the transaction.
5.2 If the delivery of the goods fails for reasons for which the Customer is responsible, the Customer bears the reasonable costs incurred by the Seller. This does not apply with regard to the costs for the return shipment if the Customer effectively exercises their right of withdrawal. For the return costs, the regulation in the Seller's withdrawal policy applies if the Customer exercises their right of withdrawal effectively.
5.3 In the case of self-collection, the Seller first informs the Customer by e-mail that the goods they ordered are ready for collection. After receiving this e-mail, the Customer can pick up the goods by arrangement with the Seller at the Seller's premises. In this case, no shipping costs will be charged.
5.4 Vouchers are provided to the Customer as follows: • by download • by e-mail
6) Retention of Title
If the Seller enters into advance performance, they retain ownership of the delivered goods until the purchase price owed has been paid in full.
7) Liability for Defects (Warranty)
7.1 If the purchased item is defective, the provisions of statutory liability for defects apply.
7.2 If the Customer acts as a consumer, they are requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the Seller accordingly. If the Customer does not comply with this request, this has no effect on their statutory or contractual claims for defects.
8) Special Conditions for the Processing of Goods According to Customer Specifications
8.1 If the Seller is obligated under the content of the contract to not only deliver the goods but also process them according to certain specifications of the Customer, the Customer must provide the Seller with all necessary content for processing, such as texts, images, or graphics in the formats, formats, image and file sizes specified by the Seller, and grant them the necessary rights of use. The procurement and acquisition of rights to these contents are solely the responsibility of the Customer. The Customer declares and assumes responsibility that they have the right to use the contents provided to the Seller. In particular, they ensure that no rights of third parties are violated, including copyrights, trademark rights, and personal rights.
8.2 The Customer indemnifies the Seller from claims of third parties that they may assert against the Seller in connection with a violation of their rights through the contractual use of the Customer's content by the Seller. In this context, the Customer also assumes the reasonable costs of the necessary legal defense, including all court and attorney's fees at the statutory rate. This does not apply if the Customer is not responsible for the infringement. If claims are asserted against the Seller by third parties, the Customer is obligated to immediately, truthfully, and completely provide the Seller with all information necessary for the examination of the claims and a defense.
8.3 The Seller reserves the right to reject processing orders if the contents provided by the Customer for this purpose violate legal or official prohibitions or public morals. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, offensive, youth-endangering, and/or violence-glorifying content.
9) Special Conditions for Installation/Assembly Services
If the Seller is obligated under the content of the contract to not only deliver the goods but also to install or assemble the goods at the Customer's premises, as well as any necessary preparatory measures (e.g., measurement), the following applies:
9.1 The Seller performs their services at their discretion in person or through qualified personnel selected by them. In doing so, the Seller may also use the services of third parties (subcontractors) who act on their behalf. Unless otherwise specified in the Seller's service description, the Customer has no right to select a specific person to perform the desired service.
9.2 The Customer must provide the Seller with the necessary information for the provision of the service truthfully and completely, provided that their procurement does not fall within the Seller's responsibilities according to the content of the contract.
9.3 The Seller will contact the Customer after the conclusion of the contract to arrange a date for the agreed service. The Customer must ensure that the Seller or the personnel commissioned by them have access to the relevant Customer facilities at the agreed date.
9.4 The risk of accidental loss and accidental deterioration of the sold goods does not pass to the Customer until the assembly work is completed and the goods are handed over to the Customer.
10) Redemption of Promotional Vouchers
10.1 Vouchers issued free of charge by the Seller as part of promotions with a specific validity period and which the Customer cannot purchase (hereinafter "promotional vouchers") can only be redeemed in the Seller's online shop and only within the specified period.
10.2 Promotional vouchers can only be redeemed by consumers.
10.3 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotional voucher.
10.4 Promotional vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.
10.5 Only one promotional voucher can be redeemed per order.
10.6 The value of the goods must at least equal the amount of the promotional voucher. Any remaining credit will not be refunded by the Seller.
10.7 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be chosen to settle the difference.
10.8 The credit balance of a promotional voucher is neither paid out in cash nor does it earn interest.
10.9 The promotional voucher will not be refunded if the Customer returns the goods paid for in whole or in part with the promotional voucher within the scope of their statutory right of withdrawal.
10.10 The promotional voucher is transferable. The Seller can provide performance with discharging effect to the respective holder who redeems the promotional voucher in the Seller's online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the non-entitlement, legal incapacity, or lack of representation authorization of the respective holder.
11) Redemption of Gift Vouchers
11.1 Vouchers that can be purchased in the Seller's online shop (hereinafter "gift vouchers") can only be redeemed in the Seller's online shop, unless otherwise stated in the voucher.
11.2 Gift vouchers and remaining balances of gift vouchers are redeemable until the end of the third year after the year of the voucher purchase. Remaining balances will be credited to the Customer until the expiration date.
11.3 Gift vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.
11.4 Only one gift voucher can be redeemed per order.
11.5 Gift vouchers can only be used to purchase goods and not to purchase additional gift vouchers.
11.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be chosen to settle the difference.
11.7 The credit balance of a gift voucher is neither paid out in cash nor does it earn interest.
11.8 The gift voucher is transferable. The Seller can provide performance with discharging effect to the respective holder who redeems the gift voucher in the Seller's online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the non-entitlement, legal incapacity, or lack of representation authorization of the respective holder.
12) Applicable Law
All legal relationships between the parties shall be governed by the laws of the Republic of Austria, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.
13) Alternative Dispute Resolution
13.1 The EU Commission provides an online dispute resolution platform on the Internet at the following link: https://ec.europa.eu/consumers/odr. This platform serves as a point of contact for out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
13.2 The Seller is not obliged to participate in a dispute resolution procedure before a consumer arbitration board but is generally willing to do so.