General Terms & Conditions

General Terms and Conditions
Overview of the General Terms and Conditions

1 Scope of application
2. contractual partners, customer service
3. conclusion of contract
4. execution of the purchase contract
5. prices
6. shipping costs
7. methods of payment
8. self-collection
9. offsetting
10 Warranty and liability
11. reservation of title
12. revocation instruction
13. agreement on bearing costs when exercising the right of withdrawal
14. storage of the contract text
15. final provisions


Note on dispute resolution:
You can find the EU Commission's online dispute resolution platform here:
https://ec.europa.eu/consumers/odr


Our email address is info@softair.zone

We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.

1. scope of application
These General Terms and Conditions (GTC) apply to all contracts between SOFTAIR.ZONE UG (haftungsbeschränkt) and consumers (§ 13 BGB) that are concluded via our online store. A consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity.

2 Contractual partner, customer service
The purchase contract is concluded with SOFTAIR.ZONE UG (haftungsbeschränkt). Further information about us can be found in the imprint. You can reach our service team for questions, complaints and objections by calling 02051/30 90 931.

3. conclusion of contract
The presentation of the products in the online store does not constitute a legally binding offer, but a non-binding online catalog. By clicking on the “Send order” button, you place a binding order for the goods contained in the shopping cart. Confirmation of receipt of your order will be sent together with acceptance of the order by automated e-mail immediately after it has been sent. The purchase contract is concluded with this e-mail confirmation. For goods that are subject to an age restriction, a purchase contract is only concluded subject to the condition precedent that the customer meets the age requirements and provides appropriate proof of age.
When ordering weapons, the conclusion of a purchase contract is made dependent on the sending of a corresponding proof of age.

4. execution of the purchase contract
a. The customer shall bear the shipping costs in accordance with the shipping costs valid at the time of the order.

b. Payment of the purchase price is due immediately upon conclusion of the purchase contract. The customer has the option of choosing between different payment methods.

c. In the event of returned direct debits and refusal to accept cash on delivery, these additional costs will be charged to the customer.

d. The seller is entitled to withdraw from the contract if he does not receive the object of performance despite the prior conclusion of a corresponding purchase contract on his part; the seller's liability for intent or negligence remains unaffected. In this case, the Seller shall immediately inform the Buyer of the non-availability and immediately refund any consideration already paid. In this case, the Seller reserves the right to offer goods of an equivalent price and quality with the aim of concluding a new contract for the purchase of goods of the same price and quality.

e. By accepting the General Terms and Conditions, the customer declares that he/she has reached the age of 18 and is therefore legally competent or, if the customer has not reached the age of 18, he/she declares by accepting the General Terms and Conditions that he/she has reached the age of 14 and has obtained the consent of his/her legal representative before placing the order. The seller points out that any damages incurred by him as a result of incorrect age information, incorrect address information or orders placed for fun will be asserted against the customer.

f. The customer shall inspect the ordered goods immediately after delivery, insofar as this is a mutual commercial transaction within the meaning of the German Commercial Code. This applies in particular with regard to the completeness of the goods and their respective functionality. The seller must be notified immediately of any defects that are discovered or are readily identifiable. A detailed description of the defect must be enclosed. If the Buyer fails to notify the Seller, the goods shall be deemed to have been approved, unless the defect was not recognizable during the inspection.

g. Defects in the goods which cannot be detected during the proper inspection in accordance with paragraph 7 must be notified to the seller immediately after their discovery, insofar as it is a mutual commercial transaction; otherwise the goods shall be deemed to have been approved even in view of this defect.

5. prices
All prices are quoted in euros including VAT. The prices at the time of ordering apply. Vouchers for individual promotions cannot be combined with each other.

6. shipping costs
You can find our current shipping costs table at https://www.softair.zone/versandkosten. If other postage, packaging and insurance costs are charged for our shipments, this is indicated in the respective offers. Please note the shipping costs shown before you confirm an order. However, these flat-rate shipping costs do not apply to dealers or resellers. If you cannot find your desired country, please contact us at info@softair.zone.

7. payment methods
We accept payment by prepayment, Paypal, credit card and instant bank transfer.
Prepayment: If you select the prepayment payment method, we will provide you with our bank details in the order confirmation and deliver the goods after receipt of payment.
Credit card: Your credit card will be charged upon completion of the order.

8 Offsetting
You are only entitled to offset if your counterclaims have been legally established by a court of law or are undisputed or have been recognized by us in writing.

9. right of retention
You may only exercise a right of retention if the claims result from the same contractual relationship.

10 Warranty and liability
a. The seller is generally liable for defects in the goods in accordance with the statutory provisions of the law on the sale of goods (§§ 434 ff. BGB) and - if the customer is a consumer - the law on the sale of consumer goods (§§ 474 ff. BGB), unless otherwise stipulated in these GTC.

b. If the customer is an entrepreneur, the warranty period for the rights under § 437 No. 1 and No. 3 BGB for new items is one year from the start of the statutory limitation period, in deviation from § 438 Para. 1 No. 3 BGB. For consumers, the statutory warranty period of two years applies in the case of § 438 Para. 1 No. 3 BGB.

c. If the customer is an entrepreneur, the warranty for used items is excluded. For consumers, the warranty period for the rights arising from § 437 No. 1 and No. 3 BGB shall be reduced to one year from the start of the statutory limitation period in deviation from § 438 Para. 1 No. 3 BGB.

d. The seller is not liable for damages caused by slight negligence.

e. The limitations of liability according to the preceding numbers b., c. and d. shall not apply to damages resulting from injury to life, body or health, in the event of fraudulent concealment of defects, claims under the Product Liability Act, in the event of intent and gross negligence and in the event of breach of obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the customer may regularly rely.

11. reservation of title
a. The goods remain our property until full payment has been made. Should your address change during this period, please inform us immediately.
b. If the customer is an entrepreneur, the risk is already transferred to the entrepreneur when the goods are handed over to the transport company. In the case of consumers, the risk is only transferred when the goods are handed over to the customer.

c. The customer, who is not a consumer, is in default if he has not paid within 30 days of the due date. Consumers shall also be in default within 30 days of the due date if they are informed of this consequence in the invoice or request for payment.

12. revocation instruction
You only have a right of revocation in accordance with the following revocation instructions if you are a consumer. According to § 13 BGB, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession.



Cancellation policy for consumers
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.
To exercise your right of withdrawal, you must inform us SOFTAIR.ZONE UG (haftungsbeschränkt), Grünheide 79, 42549 Velbert, phone 02051/30 90 931, fax 02051-30 98 298, e-mail: info@softair.zone of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.
You can also electronically complete and submit the sample withdrawal form or another clear declaration on our website www.softair.zone. If you make use of this option, we will immediately send you a confirmation of receipt of such a withdrawal (e.g. by e-mail).
In order to comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, 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 repayment. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.
You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.
If you are unable to return the goods received in whole or in part or only in a deteriorated condition, you may have to compensate us for the loss in value.

Unless the parties have agreed otherwise, the right of withdrawal does not apply to the following contracts:
- Contracts for the supply of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
- Contracts for the supply of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,
- Contracts for the delivery of goods if they have been inseparably mixed with other goods after delivery due to their nature,
 
End of cancellation policy
 
13. cost bearing agreement  
You shall bear the direct costs of returning the goods.
You shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

14. storage of the contract text
We save the text of the contract and send you the order data and our GTC by e-mail. You can also view the GTC here at any time. For security reasons, your order data is no longer accessible via the Internet.

15. final provisions
a. These General Terms and Conditions and the respective purchase contract concluded shall be governed exclusively by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods if the customer is not a consumer.

b. If the parties are registered traders, the place of jurisdiction for all disputes arising from or in connection with this contract shall be the city of the seller's registered office.

c. Should one or more clauses of these terms and conditions be wholly or partially invalid, this shall not affect the validity of the remaining provisions.



Note on Klarna (DE/AT) / AGBs DE & AT Klarna

Payment by invoice and financing
In cooperation with Klarna AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you purchase on account and installment purchase as a payment option. Please note that purchase on account and installment purchase are only available to consumers and that payment must be made to Klarna in each case.

Invoice
When purchasing on account with Klarna, you always receive the goods first and you always have a payment period of 14 days. The full terms and conditions for purchase on account for deliveries to Germany can be found here and the full terms and conditions for purchase on account for deliveries to Austria can be found here. The online store charges a fee of 0.00 euros per order when purchasing on account with Klarna.

Installment purchase
With Klarna's financing service, you can pay for your purchase flexibly in monthly installments of at least 1/24 of the total amount (but at least €6.95) or under the conditions otherwise specified in the checkout. Further information on installment purchases, including the general terms and conditions and the European standard information for consumer credit, can be found here. Installment purchase is only offered for Germany.

Data protection notice
Klarna checks and evaluates your data details and exchanges data with other companies and credit agencies where there is a legitimate interest and reason to do so. Your personal data will be treated in accordance with the applicable data protection regulations and in accordance with the information in Klarna's data protection regulations for Germany/Austria.

Further information on data protection can be obtained directly from Klarna:

- General information on data protection Klarna
- Privacy policy for Germany Klarna
- Privacy policy for Austria Klarna