Terms and Conditions

General Terms and Conditions of HunTac GmbH & Co. KG 

for the online shop www.huntac.de

– legally represented by
HunTac Vermögens- und Verwaltungs GmbH
Oliver Falk
Dipl.-Ing. (FH) Thomas Helmig

1. Scope
1.1. These General Terms and Conditions (“T&C”) exclusively apply to all contracts concluded via the online shop www.huntac.de/en/ (hereinafter “Online Shop”) between us, HunTac GmbH & Co. KG, Iburger Str. 76, 49082 Osnabrück, Phone: (+49) 541/7607794, info@huntac.de (hereinafter “we” or “HunTac GmbH & Co. KG”), and you (hereinafter also “Customer”).
1.2. The customer agrees to the validity of these T&C upon registering for the Online Shop, but at the latest when ordering goods via the Online Shop.
1.3. Our product offerings are directed equally to consumers and business customers. For the purposes of these T&C, (i) a “consumer” is any natural person who concludes the contract for purposes that are predominantly neither commercial nor self-employed professional activities (§ 13 BGB), and (ii) a “business customer” is a natural or legal person or a legal partnership who acts in the exercise of their commercial or self-employed professional activity when concluding the contract (§ 14 para. 1 BGB).

2. Order Placement and Contract Conclusion
Product offers in our Online Shop constitute a non-binding invitation to order goods from HunTac GmbH & Co. KG. By clicking a button such as “Buy” or “Order with Obligation to Pay” the customer submits a binding offer to purchase the goods in their cart. HunTac GmbH & Co. KG will confirm receipt of this order by email without delay. This auto-generated order confirmation does not constitute acceptance of the offer. The contract is concluded only by explicit order confirmation from HunTac GmbH & Co. KG via email or by delivery of the goods. We will notify the customer of acceptance within 5 business days; after that, the customer is no longer bound to the offer. Orders and deliveries are only possible within the Federal Republic of Germany, unless agreed otherwise in writing.

3. Right of Withdrawal
3.1. Withdrawal Instructions
If the customer is a consumer, they are entitled to withdraw from the contract in accordance with the following policy:

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without stating any reason.

The withdrawal period is fourteen days from the day

a) you or a third party designated by you, who is not the carrier, took possession of the goods, if you ordered one or more goods under a single order and the goods are delivered together;
or
b) you or a third party designated by you, who is not the carrier, took possession of the last good, if you ordered several goods in a single order and they are delivered separately;
or
c) you or a third party designated by you, who is not the carrier, took possession of the last partial shipment or last item, if the goods are delivered in several partial shipments or pieces.

If multiple of the above scenarios apply, the withdrawal period starts when you or the designated third party took possession of the last good or part.

To exercise your right of withdrawal, you must inform us (HunTac GmbH & Co. KG, Iburger Str. 76, 49082 Osnabrück, Phone: (+49) 541/7607794, Fax: (+49) 5456/934937, Email: info@huntac.de) of your decision by means of a clear declaration (e.g. a letter by post, fax, or email). You may use the attached model withdrawal form, but this is not required.

You may also fill out and submit the model withdrawal form or another clear statement electronically on our website:
https://huntac.de/en/informationen/right-of-withdrawal/.
If you use this option, we will promptly send you confirmation (e.g. by email) of receipt.

To meet the withdrawal deadline, it is sufficient to send your notice before the withdrawal period expires.

Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse you all payments received from you, including delivery costs (excluding additional costs resulting from your choice of a different delivery method than the cheapest standard option we offer), without delay and at the latest within fourteen days from the day we receive notice of your withdrawal. We use the same payment method as used in the original transaction unless explicitly agreed otherwise. In no case will you be charged for this refund. We may withhold the refund until we have received the goods back or until you provide proof of return shipment, whichever is earlier.

You must return or hand over the goods to us without delay and no later than fourteen days from the day you notified us of the withdrawal. The deadline is met if you send the goods before the fourteen-day period expires. You bear the direct cost of returning the goods.
3.2 Exclusion of the Right of Withdrawal
The right of withdrawal does not apply to contracts:
– for delivery of goods not prefabricated and made based on individual choice or specifications or clearly tailored to the personal needs of the consumer;
– for delivery of goods that can spoil quickly or whose expiry would be quickly exceeded;
3.3 Expiry of the Right of Withdrawal
The right of withdrawal expires prematurely for contracts:
– for delivery of goods that were inseparably mixed with other items after delivery due to their nature;
– for delivery of audio or video recordings or computer software in a sealed package, if the seal has been removed after delivery.

4. Retention of Title
Until full payment is made, delivered goods remain the property of HunTac GmbH & Co. KG (“reserved goods”). You may not sell or pledge these goods to third parties and must handle them with care. You must inform us immediately if third parties access the reserved goods. You are liable for all costs incurred to remove such access, especially through third-party objection claims, unless recoverable from the third party.

5. Warranty
5.1. Purchased goods are subject to statutory warranty rights.
5.2. If the delivered goods are defective and the customer is a business, we may choose to either remedy the defect or deliver non-defective goods. This choice must be communicated in text form (including fax or email) within three business days of notification of the defect.
5.3. If the customer is a consumer, their claims for defects are subject to statutory limitation periods. If the customer is a business, the limitation period for claims due to defects is twelve months from delivery of the defective goods, whether new or used. Legal limitation periods apply if HunTac GmbH & Co. KG is found guilty of fraud, intent, or gross negligence.
5.4. Applies only to business customers: The customer must inspect the goods immediately upon receipt. Delivered goods are deemed accepted unless we are notified of obvious defects within five business days of delivery or of hidden defects within five business days of discovery.

6. Liability
6.1. HunTac GmbH & Co. KG is fully liable:
– in cases of intent or gross negligence,
– for injury to life, body, or health,
– under the Product Liability Act, and
– to the extent of any warranty assumed by HunTac GmbH & Co. KG.
6.2. Notwithstanding section 6.1, HunTac GmbH & Co. KG is liable for negligence only in case of breach of essential contractual obligations (“cardinal obligations”)—those duties which enable the proper performance of the contract and on which the customer may regularly rely. In such cases, liability is limited to typical and foreseeable damages at the time of contract conclusion.
6.3. The above liability limitations also apply in case of fault by vicarious agents or personal liability of employees and representatives of HunTac GmbH & Co. KG.
6.4. The statutory limitation period applies in cases under section 6.1. In all other cases, damage claims shall expire one year after the end of the year in which the claim arose and the customer became aware or should have become aware through gross negligence. In any case, claims expire no later than five years after arising and ten years after the action causing the damage.

7. Data Protection
When collecting, processing, and using personal customer data in the context of contract conclusion and performance, HunTac GmbH & Co. KG complies with applicable data protection laws, particularly the Federal Data Protection Act (“BDSG”). Detailed information can be found in our Privacy Policy at:
https://huntac.de/en/informationen/gdpr/

8. Prices and Payment
8.1. Unless explicitly agreed otherwise, all deliveries by HunTac GmbH & Co. KG are based on the prices listed on the date of order in the Online Shop. Prices include VAT. Shipping costs listed in the order are added. The customer bears customs duties and similar charges.
8.2. We accept credit cards (MasterCard and VISA) and advance payment.
8.3. The customer has no right to offset or withhold payments unless the counterclaims are undisputed or legally established.

9. Delivery Time
9.1. We will deliver goods within the delivery period specified on the respective product page. If no period is given, items marked as “in stock” will be delivered within 10 business days; other items within four weeks.
9.2. The delivery period starts on the date of payment receipt (i.e., conclusion of the contract).
9.3. For business customers: If our supplier fails to deliver an item marked as “not in stock” on the website, the delivery period is extended by the supplier's delivery time plus two business days, but no more than three weeks. This only applies if we ordered promptly and are not responsible for the delay.
9.4. If goods are not or not timely available, e.g., due to supplier delays, we will inform the customer immediately. If the goods are not expected to be available, we may withdraw from the contract and refund any payments already made. Customer rights under law remain unaffected; damages may only be claimed under section 6.

10. Shipping, Insurance, and Transfer of Risk
10.1. Unless otherwise agreed, we choose the shipping method and carrier at our discretion.
10.2. We may make partial deliveries of separately usable goods from a single order. Any additional shipping costs will be borne by us.
10.3. Large and bulky items will be delivered by freight carrier to the first accessible door or step at the delivery address.
10.4. For business customers: We are only obliged to deliver goods properly and on time to the carrier. We are not liable for delays caused by the shipping provider.
10.5. For consumers: The risk of accidental loss, damage, or loss of goods transfers to the customer upon delivery or if the customer is in default of acceptance. For all other cases, the risk transfers upon dispatch to the carrier.
10.6. We will insure the goods against standard transport risks at our expense.

11. Purchase of Weapons, Ammunition, and Powder
11.1. Weapons and ammunition are only sold to persons over 18 years of age. Sales and deliveries require proof of age via an official document.
11.2. Handling of weapons/ammunition listed in Annex 2, Section 2 of the German Weapons Act requires a permit. Sales are only made upon presentation of valid documents (e.g., hunting license, weapons ownership card) in original or officially certified copy.
11.3. Weapons/ammunition listed in Annex 2, Section 1 of the Weapons Act are generally prohibited. Sales require a special permit from the relevant authority in original or certified copy.
11.4. Gunpowder is sold only upon presentation of the original explosives license.

12. Storage and Access to Contract Text
The contract text is available to the customer at the time of ordering and will be sent by email upon contract confirmation. Apart from the current T&C, other contractual texts are not stored in the Online Shop after conclusion of contract.

13. Applicable Law, Jurisdiction, Final Provisions
13.1. The purchase contract and any related claims are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG), subject to mandatory conflict-of-law provisions.
13.2. If the customer is a merchant (§1 para. 1 German Commercial Code), a legal entity under public law, or a special public fund, jurisdiction lies exclusively with the courts in Osnabrück. In all other cases, legal jurisdiction applies.
13.3. If any provision of these T&C is or becomes invalid, or if there is an omission, the validity of the remaining provisions remains unaffected. Where invalidity is not due to §§ 305 ff. BGB, a valid clause that comes closest to the parties’ original intent shall replace the invalid clause. The same applies to omissions. For unlawful deadlines, the statutory maximum shall apply.

Osnabrück, January 1, 2020