Conditions of Use

Terms and Conditions

§ 1 Scope, subject and conclusion of a contract

1. The following conditions govern the contractual relationship between Begadi GmbH, managing directors Benjamin Digeser und Gabriel Digeser, Dietinger Straße 23, 78661 Dietingen, Germany, in the following referred to as seller, and the respective buyer.
2. These terms shall apply exclusively. Contradicting or deviating conditions set by the buyer do not apply, unless the seller has specifically approved them.
3. The subject of each contract is the sale of goods by the seller to the buyer.
4. The buyer can order goods on the sellers website. After posting an order, the buyer receives an order confirmation, in which all specifications made by the buyer are repeated. This order confirmation does not constitute the conclusion of a contract. Only a shipping confirmation or the consignment of the goods will constitute a binding sales contract. 
5. If weapons are ordered, the conclusion of a sales contract depends on appropriate proof of age.
6. The contractual language is German. Pages written in other languages are for informational purposes only. In case of discrepancies, the German version is applicable.
7. All prices are gross prices in Euro.

§ 2 Execution of the sales contract, shipping costs

1. The buyer pays the shipping costs. Shipping costs depend on the shipping method the buyer selects.
2. Payment is due at conclusion of the sales contract. The buyer can choose among different payment methods. The seller reserves the right to exclude certain payment methods for international deliveries, for first time buyers or for other reasons.
3. Additional costs for returned debits and refused C.O.D. orders will be charged to the buyer.
4. The seller undertakes to deliver the goods to the buyer by mail after the sales contract is completed and, in case of payment in advance, after full payment is received. Partial deliveries are admissible if reasonable for the buyer.
5. In case of unavailability of the ordered goods, the seller reserves the right to withdraw from the contract and to immediately reimburse any payments already made by the buyer. In this case the buyer will be informed of the unavailability without delay. The seller reserves the right to substitute a product of equal quality and price with the intention to conclude a new sales contract for the product of equal quality and price and thereby cancelling the preceding contract.
6. The buyer will inspect the goods immediately upon receipt, as far as a commercial transaction for both parties according to the German Handelsgesetzbuch HGB (Commercial Law Code) is concerned. He will especially consider completeness and operability of the goods. The seller has to be informed immediately of any defects that have been detected or that are obviously noticeable. A detailed description of the defects should be attached. If the buyer does not report any defects, the goods are considered approved, unless there are any defects that have been undetectable during the inspection.
7. Any defects that have been undetectable during inspection (as defined in section 6) have to be reported to the seller immediately after detection, as far as a commercial transaction for both parties is concerned; otherwise the goods are considered approved with respect to this defect as well.

§ 3 Warranty and liability

1. According to the legal requirements of German Civil law (§§ 434 et seqq. BGB – German Civil Code), the seller is liable for any defects in the goods.
2. The defect liability period for used goods is one year, beginning with the legal limitation period.
3. If the buyer asserts a damage claim against the seller, the buyer has a right to supplementary performance, i. e. rectification of the defect or delivery of defect-free goods. All other rights, according to § 437 BGB (German Civil Code), remain unaffected. Without prejudice to § 275 (2) and (3), the seller may refuse the form of supplementary performance chosen by the buyer if such performance is possible only with unreasonable expense. In that context, it is necessary to have regard in particular to the value of the goods when free from defects, the extent of the defect and the question whether the defect could be remedied by the other form of supplementary performance without material detriment to the buyer. The buyers claim is restricted in this case to the other form of supplementary performance; the sellers right to refuse also that supplementary performance under the conditions laid out in sentence 1 above is unaffected.
4. If the seller delivers a thing free from defects for the purpose of supplementary performance, he may demand the return of the defective thing in accordance with §§ 346 to 348.
5. The seller is fully liable for any intentional or negligent damage, for malicious concealment of defects, for transferred warranties, for claims based on the Product Liability Act, and for injury of life, body, and health. The seller is not liable for any other damages unless an obligation has been violated adherence to which was of particular significance for the attainment of the contractual purpose (cardinal obligation).
6. The seller is not liable for product descriptions which are not published by himself. The seller specifically distances from product descriptions written by other persons or institutions.

§ 4 Payment conditions, default, and retention of title

1. The delivered goods remain the property of the seller until full payment is received. Payment becomes due with the conclusion of the sales contract.
2. Buyers who are not consumers are considered in default if payment is not received within 30 days after the due date. Consumers are also considered in default within 30 days after the due date if they are informed of this consequence on the invoice or application for payment.

§ 6 Data confidentiality

1. The buyer is fully aware and accepts that personal data necessary for order processing will be saved on data carriers. The buyer expressly consents to this collection, processing, and use of personal data.
2. The buyer has the right to withdraw this agreement at any time with future effect. In this case, the seller is obliged to immediately delete of all personal data, unless an order process is not yet complete. The deletion will be done according to the guidelines of the tax authorities.

§ 7 Final provisions

1. If the buyer is a consumer in the sense of § 13 BGB, exclusively German law applies to these terms and conditions as well as to the respective contract, excluding UN Commercial Law.
2. If the buyer is a trader as defined in the German Handelsgesetzbuch HGB (commercial law code), exclusive place of jurisdiction for all disputes arising from or in connection with this contract shall be the sellers location.
3. The buyers rights to summation or reduction are only valid if these counterclaims are legally supported, if they are undisputed, or if the seller has agreed to them in writing.
4. Should any of the provisions of these Terms and Conditions or be or become invalid, this shall have no effect on the validity of all other provisions or agreements.