GTC HKWebshop

General Terms and Conditions HKWebshop

Status as of: October 2023
 

The HKWebshop is operated by

Heckler & Koch GmbH
Heckler & Koch-Str. 1
78727 Oberndorf a.N.
Germany
Tel +49 7423 79 - 0
Fax +49 7423 79 - 2350
e-Mail: hkinfoboard@heckler-koch-de.com

Management Board:
Dr.-Ing. Jens Bodo Koch (CEO), Andreas Schnautz (CFO), Marco Geißinger (CSO)

Register Court: Commercial Register Stuttgart, HRB 481250
VAT identification number DE 232 899 163
WEEE-Reg.-No. DE 25484911

§ 1 Scope of application and access to the HKWebshop 

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") are binding for and apply exclusively to all sales and other legal transactions which are concluded in the scope of the HKWebshop between Heckler & Koch GmbH (hereinafter referred to as "Heckler & Koch", "we" or "our") and the customer. Any deviating agreements, telephone or verbal arrangements must be made in written form in order to be valid.

1.2 Contradictory, deviating or supplementary general terms and conditions of the customer will not become part of the contract unless we have expressly consented to their application in written form. These GTC also apply if we render services without reservation in knowledge of conditions of the customer which oppose or deviate from these GTC.

1.3 The version of the GTCs valid at the time the contract was concluded shall be decisive.​​​​​​​

1.4 The customer recognises these GTC upon ordering any goods. The GTCs apply regardless of whether the customer is entrepreneur or consumer.​​​​​​​

1.5 The below-mentioned terms used in these GTC have the following meanings:

An entrepreneur is a natural person or legal entity or a partnership with legal capacity which acts in performing its commercial or independent professional activity when concluding a legal transaction, a legal entity or special fund under public law as defined by § 310 (1) sentence1 of the German Civil Code (BGB).

A consumer is any natural person who concludes a legal transaction for a purpose which can neither be attributed to its commercial or independent professional activity (§ 13 BGB). 

1.6 We reserve the right to make changes to our website, HKWebshop, regulations and conditions, including these GTC, at any time.​​​​​​​

1.7 The customer is responsible for establishing and maintaining the technical prerequisites for accessing the HKWebshop on its side, in particular in terms of the hardware and operating system software used, the connection to the internet and the up-to-date browser software. If the HKWebshop is developed further, the customer will be responsible for making the necessary adaptations to the IT infrastructure it uses.​​​​​​​

1.8 The customer is obliged to take the necessary precautionary measures to secure its systems, in particular to use the browser’s standard security settings and up-to-date protective mechanisms to defend against malware.​​​​​​​

1.9 Heckler & Koch reserves the right to deny a customer access to the HKWebshop if there are indications that the technologies which the customer uses impair the functioning or security of the HKWebshop or impair Heckler & Koch’s ways of checking the customer’s access rights and preventing fraudulent acquisition of services. In particular, access can be denied if the IP address from which access is made is listed on a publicly accessible blacklist or if the customer uses browser software which enables extensive anonymization of the customer and obfuscation of usage behaviour. Heckler & Koch shall contact the customer before blocking and inform him of the sate of affairs and intended blocking and give him a change to rectify any deficiencies within a reasonable period of time. This does not apply in cases of imminent danger. The customer shall inform Heckler & Koch without delay if it gains knowledge of any misuse of access information or passwords or access via IP check. In case of misuse, Heckler & Koch shall be entitled to block access to the HKWebshop for as long as is necessary to clear up the situation and preclude the misuse. The customer shall assume liability for any misuse for which it is responsible.​​​​​​​

1.10 The access data (the password in particular) for the HKWebshop are to be stored with care, and the customer is obliged to keep the access data confidential from unauthorised third parties and prevent them from being used without authorisation. The contact addresses saved in the HKWebshop are to be kept up to date. It is prohibited to tamper with, modify, delete, suppress, disable or misappropriate the data and structure of the HKWebshop, as well as accesses thereto. Heckler & Koch reserves the right to exclude customers from using the HKWebshop if they violate these conditions of use. 

1.11 Heckler & Koch reserves the right to restrict access to the HKWebshop for maintenance purposes without prior announcement.

§ 2 Conclusion of contract and specification of works

2.1 The goods listed in the HKWebshop constitute a non-binding invitation to the customer to order goods.
 
2.2 Upon completing the ordering process (click on the button “Commit to buy”) on the HKWebshop website, the customer places a binding offer to conclude a purchase contract with Heckler & Koch. The customer must have a valid E-mail address. The ordering process consists of the following steps. In the first step, the customer chooses the desired goods and quantity. In the second step, the customer’s personal data are recorded, including E-mail address and billing address, as well as delivery address (if different). In the third step, the customer chooses the intended payment method. In the last step, the customer can double-check all of the information and correct it, if necessary, before the ordering process can be completed by clicking on the “Commit to buy” button. The customer can correct any errors entered before sending the order by clicking the “Back” button. Missing or incorrect information in mandatory fields will be outlined in red in the entry field at top.
 
2.3 The order data and GTC (including withdrawal policy) can be seen again in the order confirmation which is sent to the customer by E-mail after the order is placed and printed out in file form. This order confirmation does not yet constitute a binding acceptance of the order, unless this is explicitly stated in the order confirmation.

2.4 The contract is concluded by sending a separate order confirmation at least in text form or by sending the goods ordered to the customer at Heckler & Koch's discretion. 

2.5 The contract is concluded in German or English. 

2.6 We assume no liability for erroneous addresses. Should the address information be incorrect, we are not obliged to find out the correct address information. The disadvantages and additional costs resulting from specifying incorrect address information shall be borne by the customer.​​​​​​​

2.7 The description of the goods in the HKWebshop contains the contractual agreement on the quality of the goods in question. The description of the goods in the respective product descriptions is not tied to the assumption of a guarantee or no-fault procurement risk. We reserve the right to make reasonable modifications at any time to the design and/or technical specifications of our goods if they appear expedient to improve the goods’ performance or due to unavailability of components or assemblies.​​​​​​​

2.8 Heckler & Koch reserves the right to reject orders that were obviously placed by a minor unless consent has been granted by a legal guardian.

§ 3 Retention of ownership and transfer of risk

3.1 Heckler & Koch retains the ownership of the goods until they have been paid for in full. Until that point in time, the customer shall treat the goods with care and ensure that any third parties granted access to the goods will also handle them with care.

3.2 The risk of accidental loss and accidental deterioration of the goods shall be transferred to the shipper, carrier or any other person or institution appointed to deliver to the customer upon delivery to that person, in cases when the goods are to be shipped, if said person is an entrepreneur as defined by No. 1.5 of these GTCs. If the customer is a consumer as defined by No. 1.5 of these GTCs, the risk of accidental loss is already transferred to the customer upon receipt of the goods; Section 475 Para. 2 German Civil Code (BGB).

§ 4 Minimum order value and shipping costs

4.1 The prices in EUR which are valid on the date of order including the statutory value-added tax valid on the date of order shall be decisive, not including shipping costs. As a rule, Heckler & Koch determines a minimum order value per order which is generally defined in the HKWebshop and can be changed by us at any time. The minimum order value does not include shipping costs. The current minimum order value is EUR 30.00 per order. For deliveries to countries outside the European Union, the customer must assume any taxes and customs fees incurred. This also applies in case the contract is revoked.

4.2 The respective applicable shipping costs can be seen in the shopping basket in the HKWebshop and on the website under the heading "Shipping".

§ 5 Force majeure

If we are hindered in fulfilling our obligations due to circumstances of force majeure which were not foreseeable at the time the contract was concluded and for which we were not at fault, such as strikes, unforeseeable operational disturbances or unavoidable raw material shortages as well as similar circumstances for which we are not responsible, then we shall be released from our performance obligations for the duration of this hindrance. The delivery deadlines agreed upon shall be extended by the duration of the hindrance. We shall inform the customer of the beginning of a force majeure situation as defined by this provision without delay. If a force majeure situation lasts longer than 2 weeks, then both contracting parties shall be entitled to withdraw from the contract.

§ 6 Delivery

6.1 Delivery shall take place after payment has been received. We reserve the right to make partial deliveries. If a partial delivery is made, you will only be charged the shipping costs for the first partial delivery. If the partial deliveries are made at your request, we will charge shipping costs for each partial delivery. If a good cannot be delivered immediately, it will be sent subsequently at no extra charge as soon as it is available.
 
6.2 If the customer is acting as consumer and goods with obvious damage to the packaging or contents are delivered, it is requested to file a complaint with the forwarding agent/shipping service and contact us by telephone or other means (E-mail/fax/post) so that we can retain any potential rights towards the forwarding agent/shipping service. Failing to file a complaint or to make contact have no effect on the legal or contractual entitlements of the customer.​​​​​​​

6.3 If the product the customer has chosen are not available at the time of the order, then Heckler & Koch shall inform the customer of this in the order confirmation without delay. If the product is permanently unavailable, Heckler & Koch will not issue an order confirmation. A contract will not be concluded in such case. 

6.4 We only deliver by shipping. Collection by the customer is not possible. We do not deliver to parcel stations or post office boxes either.

§ 7 Prices and modes of payment

7.1 The prices specified in the HKWebshop at the time of the order shall apply. The prices are subject to the delivery condition EX WORKS (Incoterms 2020). All prices are stated gross (including applicable statutory value-added tax) in Euros and do not include the costs of shipping. 

7.2 Entrepreneurs are only entitled to retain payments or charge payments against counterclaims insofar as the counterclaims are undisputed or have been determined to be legally binding.

7.3 Payment may only be made using the payment options stated in the HKWebshop. These are payment via PayPal transfer or payment in advance.​​​​​​​

7.3.1 If PayPal is selected as payment option, the customer will be forwarded to the online provider PayPal during the order process. In order to be able to pay the invoice amount via PayPal, the customer must be registered there (or must register first), authenticate himself with his access data and confirm the payment order to Heckler & Koch. Once the order has been placed in the shop, we will request PayPal to initiate the payment transaction. PayPal will then automatically carry out the payment transaction immediately thereafter.
 
7.3.2 If payment in advance is selected as payment option, we will give the customer our bank connection in the order confirmation and deliver the goods once payment has been received.

§ 8 Copyrights and property rights

The customer may only use content made available by way of the HKWebshop, such as texts, images, videos, glossaries and presentations for the purpose of reaching a purchase decision. They are protected by copyright and all rights to them are exclusively reserved by Heckler & Koch. The reproduction, saving, dissemination, editing or other use of the content and information provided, in particular texts, graphics or images, are prohibited without the written consent of Heckler & Koch. The customer may not remove any copyright notices, trademarks, digital watermarks and other legal reservations in the document accessed. A transfer of rights does not take place.

§ 9 Mandatory information for consumers

9.1 Heckler & Koch grants consumers a right of withdrawal as provided for in the following withdrawal policy.

9.2 Withdrawal policy

Withdrawal policy
Right of withdrawal for consumers

In order to assert your right to withdrawal, you must inform us (Heckler & Koch GmbH, c/o HKWEBSHOP, Heckler & Koch-Straße 1, 78727 Oberndorf a. N., Germany, Telephone: +49 (0) 74 23 79-0, Telefax: +49 (0) 74 23 79-23 50, Email: hkinfoboard@heckler-koch-de.com) by sending us a clear declaration of your decision to withdraw from this contract (via letter by post, fax or E-mail). You may use the enclosed withdrawal form template, but doing so is not mandatory.

In order to meet the deadline for withdrawal, it will be sufficient if you send off your notification that you are asserting your right to withdrawal before the deadline for withdrawal elapses.
 
If you withdraw from this contract, we are obliged to return all payments which we have received from you, including shipping costs (with the exception of additional costs incurred if you select a form of delivery other than the least expensive standard shipping we offer), without delay within no more than fourteen days as of the date upon which we receive your notification that you are asserting your right to withdrawal. 

We will repay you using the same means of payment which you used in the original transaction, unless expressly agreed otherwise. You will not be charged a fee for this repayment under any circumstances. We are entitled to refuse to make the repayment until we have received the goods back or until we have received confirmation that the goods have been shipped back, depending on which comes first.

You must send the goods back or otherwise transfer them to us without delay – within no more than fourteen days as of the date upon which you informed us of your withdrawal from the contract – to the following address: Heckler & Koch GmbH, c/o HKWEBSHOP, Heckler & Koch-Straße 1, 78727 Oberndorf a. N., Germany. 
The deadline is deemed to have been met if you ship the goods off before the fourteen-day deadline has elapsed. You shall bear the immediate expenses for returning the goods.

You will only have to provide compensation for any potential loss in value of the goods if said loss can be attributed to your handling of the goods which was not necessary to inspect its quality, properties and functioning.
 
You can also use our withdrawal form template to withdraw from the contract. Please fill it out and send it to: Heckler & Koch GmbH, c/o HKWEBSHOP, Heckler & Koch-Straße 1, 78727 Oberndorf a. N., Germany, Fax +49 (0)7423 79-2350 or by E-mail to hkinfoboard@heckler-koch-de.com.

End of the withdrawal policy

§ 10 Self-supply proviso

We reserve the right to withdraw from the contract in case of incorrect or improper self-supply. This only applies to cases in which we are not at fault for the delivery failure and we have concluded with the necessary diligence a specific covering transaction with the supplier. We will take all reasonable efforts to procure the goods. Should the goods be unavailable or only partially available, we will immediately inform the costumer and reimburse the compensation for performance without delay.

§ 11 Warranty 

11.1 Unless the HKWebshop states otherwise, all Heckler & Koch products are subject to a warranty period of 24 (twenty-four) months, beginning upon delivery (transfer) by or on behalf of Heckler & Koch. If the customer is an entrepreneur as defined in No. 1.5, the claims for defects against Heckler & Koch will lapse within 12 (twelve) months, beginning upon delivery (transfer) by or on behalf of Heckler & Koch.

11.2 The warranty for the articles delivered is based on the applicable statutory provisions, in particular Sections 434 et seq. of the German Civil Code (BGB). 

11.3 The warranty does not cover normal wear and tear, repairs conducted independently by the customer or unauthorised third parties and product modifications by the customer or unauthorised third parties, as well as misuse of the product, in particular failure to follow the operating manual. 

11.4 The warranty obligation includes repair or redelivery of the goods and/or product components, as well as entitlement to reimbursement of the price (if necessary), based on the results of our thorough examination. Entrepreneurs as defined in No. 1.5 can assert defect claims on the basis of the contract for parts installed or goods delivered to rectify the defects until the limitation period for the goods expires. The parts replaced shall become property of Heckler & Koch.  For consumers the statutory warranty provisions shall apply.

§ 12 Liability

12.1 Heckler & Koch shall only assume liability for damage compensation – regardless of the legal basis – in cases of wilful misconduct, gross negligence, harm to life, limb or health or defects fraudulently concealed by Heckler & Koch, or if Heckler & Koch has expressly assumed a warranty. Liability under the provisions of the Product Liability Act or in the case of a breach of an essential contractual obligation also remains unaffected.

12.2 Should Heckler & Koch breach with simple negligence an essential obligation, i.e. an obligation which must be fulfilled in order to perform the contract properly in the first place and which a contracting party can and may routinely trust to be fulfilled, as well as an obligation which will jeopardise the achievement of the purpose of the contract if violated, then Heckler & Koch’s compensation obligation shall be limited to the typical damages foreseeable given the nature of the contract. This also applies to lost profit or other financial losses.​​​​​​​ 

12.3 The Heckler & Koch’s maximum liability for all damages due to breach of an essential contractual obligation based on or in connection with the contract and its performance and caused by Heckler & Koch or bodies, subcontractors, employees, vicarious agents or assistance thereof, as well as for any indemnity obligations, is limited to the value of the respective order.​​​​​​​

12.4 Damage compensation claims of entrepreneurs towards Heckler & Koch shall expire once 12 months as of their emergence have elapsed, unless a longer term is mandated by law. For consumers, the statutory limitation period shall apply.

§ 13 Severability clause

Should any individual clauses of these GTC be or become invalid, this will not affect the validity of the other provisions. The contracting parties are obliged to endeavour to replace the invalid provision with one which approximates its financial outcome as closely as possible.

§ 14 Applicable law and legal venue

14.1 Exclusively the law of the Federal Republic of Germany shall apply to all legal relationships between Heckler & Koch and the customer, under exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG) and rules on conflict of laws, unless mandatory national consumer protection regulations to the benefit of the customer take precedence under the law of the country in which the customer has its residence or usual staying place.

14.2 The exclusive legal venue for any disputes with entrepreneurs is Rottweil. However, Heckler & Koch is also entitled to take legal action at the registered office of the entrepreneur in accordance with No. 1.5. In all other cases, the statutory legal venue shall apply.
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Notice in accordance with § 36 of the Act on Alternative Dispute Resolution in Consumer Matters (VSBG).  Heckler & Koch is neither willing nor obliged to take part in any dispute resolution proceedings before a consumer arbitration board as defined by the VSBG.