GENERAL TERMS AND CONDITIONS OF THE COMPANY
Luxguns S.à r.l.
1. Contract signature (1) All deliveries, also those deriving from future contracts, are governed exclusively by the following terms and conditions. Any deviating terms and conditions of the buyer only apply to the buyer if the latter expressly accepts them.
(2) Offers are deemed non-binding, i.e. the seller reserves the right to approve their acceptance. Contract signature is non-binding as to the delivery obligation, delivery deadline, price and amount.
(3) Mutual commitments arise exclusively from the following provisions, which will not be impacted by the financial agreements of the client with third parties. In particular the customer’s obligation to pay remains fully intact. This also applies if the seller acts as intermediary for the financing.
2. Minimum amount The minimum amount of any order is EUR 150.- (value of goods).
3. Offers and prices (1) All offers of the seller are non-binding and can be withdrawn at any time until final acceptance by the buyer.
(2) The contract is deemed concluded either as of the acceptance of one of the offers submitted by the seller, by a corresponding written confirmation order of the buyer or as of the time in which, on the basis of an order placed by the client, the seller confirms its acceptance in writing within, if applicable, the deadline provided by the customer. Any contract concludes as described above is binding for the buyer and may not be cancelled without the written approval of the seller. Any commitments taken by the representatives of the seller are only binding provided a confirmation from their behalf.
(3) Any prices given by the seller are with VAT and additional fees. If not otherwise agreed all prices provided in the price lists and offers of the seller are not binding and are adapted to market conditions.
4. Prices and payment (1) Deliveries are made only after previous payment per bank transfer.
(2) In exceptional cases and anticipated payment by the buyer, the following provisions shall apply: a. In case of payment delay by the buyer of two weeks, two weeks after the payment due date and without any reminder, interests of 3% above the official interest rate of the European Central Bank will be charged without this having any influence on the fact that the corresponding amounts remains due. Payment by check and/or warrant are only valid after final credit on the account of the buyer. The payment dates agreed shall be complied with even in case of litigation.
b. In case of payment delay, all payment claims of the seller with regard to the buy are immediately due. In any case the seller is entitled to retrieve the goods already with the customer not yet paid for completely. In case of payment delay by the buyer or absence of payment or circumstances similar to absence of payment, the seller may, with reserve of other rights, to request anticipated payments or guaranties. He may completely or partially withdraw from ongoing contracts with the buyer or claim damages for non-compliance with such contracts.
5. Purchase of weapons (1) Weapon subject to a purchase license will only be sold and delivered upon presentation of such documents. i.e. original hunting license or any official original authorizations or certified copies in full (fax copies are not accepted), original weapon license or special authorization.
(2) Goods that are not subject to a license will only be sold upon presentation of the official original document or corresponding confirmation that the buyer is 18 years old.
(3) Licenses to deal with weapons shall be submitted once a year as certified copies.
6. Amendment of the law regarding weapons (1) The goods offered for sale comply with the current Luxembourg law. The seller declines any liability in case a product does not correspond to the legal provisions of the recipient country. The customer shall make sure that he is entitled to by a given product under the law of his country.
(2) If a weapon sold is no longer authorized/appropriate because of an amendment of the law, in particular the law of 15 March 1983 regarding weapons and ammunition, to be used for sport/leisure activities, the buyer is not entitled to return such weapon and claim reimbursement on these grounds.
7. Delivery and deadlines (1) Goods are ordered from works after reception of payment.
(2)eedings and in presence of several parties. resence of several parties. al parties. Delivery deadlines are not binding. The non-compliance with delivery terms will not generate rights or claims for the buyer. In particular, any delivery delay will not entitle the buyer to withdraw from the contract, to reduce it or claim damages. The seller is in no way liable for possible additional costs incurred by the buyer for the non-delivery or wrong delivery. Furthermore the seller is discharged by law from any obligation to comply with possible delivery deadlines in case of:
- Non-compliance with the payment terms by the buyer.
- Not timely reception of information to be provided by the buyer.
(3) The buyer remains – unless of a firm deal – bound by the contract.
(4) In case of payment delay the seller may, after unsuccessful claim and additional deadline, claim damages for late payment.
(5) Firm or special orders are only accepted upon previous payment and payment of possible additional costs not directly related to the sale price.
(6) Weapon deliveries that are not entirely paid for will not be accepted.
(7) Partial deliveries and partial payments are admissible. Any partial delivery and payment will then be considered as separate deal.
8. Damages during transport, loss (1) Goods are considered to be sold and delivered as of the offices and shops of the seller and are as of this time transported at the exclusive charge and liability of the buyer.
(2) Transport damages shall be reported in writing immediately after reception. At reception of the goods, the buyer shall check the packaging as to its impeccable state and report the usual reserves to the driver in charge of the delivery as well as receive a written confirmation of the latter as to possible damages. Proofs of any missing or damages shall be brought by the buyer and any defects of the goods shall be immediately reported to the seller.
(3) If weapons or substantial parts thereof are lost, a police report shall be filed immediately.
9. Warranty and liability (1) The seller gives a six-month warranty as of the delivery of the goods, to cover for free for any defects on the goods in accordance with the Luxembourg Civil Code with at choice of the buyer, repair and/or delivery spare parts. The customer is free, in case of several unsuccessful repair attempts or if it is not possible to get spare parts to withdraw from the contract. No warranty is given for used goods. Warranty elapses if the customer uses unauthorized accessories by unauthorized personnel thus generating damage.
(2) The customer shall report defects immediately after they were discovered. The customer has not right of retention on the basis of warranty rights if such customer is a full-time dealer. Otherwise retention rights from other legal relationships with us are excluded. Claims for damages by the customer because of damages due to defects are excluded unless in case of intention or severe negligence of the customer.
(3) The customer who receives the delivery as a knowledgeable dealer shall, if applicable, proceed to small repairs. If such repairs may not be made by the customer, the seller reserves the right to charge non-proportional corresponding costs.
10. Proprietary clause (1) The seller remains the owner of the goods until the complete payment of all amounts due to the seller by the buyer on the basis of their contract.
(2) The claim by the seller of his right to the ownership of the goods, does not lead to the termination of the contract. However, the seller is entitled, after an appropriate time to use his right of ownership over the goods, make other provisions or in case of full payment of the price, delivery an equivalent product to the customer, if the object of the contract is an undetermined obligation.
(3) If the customer is a reseller, he is entitled, to sell the goods according to regular business practice, if they are still covered by the propriety clause. In this case the customer shall transfer to the reseller his liabilities with regard to the reselling of the goods to the seller for the amount of the liabilities still existing with such seller as a guaranty. The customer shall, in case of payment delay and upon first request of the seller, name the customer, to whom he has delivered the goods of the seller and who has not yet paid them.
(4) In case third parties use goods covered by the propriety clause, the customer is informed about the ownership of the seller and the seller informed about this. Costs and damages deriving here from are at charge of the customer.
(5) In case of litigation as to the modalities of the restitution of goods, the president of the District Court of Luxembourg, expressly charged for this by the parties, may rule by a corresponding order (ordonnance de référe). Such order will also appoint an expert to assess the state of the goods and the residual value on the day of restitution. On the basis of this expert report the assets and liabilities of both parties shall be determined this with reserve to any damages the buyer could be asked to pay to the seller because of the cancellation of the deal.
11. Offset and retention The buyer has no right to offset or retention for claims with regard to the seller with regard to weapon purchases inclusive accessory costs.
12. Applicability Should one or several of the provisions of the present General Terms and Conditions, for any reason whatsoever, be declared or considered invalid, this shall have no impact on the rest of the provisions thereof. In this case the parties shall try to replace such invalid provisions to the extent possible by provisions as close as possible to the intention of the parties.
13. Protection of data The buyer/customer agrees that his personal data provided within the context of the business relation be stored and processed by IT programs. Such data shall be kept strictly confidential.
14. Applicable law The contract is governed by Luxembourg law. In case of litigation with regard to deliveries or their payment, the court of the District in which the seller is domiciled or at choice of the seller, the court of the domicile of the buyer shall be competent, this independently of deviating terms regarding the sale, payment modalities agreed and even in case of legal proceedings and in presence of several parties.