Terms and Conditions (GTC)
Status: 02/01/2018

The following general terms and conditions also contain the information required by law on your rights under the regulations on contracts in distance selling and electronic business transactions.

Contractual conditions within the framework of sales contracts, which are made via the web shop "OS Kydex Sheaths" between

OS Kydex Sheaths, Oliver Sieler, Fechnerstrasse 27, 01139 Dresden
- hereinafter referred to as "provider" -
and
the customer named in § 2 of the contract
hereinafter referred to as "customer" -
getting closed.

§ 1 Scope, Definitions
(1) For the business relationship between the web shop provider (hereinafter "Provider") and the customer (hereinafter "Customer"), the following General Terms and Conditions apply exclusively in the version valid at the time of the order.
Deviating conditions of the customer will not be recognized unless the provider expressly agrees to their validity in writing.
(2) The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be attributed to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in their commercial or independent professional activity.

§ 2 conclusion of contract
(1) The customer can select products from the provider's range and collect them in a so-called shopping cart using the “add to shopping cart” button. With the button “order for a fee” he submits a binding application to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time.
(2) The provider then sends the customer an automatic confirmation of receipt by email in which the customer's order is listed again and which the customer can print out using the "Print" function. The automatic confirmation of receipt only documents that the customer's order has been received by the provider and does not constitute acceptance of the application. The contract is only concluded when the provider submits a declaration of acceptance, which is sent in a separate email (order confirmation).

§ 3 delivery, availability of goods
(1) If no copies of the product selected by the customer are available at the time of the customer's order, the provider shall notify the customer of this immediately in the order confirmation. If the product is permanently unavailable, the provider will refrain from a declaration of acceptance. A contract is not concluded in this case.
(2) If the product specified by the customer in the order is only temporarily unavailable, the provider will also notify the customer of this immediately in the order confirmation. In the event of a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. In addition, in this case the provider is also entitled to withdraw from the contract. In doing so, he will immediately reimburse any payments already made by the customer.
(3) The provider reserves the right not to accept the order for the goods, so that no contract is concluded if the ordered item is classified as "FSK 18" by the relevant body or by law after the order has been placed and before delivery. In this case, for technical reasons, age verification is no longer possible after ordering. The customer will be informed of this. Payments already made will be refunded to the customer immediately.

§ 4 retention of title
The delivered goods remain the property of the provider until full payment has been made.

§ 5 prices and shipping costs
(1) All prices stated on the provider's website include the applicable statutory sales tax.
(2) The corresponding shipping costs are given to the customer in the order form and are to be borne by the customer, unless the customer makes use of his right of withdrawal.
(3) The goods are dispatched by post. The provider bears the shipping risk if the customer is a consumer.

(4) The cancellation of an order will result in the customer being charged €15. This amount is calculated by the payment system of the website provider and is therefore passed on to the customer by OS Kydex Sheaths.

§ 6 delivery FSK 18 items
(1) "FSK 18" articles are articles that are not approved for sale to young people. These articles are in the webshop with a red button “! From 18 years “marked to the right of the item description.
(2) Goods that are marked with "FSK 18" in the product description can only be purchased by persons of age on presentation of their own identity card or passport.
The delivery to minors or delivery to a packing station is not possible for FSK-18 goods.
We only accept identity cards or passports for age verification. The FSK-18 goods are dispatched by DHL with an age check of the recipient.

§ 7 payment modalities
(1) The customer can make the payment by bank transfer (advance payment) or PayPal Plus.
(2) The customer can change the payment method saved in his user account at any time.
(3) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of the payment is determined according to the calendar, the customer is already in default by missing the date. In this case, he has to pay the provider default interest in the amount of 5 percentage points above the base rate.
(4) The obligation of the customer to pay default interest does not exclude the assertion of further damage caused by default by the provider.

§ 8 Material Defects Warranty, Guarantee
(1) The provider is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. In relation to entrepreneurs, the warranty obligation for items delivered by the provider is 12 months.
(2) An additional guarantee exists for the goods delivered by the provider only if this was expressly given in the order confirmation for the respective article.

§ 9 liability
(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damage based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents . Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, the provider is only liable for typical, foreseeable damage if this was caused simply by negligence, unless the customer is entitled to compensation for damage to life, limb or health.
(3) The restrictions of paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.
(4) The provisions of the Product Liability Act remain unaffected.

§ 10 Notes on data processing
(1) The provider collects customer data as part of the processing of contracts. In doing so, he particularly observes the provisions of the Federal Data Protection Act and the Telemedia Act. Without the customer's consent, the provider will only collect, process or use the customer's inventory and usage data insofar as this is necessary for the execution of the contractual relationship and for the use and billing of telemedia.
(2) Without the customer's consent, the provider will not use the customer's data for advertising, market or opinion research purposes.
(3) The customer has the option at any time to call up the data he has saved under the "My data" button in his profile, to change or delete it. In addition, with regard to the customer's consent and further information on data collection, processing and use, reference is made to the data protection declaration, which can be called up in printable form on the provider's website at any time using the “Data protection” button.

§ 11 final provisions
(1) The law of the Federal Republic of Germany applies to contracts between the provider and the customer, excluding the UN sales law.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.
(3) The contract remains binding in its remaining parts even if individual points are legally ineffective. In place of the ineffective points, the statutory provisions apply, if they exist. As far as this would represent an unreasonable hardship for one of the contracting parties, the contract becomes ineffective as a whole.
(4) The European Commission provides a platform for online dispute resolution.
The European online dispute resolution platform ("OS platform") can be found at http://ec.europa.eu/consumers/odr/ .