Fightingsticks - der Ausstatter für Kampfkunst und Selbstverteidigung
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Terms & Cond.

The European Union provides a platform for out-of-court dispute resolution at http://ec.europa.eu/odr

Terms and Conditions

1. General
Christoph Kluge runs a website for business purposes using the domain http://www.fightingsticks.de. On this site and others, he offers products for purchase through the internet.

For all businesses between Christoph Kluge, Lausitzer Straße 18, 10999 Berlin (as the "Seller" or "Fightingsticks") and the customer, only these "Terms and Conditions" are being applied. Conflicting Terms and Conditions of the customer can only be applied, if the Seller agrees th them explicitly.

The Seller is allowed to change or amend these Terms and Conditions anytime. Orders that reached Fightingsticks before the change will be treated following the older Terms and Conditions that were effective at this time. Current verion: December 21st 2011.

These Terms and Conditions are originally set up in German - this is an English translation. They can be downloaded into the working memory and printed on paper by the customer. On demand, they can be requested in digital or written format through the contact form on http://www.fightingsticks.de. Furthermore, they are sent to the customer with the confirmation of his order by e-Mail and can be printed by him.

2. Product Choice 

The customer can choose and purchase products on the Website mentioned above.

A product specification for each article is available for the customer at the related site.

The customer can collect the products in a virtual shopping cart. In the end the products are collected and their prices are added together and displayed as a total price including Value-Added Tax (if not stated otherwise).

Before the order is sent, the customer has the possibility to review it for correctness. He can correct it, if necessary.

3. Conclusion of the contract

The order is a request of the customer to Fightingsticks to conclude an act of sale.

After having sent his order, the customer recieves an e-mail from Fightingsticks which confirms that the order has been received. In this mail all details are listed. This confirmation does not constitute that the offer has been accepted.

A contract becomes valid only when Fightingsticks ships the ordered product and confirms the shipping with a second mail to the customer. An act of sale is only concluded for products listed in the invoice included in this second mail.

Fightingsticks does nit offer products for purchase by minors. All products can be purchased by adults only. The customer is required to provide proof of his age of consent (i.e. National ID, passport or drivers licence in copy), if that is requested in the product specification.

4. Prices, terms of payment and shipping expenses

The catalog prices at the time of the order are applied as displayed on the websites.

In the displayed prices Value-Added Tax is included (if not stated otherwise). Shipping expenses and package are not included.

The costs of shipping, package and handling are shown at the end of the order transaction. Furthermore, they are available on the website under "Shipping".

5. Right of revocation of the consumer

The following (5.) only aplies to consumer according to § 13 of Bürgerliches Gesetzbuch (code of civil law). A consumer is an individual who concludes an act of legal significance for private purposes, not for business.

The Seller pursues the intention of making business with the sale of products.

Right of revocation
You may declare the revocation of your contractual statement in text form (e.g. letter, email) or by returning the merchandise within a period of 14 days. The revocation does not have to contain any grounds. We will forward this revocation instruction to you again in text form. The revocation period commences the day following the receipt of merchandise and this revocation instruction in text form. The time-limit shall be deemed to be observed by the timely dispatch of the declaration of revocation or the return shipment.

The revocation is to be addressed to:

Christoph Kluge Lausitzer Straße 18 10999 Berlin

Telefax: +49 (0) 30 29 77 95 55 E-Mail: orders (at) fightingsticks.de

The right of revocation does not apply on contracts for the supply of goods produced according to customer specifications or clearly tailored to personal needs or which, by reason of their quality, are not suitable for return or may spoil quickly or whose expiration date would be exceeded, or for the delivery of audio or video recordings or of software where the seal on the data carriers has been broken by the consumer, or for the delivery of newspapers, periodicals and magazines.

Consequences of revocation
In case of a valid revocation, all mutually received performances as well as emoluments taken (e.g. interest), if applicable, are to be restituted by either side. If you are unable or partially unable to restitute the merchandise to us or can only restitute it in a deteriorated condition, then you have to insofar compensate for its value where applicable. This does not apply if the deterioration is exclusively due to examining the merchandise – as for instance in a retail store – or putting the merchandise to its intended use. Things that can be shipped by parcel are to be returned on our risk. Things that cannot be shipped by parcel will be picked up. You are obliged to bear the costs of the return shipment, if the merchandise delivered corresponds to the merchandise ordered, and if the price of the merchandise to be sent back does not exceed an amount of forty euros or if, where the price is higher, you have at the date of the revocation not yet rendered consideration or given a part payment. In all other cases, the return shipment for you is free of charge. All reimbursement obligations must be fulfilled within 30 days of the declaration of revocation.

End of revocation instruction


6. Return charges

Return charges when exercising the right of withdrawal are beared by FIghtingsticks.

The costs will be reimbursed by Fightingsticks (usually by transfer), but have to be paid by the sender first. Cash on delivery is not accepted!


7. Value-Added Tax

All prices are inclusive of VAT unless stated otherwise..

Business persons with billing address and shipping address in a country of the European Union (outside Germany) can shop exempted from Value-Added Tax after being permitted by Fightingsticks. Therefore, they have to transmit their tax ID number to the Seller.

All customers with billing address and shipping address in countries outside the European Union can shop exempted from Value-Added Tax after being permitted by Fightingsticks.

8. Payment

The customer can pay by bank transfer or using the services of Payment Networt (sofortüberweisung.de) or Paypal.

Payment has to be made in advance.

Fightingsticks reserves himself the right to not offering specific methods of payment in individual cases.

9. Shipment

If not agreed upon otherwise, the shipment is executed after the payment has been received by fightingsticks.  Orders will be shipped to the shipping adress provided by the customer. Dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such. As Fightingsticks processes the order, the customer will be informed by e-mail if any products turn out to be unavailable.

If the Seller does not have the ability to deliver the products without actual fault, he can retreat from the sale. In this case, the customer will be informed immediately.  Any further legal claims of the customer shall remain unaffected.

If the delivery is not possible, because the delivered goods cannot be transported through the entrance door, front door or staircase of the customer, the customer has to pay for the repeated shipment. If the customer can not be encountered at the adresse he transmitted, although the delivery was announced to him early enough, he has to pay for the repeated shipment

10. Reservation of proprietary rights

The goods remain property of Fightingsticks until full payment has been effected.

11. Shipping to foreign countries

The customer is responsible for proper import customs clearance on his own expenses.

12. Warranty and liability

If an insufficiency of the product occurs, the statutory provisions are applied. The customers rights can not be transfered to a third party.

The customer has to inform Fightingsticks about the detected insufficiency.  After that, he must return the deftective product at Fightingsticks expenses. This reshipment must be made regarding the legal restrictions. Fightingsticks reserves the right to demand compensation corresponding to the legal requirements.

The limitation period is two years from the day of the original shipment.

Fightingsticks is liable without restraints if the defect is caused by intent or gross negligence. In this case, Fightingsticks is only reliable for direct losses foreseeable and typical for this type of contract. This is not applied to defects caused by slight negligences of other duties.

These liability limitations are not applied when life, health or body are in danger. They are also not applied if a warranty concerning the condition of the product was furnished or if defects were maliciously kept a secret.

Any contributory negligence of the customer must be taken into account.

13. Force majeure

If the Seller can not fulfill the contract because of force majeure (natural disasters, war etc.) he is exempt from his duties for the duration of the interruption.

If shipping is impossible for more than a month because of force majeure the customer has the right to retreat from the contract.

14. Data privacy statement

Fightingsticks uses data of the customer considering the legal requirements, especially the Bundesdatenschutzgesetz (Federal Data Protection Act) and Telemediengesetz (Broadcast Media Act) of the Federal Republic of Germany.

Personal data is kept strictly confidential by Fightingsticks. Data necessary for the conclusion of the contract are stored. The customer agrees that his data can be used for Fightingsticks own marketing purposes.

No data will be forwarded to third parties, if the customer does not explicitly agree upon that.

If the customer registers for the "Fightingsticks Club", he agrees that his e-mail address will be used for advertising purposes until the customer unsubscribes explicitly. It is possible to unsubscribe anytime.

At several places on the site Fightingsticks uses cookies to make the visit of the website more attractive and allow the customer to use certain functions. Cookies are little textfiles, which are saved on the computer of the customer. Most of the cookies will be erased after the end of the browser session (so-called "session cookies"). Other cookies remain on the customers hard-drive to enable the site to the customers computer on his next visit (so-called "permanent cookies"). These cookies serve to make it unnessary to rewrite the password or fill out forms again.

Accrding to the Bundesdatenschutzgesetz (Federal Data Protection Act) the customer has the right to informed about all the saved by Fightingsticks free of charge. Where required the customer has the right to demand his data to be corrected, erased or blocked.

15. Intellectual Property Rights 

Fightingsticks is the owner of all intellectual property rights of the content and pictures used on http://www.fightingsticks.de. The usage of content and pictures by third parties must be permitted by Fightingstingsticks explicitly. 

16. Final Provisions

The law of the Federal Republic of Germany is apllied to all contracts between Fightingsticks and the customer. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.

Court of jurisdiction for any conflicts related to contracts between Fightingsticks and the customer is Berlin.

The inoperativeness of one or several provisions of the contract does not affect the validity of the remaining provisions.



IMPRINT:
Christoph Kluge
Lausitzer Straße 18
D-10999 Berlin
Germany

Phone: unable to take calls at the moment

Bank account
is shown in order transaction.

German tax number 14/385/61846



Fightingsticks.de is a non-store retailing. You can easily order at our webshop. (If you want to pick up the articles personally in Berlin-Kreuzberg, please get in touch.)