General Terms and Conditions of TMH Trading GmbH(dated 01/03/2022)
These General Terms and Conditions are the basis of any and all contracts between TMH Trading GmbH, commercial register no. 325836x, Ennser Straße 39, 4407 Steyr, Upper Austria, Austria (“TMH”), and its clients (“Client”) on the purchase of goods via the on-line shops operated by TMH, that is
and all other on-line shops, websites and trading platforms operated by TMH.
These are browser-based on-line shops where TMH advertises its own products and those of its contractual partners and offers them for sale via an integrated on-line shop. The GTC also apply to all transactions concluded on site, by telephone or otherwise between TMH and customers. The language of contract is German.
1. Scope of the Terms and Conditions; definitions; contract conclusion
1.1. Any and all services which THM provides its Clients in connection with consultancy and the conclusion and processing of sales contracts for goods are exclusively based on these Terms and Conditions. By checking the “I read, understood and accept the TMH Trading GmbH Terms and Conditions, including the right to withdrawal” box in the shopping cart prior to placing the purchase order, the purchaser agrees to these Terms and Conditions and is bound by them.
1.2. TMH reserves the right to amend these Terms and Conditions at any time. The Terms and Conditions as amended at the time of contract conclusion apply to the contract concluded with the Client. A copy thereof is also sent to the Client together with the purchase order confirmation.
1.3. Product range: The presentation of the products in the on-line shop must not be considered a legally binding offer, but this is a non-binding on-line catalogue. Changes in particular to the design and technology which do not significantly impact the product properties and functions and any deviations from descriptions and illustrations are excepted. All technical information regarding individual products is based on information provided by the manufacturers.
1.4. In the case of articles falling under the Austrian Regulations on Placing Products Similar to Firearms on the Market and prohibited from being sold to individuals under the age of 18, the contract – in addition to these Terms and Conditions – is concluded only after legally required information on the individual was provided.
The Client shall explicitly confirm his/her age (he/she has to be at least 18 years old) by providing a well-readable photocopy of his/her passport, identity card or any other official photo ID which additionally states the name and the date of birth.
1.4. Purchase order: Clients placed a purchase order whenever they make an offer to TMH for the purchase of single or several goods from the range of products available on the platform. They do so by clicking on the “Purchase Now” button at the end of the purchase order process with regard to the products which they added to their shopping carts.
1.5. Purchase order confirmation: Immediately after receiving a purchase order, TMH provides the Client with a purchase order confirmation which lists all the goods ordered by the Client together with essential product features and characteristics, the total price, including all ancillary costs, and these Terms and Conditions. Unless explicitly stated otherwise in the purchase order confirmation, the purchase order confirmation must not be considered a confirmation of acceptance of the purchase order.
1.6. Acceptance: All purchase orders will be accepted within a period of 7 working days from TMH receiving the purchase order, either by sending a written notification or by delivering the goods which the Client had ordered. In the case where TMH decides not to accept any purchase orders from Clients, they will inform those Clients within a period of 7 working days from receiving the purchase order.
1.7. Acknowledgement of purchase order receipt: As a part of the fulfilment of legal obligation to provide information, TMH will provide the Client with an e-mail confirming the concluded contract and including these Terms and Conditions, immediately after the contract was concluded, but in no case later than at the time of delivering the goods.
1.8. Prices: The prices displayed in the on-line shop for the deliveries and services offered by TMH do not include transport costs; transport costs will be indicated in the shopping cart prior to placing the purchase order. Payments will be made in Euro. Should export or import duties become due for payment when shipping any goods to countries outside the EU, these duties shall also be borne by the Client (the Clients receive information on this matter by referring to competent customs office). However, sales to Clients outside the EU are not subject to value-added tax.
Sales to Clients who are no consumers within the EU are not subject to Austrian value-added tax, provided that such Clients indicate their value-added tax identification number (VAT ID). However, these Clients will be obliged to pay value-added tax in their home countries.
1.9. Client information
For the purpose of delivering and selling certain product categories (e.g. airsoft weapons etc.), submission of a proof of identity or qualification certificates (e.g. a copy of the identity card or proof of a trade licence) is required, irrespective of the provisions concerning the purchase of weapons according to sec. 9 of these Terms and Conditions. The Client is obliged to provide TMH with and to submit an accurate, up-to-date and valid proof of identity or qualification certificate.
2. Delivery terms and delivery periods
2.1. Delivery dates specified by TMH in the course of the ordering process are generally to be understood as being non-binding and – unless explicitly agreed otherwise in writing – these dates/periods are not of the essence with regard to the contract.
2.2. In cases where TMH is prevented from meeting any delivery and service provision periods due to force majeure events (e.g. strikes; natural disasters) or any other circumstances beyond the reasonable control of THM, TMH shall inform the Client about the period of the presumed delay. Any contractual delivery or service periods will be extended by the period during which such event existed.
2.3. Any and all deliveries will be made either by Österreichische Post, by GLS or by any other delivery service partner. TMH generally offers a selection of several shipping companies, but the Client does not have any legal claim for selecting a specific shipping company. Clients should note that “GLS – General Logistic Systems” makes no deliveries to parcel lockers.
2.4. The risk of accidental loss and accidental deterioration of the goods passes on to the transport company upon the transfer of the goods in the case of mail order purchases. The Client bears no risk with regard to the delivery. However, the risk passes on to the Client once he/she takes over the goods. Should the goods have external damage at the time of take-over, the Client, provided that he/she is an entrepreneur, shall directly make a complaint to the delivery agent at the time of take-over and have the latter confirm such damage.
2.5. TMH ships throughout Europe; the respective transport costs depend on both the size of a purchase order and the place of destination and they will be displayed to the Client during the ordering process before placing a purchase order.
2.6. TMH is entitled to process and execute any purchase orders for goods placed by the Client by way of partial deliveries, even if the Client did not expressly request this. In this case, however, TMH shall itself bear any additional shipping costs arising from this. The Client shall bear any and all additional costs resulting from partial deliveries requested by the Client.
3. Payment terms
3.1. Unless otherwise agreed, the invoice amount is due for payment by way of advance payment.
3.2. The Clients may settle the respective invoice amount for any on-line purchase orders on advance payment, by credit card (VISA, Eurocard/Mastercard) or by PayPal.
3.3. TMH reserves the right to make deliveries to Clients with a negative credit standing only on advance payment or to reject acceptance of the contract.
3.4. The Client shall compensate TMH, to the extent provided for under the law, for any expenses and costs the latter incurred by reminders and legal proceedings instituted for exactly that purposes. In this context, the contractual partners undertake, in the event of delays, even in the case where they are not responsible for such delay of payment, to reimburse to TMH any dunning and collection costs to which TMH is entitled to the extent to which such costs are required for legal proceedings instituted for exactly that purposes and appropriate considering the claim for payment. The contractual partners particularly undertake to reimburse to TMH any and all costs in the event of a debt collection agency being involved, unless such costs exceed the maximum fee rates which debt collection agencies may request for their services according to the regulations established by the BMWFJ [Austrian Federal Ministry of Economy, Family and Youth].
3.5. In the event of payment delays, TMH is entitled to claim statutory default interest without the need to previously send a reminder. In addition, in the event of payment delays, TMH is entitled to withdraw from the contract after setting a reasonable grace period of 14 days and to demand that the Client return all the goods which had already been delivered to it.
4. Retention of title
4.1. All goods delivered by TMH remain the sole property of TMH until full payment was made.
4.2. The Client is obliged to inform third parties, in due time, about TMH’s ownership in the event of execution or insolvency in such a way that TMH does not incur any costs or other adverse consequences.
5. Right of withdrawal and objection for consumers
BEGINNING OF THE CANCELLATION POLICY FOR CONSUMERS
5.1. The Client has a right to revoke his/her declaration to conclude a contract or to withdraw from a contract already concluded within fourteen days without giving reasons for this.
5.2. The withdrawal period amounts to fourteen days from the day on which the goods were taken into possession by the Client himself/herself or by a third party named by the Client who is not the carrier.
5.3. If the Client purchased the goods based on a single purchase order and if these goods are delivered separately, the withdrawal period begins on the day on which the Client himself/herself or a third party named by the Client, who is not the carrier, took possession of the goods delivered last.
5.4. Should TMH fail to fulfil its duty to inform the Client about him/her having such right of withdrawal (terms and conditions; deadlines; procedure for exercising this right), the withdrawal period is extended by twelve months.
5.5. If TMH subsequently fulfils its duty and provides information within twelve months from the taking of possession of the goods or – in the case of separate deliveries – of the last delivery, the withdrawal period ends 14 days after the date on which the Client received such information.
5.6. In order to exercise the right of withdrawal, the Client shall inform TMH about his/her decision to withdraw from the contract by means of a clear declaration (e.g. by letter, fax or e-mail). Such withdrawal notification shall be delivered to TMH Trading GmbH, Ennser Straße 39, 4407 Steyr, Austria:
Tel.: +43 7252 50900
By letter: TMH Trading GmbH, Ennser Straße 39, 4407 Steyr, Austria.
5.7. The Client has the right, but no obligation in this regard, to use the withdrawal template available for download as a PDF file on the websites of TMH Trading GmbH.
5.8. In order to meet the withdrawal period, it is sufficient for the Client to post/send the notification of exercising the right of withdrawal before the withdrawal period expires.
6. Consequences of withdrawal
6.1. If the Client revokes his/her declaration of contract conclusion or withdraws from a contract which has already been concluded, TMH shall reimburse to the Client any and all payments which TMH received from the Customer, including the delivery costs (except for additional costs resulting from the Client selecting a type of delivery other than the cheapest standard delivery method offered by TMH), without delay and no later than within fourteen days from the date on which TMH received the notification of withdrawal from this contract.
6.2. For this repayment, TMH shall use the same means of payment which the Client had used for the original transaction, unless expressly agreed otherwise with the Client. TMH is not entitled to charge the Client for this repayment. However, TMH is entitled to refuse such repayment until TMH received all the goods to be returned or until the Client produced evidence showing that he/she sent the goods back – with the earlier point in time being of the essence.
6.3. The Client shall return the goods to TMH Trading GmbH, Ennser Straße 39, 4407 Steyr, Austria, immediately and in any case no later than fourteen days from the day on which he/she informed TMH of his/her decision to withdraw from the contract. The deadline is met if the Client sends the goods before the deadline of fourteen days expires. The Client shall bear the direct costs of return deliveries.
6.4. In the following cases, the Client has no right of withdrawal:
with contracts for the supply of goods which are manufactured based on the Client’s specifications or requests or which are clearly tailored to his/her personal needs; with contracts relating to goods which are delivered in sealed boxes and which are not suitable for return delivery due to health or hygiene reasons once the seal was removed after delivery.
END OF THE CANCELLATION POLICY FOR CONSUMERS
TMH reserves all rights, in particular all trademark rights and copyrights, in the entire contents of the website, in particular in all brands, logos, texts, graphics, photographs, layouts and music. To the extent to which the law does not provide for a compulsory right to use, any use of the website contents beyond the contractual service obligations, in particular the storage of contents in databases, reproduction, distribution or processing, requires the express written consent of TMH.
8. Warranty, guarantee and liability
8.1. Warranty is based on the statutory provisions as amended at the time of contract conclusion. A voluntary guarantee granted by TMH in no case restricts the Client’s warranty rights.
8.2. In the case of B2B transactions, the following also applies: The Client shall inspect the goods for defects/deviations within a reasonable period of 14 working days after delivery and immediately notify TMH of any defects, in default whereof the goods are deemed to be accepted.
8.3. Liability of TMH and the vicarious agents involved is limited, in all legally permissible cases, to compensation for damage caused by gross negligence or wilful intent. This does not apply to liability for personal injuries and liability under the Austrian Product Liability Act.
8.4. In all legally permissible cases, TMH’s liability is limited in any case to the amount of insurance cover available for the relevant case and paid by TMH’s liability insurance.
8.5. The images which TMH uses for the purpose of promoting and advertising its products are, to some extent, exemplary images which the manufacturers provided to TMH. These images were taken under professional conditions by using special lighting conditions which means that they do not necessarily show the appearance of a product when the Clients use this for every-day purposes. TMH is therefore not liable for the fact that products fail to exactly correspond to the images used for advertising/promotion.
9. Special provisions applying to the purchase of firearms
9.1. When placing their purchase orders with Trading GmbH, Clients who order any products which require special authorisations or a certain age when it comes to purchasing, possessing or importing such products (in particular for firearms subject to notification and authorisation duties; parts related and relevant to firearms and ammunition in terms of the Austrian Firearms Act, the Austrian War Material Act, the respective laws on firearms valid in the Client’s country of domicile and the EU Firearms Directive), declare that they meet all of these requirements and that they have never been banned from purchasing any firearms. They undertake to submit to TMH Trading GmbH any authorisations required for the acquisition, possession or import at the time when placing the purchase order. TMH Trading GmbH is entitled, in the case of purchase orders for products to be classified as firearms according to the EU Firearms Directive or any other regulations, to deliver such products only after required evidence was produced and checked for authenticity and to withdraw from the purchase contract, without setting a grace period, if no such evidence was provided. In this case, the purchase price will be reimbursed to the Client by wire transfer if the latter had already paid the price.
9.2. Independent of whether they place any purchase orders, commercial customer are obliged to submit a copy of their authorisations in terms of Austrian firearms laws once every year, at the end of January, and to expressly point out to any changes in the circumstances (in particular any restrictions of their authorisations based on official assessment notices or changes in regulations in the importing country).
10. Final provisions
10.1. The place of fulfilment is TMH’s registered office located in 4407 Steyr, Austria.
10.2. Any contract concluded with TMH is governed by Austrian law, with the United Nations Convention on Contracts for the International Sale of Goods and the reference norms under international private law being excluded. If the Client is a consumer having his/her habitual abode in the EU, purchase orders are additionally subject to mandatory consumer protection provisions pursuant to the laws of the Client’s country of residence.
10.3. To the extent legally permissible, the contractual parties agree upon Austrian courts in general and the court in 4407 Steyr, Austria, having local and subject-matter jurisdiction in particular as the place of jurisdiction.
10.4. Clients who are consumers also have the option of submitting complaints via the EU’s on-line dispute resolution platform available at http://ec.europa.eu/odr.
Clients may also submit their complaint directly to TMH by using the following e-mail address: firstname.lastname@example.org