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Original US ARMY military surplus

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General terms and conditions with customer information
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Table of contents
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1. Scope
2. Conclusion of contract
3. Purchase on trial
4. Right of Withdrawal
5. Prices and terms of payment
6. Terms of delivery and shipping
7. Retention of Title
8. Liability for Defects (Warranty)
9. Special conditions for the processing of goods according to specific customer specifications
10. Special conditions for assembly/installation services
11. Special Conditions for Repair Services
12. Redeeming Promotional Vouchers
13. Redeeming Gift Certificates
14. Alternative Dispute Resolution


1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of , trading under "Felaro" (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with regard to the goods presented by the seller in his online shop. The inclusion of the customer's own conditions is hereby contradicted, unless something else has been agreed.
1.2 These General Terms and Conditions shall apply accordingly to contracts for the delivery of vouchers, unless expressly agreed otherwise.
1.3 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of contract
2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to enable the customer to submit a binding offer.
2.2 The customer can submit the offer via the online order form integrated in the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer to the seller by telephone, email or online contact form.
2.3 The seller can accept the customer's offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby receipt of the goods by the customer is decisive, or
- by asking the customer to pay after placing his order.
If there are several of the above alternatives, the contract is concluded at the point in time at which one of the above alternatives occurs first. The period for accepting the offer begins on the day after the customer has sent the offer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.
2.4 If you select a payment method offered by PayPal, the payment will be processed via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), under the validity of PayPal - Terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - under the conditions for payments without a PayPal account, can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected in the online ordering process, the seller already declares acceptance of the customer's offer at the point in time at which the customer clicks on the button that concludes the ordering process.
2.5 When submitting an offer via the seller's online order form, the text of the contract is saved by the seller after the conclusion of the contract and sent to the customer in text form (e.g. e-mail, fax or letter) after the order has been sent. The seller does not make the contract text accessible beyond this. If the customer has set up a user account in the seller's online shop before sending his order, the order data will be archived on the seller's website and can be called up free of charge by the customer via his password-protected user account by providing the corresponding login data.
2.6 Before the binding submission of the order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
2.7 The German language is available for the conclusion of the contract.
2.8 Order processing and contact are usually made via email and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned to process the order can be delivered.

3) Purchase on trial
3.1 If the "Order for inspection" option (purchase on trial) is selected, the contract is concluded under the condition that the customer returns the ordered goods within a period of fourteen days by means of an express declaration (e.g. a letter sent by post, fax or E e-mail) to the seller or that the customer does not reject the goods that have already been handed over within a period of fourteen days by means of an express declaration (e.g. a letter sent by post, fax or e-mail) to the seller. The approval period begins on the day after the goods are received by the customer.
3.2 During the approval period, the customer is entitled to inspect the goods delivered to him with regard to their nature, properties and functionality and to keep them for these purposes. In doing so, he must treat the goods carefully with regard to a possible obligation to return them. If the customer uses the goods in a way that is not necessary to check their nature, properties and functionality, he has to pay for any loss in value of the goods.
3.3 If the customer declares his approval of the goods within the approval period or if he does not reject the goods within the approval period, he is obliged to pay the seller the agreed purchase price. In this case, the buyer must transfer the agreed purchase price to the seller's bank account without delay, but no later than within a period of seven days, unless otherwise agreed. The payment period begins on the day after the customer's declaration of approval or - if no express approval is given - on the day after the end of the approval period. Timely receipt of payment on the seller's bank account is decisive for meeting the deadline.
3.4 If the customer declares rejection of the goods within the approval period, he must return the goods to the seller within seven days at his own expense, unless otherwise agreed. The period for returning the goods begins on the day after the customer's declaration of rejection. The timely dispatch of the goods by the customer is sufficient to meet the deadline. The customer must use suitable transport packaging to avoid transport damage.
3.5 If the customer culpably violates his duty of care and/or return, he is obliged to compensate the seller for the resulting damage.
3.6 The customer's statutory right of withdrawal is not affected by the aforementioned provisions.

4) Right of Withdrawal
4.1 Consumers are generally entitled to a right of withdrawal.
4.2 Further information on the right of cancellation can be found in the seller's cancellation policy.
4.3 The right of withdrawal does not apply to consumers who do not belong to any member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.

5) Prices and terms of payment
5.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory sales tax. Any additional delivery and shipping costs are specified separately in the respective product description.
5.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for money transfers by banks (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also be incurred in relation to the transfer of money if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
5.3 The payment option(s) will be communicated to the customer in the seller's online shop.
5.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
5.5 If the payment method "PayPal Credit" (payment by installments via PayPal) is selected, the seller assigns his payment claim to PayPal. Before accepting the seller's declaration of assignment, PayPal carries out a credit check using the transmitted customer data. The seller reserves the right to refuse the customer the "PayPal Credit" payment method in the event of a negative test result. If the "PayPal Credit" payment method is permitted by PayPal, the customer must pay the invoice amount to PayPal under the conditions specified by the seller, which are communicated to him in the seller's online shop. In this case, he can only pay to PayPal with a debt-discharging effect. However, even if the claim is assigned, the seller remains responsible for general customer inquiries, e.g. B. to the goods, delivery time, shipment, returns, complaints, cancellation declarations and shipments or credits.
5.6 If the "SOFORT" payment method is selected, the payment will be processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the customer must have an activated online banking account for participation in "SOFORT", identify himself accordingly during the payment process and confirm the payment order to "SOFORT". The payment transaction is carried out immediately afterwards by "SOFORT" and the customer's bank account is debited. The customer can access more detailed information on the "SOFORT" payment method on the Internet at https://www.klarna.com/sofort/.
5.7 If you select the credit card payment method via Stripe, the invoice amount is due immediately upon conclusion of the contract. Payment is processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). Stripe reserves the right to carry out a credit check and to reject this payment method if the credit check is negative.
5.8 If you select a payment method offered via the "Klarna" payment service, the payment will be processed by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). More information and Klarna's terms and conditions can be found in the seller's payment information.

6) Delivery and shipping conditions
6.1 Goods are delivered to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive. Deviating from this, if the payment method PayPal is selected, the delivery address stored by the customer at PayPal at the time of payment is decisive.
6.2 If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the delivery if the customer effectively exercises his right of withdrawal. If the customer effectively exercises the right of cancellation, the regulation made in the seller's cancellation policy applies to the return costs.
6.3 The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to himself. This only applies in the event that the seller is not responsible for the non-delivery and has concluded a specific hedging transaction with the supplier with due diligence. The seller will use all reasonable efforts to procure the goods. In the case of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.
6.4 Collection by the customer is not possible for logistical reasons.
6.5 Vouchers are given to the customer as follows:
- via download
- by email

7) Retention of title
If the seller pays in advance, he retains ownership of the delivered goods until the purchase price owed has been paid in full.

8) Liability for Defects (Warranty)
8.1 If the purchased item is defective, the statutory liability for defects shall apply.
8.2 If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect whatsoever on his statutory or contractual claims for defects.

9) Special conditions for the processing of goods according to specific customer specifications
9.1 If, according to the content of the contract, the seller owes not only the delivery of goods but also the processing of the goods according to certain specifications of the customer, the customer must provide the seller with all content required for processing such as texts, images or graphics in the file formats, formatting, image specified by the seller - and file sizes and to grant him the necessary rights of use. The customer is solely responsible for the procurement and the acquisition of rights to this content. The customer declares and assumes responsibility for having the right to use the content provided to the seller. In particular, he ensures that no rights of third parties are violated, in particular copyrights, trademarks and personal rights.
9.2 The customer shall indemnify the seller against claims by third parties which the latter may assert against the latter in connection with a violation of their rights through the contractual use of the customer's content by the seller. The customer also assumes the reasonable costs of the necessary legal defense, including all court and attorney's fees in the statutory amount. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obliged to provide the seller with all information that is necessary for the examination of the claims and a defense without delay, truthfully and completely.
9.3 The seller reserves the right to refuse processing orders if the content provided by the customer for this purpose violates legal or official prohibitions or offends common decency. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, insulting, youth-endangering and/or violence-glorifying content.

10) Special conditions for assembly/installation services
If, according to the content of the contract, the seller also owes the assembly or installation of the goods at the customer's site as well as any corresponding preparatory measures (e.g. measurements) in addition to the delivery of the goods, the following applies:
10.1 The seller provides his services at his own discretion or through qualified personnel selected by him. The seller can also use the services of third parties (subcontractors) who work on his behalf. Unless otherwise stated in the seller's service description, the customer has no right to choose a specific person to carry out the desired service.
10.2 The customer must provide the seller with the complete and truthful information required for the provision of the service owed, provided that their procurement does not fall within the scope of the seller's responsibilities according to the content of the contract.
10.3 The seller will contact the customer after the conclusion of the contract in order to arrange an appointment for the service owed. The customer shall ensure that the seller or the personnel commissioned by the seller has access to the customer's relevant facilities on the agreed date.
10.4 The risk of accidental loss and accidental deterioration of the goods sold only passes to the customer upon completion of the assembly work and handover to the customer.

11) Special conditions for repair services
If the seller owes the repair of an item of the customer according to the content of the contract, the following applies:
11.1 Repair services are provided at the seller's registered office.
11.2 The seller provides his services at his own discretion or through qualified personnel selected by him. The seller can also use the services of third parties (subcontractors) who work on his behalf. Unless otherwise stated in the seller's service description, the customer has no right to choose a specific person to carry out the desired service.
11.3 The customer must provide the seller with all information required for the repair of the item, provided that their procurement does not fall within the scope of the seller's responsibilities according to the content of the contract. In particular, the customer must provide the seller with a comprehensive description of the error and inform him of all circumstances that may be the cause of the error found.
11.4 Unless otherwise agreed, the customer must send the item to be repaired to the seller's registered office at his own expense and risk. The seller recommends that the customer take out transport insurance for this purpose. Furthermore, the seller recommends the customer to send the item in a suitable transport packaging in order to reduce the risk of transport damage and to hide the contents of the packaging. The seller will inform the customer immediately about obvious transport damage so that he can assert any rights he may have against the carrier.
11.5 The item will be returned at the customer's expense. The risk of accidental loss and accidental deterioration of the item is transferred to the customer when the item is handed over to a suitable transport person at the seller's place of business. At the request of the customer, the seller will take out transport insurance for the item.
11.6 The aforementioned regulations do not limit the customer's statutory rights in the event of goods being purchased from the seller.
11.7 The seller is liable for defects in the repair work provided in accordance with the statutory liability for defects.

12) Redemption of promotional vouchers
12.1 Vouchers that are issued free of charge by the seller as part of promotions with a specific period of validity and that cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only in the specified period.
12.2 Promotional vouchers can only be redeemed by consumers.
12.3 Individual products can be excluded from the voucher campaign if a corresponding restriction results from the content of the campaign voucher.
12.4 Promotional vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.
12.5 Only one promotional voucher can be redeemed per order.
12.6 The value of the goods must be at least the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
12.7 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.
12.8 The balance of a promotional voucher will neither be paid out in cash nor will interest be paid.
12.9 The campaign voucher will not be refunded if the customer returns the goods paid for in whole or in part with the campaign voucher within the scope of his statutory right of withdrawal.
12.10 The promotional voucher is transferrable. The seller can pay with discharging effect to the respective owner who redeems the promotional voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, the legal incapacity or the lack of the right to represent the respective owner.

13) Redeeming Gift Certificates
13.1 Vouchers that can be purchased via the seller's online shop (hereinafter "gift vouchers") can only be redeemed in the seller's online shop, unless otherwise stated in the voucher.
13.2 Gift vouchers and remaining balances on gift vouchers can be redeemed up to the end of the third year following the year in which the voucher was purchased. Remaining credit will be credited to the customer by the expiry date.
13.3 Gift vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.
13.4 Only one gift voucher can be redeemed per order.
13.5 Gift Vouchers can only be used to purchase Goods and cannot be used to purchase further Gift Vouchers.
13.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.
13.7 The balance of a gift voucher is neither paid out in cash nor does it bear interest.
13.8 The Gift Voucher is transferrable. The seller can pay with discharging effect to the respective owner who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, the legal incapacity or the lack of the right to represent the respective owner.

14) Alternative Dispute Resolution
14.1 The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
14.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.