I. Standard business terms
§ 1 Basic provisions
(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (Militaria-Archiv Carsten Baldes e.K.) via the www.militaria-baldes.de website. Unless otherwise agreed upon, the inclusion, if necessary, of your own conditions is ruled out.
(2) A ‘consumer’ in the sense of the following regulations is every natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities. The term ‘businessman’ refers to every natural person, legal person or legally responsible partnership that concludes a legal transaction in pursuance of his/its independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject-matter of the contract is the selling of products.
(2) We sell the product under our own name on behalf of others, i.e. for an external party that owns the product in question. In this regard, we play the role of a partial or total commission agent. In spite of that, we are a contractual partner who enjoys all the respective rights and is subject to all the respective responsibilities.
(3) On placing the product in question on our website, we provide you with a binding offer to conclude a sales agreement subject to the conditions specified in the item description.
(4) The purchase agreement takes place via the online shopping cart system as follows:
The products intended for purchase are moved to the "shopping cart". You can select the shopping cart using the appropriate buttons on the navigation bar and make changes there at any time.
After calling up the “Checkout” page and entering the required personal data and payment and shipping conditions, all order information is then displayed again on the order summary page.
If you used an instant payment system (e.g. PayPal / PayPal Express, Amazon-Payments, Postpay, Sofort) to receive payments, you will either be guided to our online shop on the order summary page or forwarded to the web page of the instant payment provider.
If you are forwarded to the instant payment system, choose and enter your details as appropriate. You will then be returned to the order summary page in our online shop.
Before the order is sent, you can re-check all the data, change it (which can also be done via the internet browser’s ‘back’ function) or cancel the purchase transaction.
By clicking the "Place order in conjunction with a liability to pay” button to submit the order, you declare acceptance of the order in a legally binding way by which the purchase agreement takes place.
(5) You are not bound by your enquiries regarding the creation of an offer that have been conveyed to us. We supply you with a textual and binding offer (e.g. via e-mail), which you can accept within a period of 5 days.
(6) The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.
§ 3 Contract duration / Cancellation in case of subscription contracts
(1) The subscription contract that has been concluded between you and us is subject to the agreed-upon duration. If the contract is not cancelled by one of the parties in text form (e.g. via e-mail) 3 weeks before the expiration of the contract (insofar as the respective offer is not associated with another time frame), it gets extended by the agreed-upon base duration. However, if the base duration is more than a year, the contract only gets extended by a period of one year.
(2) This has no bearing on the right to cancel the contract without notice for an important reason.
§ 4 Right of retention, reservation of proprietary rights
(1) You can only exercise a right of retention if the situation in question involves claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price is paid in full.
§ 5 Warranty
(1) The statutory warranty rights are applicable.
(2) Despite the contents of the corresponding legal regulation, the warranty period for second-hand items amounts to a period of one year after delivery of the goods in question. The reduction in time-limit does not apply:
- to damages culpably attributable to us arising from injury to life, limb or health and for other damages caused by wilful intent or gross negligence;
- insofar as we have wilfully concealed the defect or accepted a warranty for the quality of the goods.
(3) As a consumer, you are requested to promptly check the product for completeness, visible defects and transport damage as soon as it is delivered, and promptly disclose your complaints to us and the shipping company in writing. Even if you do not comply with this request, it shall have no effect on your legal warranty claims.
§ 6 Choice of law, place of fulfilment, jurisdiction
(1) German law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteed by the mandatory provisions of the law of the country in which the respective customer’s usual place of residence is located (benefit-of-the-doubt principle).
(2) If you are not a consumer, but a businessman, a legal entity under public law or an institutional fund governed by public law, our place of business is the place of jurisdiction as well as the place of fulfilment for all services that follow from the business relationships that exist with us. The same condition applies to situations in which you are not associated with a general place of jurisdiction in Germany or the EU, as well as situations in which the place of residence or the usual place of residence is not known at the time of commencement of proceedings. This has no bearing on the capacity to call upon the court associated with another place of jurisdiction.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.
§ 7 Weapons sales
(1) When it comes to the sales of products that are covered by the weapons law, we only enter into contractual relationships with customers who are of legal age. If the products in question are listed in annexe 2 of the weapons law, you are asked to produce a weapons permit.
(2) You affirm, in conjunction with the sending of your order, that you are at least 18 years old and that the data supplied by you regarding your name and your address is accurate.You are obligated to ensure that the product is only received by you or persons of legal age who you have authorised to receive the product.
(3) We instruct the third-party logistics provider, who has been entrusted with the task of making the delivery, to only deliver the product in question to people above the age of 18 and, in case of any doubts, to verify the age of the person receiving the product by viewing that person’s identification card.
§ 8 Validity and observance of the legal provisions of §§ 86, 86a StGB
Militaria-Archiv Carsten Baldes e.K. confirms that historical and military items from the time period 1933-1945 listed in the catalog are offered for purposes of civic information, protection against illegal and subversive aims, for scientific and art historical research, education and reporting on events of current affairs or military history uniform research ( § 86a StGB ). With the placing of orders for items that are provided with emblems of the so-called Third Reich, the customer agrees to purchase these only for historical scientific purposes as mentioned above and in no way use them for propagandist purposes, especially in contravention of the meaning of § 86a StGB.
Orders for purchase are accepted only under these conditions.
§ 9 Orders and Medals of the Federal Republic of Germany
Orders and Medals of the Federal Republic of Germany and its federal states, as well as their Miniatures, Stickpin Ribbons, Buttonhole Ribbons and Ribbon Bars, in accordance with Article 14, Para 3 of the Law on Titles, Orders and Decorations may only be supplied to those entitled to them.
As well as the recipient of the award, those persons who are in possession of a collectors permit are also considered as entitled. This collecting licence is granted on request to the relevant competent authority (The competence is regulated differently in the individual federal states). The granting of such a permit may be refused by the competent authority only if there are serious grounds according to the commentary on the law. By ordering orders and medals of the Federal Republic and its federal states the customer assures that he is in proper possession of such a collecting licence .
Purchase ordes are only accepted under these conditions.
§ 10 Originality - Warranty
All orders and decorations as well as other historical collection objects offered in this catalogue are faultless contemporary original items, unless the latter are explicitly described as " not original ". Authenticity of Militaria-Archiv Carsten Baldes e.K. wares is guaranteed indefinitely, that is explicitly beyond the extent of the statutory warranty. However, any liabilities which may be incurred from this warranty extend only to the amount of the original purchase price including shipping costs. Any additional liability is excluded.
II. Customer information
1. Identity of the seller
Militaria-Archiv Carsten Baldes e.K.
Reuttier Str. 40, 1. Stock
Phone: +49 (0) 731 / 1 59 73 28
Fax: +49 (0) 731 / 1 59 73 29
Alternative dispute resolution:
The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under https://ec.europa.eu/odr.
2. Information regarding the conclusion of the contract
The technical steps associated with the conclusion of the contract, the contract conclusion itself and the correction options are executed in accordance to the regulations "conclusion of the contract" in our standard business terms (part I.).
3. Contractual language, saving the text of the contract
3.1 Contract language shall be English.
3.2 The complete text of the contract is not saved with us. Before the order is sent, via the online - shopping cart system the contract data can be printed out or electronically saved using the browser’s print function. After the order is received by us, the order data, the legally-mandated details related to distance selling contracts and the standard business terms are re-sent to you via e-mail.
3.3 You will be sent all contractual information within the framework of a binding offer in written form, via E-mail for example, for quotation requests outside of the online shopping basket system, which can be printed out or saved electronically in a secure manner.
4. Main features of the product or service
The key features of the goods and/or services can be found in the respective quote.
5. Prices and payment arrangements
5.1 The prices mentioned in the respective offers represent total prices, as do the shipping costs. They include all the price components, including all the incidental taxes.
5.2 The dispatch costs that are incurred are not included in the purchase price. They can be viewed by clicking the appropriate button on our website or in the respective quote, are shown separately over the course of the order transaction and must additionally be borne by you, insofar as free delivery is not confirmed.
5.3 If delivery is made to countries outside of the European Union, we may incur unreasonable additional costs, such as duties, taxes or money transfer fees (transfer or foreign exchange fees charged by the banks), which you must bear. You must also bear the costs arising from money transfers in cases in which the delivery is made to an EU Member State, but the payment is initiated outside of the European Union.
5.5 Unless otherwise specified for the respective payment methods, the payment claims arising from the contract that has been concluded become payable immediately.
6. Delivery conditions
6.1 The delivery conditions, delivery date and existing supply restrictions, if applicable, can be found by clicking the appropriate button on our website or in the respective quote.
6.2 If you are a consumer, the following is statutorily regulated: The risk of the sold item accidentally being destroyed or degraded during shipping only passes over to you when the item in question is delivered, regardless of whether or not the shipping operation is insured. This condition does not apply if you have independently commissioned a transport company that has not been specified by us or a person who has otherwise been appointed to execute the shipping operation.
7. Statutory warranty right
Liability for defects is governed by the “Warranty” provisions in our General Terms and Conditions of Business (Part I).
8. Contract duration / cancellation
Information on the contract term and the terms and conditions of termination can be found in the section “Contract term / Termination of subscription contracts” in our General Terms and Conditions of Business (Part I), and in the individual quotation.
last update: 07.12.2017