General terms and conditions

§ 1 Scope of application and provider

(1) These General Terms and Conditions apply to all orders that you place with the online store

https://metalldetektoren.de, Andreas Licht, Prof.-Derra Str 3, 96465 Neustadt, Germany

.

(2) The goods offered in our online store are aimed exclusively at buyers who have reached the age of 18.

(3) Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The General Terms and Conditions therefore also apply to all future business relationships with companies, even if they are not expressly agreed again. The inclusion of general terms and conditions of a customer that contradict our General Terms and Conditions is hereby rejected.

(4) The contract language is exclusively German.

(5) You can download the currently valid General Terms and Conditions from the

website https://metalldetektoren.de/

and print them out.

§ 2 Conclusion of contract

(1) The presentation of goods in the online store does not constitute a binding application for the conclusion of a purchase contract. Rather, it is a non-binding invitation to order goods in the online store.

(2) By clicking on the button ["Buy"] you submit a binding offer to purchase (§ 145 BGB).

(3) After receipt of the purchase offer, you will receive an automatically generated e-mail confirming that we have received your order (confirmation of receipt). This confirmation of receipt does not constitute acceptance of your purchase offer. A contract is not yet concluded by the confirmation of receipt.

(4) A purchase contract for the goods is only concluded when we have expressly

declare acceptance of the purchase offer (order confirmation) or when we dispatch the goods to you - without prior express declaration of acceptance.

§ 3 Prices

The prices stated on the product pages include the statutory VAT and other price components and do not include the respective shipping costs. Further information on shipping costs can be found on our website https://metalldetektoren.de in the shopping cart.

§ 4 Terms of payment; default

(1) Payment can be made either by:

Bank transfer, invoice in advance (regular customers), AmazonPay, credit card (Paypal), invoice (Paypal), Paypal, Klarna

(2) We are responsible for selecting the payment methods available in each case. In particular, we reserve the right to offer you only selected payment methods, e.g. only prepayment to cover our credit risk.

(3) If you select advance payment, we will provide you with our bank details in the order confirmation. The invoice amount must be transferred to our account within 10 days of receipt of the order confirmation.

(4) When paying by credit card, the purchase price will be reserved on your credit card at the time of ordering (authorization). Your credit card account will actually be debited at the time we dispatch the goods to you.

(5) When paying with PayPal, you will be redirected to the website of the online provider PayPal during the ordering process. In order to be able to pay the invoice amount via PayPal, you must be registered there or first register, legitimize yourself with your access data and confirm the payment instruction to us. After placing the order in the store, we request PayPal to initiate the payment transaction. You will receive further instructions during the ordering process. The payment transaction will be carried out automatically by PayPal immediately afterwards.

(6) When paying by direct debit, you may have to bear the costs incurred as a result of a chargeback of a payment transaction due to insufficient funds in your account or due to incorrect bank details provided by you.

(7) If you are in arrears with a payment, you are obliged to pay the statutory default interest of 5 percentage points above the base interest rate. You will be charged a reminder fee of EUR 2.50 for each reminder sent to you after the default has occurred, unless lower or higher damages are proven in individual cases.

§ 5 Offsetting/right of retention

(1) You shall only have a right of set-off if your counterclaim has been legally established, is not disputed or recognized by us or is in a close synallagmatic relationship to our claim.

(2) You may only exercise a right of retention if your counterclaim is based on the same contractual relationship.

§ 6 Delivery; retention of title

(1) Unless otherwise agreed, the goods shall be delivered from our warehouse to the address specified by you.

(2) The goods shall remain our property until the purchase price has been paid in full.

(3) If you are an entrepreneur within the meaning of § 14 BGB, the following shall apply in addition:
- We reserve title to the goods until all claims arising from the current business relationship have been settled in full. Prior to the transfer of ownership of the reserved goods, pledging or transfer by way of security is not permitted.
- You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that accrue to you from the resale. We accept the assignment, but you are authorized to collect the claims. If you do not properly meet your payment obligations, we reserve the right to collect claims ourselves.
- If the goods subject to retention of title are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed items at the time of processing.
- We undertake to release the securities to which we are entitled upon request to the extent that the realizable value of our securities exceeds the value of the reserved goods.

claims to be secured by more than 10%. We shall be responsible for selecting the securities to be released.

§ 7 Cancellation policy

Please note:

In order to test the functionality of detectors and coils, it is not (!) necessary to go exploring with the devices in the field
and to scratch / soil them in the process. A "dry test" without going into the field is sufficient.

For returned equipment and goods that are scratched, soiled or damaged, whose value is reduced by traces of use of any kind, we will charge compensation.

Hygiene articles such as gloves, rucksacks, restoration materials and Fundtaschen with drinking bottles are excluded from exchange.

In the event that you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), i.e. you are making the purchase for purposes that cannot be predominantly attributed to your commercial or independent professional activity, you have a right of withdrawal in accordance with the following provisions.

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.

To exercise your right of withdrawal, you must inform us

Company: Andreas Licht, Prof.-Derra Str 3, 96465 Neustadt

E-Mail: info@metalldetektoren.de Phone: 09568 87708

of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
The costs of the return shipment are to be borne by the buyer.

Consequences of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.

We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.

You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.

You shall bear the direct costs of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.

(1) The right of withdrawal does not apply to

- Delivery of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,

- in the case of delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery, or

- in the case of delivery of audio or video recordings or computer software in a sealed package, if the seal has been removed after delivery.

(2) Please avoid damage and contamination. If possible, please return the goods to us in their original packaging with all accessories and with all packaging components. If possible, use protective outer packaging. If you no longer have the original packaging, please use suitable packaging to ensure adequate protection against transport damage in order to avoid claims for compensation due to damage caused by defective packaging.

(3) Please call us on 09568 87702 before returning the goods to notify us of the return. This will enable us to allocate the products as quickly as possible.

(4) Please note that the modalities mentioned in the above paragraphs 2 and 3 are not a prerequisite for the effective exercise of the right of withdrawal.

§ 8 Damage in transit

(1) If goods are delivered with obvious transport damage, please complain about such defects immediately to the deliverer and contact us as soon as possible.

(2) Failure to make a complaint or contact us has no consequences for your statutory warranty rights. However, you will help us to assert our own claims against the carrier or the transport insurance company.

§ 9 Warranty

(1) Unless expressly agreed otherwise, your warranty claims shall be governed by the statutory provisions of the law on sales (§§ 433 ff. BGB).


(2) If you are a consumer within the meaning of § 13 BGB, the limitation period for warranty claims for used goods is one year, in deviation from the statutory provisions. This limitation shall not apply to claims for damages resulting from injury to life, body or health or from the breach of a material contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligation) as well as for claims for other damages based on an intentional or grossly negligent breach of duty by the user or his vicarious agents.

(3) In all other respects, the statutory provisions shall apply to the warranty.

(4) If you are an entrepreneur within the meaning of § 14 BGB, the statutory provisions shall apply with the following modifications:
- Only our own information and the manufacturer's product description are binding for the quality of the goods, but not public promotions and statements and other advertising by the manufacturer.
- You are obliged to inspect the goods immediately and with due care for deviations in quality and quantity and to notify us of obvious defects within 7 days of receipt of the goods. Timely dispatch is sufficient to meet the deadline. This shall also apply to hidden defects discovered at a later date. The assertion of warranty claims is excluded in the event of a breach of the obligation to inspect and give notice of defects.
- In the event of defects, we shall provide warranty at our discretion by repair or replacement (subsequent performance). In the event of rectification, we shall not be required to bear the increased costs incurred by the transportation of the goods to a location other than the place of performance, provided that the transportation does not correspond to the intended use of the goods.
- If the subsequent performance fails twice, you may, at your discretion, demand a reduction in price or withdraw from the contract.
- The warranty period is one year from delivery of the goods.

§ 10 Liability

(1) Unlimited liability: We shall be liable without limitation for intent and gross negligence as well as in accordance with the German Product Liability Act. We shall be liable for slight negligence in the event of injury to life, limb and health of persons. (2) Otherwise, the following limited liability shall apply: In the event of slight negligence, we shall only be liable in the event of a breach of a material contractual obligation, the fulfillment of which is essential for the proper performance of the contract.

and on the fulfillment of which you may regularly rely (cardinal obligation). Liability for slight negligence is limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability also applies in favor of our vicarious agents.

§ 11 Note on the return and disposal of batteries/rechargeable batteries and electrical and electronic equipment

To avoid environmental damage, batteries and electrical and electronic equipment must not be disposed of with household waste. You can return your old batteries free of charge to the public collection points in your municipality or wherever batteries are sold. You can also hand in your old electrical appliances free of charge at one of the municipal collection points. The acceptance of old appliances may be refused if there is a risk to the health and safety of people due to contamination.

Waste batteries and accumulators that are not enclosed by the old appliance must be separated from it before being handed in.

The "waste garbage can" symbol means that electrical appliances and certain batteries must be collected and disposed of separately from household waste.

You will also find the following information on batteries containing hazardous substances: Pb: Battery contains lead Cd: Battery contains cadmium Hg: Battery contains mercury

You are responsible for the deletion of personal data.

§ 13 Alternative dispute resolution

The EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to resolve disputes in connection with their online order initially without the involvement of a court. The dispute resolution platform can be accessed via the external link https://ec.europa.eu/consumers/odr/.

We endeavor to settle any disagreements arising from our contract amicably. Beyond this, we are not obliged to participate in arbitration proceedings and unfortunately cannot offer you participation in such proceedings.

§ 14 Final provisions

(1) Should one or more provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions.

(2) German law shall apply exclusively to contracts between us and you, to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN Sales Convention"). Mandatory provisions of the country in which you usually reside remain unaffected by the choice of law.

(3) If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from or in connection with contracts between us and you shall be our place of business.


Neustadt, status: 10/2023


General information on the use of retrieval magnets and Metalldetektoren

Magneten

Lifting magnets are much stronger than "ordinary" magnets. Therefore, keep a safe distance from all devices and objects that can be damaged or disturbed by magnetism. These include, among others: Older televisions and computer monitors, credit and debit cards, computers, hard disks floppy disks and other magnetic data carriers, video tapes, mechanical watches, hearing aids and loudspeakers. Modern cell phones with compass function and especially pacemakers can be disturbed by a large Magneten or switched to test mode - keep a sufficient distance (1m).

Not only "friendly" iron objects can be brought to the surface with retrieval magnets! Ammunition of all kinds can also stick to them! When searching, always observe the legal regulations and, if in doubt, have your found object examined by the local police or an explosive ordnance disposal service!

Metal detectors

We expressly point out that the use of metal detectors is at your own risk. In particular, the excavation of ammunition, toxic substances or similar hazardous substances can cause considerable personal injury and damage to property. The volume of headphones must be individually adjusted by the operator to suit their hearing; we are therefore not liable for any damage to hearing. Every explorer should inform themselves in advance about the risks and behave accordingly.

Our Metalldetektoren is not intended as a tool for unauthorized excavations. They merely reflect the increasing acceptance of modern electronic aids and the resulting opportunities and possibilities in the field of archaeological research.

Targeted research into objects of cultural-historical significance generally requires authorization from the relevant authorities. In this context, it is essential that you observe the regulations and laws applicable in your country or federal state.