General Terms and Conditions for End Customers – Freyhand GmbH

These General Terms and Conditions (GTC) apply exclusively to all contractual relationships between Freyhand GmbH and the customer. Any terms and conditions that conflict with or deviate from these GTC are expressly rejected. These do not become part of the contract unless Freyhand GmbH has expressly agreed to their validity in writing.

These terms and conditions apply exclusively to the relationship with end customers. Separate terms and conditions for dealers apply to the business relationship with commercial customers.

1) Offer and product description

The essential characteristics of the goods we offer and the duration of limited-time offers are determined by the individual and detailed product descriptions in our Internet and shop offerings. The languages ​​available online for concluding the contract are German and English.

The products are items that you may use not only decoratively but also practically, e.g. at LARP events. However, they are action equipment that is only based on actual historical weapons and equipment and whose durability and wear as sporting goods cannot match that of the original and depends largely on how you use and care for them.

Special and made-to-measure items, i.e. products that are manufactured exclusively for you at the customer's request, are not subject to the right of cancellation. Returns are generally excluded, but Freyhand GmbH reserves the right to make a goodwill arrangement in this regard.

The products are sold exclusively for private use. Imitation, processing and duplication – especially for commercial and business use – require the prior consent of Freyhand GmbH.

2) Registration and ordering online

 Once you have found the product you want, you can place it in your shopping cart without obligation, view it at any time without obligation, change and remove products or cancel the order process.

If you want to buy the products in your shopping cart, enter your preferred shipping and payment method and click the 'Checkout' button. Please enter your details there, which Freyhand GmbH needs to process the order.

By clicking the "Continue" button you will be taken to the shipping and payment method page. There, please check that all the information is correct. By clicking the "Continue" button you will be taken to the "Summary". You can only proceed with the order if you agree to the terms and conditions and the privacy policy (check the box).

By clicking the "order with payment" button on the summary page, you complete the order process and thereby submit a binding contract offer for the goods specified in the order. Up to this point, you can cancel the order process at any time by closing the browser window or correct input errors.

3) Conclusion of contract

After we receive your order, you will receive an email confirming receipt of the order and containing all the details of the order (automatic order confirmation). This order confirmation does not represent acceptance of your offer, but is only intended to inform you that your order has been received by Freyhand GmbH.

A purchase contract is only concluded when Freyhand GmbH declares acceptance to you. This is done by sending a separate email (e.g. with payment details), sending the ordered goods to you or a shipping confirmation by email. No purchase contract is concluded for products from one and the same order that are not also listed in the purchase or shipping confirmation. In the case of an oral order, Freyhand GmbH can request a written copy of the contract and confirmation of the agreed conditions.

The contract text is stored by Freyhand GmbH, but is not freely available to you and cannot be accessed at any time. You can use the print function of your browser to print out the contract text. You can also save the contract text by saving it on your computer via the website. In addition, you will receive the essential information about the order from us in a separate email or an invoice with the delivery, which contains all the essential details of the order.

4) Prices, costs and payment

The purchase prices stated are final prices and are given in euros. They include the applicable sales tax and other price components. Additional delivery and shipping costs are stated separately. The prices at the time of the order apply.

Payment for the goods is made in advance via PayPal. Delivery will be initiated after receipt of payment. Freyhand GmbH reserves the right not to offer you certain payment methods in individual cases. The invoice amount must be paid in one sum. If the invoice amount is not received by Freyhand GmbH within the period specified in the email with the payment details in the case of advance payment, we are entitled to withdraw from the contract or, if you are in default of payment, to claim default interest. You will be in default at the latest if you do not pay within 30 days of the due date and receipt of an invoice or equivalent payment statement. Any further claim for damages remains unaffected.

5) Delivery, shipping

Delivery will be made to the delivery address you provided. Deliveries abroad incur higher costs. You will be responsible for any customs duties and taxes that may apply.

On our website you will find an overview of the costs incurred for the various shipping methods offered. Freyhand GmbH's shipping costs are also listed in the order. If necessary, you can choose between several shipping options.

This does not apply if the delivery takes place outside of Germany or if special shipping costs are expressly mentioned in the item description.

If shipping costs are incurred, these include the cost of shipping and the cost of packaging materials.

European and international deliveries are made via DHL and UPS. If an order results in special shipping costs, the customer will be informed of these increased costs. This applies in particular if the customer has special shipping requests.

Binding delivery deadlines must be expressly agreed. Delivery is subject to payment. Shipping is at our risk in accordance with the statutory provisions for the purchase of consumer goods. In the case of divisible orders, Freyhand GmbH is entitled to make partial deliveries.

6) Retention of title, right of retention, offsetting

Freyhand GmbH retains ownership of the goods until they have been paid for in full. You only have the right to offset if your counterclaims have been legally established by a court or are undisputed or have been recognized by Freyhand GmbH. You can only exercise a right of retention if the claims result from the same contractual relationship.

7) Warranty

In the event of a defect, you have the legal right to subsequent performance (remedy of the defect or subsequent delivery) at your discretion. If the legal requirements are met, you also have the right to a reduction in the purchase price or to withdraw from the contract. In addition, if the legal requirements are met, you have the right to compensation for damages or reimbursement of wasted expenditure. Subsequent performance can be refused if it is only possible at disproportionately high costs.

The warranty period begins when the goods are received by the customer and is two years for new items. For used items, the warranty period is reduced to one year.

No defect exists in the case of damage caused by improper or contractually-contravening measures taken by you during installation, operation, use and storage. The improperness is determined in particular by the information about the product provided by Freyhand GmbH in product descriptions, care instructions and other instructions for use to the customer. The same applies to wear and tear caused by the use of the product. Normal wear and tear is not a defect.

Irregularities in colour and structure are due to the naturalness of the leather and are a typical quality feature that only underlines the authenticity of the leather and does not represent a defect.

Due to different screen settings and lighting conditions, slight color deviations may occur between the originals and the images displayed on the website.

Irrespective of the preceding provisions for shortening the warranty period for used goods, the limitation period for claims for damages in the event of injury to life, body or health, which are based on an intentional or negligent breach of duty on our part or on an intentional or negligent breach of duty on the part of our legal representative or vicarious agents, remains unaffected. Furthermore, irrespective of the preceding provisions for shortening the warranty period for used goods, the limitation period for claims for damages in the event of other damages, which are based on an intentional or grossly negligent breach of duty on our part or on an intentional or grossly negligent breach of duty on the part of our legal representative or vicarious agents, remains unaffected. Section 8 applies in this respect.

8) Liability

Freyhand GmbH is only liable for damages that are based on intentional or grossly negligent breaches of duty. The above limitation of liability also applies to breaches of duty by the legal representatives or vicarious agents of Freyhand GmbH. Liability for damages under the Product Liability Act and for damages due to injury to life, body, health or essential contractual obligations (cardinal obligations) remains unaffected by this exclusion of liability. Cardinal obligations are those obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner regularly relies and may rely.

Freyhand GmbH would like to point out that the products are goods that may only be used for sporting purposes. However, even dummies can cause damage to others if used improperly. You are responsible for ensuring that no third parties are harmed by your use of the products, e.g. through actions that are not merely feigned or purely sporting. Freyhand GmbH is not liable for such damage to third parties.

9) Data protection

The personal data required for business transactions are collected, stored and used and processed by Freyhand GmbH as long as necessary. All personal data is of course treated confidentially. It is only passed on to third parties to the extent necessary for order, payment and delivery processing (e.g. to PayPal or the transport company). After the contract has been fully processed, the data is blocked for further use. After the tax and commercial law regulations have expired, this data is deleted unless you have expressly consented to further use. According to the Federal Data Protection Act, you have the right to free information about your stored personal data and, if applicable, the right to correct, block or delete this data. You can find more information in our privacy policy.

10) Final provisions

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The place of performance is also, as far as legally permissible, the headquarters of Freyhand GmbH. Should individual provisions of the contract or of these General Terms and Conditions be or become invalid or unenforceable, this shall not affect the validity of the contract and the General Terms and Conditions in the remainder.

As of: 25.06.2024