General Terms and Conditions 

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:

 https://www.clawgear.com

https://www.armamat.com

https://www.airsoftzone.com

https://www.invadergear.com 

https://www.outrider-tactical.com

https://www.1849hunting.com

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.