0
Your Cart

Terms and Conditions

General Terms and Conditions (including information for customers)

  1. General
  2. Validity and severability clause
  3. Conclusion of contract
  4. Withdrawal from contract, cancellation, termination of contract
  5. Retention of title
  6. Prices and payment
  7. Due date and delay
  8. Shipping and costs
  9. Warranty and liability
  10. Weapons law regulations
  11. Data protection
  12. Law, place of performance and jurisdiction

1. General

UNLIMITED DYNAMICS GmbH
Liebermannstraße A01 116
2345 Brunn am Gebirge
[email protected]
+43 660 1911006

Company register: FN 576884 i
Ust-IdNr: ATU77932604

has the business license for the regulated gun trade (gunsmith) including the gun trade.

Our customer service for questions, complaints and claims is available during our regular opening hours by phone at +43 660 1911006, as well as by email at [email protected].

2. Validity and severability clause

UNLIMITED DYNAMICS GmbH, Liebermannstraße A01 116, 2345 Brunn am Gebirge, provides services exclusively on the basis of the following General Terms and Conditions (GTC for short).
The versions valid at the time of the conclusion of the contract shall be authoritative. Deviations from these terms and conditions, as well as other supplementary agreements with the Client, shall only be effective if they have been made in writing and confirmed in writing by UNLIMITED DYNAMICS GmbH.

Amendments to the GTC shall be notified to the customer and shall be deemed to have been agreed if the customer does not object to the amended GTC in writing within 14 days; the customer shall be expressly informed of the significance of such non-disclosure in the notification.

Mandatory legal regulations, in particular those of the weapons law and the consumer protection, remain unaffected.

Should individual parts of these General Terms and Conditions be or become invalid, this shall not affect the binding nature of the remaining provisions and the contracts concluded on the basis thereof. The invalid provision shall be replaced by a valid provision that comes as close as possible to the meaning and purpose of the invalid provision.

3. Conclusion of Contract

Unless otherwise agreed, the contract between the customer and UNLIMITED DYNAMICS GmbH shall be concluded by the customer’s order and acceptance by UNLIMITED DYNAMICS GmbH. The customer’s order can be placed in writing or electronically via our webshop.

4. Cancellation, revocation and termination of the contract

If UNLIMITED DYNAMICS GmbH subsequently realizes that an error has crept in, e.g. in the information on a product, on a price, or on a deliverability, the customer shall be informed of this immediately. The customer can then reconfirm his order under the amended conditions. Otherwise, UNLIMITED DYNAMICS GmbH shall be entitled to withdraw from the contract.

In the case of an electronic (web store) order or order placement, the customer shall have the right to revoke the contract within fourteen days (from order placement) without stating any reasons.
In order to exercise the right of revocation, the Client must inform UNLIMITED DYNAMICS GmbH, Liebermannstraße A01 116, 2345 Brunn am Gebirge, [email protected], +43 660 1911006 of the decision to revoke the contract by means of a clear written statement (letter or e-mail).

If the contract has been revoked, UNLIMITED DYNAMICS GmbH shall return all payments received to the client, excluding delivery costs, without delay and at the latest within fourteen days from the day on which UNLIMITED DYNAMICS GmbH received notification of the revocation of this contract. If the goods have already been received by the customer, the receipt of the goods by UNLIMITED DYNAMICS GmbH shall be deemed the relevant start of the deadline for repayment. The goods must be returned carriage paid. UNLIMITED DYNAMICS GmbH will not accept returns that are not sent free of charge. For the repayment, UNLIMITED DYNAMICS GmbH shall use the same means of payment that was used in the original transaction, unless expressly agreed otherwise with the customer.

UNLIMITED DYNAMICS GmbH shall be entitled to terminate the contract with immediate effect for good cause. In particular, good cause shall be deemed to exist if the performance of the service becomes impossible for reasons for which the client is responsible, or is further delayed despite the setting of a grace period of 14 days, or if the client continues, despite a written warning with a grace period of 14 days, to violate material obligations under this contract, such as payment of a due amount or obligations to cooperate, or if there are justified concerns regarding the creditworthiness of the customer and the customer fails to make advance payments at the request of UNLIMITED DYNAMICS GmbH or to provide suitable security prior to performance by UNLIMITED DYNAMICS GmbH.

The client is entitled to dissolve the contract for important reasons without granting a grace period. In particular, good cause shall be deemed to exist if UNLIMITED DYNAMICS GmbH continues to violate material provisions of this contract despite a written warning with a reasonable grace period of at least 14 days to remedy the violation.

The provisions regarding revocation, rescission and termination for cause are expressly excluded in the case of a custom-made product. Since the goods are custom-made at the request of the customer, all costs incurred by UNLIMITED DYNAMICS GmbH must be reimbursed even in the event of a justified withdrawal.
The client expressly agrees that UNLIMITED DYNAMICS GmbH has no influence on delivery deadlines in the case of custom-made products. The delivery date shall be announced to UNLIMITED DYNAMICS GmbH even by its supplier only imprecisely. The delivery date as well as the sales price of a custom-made product depends on various factors over which UNLIMITED DYNAMICS GmbH itself has no influence. Fees, customs duties, regulations of the German Ordnance Surveyor’s Office, exchange rate fluctuations, customs duties and the like.

In the case of a valid order for a custom-made product, the customer agrees to a price variation of 10% between the sales price announced at the time of the conclusion of the contract and the price of the product manufactured and marketed at the customer’s request.

5. Retention of title

The goods shall remain the property of UNLIMITED DYNAMICS GmbH until the purchase price and all related costs and expenses have been paid in full. In case of even partial default of payment, UNLIMITED DYNAMICS GmbH shall be entitled to collect the goods even without the consent of the purchaser.

6. Prices and Payment

Unless otherwise agreed, UNLIMITED DYNAMICS GmbH’s claim to payment shall arise for each individual service as soon as it has been rendered. UNLIMITED DYNAMICS GmbH shall be entitled to demand down payments on the purchase price or the service fee (both referred to as the “Price”) to cover its expenses.
The Price shall be understood to be the gross price including value-added tax at the statutory rate.
All services provided by UNLIMITED DYNAMICS GmbH that are not expressly covered by the agreed price, such as cash expenses, shall be remunerated separately.

Cost estimates of UNLIMITED DYNAMICS GmbH are non-binding. If it is foreseeable that the actual costs will exceed those estimated in writing by UNLIMITED DYNAMICS GmbH by more than 10%, UNLIMITED DYNAMICS GmbH shall inform the Client of the higher costs. The cost overrun shall be deemed to have been approved by the Client if the Client does not object in writing within three working days of such notification and at the same time discloses less expensive alternatives. If the cost overrun is up to 10%, a separate notification is not required. This cost estimate overrun shall be approved by the customer from the outset.

The price is due for payment immediately upon receipt of the invoice and without deduction, unless special payment terms are agreed in writing in individual cases. This shall also apply to the charging on of all cash outlays and other expenses. The goods delivered by UNLIMITED DYNAMICS GmbH shall remain the property of UNLIMITED DYNAMICS GmbH until full payment of the remuneration, including all ancillary liabilities.

Only credit cards (stating the credit card number, its validity period and the name of the credit card institution), cash payments and immediate bank transfers are accepted as methods of payment.

The dispatch of the commodity takes place exclusively only after receipt of payment.

In case of price changes, errors and misprints UNLIMITED DYNAMICS GmbH reserves the right to withdraw from the purchase contract.

7. Due date and default

In the event of the Client’s default in payment, UNLIMITED DYNAMICS GmbH may declare all services and partial services rendered under other contracts concluded with the Client immediately due and payable.

Likewise, UNLIMITED DYNAMICS GmbH shall not be obligated to provide further services until the outstanding amount has been settled (right of retention). The obligation to pay fees shall remain unaffected.
If payment in installments has been agreed upon, UNLIMITED DYNAMICS GmbH reserves the right to demand immediate payment of the entire outstanding debt in the event that partial amounts or ancillary claims are not paid on time (loss of date).

The customer shall not be entitled to set off its own claims against claims of UNLIMITED DYNAMICS GmbH, unless the customer’s claim has been acknowledged by UNLIMITED DYNAMICS GmbH in writing or has been established by a court of law.

UNLIMITED DYNAMICS GmbH is entitled to have open claims collected by collection agencies/lawyers or to assign the claims to these persons for this purpose.

Under the conditions of Section 1333 (2) of the Austrian Civil Code (ABGB), the customer shall owe UNLIMITED DYNAMICS GmbH the necessary and appropriate collection costs incurred for the collection of due claims, in particular reminder fees and collection expenses.

Unless expressly agreed as binding, stated delivery or service deadlines are only approximate and non-binding. Binding deadlines shall require written confirmation by UNLIMITED DYNAMICS GmbH in order to be valid.
If UNLIMITED DYNAMICS GmbH’s delivery/service is delayed for reasons beyond UNLIMITED DYNAMICS GmbH’s control, such as force majeure events and other unforeseeable events that cannot be averted by reasonable means, the performance obligations shall be suspended for the duration and to the extent of the impediment, and the deadlines shall be extended accordingly. If such delays last more than two months, the customer and UNLIMITED DYNAMICS GmbH shall be entitled to withdraw from the contract.

If UNLIMITED DYNAMICS GmbH is in default, the Customer may withdraw from the contract only after having granted UNLIMITED DYNAMICS GmbH a reasonable grace period of at least 14 days in writing, and such grace period has expired to no avail. Claims for damages by the customer due to non-fulfillment or delay are excluded, except in the case of proof of intent or gross negligence. This does not apply to custom-made products.

8. Shipping and costs

The risk shall pass to the customer as soon as the goods have been handed over to him or, in the case of shipment, when UNLIMITED DYNAMICS GmbH has handed over the goods to the carrier of its choice (Post AG ).

Thus, the order shall generally arrive at an Austrian delivery location 2-3 days after it has been handed over to the carrier. The shipping costs will be disclosed to the customer after the conclusion of the contract.

9. Warranty and liability

The customer shall notify UNLIMITED DYNAMICS GmbH of any defects in writing without delay, in any case within five days of delivery/service by UNLIMITED DYNAMICS GmbH, and of hidden defects within five days of their discovery, describing the defect; otherwise, the goods shall be deemed accepted or the service approved. In this case, the assertion of warranty claims and claims for damages as well as the right to contest errors due to defects is excluded.

In the event of a justified and timely notice of defects, the customer shall have the right to have the delivery/service improved or replaced by UNLIMITED DYNAMICS GmbH, which shall remedy the defects within a reasonable period of time, whereby the customer shall enable UNLIMITED DYNAMICS GmbH to take all measures necessary to investigate and remedy the defects. UNLIMITED DYNAMICS GmbH shall be entitled to refuse to improve the performance if such improvement is impossible or involves a disproportionately high effort for UNLIMITED DYNAMICS GmbH. In this case, the customer shall be entitled to the statutory rights of conversion or reduction. In the case of improvement, the client shall be responsible for the transfer of the defective goods at his own expense.

The warranty period is 2 years from delivery/service. The customer is not entitled to withhold payments due to defects.

In cases of slight negligence, liability on the part of UNLIMITED DYNAMICS GmbH and its employees, contractors or other vicarious agents for property damage or financial loss on the part of the customer shall be excluded, regardless of whether the damage is direct or indirect, loss of profit or consequential damage, damage due to delay, impossibility, positive breach of contract, culpa in contrahendo, or defective or incomplete performance. The injured party must prove the existence of gross negligence.

Any liability of UNLIMITED DYNAMICS GmbH for claims asserted against the client on the basis of the service provided by UNLIMITED DYNAMICS GmbH shall be expressly excluded if UNLIMITED DYNAMICS GmbH has complied with its obligation to provide information or if such obligation was not apparent, whereby slight negligence shall not be prejudicial.

Claims for damages by the customer shall expire six months after knowledge of the damage, but in any case three years after the infringing act by UNLIMITED DYNAMICS GmbH. Claims for damages shall be limited in amount to the net order value.

10. Weapons regulations

The acquisition of firearms is subject to the Austrian Weapons Act and/or the Trade Regulation Act (Gewerbeordnung) as amended from time to time. According to the Trade Regulation Act, the mail order trade of weapons and ammunition to the end customer is not permitted.

The customer is responsible for informing and complying with the legal regulations from the time of collection from the business premises of UNLIMITED DYNAMICS GmbH.

11. Data protection

UNLIMITED DYNAMICS GmbH is entitled to collect, process, store and use the data disclosed by the client for accounting purposes as well as for marketing purposes (Newsletter).

This data shall be used by UNLIMITED DYNAMICS GmbH for the fulfillment of legal requirements (e.g. Central Weapons Register), for the processing of payment transactions and for advertising purposes (newsletter). The client expressly consents to the transfer of data from UNLIMITED DYNAMICS GmbH, which may use it for the purposes listed above. The Client hereby further expressly consents to the sending of advertising material by UNLIMITED DYNAMICS GmbH. This consent may be revoked at any time in writing by e-mail.

Damages resulting from incorrect information regarding name, address, telephone number, fax number, or e-mail address, as well as from failure to disclose subsequent changes, shall be borne by the customer or shall be reimbursed to UNLIMITED DYNAMICS GmbH. Deliveries to the last known address shall be deemed to have been effectively made even if the customer is not or is no longer present at this address and the new address has not been communicated by the customer.

12. Law, place of performance and jurisdiction

The contractual relationship, including any disputes regarding its conclusion, shall be governed by Austrian law.

The place of performance and exclusive place of jurisdiction shall be Vienna, provided that no other value jurisdiction results from §51 JN. According to § 14 KSchG (Consumer Protection Act), the place of jurisdiction for actions against consumers is their domicile, habitual residence or place of employment, provided this is in Austria.