Terms of service

Table of Contents

1. Scope of Application
2. Formation of Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Terms
6. Retention of Title
7. Liability for Defects (Warranty)
8. Redemption of Promotional Vouchers
9. Redemption of Gift Vouchers
10. Applicable Law
11. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter "GTC") of DS Security KG (hereinafter "Seller") shall apply to all contracts concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller regarding the goods and/or services offered by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 These GTC shall apply accordingly to contracts for the provision of vouchers, unless otherwise expressly stipulated.

1.3 For the purposes of these GTC, a consumer is any person for whom the transaction does not form part of the operation of their business.

1.4 For the purposes of these GTC, an entrepreneur is any person for whom the transaction forms part of the operation of their business. Legal entities under public law are always considered entrepreneurs.

2) Formation of Contract

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller but serve as an invitation to the Customer to submit a binding offer.

2.2 The Customer may submit an offer via the online order form integrated into the Seller's online shop. After placing the selected goods and/or services into the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer in respect of the goods and/or services contained in the shopping cart by clicking the button that concludes the ordering process. The Customer may also submit the offer to the Seller by email or telephone.

2.3 The Seller may accept the Customer's offer within five days,

• by transmitting a written order confirmation or an order confirmation in text form (fax or email) to the Customer, in which case the receipt of the order confirmation by the Customer shall be decisive, or
• by delivering the ordered goods to the Customer, in which case the receipt of the goods by the Customer shall be decisive, or
• by requesting payment from the Customer after the Customer has placed their order.

If several of the above alternatives apply, the contract is concluded at the time when one of the above alternatives first occurs. The period for acceptance of the offer shall begin on the day after the Customer dispatches the offer and shall expire at the end of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.

2.4 When submitting an offer via the Seller's online order form, the contract text is stored by the Seller and sent to the Customer after submission of their order, together with these GTC, in text form (e.g. by email, fax, or letter). In addition, the contract text is archived on the Seller's website and can be accessed free of charge by the Customer via their password-protected customer account using the relevant login credentials, provided the Customer has created a customer account in the Seller's online shop prior to submitting their order.

2.5 Before placing a binding order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. The browser's zoom function may be an effective technical means to better identify input errors, as it enlarges the display on the screen. The Customer can correct their entries during the electronic ordering process using the standard keyboard and mouse functions until they click the button that concludes the ordering process.

2.6 The contract language is German.

2.7 Order processing generally takes place automatically by email. The Customer must ensure that the email address provided for order processing is correct, so that the emails sent by the Seller can be received at that address.

3) Right of Withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal is set out in the Seller's Withdrawal Policy.

3.3 The right of withdrawal does not apply to consumers who, at the time of conclusion of the contract, are not nationals of a Member State of the European Union and whose sole place of residence and delivery address are located outside the European Union at the time of conclusion of the contract.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices including statutory value-added tax. Any additional delivery and shipping costs will be stated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases that the Seller is not responsible for and that are to be borne by the Customer. These include, for example, costs for money transfers by financial institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also arise in connection with money transfers even if the delivery is not made to a country outside the European Union, but the Customer makes payment from a country outside the European Union.

4.3 The Customer has various payment options available, which are specified in the Seller's online shop at the beginning of the ordering process.

4.4 If advance payment is agreed, payment is due immediately upon conclusion of the contract.

4.5 If the payment method "Sofort" (instant bank transfer) is selected, payment shall be processed by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter "Klarna"). In order to pay the invoice amount via "Sofort", the Customer must have an online banking account enabled for participation in "Sofort", authenticate themselves accordingly during the payment process, and confirm the payment instruction. The payment transaction is then carried out immediately by Klarna and the Customer's bank account is debited. The Customer can find further information on the "Sofort" payment method at https://www.klarna.com/sofort/.

4.6 If a payment method offered via the payment service "Shopify Payments" is selected, payment shall be processed by Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland ("Shopify"). The individual payment methods offered via Shopify Payments are communicated to the Customer in the Seller's online shop. To process payments, Shopify may use additional payment services, for which special payment terms may apply and which the Customer may be separately informed about. Further information on "Shopify Payments" is available at https://www.shopify.com/legal/terms-payments/de.

4.7 If a payment method offered via the payment service "PayPal" is selected, payment shall be processed via PayPal, which may also use the services of third-party payment providers. If the Seller also offers payment methods through PayPal where the Seller advances payment to the Customer (e.g. purchase on account or instalment payment), the Seller assigns its payment claim to PayPal or to the payment service provider specifically named to the Customer and commissioned by PayPal. Prior to accepting the Seller's assignment declaration, PayPal or the payment service provider commissioned by PayPal shall carry out a credit check using the transmitted customer data. The Seller reserves the right to refuse the Customer the selected payment method in the event of a negative credit check result. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or in the agreed payment instalments. In this case, the Customer may only make payments to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the event of assignment of the claim, the Seller remains responsible for general customer enquiries, e.g. regarding the goods, delivery times, dispatch, returns, complaints, withdrawal declarations and returns, or credits.

4.8 If a payment method offered via the payment service "Klarna" is selected, payment shall be processed by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information and Klarna's conditions are available at:

https://www.dynamic-shooting.at/pages/versand-zahlung

4.9 If a payment method offered via the payment service "Ratepay" is selected (e.g. Ratepay invoice, Ratepay advance payment, Ratepay direct debit, Ratepay instalment payment), payment shall be processed by Ratepay GmbH, Ritterstr. 12-14, 10969 Berlin (hereinafter "Ratepay"), to which the Seller assigns its claim against the Customer. The specific Ratepay payment methods offered by the Seller are communicated to the Customer on the Seller's website. The Customer may only make payments to Ratepay with debt-discharging effect. However, the Seller remains responsible for general customer enquiries (e.g. regarding the goods, delivery times, dispatch, returns, complaints, withdrawal declarations and returns, or credits). The General Payment Terms of Ratepay apply and can be accessed at: https://www.ratepay.com/legal-payment-terms/

4.10 If the payment method "purchase on account" is selected, the purchase price is due after delivery of the goods and invoicing. In this case, the purchase price must be paid within 7 (seven) days of receipt of the invoice without deduction, unless otherwise agreed. The Seller reserves the right to offer the payment method "purchase on account" only up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In such case, the Seller will draw the Customer's attention to a corresponding payment restriction in the payment information in the online shop.

4.11 If the payment method "Direct Debit via Ratepay" is selected, payment shall be processed by Ratepay GmbH, Ritterstr. 12-14, 10969 Berlin (hereinafter "Ratepay"). The Customer grants Ratepay a SEPA direct debit mandate and instructs their financial institution to honour direct debits when due. The Customer must ensure that their current account has sufficient funds. If the current account does not have the required funds, the account-holding financial institution is under no obligation to honour the direct debit. Ratepay reserves the right to carry out a credit check. If the Customer is permitted to pay by direct debit, payment is processed via Ratepay, to which the Seller assigns its payment claim. The Customer may only make payments to Ratepay with debt-discharging effect. However, the Seller remains responsible for general customer enquiries (e.g. regarding the goods, delivery times, dispatch, returns, complaints, withdrawal declarations and returns, or credits). The General Payment Terms of Ratepay apply and can be accessed at: https://www.ratepay.com/legal-payment-terms/#ratepay-lastschrift

5) Delivery and Shipping Terms

5.1 Goods shall be delivered by dispatch to the delivery address specified by the Customer, unless otherwise agreed. The delivery address specified in the Seller's order processing shall be decisive when processing the transaction. By way of derogation, if the PayPal payment method is selected, the delivery address stored by the Customer with PayPal at the time of payment shall be decisive.

5.2 If the transport company returns the dispatched goods to the Seller because delivery to the Customer was not possible, the Customer shall bear the cost of the unsuccessful delivery. This does not apply if the Customer is not responsible for the circumstance that led to the impossibility of delivery or if the Customer was temporarily prevented from accepting the offered service, unless the Seller had announced the service to the Customer a reasonable time in advance. Furthermore, this does not apply with regard to the outbound shipping costs if the Customer effectively exercises their right of withdrawal. For the return shipping costs in the event of the effective exercise of the right of withdrawal by the Customer, the provision made in the Seller's Withdrawal Policy shall apply.

5.3 In the case of self-collection, the Seller will first inform the Customer by email that the goods ordered by the Customer are ready for collection. After receiving this email, the Customer can collect the goods from the Seller's premises by arrangement with the Seller. In this case, no shipping costs shall be charged.

5.4 Vouchers shall be provided to the Customer as follows:

• by download
• by email
• by post

6) Retention of Title

If the Seller provides advance performance, the Seller retains title to the delivered goods until full payment of the purchase price owed and all related costs and expenses.

7) Liability for Defects (Warranty)

Unless otherwise specified in the following provisions, the statutory provisions on liability for defects shall apply. The following derogations shall apply to contracts for the delivery of goods:

7.1 If the Customer is an entrepreneur,

• the Seller shall have the choice of the primary remedy for defects;
• the limitation period for defect claims in respect of new goods shall be one year from delivery;
• defect claims in respect of used goods are excluded;
• the limitation period shall not restart if a replacement delivery is made within the scope of liability for defects.

7.2 The above limitations of liability and reductions of time limits shall not apply

• to claims for damages and reimbursement of expenses by the Customer,
• in cases where the Seller has fraudulently concealed the defect,
• to goods that have been used in accordance with their customary purpose for a building and have caused its defectiveness,
• to any existing obligation of the Seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.

7.3 Furthermore, in the case of entrepreneurs, the statutory limitation periods for any existing statutory right of recourse shall remain unaffected.

7.4 If the contract constitutes a commercial transaction for both parties within the meaning of § 343 para. 2 of the Austrian Commercial Code (UGB), the Customer is subject to the commercial duty of inspection and notification of defects pursuant to § 377 UGB. If the Customer fails to fulfil the notification obligations set out therein, the goods shall be deemed approved.

7.5 If the Customer is a consumer, they are requested to report any obvious transport damage to the carrier upon delivery and to inform the Seller accordingly. Failure to do so shall not affect the Customer's statutory or contractual defect claims in any way.

8) Redemption of Promotional Vouchers

8.1 Vouchers issued free of charge by the Seller as part of promotional activities with a specific validity period and which cannot be purchased by the Customer (hereinafter "Promotional Vouchers") can only be redeemed in the Seller's online shop and only during the specified promotional period.

8.2 Individual products may be excluded from the voucher promotion, provided that a corresponding restriction is apparent from the content of the Promotional Voucher.

8.3 Promotional Vouchers can only be redeemed before the ordering process is completed. Subsequent offsetting is not possible.

8.4 Only one Promotional Voucher may be redeemed per order.

8.5 If the Promotional Voucher refers to a specific monetary value rather than a percentage discount, the value of the goods must be at least equal to the amount of the Promotional Voucher. Any remaining balance will not be refunded by the Seller.

8.6 If the value of the Promotional Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be selected to pay the difference.

8.7 The balance of a Promotional Voucher shall not be paid out in cash, nor shall it accrue interest.

8.8 The Promotional Voucher shall not be refunded if the Customer returns goods paid for in whole or in part with the Promotional Voucher within the scope of their statutory right of withdrawal.

8.9 The Promotional Voucher is intended solely for use by the person named on it. A transfer of the Promotional Voucher to third parties is excluded. The Seller is entitled, but not obliged, to verify the material entitlement of the respective voucher holder.

9) Redemption of Gift Vouchers

9.1 Gift Vouchers can only be redeemed before the ordering process is completed. Subsequent offsetting is not possible.

9.2 Gift Vouchers can only be used for the purchase of goods and not for the purchase of further Gift Vouchers.

9.3 If the value of the Gift Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be selected to pay the difference.

9.4 The balance of a Gift Voucher shall not be paid out in cash, nor shall it accrue interest.

9.5 The Gift Voucher is transferable. The Seller may make payment with debt-discharging effect to the respective holder who redeems the Gift Voucher in the Seller's online shop. This does not apply if the Seller has knowledge of, or is grossly negligent in failing to be aware of, the lack of entitlement, legal incapacity, or lack of authorisation of the respective holder.

9.6 If the Customer returns goods paid for in whole or in part with a Gift Voucher within the scope of their statutory right of withdrawal, the balance shall be refunded in the form of a Gift Voucher. If a Gift Voucher purchased for value is returned unused within the scope of the statutory right of withdrawal, the Customer shall be refunded the purchase price paid for the Gift Voucher.

10) Applicable Law

10.1 All legal relationships between the parties shall be governed by the law of the Republic of Austria, to the exclusion of the laws governing the international sale of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence is not thereby removed.

10.2 Furthermore, this choice of law shall not apply with regard to the statutory right of withdrawal to consumers who, at the time of conclusion of the contract, are not nationals of a Member State of the European Union and whose sole place of residence and delivery address are located outside the European Union at the time of conclusion of the contract.

11) Alternative Dispute Resolution

The Seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.