§ 1 Area of Validity/Subject of Contract

Our conditions apply to deliveries of movable property to consumers in accordance with the contract concluded between ourselves and the customer. Agreements, supplements, or verbal arrangements that differ from our conditions are only binding if we have confirmed them in writing.

§ 2 Offer/Conclusion of Contract/Bidding Documents

1. The customer’s order constitutes a binding offer that we can accept within two weeks by sending an order confirmation or by delivering the item. Previously extended offers of ours remain non-binding unless we have designated them explicitly or in writing as fixed offers.

2. If the customer orders the item electronically, the contract text and the conditions will be saved in reproducible form and sent to the customer by e-mail upon request. We will immediately confirm receipt of the order. This receipt confirmation does not constitute a binding acceptance of the order. It may be linked to the acceptance confirmation, however.

3. Descriptions of the delivery item, especially in regard to weight, size, materials, models and extent of the product line, are only estimated values with deviations customary within the industry. This also applies to the information in price lists, catalogues, pattern books and other brochures. We reserve the right to make modifications at any time.

4. Daggers and flick knives will only be delivered to persons over 18 years old.

§ 3 Prices and Payment Terms

1. Price modifications are permitted if there are more than four months between the conclusion of contract and the agreed delivery date. If salaries or material costs change after this and before the delivery, we have the right to modify the price according to the cost increases or cost decreases. The customer only has the right to withdraw if a price increase substantially exceeds the increase of general living costs between the time of order and delivery.

2. The prices in EUROs include the mandatory value-added tax, packaging and transportation extra.

3. Bills are due immediately upon receipt. The customer defaults 10 days at the latest after the due date. A payment is only considered complete when the requested sum has been credited to our bank account. In case of late payment, we have the right to request interest amounting to 5 percent above the base interest rate. This does not preclude assertion of additional damages caused by delay. It includes costs incurred by delay in acceptance or return debit notes.

4. As a rule, payments are credited against the oldest debt, regardless of any contrary conditions of the buyer. If costs have already been incurred by collection and/or interest, the payment is first credited against the costs, then the interest and, lastly, the principal sum. The buyer has the right to offset, withhold or reduce payments only if counterclaims have been legally asserted or are not in dispute.

5. The minimum order value is 25 EUR. For private customer’s orders of less than 80 EUR, the shipping costs for packaging, shipment and insurance are 3.95 EUR, as long as the order is placed through our shopping cart system (otherwise 4.95 EUR). For private customer’s orders starting from 80 EUR, we assume these costs. (This is only valid for deliveries within Germany. Additional costs may arise for deliveries abroad.) We deliver either for carriage forward (domestic carriage forward sum of 5 EUR plus postage of 2 EUR), credit card (Eurocard or Visa), bill, direct debit or prepayment. Time allowed for payment for delivery with invoice is 10 days. Delivery with invoice is subject to a credit assessment. For first orders or orders over 200 EUR, payment is only possible by carriage forward, credit card or prepayment. First orders with the ‘invoice’ payment option are automatically delivered carriage forward. Deliveries abroad only within the European Union, either by carriage forward (carriage forward fee 5 EUR, only for shipments to Austria), Euro-/Mastercard, Visacard or prepayment. Shipping to Italy and Switzerland is carried out carriage forward by our partners. This may incur higher shipping costs in certain circumstances.

§ 4 Delivery Conditions

1. If free delivery is not provided and there are no other agreements regarding delivery, we will select the means and route of transportation. The risk of accidental loss or accidental damage to the delivery item is only transferred to the customer at the time of receipt, even for contracts of sale involving the carriage of goods. If the customer is in default of acceptance, this is considered equivalent to receipt. Transportation damages must be reported immediately upon receipt and the specifics confirmed immediately in writing. Transportation damages and incorrect quantities must be determined immediately upon arrival of the shipment by shipping authorities and certified in the accompanying documents. Claims from the damages should be transferred to us upon request.

2. Adherence to delivery deadlines calls for prior fulfilment of contract duties by the customer. If assertion of the customer’s rights requires setting an appropriate extension of time, this period must amount to at least 2 weeks. If we state delivery deadlines and make them the basis for placing an order, such deadlines are extended in case of strike or force majeure for the period of the delay.

§ 5 Right of Withdrawal and Return Instructions for Distance Selling Contracts

1. Distance selling contracts If the contract with the customer was initiated or concluded by means of telecommunication, that is, methods of communications that can be employed without requiring the physical presence of a contracting party, especially letters, catalogues, telephone calls, faxes, e-mails, and radio, television and media services (distance selling contracts), the customer possesses the right of withdrawal described below.

2. Right of withdrawal: The customer has the right to withdraw the contractual statement within two weeks without stating reasons in written form (letter, e-mail, etc.) or by returning the item. The period begins with receipt of this instruction. The right of withdrawal can only be exercised by means of timely dispatch of the cancellation or return of the item or, if the item cannot be sent as a package, by request for return; the dispatch must be postmarked within the period stated. Return shipments should be sent to: Company Heinr. Böker Baumwerk GmbH, Schützenstraße 30, 42659 Solingen, Germany. The rights of return and withdrawal do not exist if the item was tailored to customer specifications or clearly customised to meet personal requirements or is not suited for return shipment due to its character. If the right of withdrawal is exercised, the costs of the return shipment will be carried by the customer for a purchase value of up to 40 EUR, unless the delivered item is not the ordered item. The same applies, regardless of the value of the item returned, if the customer has not yet made a payment. Otherwise, return shipment is free. The customer is asked to properly prepay the return shipment and to note that we refuse acceptance of shipments that are not prepaid. We cannot assume costs for courier dispatches or other irregular means of shipment that exceed the postal shipping and handling expenses.

3. Consequences of withdrawal: The customer must pay compensation for damage to an item caused by normal use. The customer may carefully and cautiously test the item. The customer must assume any loss in value caused by use beyond simple testing that results in the item not being suitable for sale as a new product.

§ 6 Warranty

1. The time of transfer of risk as per § 4 is definitive for the contractual condition of the item. We are not liable for quality defects caused by inappropriate or improper use, normal wear, or incorrect or negligent treatment, any more than for the consequences of improper modifications or modifications carried out without our approval, or repair work by the customer or third parties. We are also not liable for defects that reduce the value or serviceability of the item only insignificantly. An item garnering complaint must be returned to us immediately upon request; we will assume the transportation costs on the condition that the notification of defects is warranted. If the customer does not fulfil these obligations or carries out modifications to the item already complained about without our consent, any claims regarding defects in quality are void.

2. If defects exist, the customer has the choice of requesting supplementary performance through either rectification of defects or replacement. If the form of supplementary performance selected is only possible at disproportionate cost and the other form of supplementary performance has no significant disadvantages for the customer, we have the right to refuse the requested form of supplementary performance. If supplementary performance fails, the customer may request to withdraw from the contract because of a defect of title or quality. In such a case, however, no claim to compensation for damages due to defects exists. If the customer chooses compensation after a failed supplementary performance, the customer will retain the item if the customer finds this reasonable. The compensation is then limited to the difference between the purchase price and the value of the defective item. This does not apply if we deliberately concealed the defect or have offered a guarantee of the condition of the item. We do not waive the possible objection that the notification of defects was not on time or not correct due to negotiation about complaints.

3. The customer agrees to inform us immediately if third parties make a claim against the customer based on the Product Liability Act.

4. The limitation period for the right to claim damages for defects amounts to two years for the delivery of new items and one year for the delivery of used items. The period begins at the transfer of risk. This does apply in the case of claims for compensation due to defects. For claims for compensation due to defects, see § 9.

5. We do not issue guarantees in the legal sense. The manufacturer’s warranty applies to items distributed by us.

§ 7 Retention of Title

1. We reserve the right to the title to the object of purchase until complete payment of the purchase price.

2. If the customer violates an obligation, especially if payment is delayed, we have the right to delivery, withdrawal, or retraction after the unsuccessful expiration of a deadline set for the customer; the legal provisions regarding the dispensability of a deadline remain unaffected. The customer is obligated to deliver. We have the right to withdraw from the contract if a request for the initiation of insolvency proceedings for the customer’s assets is made.

3. The customer must immediately notify us and supply the documents necessary for intervention if a third party takes measures for compulsory enforcement; this also applies to interference of any kind. Independently of this, the customer must inform the third parties of the existing rights to the item from the beginning. If the customer is a company, it must assume the costs of intervention, if the third party is not in a position to reimburse them.

§ 8 Form of Statements Relevant statements or declarations that the customer must turn over to us or a third party must be in written form.

§ 9 Liability for Damages

1. Our liability for breaches of contractual obligations and for delict is limited to intent and gross negligence. This does not apply for injuries to the life, body and health of the customer, claims due to the breach of cardinal obligations, and compensation for damages caused by delay (§ 286 BGB). In this respect, we are liable for every degree of fault.

2. The aforementioned exemption from liability also applies to mildly negligent breaches of duty on the part of our vicarious agents.

3. To the extent that liability due to mild negligence for damages not based on injuries to the life, body and health of the customer is not excluded, such claims expire within one year, starting with the formation of the claim, or in the case of claims for compensation due to a defect, upon receipt of the item. 4. If our liability for damages is excluded or limited, this also applies to the personal liability for damages of our employees, representatives and vicarious agents.

§ 10 Place of Fulfilment, Agreement on Applicable Law, Court of Jurisdiction

1. Unless stated otherwise in the contract, the place of fulfilment and payment is Solingen.

2. The laws of the Federal Republic of Germany are valid for this contract. This does not apply if special consumer protection provisions in the customer’s home country are more convenient (Art. 29 EGBGB). Otherwise, the UN Convention on Contracts for the International Sale of Goods does not apply.

§ 11 Data Protection We have the right to save or process the data about the buyer relating to the business connection or received or created in connection with it, regardless of whether it originates from the buyer or from third parties in terms of the Data Protection Act.

§ 12 Severability Clause

If one or more clauses of these conditions become invalid, the validity of the remaining clauses will remain unaffected. In the case that an individual provision becomes void, the parties are obligated to replace it with a provision that comes as close as possible to the original with retrospective effect.

 

In addition, the following conditions for participation in Böker/Jim Wagner Reality-Based Personal Protection Seminars apply:

Preamble

The seminar is meant to prepare participants to be able to effectively protect themselves in an emergency, i.e. self-defence or first aid, or to effectively aid in the defence of another. In the context of the necessary practical exercises, it is not impossible that injuries may occur, as in cases of martial arts (e.g. boxing, etc.), due to the physical contact involved. This said, the following principles and agreements are required for participation:

1. The organiser will have an experienced trainer lead the seminar and provide suitable rooms for the training.

2. The participants agree to follow the training team’s instructions precisely.

3. Participants take part in the activities at their own risk. Neither the participants nor the training team and the organiser are liable for injuries incurred during the practical self-defence exercises. This exemption of liability does not exist for cases of intent or gross negligence.

4. The participant expressly states that he has not been previously convicted for any violent crimes against people or property and that he has no knowledge of any preliminary investigations directed against him by police or public prosecutors due to such criminal acts.

5. In the interests of all the participants, each participant must prove the existence of private personal liability insurance.

6. The participant expressly states that he will not misuse the study techniques and will only employ them within the framework of valid law (self-defence, first aid, etc.).

7. The participant will maintain the strictest confidentiality about the contents of the seminar. No photographing is allowed during the seminar.

8. The organiser or leader of the training team has the right to prohibit further participation after a prior warning if a participant does not observe the trainer’s instructions. In cases of serious or dangerous violations, a prohibition is possible, even without prior warning. In such cases, the participation fee will not be reimbursed.

9. The organiser has the right to debar a participant from further participation at the beginning or during the course of the seminar without stating reasons, after which the participation fee will be reimbursed. The excluded participant has no further claims.

 

In addition, the following conditions are valid for participation in the Böker workshops ‘Knife Sharpening’, ‘Leather Sheath Production’ and ‘Knife-Making Workshop’.

1. Participation in the activities is at one’s own risk. Neither the participants nor the organisers or supervisors are liable for damages. This exemption of liability does not exist for cases of intent or gross negligence. In the interests of all the participants and the organiser, each participant must prove the existence of private personal liability insurance. For the ‘Leather Sheath Production’ workshop and the ‘Knife-Making Workshop’, please bring: appropriate work clothing, protective gloves and goggles, as well as individual protective gear if necessary.

2. Due to the very limited number of participants, we recommend immediate registration. How to register: fill out registration form (see below), wait for confirmation/bill, transfer seminar fees. We will enrol you in the desired seminar upon receipt of payment. If you are not able to attend the seminar booked, inform us immediately, at the latest 14 days before the beginning of the seminar, and we will reimburse you for the payment. If the seminar booked is cancelled after this deadline, a cancellation fee of 50 percent of the payment made is charged. If you fail to appear on the date booked without prior notification, this seminar is still considered ‘attended’ and the costs are not reimbursed.