The present general terms and conditions contain the general terms and conditions exclusively valid between you and us, Detlev Niemann, Militärische Antiquitäten, Fachgeschäft für Orden und militärhistorische Antiquitäten [Military Antiques, Specialist Shop for Medals and Decorations], Ballindamm 9, D-20095 Hamburg, Germany, unless these terms and conditions are changed through written agreements between the parties.

 

 

(1) You have the opportunity to choose and order articles on our website. Telephone orders are also possible.

(2) Every product has an individual product description on the corresponding web site.

(3) You can click the desired articles on our website. The clicked articles are collected in a virtual shopping basket and you obtain a list of all articles including the total price (including VAT - as far as the VAT is not in use in accordance with § 6 paragraph 2) at the end of your purchase.

(4) Before the delivery of the order, we offer you the possibillity to review your order on its accurate content, especially on price and quantity, and to correct it, if necessary.

 

 

Our data protection information is valid as regards the data protection.

 

 

The presentation of our goods is a non-binding offer of our part. Only the order of an article by you is a binding offer according to § 145 German Civil Code (BGB). In case of your acceptance we send you an order confirmation by e-mail.

 

 

(1) We point out that ordered and delivered contemporary and military-historical articles, especially those from National Socialism, are delivered only for purposes concerning the civic information, the defence of unconstitutional and anticonstitutional activities, the scientific and art historical research, the information and reporting on the events of current affairs or the military-historical and uniform research and that this complies with §§ 86, 86a German Penal Code (StGB) as well as with the valid law.

(2) With his order the purchaser binds himself legally to purchase these objects for historical-scientific purposes for the reasons mentioned in paragraph 1 only and not to use them in any propagandistic way in accordance with §§ 86, 86a German Penal Code (StGB) or in any other criminal or anticonstitutional way. Orders are accepted under these conditions only.

(3) Cutting, stabbing and thrust weapens are only deliverd to persons who have attained the age of 18.

 

 

(1) The purchase price falls immediately due with the conclusion of the contract. The payment of the goods is usually done by cash on delivery, credit card payment or cash in advance. Familiar clients can pay on account. Specialist literature is dispatched exclusively by cash on delivery.

(2) All prices are retail prices. Articles without indicated turnover tax are subject to the differential charge according to § 25a German Turnover Tax Law (UStG). Further more, deliveries to third countries are tax-free export deliveries according to § 4 no. 1a German Turnover Tax Law (UStG). Prices of articles which are not subject to the differential charge are indicated with the legal value-added tax.

(3) Payment is due within 14 days on receipt of the goods. Instalment payments are possible after consultation with and a written confirmation from us.

(4) In case of a delay of payment of your part you are obliged to pay default interest of 5 % above the base rate, if you are a consumer according to § 13 German Civil Code (BGB). If you are a trader according to § 14 German Civil Code (BGB), § 6 par. 3 p. 1 is valid according to which the default interest is at 8 % above the base rate.

(5) Regardless of § 6 par. 3 we reserve the right to prove a higher damage caused by delay as well as other damages.

 

 

We reserve title to the goods delivered pending payment in full.

 

 

(1) The delivery is carried out in order of the inflow of orders. We deliver the goods according to the agreements concluded with you. Accruing postage rates and shipping charges are indicated in the catalogue as well as during the order procedure. They are indicated seperately on the invoice. This concerns possibly due costs of insurance, too. We point out that an export shipment can entail higher shipping charges, duties and fees or something similar. Dates of delivery and terms for delivery are only binding, if we have confirmed them in writing.

(2) We reserve the right of part deliveries in individual cases.

 

 

(1) As a consumer (§ 13 German Civil Code (BGB)) you have the possibility to cancel your order within 14 days on receipt of the goods without indicating any reason. This cancellation is to be done in writing, in text form or by returning the goods to us.

(2) This right of revocation shall not apply for contracts related to the delivery of goods which were manufactured according to your specifications or which were obviously customised to your personal needs or which cannot be returned because of their nature.

(3) The effective exercise of your right of revocation obliges you to return the goods, if the goods can be sent in a parcel. The return is at our risk and at our expense, unless the order is below an amount of 40,00 euros. In this case you have to carry the return charges. In case of a return, please send the goods to: Detlev Niemann, Militärische Antiquitäten, Fachgeschäft für Orden und militärhistorische Antiquitäten [Military Antiques, Specialist Shop for Medals and Decorations], Ballindamm 9, D-20095 Hamburg, Germany.

(4) As soon as we will have received the returned goods, we will immediately grant you the credit via bank transfer or cheque.

(5) In case of a cancellation of the contract you are obliged to pay a compensation for a depreciation due to the use of the article as provided. You have the opportunity to avoid this by checking the article on its use and capability only. Inasmuch no other agreements are made, you are liable for any depreciation or the loss of the article.

 

 

(1) Particulars, drawings, illustrations, technical data, weight, measurements and performance descriptions which are included in brochures, catalogues, circulars, advertisements or price lists are of an informative character. We accept no responsibility for the correctness of this data. Concerning the nature and scale of the delivery, the data contained in the order and confirmation of the order is valid only.

(2) All offered articles are faultless contemporary originals, unless they are explicitly described as being manufactured for collectors. All listed articles are in a good state worthy of collection, if not described elsewise. The descriptions are done to the best of our knowledge and belief.

(3) As far as there is a defect covered by warranty, you are, in the context of the legal provisions, entitled to have the defect repaired, to withdraw from the contract or to reduce the purchase price .

(4) The limitation period of warranty claims of used articles is at one year on receipt of the goods.

(5) By handing over the good to the German Post, another shipper, a carrier or another person or institution commissioned to dispatch the goods, the risk passes to you as the purchaser.

 

 

(1) We are liable for damages due to intention or gross negligence only, with the exception of the injury of life, body and health and the violation of essential contractual obligations (cardinal obligations). This applies also for indirect consequential damages, especially such as lost profit.

(2) The liability is limited to typically foreseeable damages at the time of the conclusion of the contract, but only up to the amount of average damages which are typical to a contract, with the exception of intention or gross negligence or damages due to the injury of life, body and health and the violation of essential contractual obligations (cardinal obligations). This applies also for indirect consequential damages, especially such as lost profit.

(3) The limitation of liability of paragraphs 1 and 2 shall also apply for our employees and agents.

(4) Liability claims according to the Product Liability Law remain unaffected.

 

 

(1) As a special service, we offer you an authenticity warranty in form of an expertise. The fee for our expertise is at 25,00 euros.

(2) We provide a cost-free expertise for German medals and decorations bought from us for a purchase price of 250,00 euros. If you purchase from us a German medal or a decoration for less than 250,00 euros, we provide you with an expertise at the price of 10,00 euros, if requested.

(3) A cost-free expertise beyond the possibility laid down in § 12 par. 1 and 2 is possible upon request only and with a written confirmation of our part.

(4) The prices mentioned in § 12 par. 1 and 2 are including the legal value-added tax. Beyond these fees, we invoice also the shipping charges and postage rates due to the dispatch of the expertise.

 

 

(1) In case we cannot provide the due service because of force majeure (especially war, natural catastrophies), we are exempt of our obligation to perform for the period of the estoppel.

(2) If we cannot provide the service for more than one month because of force majeure, you have the right to withdraw from the contract.

 

 

(1) Modifications or amendments of these General Terms and Conditions are to be made in writing. This formal requirement can only be waived in writing.

(2) German legislation applies, excluding the UN sales law. Imperative requirements of the state where the user has his usual residence remain unaffected.

(3) Inasmuch you are a trader or have no place of general jurisdiction within the country or transfer your residence abroad after the conclusion of the contract or the residence is unknown at the time of the institution of legal proceedings, the place of jurisdiction for the disputes resulting from this contract shall be the company's business seat in Hamburg, Germany.

(4) In the case of an invalidity of individual clauses of these terms or a contradiction of legal requirements, the validity of these terms as a whole shall not be affected. The contracting parties shall replace the invalid clause by mutual agreement by a clause which approaches as nearly as possible the economic intention and purpose of the invalid clause in a legally effective way. The present regulation shall equally apply for gaps in the provisions of this contract.

 

 

 

 

Dear customer,

The following customer information site fulfills our legal duties to inform and to notify. We here inform you about all matters concerning the conclusion of the contract through your order and its processing.

The customer information does not represent any contractual conditions. These can be found in the General Terms and Conditions. You obtain all customer information with the delivery of the goods by means of a delivery note.

1. Information about the supplier

 

These internet sites are an offer from:

Detlev Niemann, Militärische Antiquitäten,
Ballindamm 9,
D-20095 Hamburg
Germany

Telephone: +49 (0) 40-32 52 53 54
Telefax: +49 (0) 40-32 52 54 54
Email: info@detlev-niemann.de

Complaints can be made here, too.

Turnover tax identification number: DE 118910561

 

 

As a consumer (§ 13 German Civil Code (BGB)), you have the right to cancel the contract within two weeks in text form (e.g. letter, fax, email) without indicating any reason or by returning the goods. The term begins upon the reception of the goods, but not before the reception of this notification. To observe the time limit, it is sufficient to send the letter of revocation in due time or to return the goods in due time. The revocation is to be sent to the above mentioned address, email or fax.

This right of revocation is not valid for contracts related to the delivery of goods which were manufactured according to your specifications or which were obviously customised to your personal needs or which cannot be returned because of their nature.

 

In case of a valid revocation the received reciprocal services are to be returned and drawn profits (e.g. lost interest), if applicable, are to be surrendered. If you cannot return the received service in whole or in part or if you can return it in a deteriorated state only, you are insofar obliged to pay a compensation. This is not applicable, if the deterioration is exclusively due to an examination of the object, as it would be possible in a shop for example. Furthermore, you can avoid the compensation by using the object not like the owner and avoiding everything that reduces the object's value. You have to carry the costs of the return, if the delivered goods comply with the ordered goods and if the price of the returned goods is below the amount of 40,00 euros or, in case of a higher price of the goods, if you have not reciprocated or payed a partial payment agreed by contract at the time of the revocation. Otherwise, the return is cost-free for you. Goods which cannot be sent in a parcel will be picked up.

 

3. Information about guarantee and warranties

 

Beyond the legal warranty terms, no warranties for the delivered goods or services are provided.

Further details concerning the guarantee can be found in § 10 of our General Terms and Conditions.

 

4. Information about individual contractual provisions

 

a) General Terms and Conditions

Our General Terms and Conditions in the respectively valid version apply.

b) Features of the goods and services, prices are described in direct context with the offered product. Partly, you can choose.

c) Payment and performance

Usually, the delivery is carried out only by cash in advance, credit card payment or cash on delivery within Germany.

d) Technical steps to the conclusion of the contract/error correction

 

The contract between you and us is concluded in the following way:

 

1. You can choose from the offer and put goods into the shopping basket via a link "into basket". If you want to order the chosen goods with an authenticity warranty (expertise), you use the link "basket with expertise".

2. You can modify the content of the basket or empty it completely, if you click the menu button "basket" in the menu bar. The modifications can be done with the help of the mouse.

3. By clicking the button "Order" you are forwarded to a site where you can place your order by entering your name, the delivery address, telephone number, email address and the method of payment.

4. You have once again the possibility to modify the delivery data as well as the method of payment. You have to click back on the button "Basket". At the bottom of the site "Order", you find a button that leads you to the customer information. At the bottom of that site, you find once again a button "Order". Clicking this button places a binding order for the articles in your basket

with Detlev Niemann, Militärische Antiquitäten [Military Antiques]. At the same time, you accept our General Terms and Conditions, which you can once again consult at this point.

5. The entry of the order is indicated to you immediately on a website after having sent the order. The contract is concluded after we will have accepted the order and sent you a confirmation via email. If you click the button "Reset" instead of the button "Order", no contract will be concluded.