General Terms and Conditions (GTC)

der Firma GGA P. Länger e.U.

Inh. Peter Länger, BA.

Firmenbuch-Nr.: FN 489819y

Sackgasse 5, A-2244 Spannberg

Tel.: +43 / 2538 / 85718

info@gungarage-austria.at

1.Authorization, Fields of Activity

GGA P. Länger e.U. (hereinafter referred to as "GGA") holds the commercial authorization for the trade of civilian weapons and civilian ammunition, for the trade of military weapons and military ammunition, and takes on orders for sales by auction or commission according to specific business conditions. Additionally, GGA offers firearms law training ("weapons license") and the storage of firearms, as well as other services in the firearms industry (export and transport). For certain fields of business, there are also specific business or contract conditions or usage regulations that apply when entering into a corresponding contract alongside these general terms and conditions.

2.Applicability, Contract Conclusion

2.1 GGA provides its services solely based on the following General Terms and Conditions (GTC) and any other specific business or contract conditions or usage regulations. These apply to all legal relationships between GGA and the customer, even if they are not explicitly referenced.

2.2 The versions valid at the time of contract conclusion are decisive. Deviations from these, as well as other supplementary agreements with the customer, are only effective if confirmed in writing by GGA.

2.3 Any business conditions of the customer will not be accepted, even if known, unless explicitly and in writing agreed upon in individual cases. GGA expressly opposes the customer's GTC. No further objection against the customer's GTC by GGA is necessary.

2.4 Changes to the GTC will not be separately communicated to the customer and are deemed agreed upon if published on our website, provided the customer does not object to the amended GTC in writing within 14 days.

2.5 Mandatory statutory regulations, particularly those of firearms law and consumer protection, remain unaffected.

2.6 Should individual provisions of these General Terms and Conditions be ineffective, this does not affect the validity of the remaining provisions and the contracts concluded based on them. The ineffective provision shall be replaced by a valid one that comes closest to the intended purpose.

2.7 GGA's offers are non-binding and subject to change.

3. Third-Party Services / Engagement of Third Parties

3.1 GGA is entitled to execute the service itself at its discretion, to use knowledgeable third parties as assistants in the provision of contractual services, and/or to substitute such services ("third-party service").

3.2 The engagement of third parties within the framework of a third-party service occurs either in GGA's name or in the name of the customer. GGA will select these third parties carefully and ensure they possess the necessary professional qualifications.

3.3 To the extent that GGA commissions necessary or agreed third-party services, the respective contractors are not considered assistants of GGA.

3.4 The customer is obliged to take over obligations to third parties that extend beyond the contract term. This applies explicitly also in the event of termination of the contract with GGA for good cause.

4.Deadlines

4.1 Specified delivery or performance deadlines are only approximate and non-binding unless expressly agreed as binding. Binding deadlines must be recorded in writing or confirmed by GGA in writing.

4.2 If the delivery/performance by GGA is delayed due to reasons for which it is not responsible, such as force majeure events and other unforeseeable events that cannot be averted by reasonable means, the performance obligations are suspended for the duration and to the extent of the impediment, and the deadlines are extended accordingly. If such delays last more than four months, both the customer and GGA are entitled to withdraw from the contract.

4.3 If GGA is in default, the customer can only withdraw from the contract after setting GGA a reasonable grace period of at least 30 days in writing, which has passed without success. Claims for damages from the customer due to non-fulfillment or delay are excluded, except in cases of intent or gross negligence.

5.Early Termination of Contract

5.1 GGA is entitled to terminate the contract for good cause with immediate effect. Good cause exists, in particular, if:

a) the execution of the service becomes impossible for reasons attributable to the customer or is further delayed despite the setting of a grace period of 14 days;

b) the customer continues to violate significant obligations under this contract, such as payment of an overdue amount or obligations to cooperate, despite a written warning with a grace period of 14 days.

c) there are justified concerns regarding the customer's creditworthiness, and the customer does not make advance payments or provide suitable security upon GGA's request;

5.2 The customer is entitled to terminate the contract for good cause without setting a grace period. A good cause exists, in particular, if GGA continuously violates significant provisions of this contract despite a written warning with a reasonable grace period of at least 30 days to remedy the breach.

6.Purchase Prices and Service Fees

6.1 Unless otherwise agreed, GGA's claim for payment arises for each individual service as soon as it is rendered. GGA is entitled to request advance payments on the purchase price or service fee (both referred to as "price") to cover its expenses.

6.2 The price is understood as a gross price including statutory VAT.

6.3 All services by GGA not expressly covered by the agreed price or fee will be compensated separately. All cash expenses incurred by GGA must be reimbursed by the customer.

6.4 Cost estimates from GGA are non-binding. If it becomes apparent that the actual costs exceed the written estimate from GGA by more than 15%, GGA will inform the customer of the higher costs. The cost overruns are deemed approved by the customer if the customer does not object in writing within seven working days of this notice and simultaneously indicates cheaper alternatives. For cost overruns up to 15%, separate notification is not required. Such overruns are deemed approved by the client from the outset.

7.Payment, Retention of Title, Transfer of Risk

7.1 The price is due for payment immediately upon receipt of the invoice and without deduction, unless specific payment conditions are agreed upon in writing in individual cases. This also applies to the re-invoicing of all cash expenses and other expenditures. The goods supplied by GGA remain the property of GGA until full payment of the fee, including all ancillary liabilities, has been made.

7.2 In the event of the customer's payment default, statutory default interest applies at the rate customary for consumers or applicable to business transactions. Furthermore, in the event of payment default, the customer agrees to reimburse GGA for any reminder and collection expenses incurred to the extent necessary for appropriate legal action. This includes the costs of two reminder letters at market rates per reminder and one reminder letter from a lawyer appointed for collection. The assertion of further rights and claims remains unaffected.

7.3 In the event of the customer’s payment default, GGA may declare all services and partial services provided under other contracts with the customer due immediately.

7.4 Furthermore, GGA is not obliged to provide further services until the outstanding amount has been settled (right of retention). The obligation to pay the fee remains unaffected.

7.5 If payment has been agreed in installments, GGA reserves the right, in the event of late payment of partial amounts or ancillary claims, to demand immediate payment of the entire outstanding debt (loss of term).

7.6 The customer is not entitled to offset its own claims against claims of GGA unless the customer's claim has been acknowledged in writing by GGA or has been established by a court.

7.7 The risk passes to the customer as soon as the goods have been handed over to them or, in the case of shipping, when GGA has handed the goods over to the carrier of its choice.

8.Warranty

8.1 The customer must report any defects immediately, and in any case within eight days after delivery/performance by GGA, and hidden defects within eight days of becoming aware of them, in writing and describing the defect; otherwise, the goods are considered accepted, and the service is deemed approved. In this case, claims for warranty and damages as well as the right to contest due to defects are excluded.

8.2 In the case of a justified and timely complaint about defects, the customer has the right to have the delivery/service improved or exchanged by GGA, which will remedy the defects within a reasonable period, provided the customer allows GGA all necessary measures for investigation and rectification of defects. GGA is entitled to refuse to improve the service if it is impossible or entails disproportionate effort for GGA. In this case, the customer is entitled to the statutory rights of rescission or reduction. In the event of improvement, it is the client's responsibility to send the defective goods back at their own expense.

8.3 The warranty period is six months from delivery/performance. The right of recourse against GGA pursuant to § 933b (1) of the Austrian General Civil Code expires one year after delivery/performance. The customer is not entitled to withhold payments due to complaints. The presumption rule of § 924 of the Austrian General Civil Code is excluded.

9.Liability and Product Liability

9.1 In cases of slight negligence, GGA and its employees, contractors, or other assistants are exempt from liability for property or financial damage to the customer, regardless of whether it concerns direct or indirect damage, lost profits, consequential damages due to defects, damages due to delay, impossibility, positive breach of obligation, fault at the conclusion of the contract, or due to defective or incomplete performance. The injured party must prove the existence of gross negligence. To the extent that GGA's liability is excluded or limited, this also applies to the personal liability of its staff, contractors, or other assistants.

9.2 Any liability of GGA for claims arising from the services provided against the customer is expressly excluded if GGA has fulfilled its duty to inform or if such duty was not recognizable for it, with slight negligence being of no detriment. In particular, GGA is not liable for legal costs, its own legal costs, or losses incurred by the customer due to its information obligations, unless GGA has acted with intent or gross negligence.

9.3 In the event of any legal actions brought against GGA for damages based on product liability, the customer is obliged to indemnify GGA and its employees, contractors, and other assistants.

9.4 The liability of GGA for damages caused by the non-fulfillment of significant contractual obligations is limited to the damages that are typical and foreseeable for such contracts. The customer is liable for all damages that occur to GGA as a result of the customer's violations of obligations under the contract.

10.Data Protection

10.1 GGA is entitled to collect, process, store, and use the data provided by the customer for accounting purposes, as well as for internal market research and marketing purposes. This data will be used by GGA to comply with legal regulations, to process payment transactions, and for promotional purposes. The customer further agrees to the transfer of their data to GGA's partner companies, which may use it for the aforementioned purposes. The customer also expressly consents to receive promotional materials from GGA. These consents can be revoked at any time in writing or via email.

10.2 Anyone who provides incorrect information regarding name, address, phone, fax number, or email address, or who fails to notify GGA of subsequent changes, will bear any resulting damages themselves and must compensate GGA. Deliveries to the last address provided to GGA are considered valid even if the customer is no longer residing there, and the new address cannot be determined with reasonable effort.

11.Weapons, Trade, and Foreign Trade Law

11.1 The acquisition of firearms is subject to the Austrian Weapons Act and the Trade Regulations in their currently valid version. This also applies to transportation to non-EU countries. For exports to non-EU countries, the provisions of the Austrian Foreign Trade Act in its currently valid version apply. According to the Trade Regulations, mail order sales of weapons and ammunition to the end customer are not permitted.

11.2 When personally transporting firearms (e.g., in the case of intermediary sales, picking up purchased firearms), it is important to note that they must be transported in a closed container, such as a rifle bag or case or a pistol case. Lockability is not required. Wrapping in a blanket or packing paper, or carrying in a nylon bag, is not sufficient and may be treated as unauthorized carrying of a weapon according to § 7 of the Weapons Act 1996 along with its penal provisions.

12.Applicable Civil Law

The contract and all derived mutual rights and obligations as well as claims between GGA and the customer are subject to Austrian law, excluding its conflict-of-law rules and excluding the UN Sales Convention (CISG).

13.Place of Fulfillment and Jurisdiction

13.1 The place of fulfillment is the business location of the GGA P. Länger e.U. branch where the respective legal transaction was concluded.

13.2 The agreed jurisdiction for all legal disputes arising between GGA and the customer in connection with the specific contractual relationship is the competent court for the location of the respective GGA branch. For consumers in the sense of the Consumer Protection Act, this agreement only applies if they do not have a residence or habitual residence in Austria and are not employed in the country, unless other regulations oppose this.

14.Right of Withdrawal / Return Policy — Mail Order

14.1 You have the right to withdraw from this contract within fourteen days without providing any reason. The withdrawal period is fourteen days from the day you or a third party designated by you, who is not the carrier, took possession of the first item. To exercise your right of withdrawal, you must inform us — GGA P. Länger e.U., Sackgasse 5, A-2244 Spannberg, Email: info@gungarage-austria.at, www.gungarage-austria.at, Tel.: +43 2538 85 718 — with a clear statement (e.g., a letter sent by post or an email) of your decision to withdraw from this contract. If you make use of this option, we will promptly (e.g., via email) confirm receipt of such a withdrawal. To meet the withdrawal deadline, it is sufficient for you to send your notification of the exercise of the right of withdrawal before the withdrawal period expires.

14.2 Consequences of Withdrawal - Mail Order: If you withdraw from this contract, we will refund all payments received from you, including delivery costs (except for additional costs arising from your choice of a delivery method other than the least expensive standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received your notification of withdrawal from this contract. We will use the same payment method that you used for the original transaction for this refund, unless expressly agreed otherwise with you; in no case will you incur fees for this refund. We may withhold the refund until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is earlier.

15.Printing Errors

Should we later recognize that there has been an error, for example, in the information regarding a product, a price, or availability, you will be promptly informed. You can then confirm your order under the amended conditions or withdraw from the contract.

16.Payment Methods

In cash or by debit card
By bank transfer or (only from abroad) via PayPal — after your order, you will receive an email from us with your invoice, which will also contain all the information for your transfer.