Conditions of Use

General Business Conditions (AGB)

of the company

Wellcrafted s.r.o.

with registered office at Lipová 1744, 43201 Kadaň, Czech Republic,

recorded in the Commercial Register administrated by the Registration Court Ústí nad Labem under file No. C 20787,

identification No. 25492217

(hereinafter referred to as the “Seller”)

1. Object, Term

1.1. The present General Business Conditions set forth general legal conditions of business cooperation entered into between the Seller and customer. The General Business Conditions shall be used for preserving partnership and problem-free performance of business relation in favour of both parties. Supplies, performances and offers of the company Wellcrafted s.r.o., hereinafter referred to as the “Seller”, shall be realised exclusively on the basis of the present General Business Conditions. They shall also apply to future business relations, even if not expressly agreed. Oral and telephone arrangements shall have no legal validity. Divergent conditions shall be valid only if they are confirmed and approved by the Seller in writing.

1.2. In making orders, the customer accepts delivery and payment conditions of the Seller. Order may be placed in writing by mail or fax, e-mail or on a form available in the Webshop. Orders shall be accepted only if the order party indicates his full address. On principle, no orders to be addressed to P.O.BOX shall be performed, except for if agreed with the Seller in writing in advance.

1.3. Both parties undertake to secure optimum business cooperation and mutual consideration. In particular, the parties undertake to refrain from any behaviour that would impair business interests of the other party.

2. Prices, Supply, Reservation of Ownership Right

2.1. Our prices are quoted in Euro, US Dollars and Czech Crowns and they are considered only for private persons, including the value added tax prescribed by law and costs of dispatch. For companies, prices are valid as EXW net, thus with inclusion of the value added tax prescribed by the law, as well as including the costs of dispatch. The goods is dispatched at customer's cost and risk. We reserve the right to make possible written errors, misprints, and changes of models and mistakes. We reserve the right to make price changes. If purchase price or costs on goods production are increased before the dispatch, we shall be entitled, upon submission of new price offer, to withdraw from the order with the initial price. We shall automatically notify you of price reductions, which will enter into force before issuance of invoice and before dispatch of goods. In case of bulk orders, we will be pleased to elaborate detailed offers for you.

2.2. Delay of supplies shall not entitle to claim compensation of damage. In case of all types of goods, there could occur longer delivery dates in comparison with the agreed delivery date. If any supply is in delay, the Seller shall be entitled to determine reasonable deadline to secure subsequent supply. If supply is performed within the deadline, goods shall be deemed delivered in compliance with the contract concluded. If supply is in delay for more than three months without our fault, whereas we need not prove causality, then both parties, i.e. the buyer and the Seller, shall be entitled to withdraw from the contract without any right for compensation or any other claims. Partial supplies shall be allowed unless otherwise agreed in writing. Any partial supply shall be deemed as an individual business case and we can charge it separately. Possible higher costs on postage and packing shall be born by the buyer, except for customers being private consumers. The right to withdraw from the contract shall not apply to partial supplies made.

2.3. Until payment of the purchase price in full, the Seller shall remain owner of all goods supplied to the customer.

2.4. If the customer transfers goods supplied to a third party before payment of the purchase price in full and the Seller thereby loses the ownership right to goods, it shall be deemed that the customer thereby ceded to the Seller all rights arising from such legally valid transaction towards third party, especially the claim for the purchase price.

2.5. The customer shall be obliged, if needed, to warn his third party customers about the existing reservation of ownership right of the Seller.

2.6. The minimal value of an order is 25 EUR.

3. Payment Conditions, Mutual Reporting Duty

3.1. First supplies to new customers shall be performed, on principle and with no exceptions, only on the basis of advance payment. In principle, supplies outside the Federal Republic of Germany and Austria may be performed only on the basis of advance payment via transfer of funds to our account.

Invoices shall be payable immediately after received, with no deductions, with the exception of cases when we approve special method of payment in writing.

Payment options are only as follows:

· Advance payment via transfer of funds to our bank account maintained by the following bank:

Sparkasse Mittleres Erzgebirge, Hanischallee 11, 09496 Marienberg, Germany

Owner: Wellcrafted s.r.o., account No.: 3104004063, bank’s code: 87053000

BIC CODE / SWIFT: "SOLADES1SME", IBAN: "DE70 8705 3000 3104 0040 63"

· Payment in a form of cash on delivery can be made only on the basis of mutual agreement (fees in case of cash on delivery payment shall be always born by the buyer).

3.3. If the buyer is in delay in payment, we shall be entitled to charge, for the first three weeks in delay, a conventional fine in the amount of 1.5 per cent of the outstanding sum for every started week, as well as from the beginning of the fourth week, a delay interest in the amount of the interest rates applied by commercial banks to opened overdraft credits. No conventional fine shall apply to customers who are consumers, but only a delay interest rate prescribed by law. Conventional fines (penalties) and interests shall be payable immediately. All costs incurred due to delayed payments, such as fees for reminders, collection fees and the like, shall be born by the buyer.

3.4. Placing orders for goods according to own samples, dimensions and ideas shall represent, in principle, a fixed order. Whereas the entire sum must be remitted as an advance payment. After receipt of the payment, the Seller shall confirm the order and determine approximate delivery date for the customer.

3.5. Both parties shall be obliged to notify each other all relevant business data, in particular the address of the company's registered office, legal form of entity, names of persons authorised to represent the company, description as a value added tax payer, tax identification number and VAT identification number and, in case of change thereof, to immediately inform the other party about such change. This shall not apply to customers who are consumers.

3.6. The customer shall be also obliged to inform the Seller without undue delay about possible problems with supplied or offered goods, in particular about requirements concerning the arms and ammunition law valid in the customer’s country. This shall not apply to customers who are consumers.

3.7. In case of breach of any obligation referred to in paragraphs 3.5. and 3.6. hereof, the other party shall be entitled to compensation of damage arising from possible breach thereof.

3.8. Data about customers shall be stored on memory media and, if needed in terms of business and if permitted by the German Federal Act on Data Protection (§ 26 of the Federal Act on Data Protection), they shall be processed in electronic form. The customer expressly agrees to retrieval, processing and use of personal data for purposes of realisation of relevant orders and providing information about products. Such data shall not be disclosed to any unauthorised persons.

4. Copyright Provisions

4.1. The Seller shall enable traders to use depictions provided by the Seller for advertising on the Internet, in catalogues and in other publications, namely on assumption that such particular use of depictions is used only for purposes of trading with the Seller.

4.2. If a trader is using depictions provided by the Seller contrary to the conditions set forth in paragraph 4.1. hereof, the Seller shall be entitled to claim immediate suspension of further use by the trader, in particular removal of such depictions from the Internet page of the trader. In such case, the Seller shall be entitled to claim from the trader payment of flat conventional fine in the amount of 5,000.00 Euro for every such action violating the law.

5. Rebate Grading and Other Provisions

5.1. In comparison with relevant current surcharges or rebates provided by the Seller in price lists, the following surcharges or rebates depending on turnover are concerned:

5.2. The average monthly turnover, which constitutes basis in the table referred to in paragraph 5.1. hereof, shall apply to the last three calendar months before the calendar month when the relevant order was invoiced by the Seller. The basis for calculation shall be net turnover of all orders placed by the customer in the relevant period of three months with the Seller, whereas it shall be decisive whether the relevant order was invoiced by the Seller in the relevant three-month period. The Seller expressly reserves the right to unilaterally modify the table referred to in paragraph 5.1. hereof.

5.3. Rebate grading referred to in paragraph 5.1. hereof shall apply to new customers of the Seller since the beginning of the third calendar month after receipt of their first order.

5.4. If the customer fails to pay for the previous supply or fails to comply with payment target provided for in the invoice, no rebate referred to in paragraph 5.1. hereof shall be provided to such customer.

5.5. Prices quoted in price lists of the trader shall mean net prices excluding costs on goods dispatch. Expected delivery dates are always given in the first line of the relevant price list.

5.6. If the customer notifies the Seller in compliance with paragraph 3.1. hereof his VAT identification number (VAT-ID) of other member state of the European Union than the Czech Republic, the Seller shall be obliged to perform supplies for the customer without inclusion of value added tax, provided that this is in compliance with tax regulations of the Czech Republic.

5.7. The Seller shall be obliged to transport goods free of charge to Germany and from there to dispatch goods at expense of the customer for as low costs of dispatch as possible (currently: GLS Germany/Germany). On the other hand, the customer undertakes to return reclaimed goods or goods returned for other reasons at own expense to an address in the Federal Republic of Germany determined by the Seller (currently: Wellcrafted s.r.o., c/o GLS Depot 15, Johann-Esche-Str. 26, D-09212 Limnach-Oberfrohna).

Dispatch of goods shall be performed from store and at the risk and expense of the buyer. If no instruction served in writing is at disposal, we will perform the dispatch of goods according to our best consideration, however with exclusion of warranty for selection of the cheapest and fastest mean of goods dispatch.

Costs of dispatch shall be notified to the buyer always before the supply of goods.

The risk shall pass to the buyer in the moment of delivery of the consignment to a person who shall secure transport of goods or when such consignment left our store for purposes of goods dispatch.

In case of unauthorised refusal to accept the supply, the customer shall bear costs of dispatch in full amount, as well as 10% of goods value specified in the relevant invoice.

5.8. The Seller shall send the customer invoices for goods supplied to the e-mail address specified by the customer. If tax regulations of the country of customer’s registered office prescribe a certain form of invoice issuance, the Seller shall be obliged to issue the customer, upon request, also with specification of invoicing according to such regulations and to notify it to the customer.

5.9. Goods offered are not intended for professional (craftsman, business or manufacturing) use (wrestling/swordplay, acrobatics, etc.) since such use of goods may cause the fastest wear and tear and damage. If such use is detected, any complaints whatsoever shall be excluded.

5.10. Any recipient not being a consumer undertakes to inspect goods immediately after its receipt in terms of volume and quality, as well as possible damage, however, within 7 days, at the latest, he shall report the supplier such inspection in writing. The recipient shall send one copy of such report including reclaimed goods to our company. Apart from that, we recommend the recipient to provide us also with a short report about the origin of such event.

Moderate deviations concerning quality, dimensions and colour are possible in case of products manufactured in a craftsman manner and they may not constitute a reason for filing a complaint. All dimension data and depictions are only for information purposes. There can occur moderate deviations in design due to handwork.

We cannot accept return of special versions and executions made to order, unless we are obliged to do so pursuant by law.

Legal provisions shall apply to hidden defects.

Return cargo addressed to our company shall be made as post prepaid to the address of the customer and shall be agreed in advance; otherwise we refuse to accept them. In case of return cargo, number of the relevant invoice shall be always specified.

5.11. At least for the first order of steel arms, we require certified proof of age. Distribution of arms to persons under the age of 18 is prohibited and it is also not desirable on our part. The Seller does not accept any guarantee for damage on goods or for damage to health and for property losses caused by unprofessional handling or misuse.

5.12. We do not assume any guarantee for damage to health, or for damage to property and goods caused by unprofessional handling, misuse or negligence. We cannot assume any guarantee for any consequential damage arisen during use of goods we offer, since we have no possibility to control operation and use of such products by the user. This does not affect statutory rights concerning consumer protection.

Our WebShop and all descriptions and prices contained in the WebShop have been processed with the best care possible. Therefore we cannot assume any guarantee for possible misprints or technical changes in connection with possible intentional action and gross negligence.

5.13. All goods items ordered by the consumer may be, without limitation and without giving any reasons, returned within two-week deadline since goods receipt, except for goods made to order. Consumer shall mean a customer who is placing orders for goods for a certain purpose, which may not be used for craftsman or independent professional activity of the customer. Costs connected with return shall be born first by the customer, in case of justified return, the Seller shall bear usual costs of dispatch. Such right for return shall not arise in case of special goods made according to customer’s requests or undoubtedly manufactured on the basis of his personal needs, or in case of special goods, as well as such goods which are unsuitable for return due to their quality.

Return of bulky goods is possible only on the basis of prior agreement of the parties. Parcels returned as unpaid will not be accepted.

For the purposes of return, the customer shall use original transport packing. Packing of goods and components to be returned shall be the original packaging, which especially refers to “dangerous components” and “fragile components” or other types of goods that shall be packed in a protective packaging. We shall not be obliged to compensate losses for goods or components, which will be damaged during transport due to unprofessional packing, or goods or components, which will leak or spill.

In order to observe the deadline, it shall be sufficient to dispatch goods or send request for goods return within two-week statutory deadline. After timely dispatch of goods or request for goods return, the customer shall no longer be bound by the purchase contract. If the purchase price is paid already, the Seller shall refund it.

Important notice: in case of return of used or damaged goods, the Seller reserves the right to claim compensation for reduced value of goods exceeding the provision relating to average use of goods. The Seller shall be entitled to settle the right for compensation with the purchase price paid, as the case may be.

5.14. The Seller shall supply all arms and replicas of arms together with relevant manual. If the manual is missing when goods are supplied, it can be sent additionally upon request or provided directly on the following Internet address with the possibility to download: http://www.outfit4events.com/charts.

6. Modification and Final Provisions

6.1. The Seller may modify the present General Business Conditions anytime without giving any reason, without observing a deadline for change performance. Modified General Business Conditions shall come into force in compliance with legal regulations of the rule of law regulating the relevant contractual relation.

6.2. The General Business Conditions, as well as all legal relations existing between the parties, shall be governed by rule of law of the state where the customer being a legal person has his registered office or, if natural person, his residence, if such state is a member of the European Union. In all other cases and if such legal choice is not possible, the concluded contract, as well as other legal relations between the parties shall be governed by the rule of law of the Czech Republic.

6.3. Jurisdiction shall apply to the state the rule of law of which shall be applied pursuant to paragraph 6.2. hereof, if legally permissible, otherwise the jurisdiction of the Czech Republic shall apply.

6.4. If any provision hereof is held ineffective or looses its effectiveness in the future, such ineffectiveness shall not affect other provisions hereof. Provision having its economic meaning closest to the wording of such void provision shall be applied, for legal purposes, instead of such ineffective provision.

6.5. Provisions of the General Business Conditions shall not apply to legal regulations concerning the right for consumer protection.