Terms and Conditions

General Terms and Conditions of Wyvern Crafts

§1. Scope and Subject Matter of the Contract 

(1) The General Terms and Conditions of Wyvern Crafts UG (limited liability) & Co. KG apply to the delivery of movable items in accordance with the contract concluded between Wyvern Crafts UG (limited liability) & Co. KG and the customer.
(2) Contracting parties are the company "Wyvern Crafts UG (limited liability) and Co. KG," referred to as "Wyvern" in these General Terms and Conditions, and the respective purchaser, referred to as the "customer."
(3) The General Terms and Conditions of Wyvern exclusively apply. Contradictory or deviating conditions of the customer from the General Terms and Conditions of Wyvern will not be recognized unless Wyvern has expressly and in writing agreed to their validity.
(4) Even if Wyvern carries out the delivery unconditionally in the knowledge of contradictory or differing conditions of the customer from the General Terms and Conditions of Wyvern, only the General Terms and Conditions of Wyvern shall apply.
(5) The General Terms and Conditions of Wyvern apply to both consumers and entrepreneurs, unless a differentiation is made in the respective clause. 

§2. Conclusion of the Contract 

(1) An order by the customer can be placed either in writing, by fax, or by sending an order form through Wyvern's online shop.
(2) The customer's order constitutes a binding offer. The customer will receive an order confirmation, whether in person, by fax, or by email.
(3) The purchase contract is only concluded through a separate declaration of acceptance by Wyvern or through the delivery of the goods.
(4) Offers made by Wyvern prior to this are non-binding.
(5) If the customer orders the goods electronically, the contract text as well as these terms and conditions will be stored in a reproducible format and, upon the customer's request, sent via email.
(6) Wyvern reserves ownership and copyright rights to illustrations, drawings, calculations, and other documents. This also applies to written documents labeled as "confidential." The customer requires the explicit consent of Wyvern before passing them on to third parties. 

§3. Age Verification 

(1) For orders of sharpened steel weapons, alcohol, as well as firearms of any kind, Wyvern requires proof of age from the customer via fax or mail. This also applies to arrows with metal tips, bows, and crossbows, even if they are toy variants. Furthermore, this applies to all other items covered by firearms legislation. When ordering through Wyvern's online shop, the product description will indicate whether age verification is required.
(2) In addition, the provisions and other requirements of firearms legislation as well as other firearms-related regulations remain unaffected and must be observed.
(3) The sale of the mentioned items to individuals under 18 years of age is prohibited.
(4) Wyvern shall not be liable for any damage to the goods and/or individuals or property caused by improper use or abusive utilization. 

§4. Prices and Payment Conditions 

(1) All price information in our online shop is provided without guarantee. They merely represent an invitatio ad offerendum.
(2) The price indicated in the online shop includes the statutory value-added tax. It will be separately shown upon order confirmation.
(3) If the customer is a consumer, price changes are permissible if more than four months elapse between the conclusion of the contract and the agreed delivery date. If wages or material costs change thereafter, Wyvern is entitled to adjust the price accordingly in line with the cost increases or decreases. The customer is only entitled to withdraw from the contract if a price increase significantly exceeds the rise in the general cost of living between the order and delivery.
(4) If the customer is a business entity, the agreed price applies. If the price has increased at the time of performance due to a change in the market price or an increase in charges demanded by third parties involved in the provision of the service, the higher price applies. If this exceeds the agreed price by 20 percent or more, the customer has the right to withdraw from the contract. This right must be asserted promptly after notification of the increased price.
(5) Books in the German language are subject to statutory price binding. Discounting is not possible, even if you are a special customer with a discount.
(6) The total compensation is to be paid within ten days after receipt of the goods and without deduction, unless otherwise agreed. The statutory rules regarding payment default apply.
(7) The customer is entitled to set-off rights only if his counterclaims have been legally established, are undisputed, or have been acknowledged by Wyvern. If the customer is a business entity, they are only authorized to exercise the right of retention if their counterclaim is based on the same contractual relationship.
(8) Wyvern regularly ships goods using a courier service of its choice.
(9) Wyvern only delivers to international customers by prepayment, but currently not available.
(10) Orders for custom-made and special packaging will only be accepted by Wyvern after an advance payment of 50 percent of the order total. In this case, the customer will receive an invoice. 

§5. Delivery Time and Transfer of Risk

(1) If we have specified delivery periods and made them the basis for placing an order, such periods shall be extended in the event of strikes and cases of force majeure for the duration of the delay.
(2) The same applies if the customer fails to fulfill any cooperation obligations.
(3) If the customer is a business entity, delivery "ex works" is agreed unless otherwise specified in the order confirmation. 

§6. Right of Withdrawal 

Right of withdrawal
You have the right to withdraw from the contract within 14 days without giving any reason, in writing (e.g., letter, fax, email) or - if the item is handed over to you before the deadline - by returning the item. The withdrawal period begins upon receipt of this information in written form, but not before the goods have been received by the recipient [in the case of recurring deliveries of similar goods, not before the receipt of the first partial delivery], and also not before fulfillment of our information obligations in accordance with Article 246 § 2 in connection with § 1 paragraphs 1 and 2 EGBGB as well as our obligations in accordance with § 312g paragraph 1 sentence 1 BGB in connection with Article 246 § 3 EGBGB. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
The withdrawal should be addressed to:
Wyvern Crafts UG (limited liability) & Co. KG
Odenthaler Str. 339
51069 Cologne
Email: info@wyvern.de
Fax: 0221/67117848
Consequences of Withdrawal
In the event of an effective withdrawal, the mutually received performances are to be returned, and any benefits derived (e.g., interest) are to be surrendered. If you cannot return or surrender the received performance as well as benefits (e.g., benefits of use) or can only return them in a deteriorated condition, you must provide us with value compensation to that extent. For the deterioration of the item and for derived benefits, you must only provide value compensation to the extent that the benefits or the deterioration can be attributed to handling the item beyond testing its properties and functionality. "Testing its properties and functionality" refers to the testing and trying out of the respective item as is possible and common in a retail store. Items that can be shipped by parcel are to be returned at our risk. You shall bear the regular costs of the return if the delivered item corresponds to the ordered one and if the price of the item to be returned does not exceed a certain value or if you have not provided the consideration or a contractually agreed partial payment at the time of the withdrawal. Otherwise, the return is free of charge for you. Non-parcel-shippable items will be picked up at your location. Obligations to reimburse payments must be fulfilled within 14 days. The period begins for you with the dispatch of your withdrawal declaration or the item, and for us with its receipt.
End of the Withdrawal 

Information:  The withdrawal form can be found for download to print or as an online form on our website.

§7. Liability for Defects 

(1) If the customer is a consumer, Wyvern is liable for defects in accordance with statutory provisions, unless the following provisions impose any limitations.
(2) The consumer must notify Wyvern of obvious defects in writing within two weeks of the defect occurring. If the notification is not made within the aforementioned period, the warranty rights shall lapse.
(3) This does not apply if Wyvern has fraudulently concealed the defect or has provided a guarantee for the condition of the item.
(4) If the customer is a business entity, Wyvern reserves the right to choose the method of subsequent performance in the presence of a defect.
(5) The customer does not receive any warranties in the legal sense from Wyvern. 

§8. Liability for Damages 

(1) Wyvern's liability for breaches of contract and tort is limited to intent and gross negligence. This does not apply to violations of life, body, and health of the customer, as well as for violations of cardinal obligations and compensation for default damages according to §286 of the German Civil Code (BGB). In this respect, Wyvern is liable for any degree of fault.
(2) Liability for the violation of cardinal obligations is limited to the regularly foreseeable damage.
(3) In case of delay in delivery, liability is limited to a lump-sum compensation for delay of 0.5 percent of the delivery value for each completed week of delay, but not exceeding 5 percent of the delivery value in total.
(4) The exclusion of liability stated in (1, 2, and 3) also applies to slight negligence on the part of Wyvern's vicarious agents.
(5) Insofar as liability for damages not resulting from the violation of life, body, or health of the customer is not excluded for slight negligence, such claims become time-barred within one year from the date of their accrual or, in the case of compensation claims due to a defect, from the transfer of the item.
(6) To the extent that the exclusion or limitation of liability for damages applies to Wyvern, this also applies with regard to the personal liability for damages of Wyvern's employees, workers, representatives, and vicarious agents. 

§9. Retention of Title 

(1) In contracts with consumers, Wyvern reserves ownership of the purchased item until full payment of the purchase price.
(2) If the customer is a business entity, Wyvern retains ownership of the goods until all claims against the purchaser are fulfilled, even if the specific item has already been paid for.
(3) The customer must immediately notify Wyvern of any enforcement measures by third parties on the reserved goods, handing over the necessary documents for intervention. This also applies to any other impairments. Regardless, the customer must inform third parties in advance of the rights existing in the goods. If the customer is a business entity, they shall bear the costs of Wyvern's intervention if the third party is unable to reimburse them.
(4) If the customer is a business entity, they hereby assign to Wyvern, as security, any claims arising from the resale or rental of the reserved goods until all of Wyvern's claims are fulfilled. If the reserved goods are processed, transformed, or combined with another item, Wyvern acquires direct ownership of the resulting item. This shall be considered as reserved goods.
(5) If the value of the security exceeds Wyvern's claims against the purchaser by more than 20 percent, Wyvern shall, at the request of the purchaser and at its discretion, release the securities it holds to a corresponding extent. 

§10. Limitation of Wyvern's Claims 

(1) Wyvern's claims for payment, in deviation from §195 BGB, shall be subject to a limitation period of five years.
(2) Regarding the commencement of the limitation period, § 199 BGB applies. 

§11. Form of Declarations 

(1) Legally relevant declarations and notifications to be made by the customer to Wyvern or a third party require written form.
(2) Oral commitments by an employee of Wyvern, representatives, or other auxiliary persons require written confirmation by Wyvern. 

§12. Jurisdiction, Choice of Law, and Place of Performance 

(1) Unless otherwise specified in the contract, the place of performance and payment is the business location of Wyvern in Cologne.
(2) German law applies to this contract. This does not apply if specific consumer protection provisions in the customer's home country are more favorable (Art. 29 EGBGB).
(3) The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
(4) The exclusive place of jurisdiction for contracts with merchants, legal entities under public law, or special funds under public law is the court competent for the business location of Wyvern in Cologne.
(5) If the customer does not have a general place of jurisdiction in Germany or another member state of the European Union, the exclusive place of jurisdiction for all disputes arising from this contract is the business location of Wyvern in Cologne. 

§13. Cost Sharing Agreement 

If you exercise your right of withdrawal, you shall bear the regular costs of the return shipment if the delivered goods correspond to the ordered ones and if the price of the item to be returned does not exceed an amount of 40 euros or if, at a higher price of the item at the time of withdrawal, you have not yet provided the consideration or a contractually agreed partial payment. Otherwise, the return shipment is free of charge for you." 

§14. Alternative Dispute Resolution 

(1) The European Commission provides a platform for online dispute resolution, accessible via the following link: https://webgate.ec.europa.eu/odr/ This platform serves as a point of entry for the out-of-court resolution of disputes arising from online sales or service contracts involving a consumer.
(2) The seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer conciliation body.

Terms and Conditions as of October 6, 2023

You can find the General Terms and Conditions of Wyvern Crafts UG (limited liability) & Co. KG here as a PDF.