General terms and conditions for purchasing weapons, ammunition and gunpowder

Introduction

These additional terms and conditions apply to the purchase, reservation, storage and delivery of firearms, essential firearm components, ammunition, powder, primers and other regulated products for which a firearms licence, hunting licence, permit or any other legal authorisation is required under applicable legislation.

The sale and transfer of these products differ substantially from the sale of ordinary consumer goods. Delivery may only take place after all legal requirements have been fulfilled. In many cases, there may be a considerable period between the date of purchase and the actual transfer of the product, during which SEM Jacht & Schietsport reserves the product exclusively for the purchaser, manages the associated administration and stores the product in a secure facility.

These additional terms and conditions have been established to clearly define the rights and obligations of both the purchaser and SEM Jacht & Schietsport during this period. They take into account the specific legal requirements applicable to regulated products while protecting the legitimate interests of both parties.

These additional terms and conditions supplement the General Terms and Conditions of SEM Jacht & Schietsport. Where these additional terms differ from the General Terms and Conditions, these additional terms shall prevail.

Nothing in these additional terms and conditions shall limit any mandatory rights granted to consumers under applicable national or European consumer protection legislation. Should any provision of these terms be held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

By placing an order for a regulated product, the purchaser confirms that these additional terms and conditions have been read, understood and accepted.

Article 1 – Definitions

For the purposes of these additional terms and conditions, the following definitions shall apply:

• SEM Jacht & Schietsport
  The seller trading under the name SEM Jacht & Schietsport.
• Purchaser
  Any natural person or legal entity entering into, or intending to enter into, an agreement with SEM Jacht & Schietsport concerning the purchase, reservation, storage or delivery of a regulated product.
• Regulated Product
  Any product for which the sale, transfer or possession requires a firearms licence, hunting licence, permit or any other statutory authorisation.
• Firearm
  Any firearm or essential firearm component subject to applicable firearms legislation.
• Agreement
  Any purchase agreement, reservation, special order or other arrangement between SEM Jacht & Schietsport and the purchaser relating to a regulated product.
• Reservation
  The exclusive allocation or removal of a regulated product from available stock for a specific purchaser.
• Storage Period
  The period during which SEM Jacht & Schietsport stores a regulated product until legal transfer to the purchaser becomes possible.
• Special Order
  A product that is not available from stock and is ordered specifically for the purchaser from a manufacturer, importer or supplier.
• Supplier
  Any manufacturer, importer, distributor or other party supplying products to SEM Jacht & Schietsport.
• Actual Delivery
  The moment at which the regulated product is physically handed over to the purchaser after verification that all legal requirements have been satisfied.

Article 2 – Scope of Application

1. These additional terms and conditions apply to every quotation, agreement, reservation, order, storage arrangement and delivery of regulated products by SEM Jacht & Schietsport.
2. These additional terms apply in addition to the General Terms and Conditions of SEM Jacht & Schietsport.
3. Where these additional terms differ from the General Terms and Conditions, these additional terms shall prevail in relation to regulated products.
4. By placing an order for a regulated product, the purchaser confirms that these additional terms and conditions have been read and accepted.
5. Any deviation from these additional terms shall only be valid if confirmed in writing by SEM Jacht & Schietsport.

Article 3 – Regulated Products

1. Delivery of regulated products shall only take place after the purchaser has demonstrated possession of all legally required licences, hunting licences, permits or other statutory authorisations.
2. SEM Jacht & Schietsport reserves the right to suspend or refuse delivery until all legal requirements have been fully satisfied.
3. The application for, acquisition and maintenance of all required licences and permits are solely the responsibility of the purchaser.
4. Placing and paying for an order does not entitle the purchaser to actual delivery until all legal requirements have been fulfilled.
5. SEM Jacht & Schietsport reserves the right to verify the purchaser's identity and the authenticity and validity of all submitted documents before delivery.

Article 4 – Ordering and Payment

1. Regulated products must be paid for in full before they are reserved, removed from stock or specially ordered for the purchaser, unless otherwise agreed in writing.
2. Upon receipt of payment, the product will either:
   • be removed from available stock and reserved exclusively for the purchaser; or
   • be specially ordered from the manufacturer, importer or supplier on behalf of the purchaser.
3. Until actual delivery takes place, the product shall remain in the custody of SEM Jacht & Schietsport or, where applicable, a third party appointed by SEM Jacht & Schietsport.
4. Payment of the purchase price does not release the purchaser from the obligation to comply with all legal requirements relating to possession and transfer.
5. Where delivery cannot immediately take place because the required licence or authorisation has not yet been obtained, the provisions relating to reservation, storage and any applicable charges shall apply.

Article 5 – Firearms Available from Stock

1. Where a regulated firearm is ordered from stock while the purchaser does not yet hold the required firearms licence, hunting licence or other legally required authorisation, the firearm will be reserved exclusively for the purchaser upon receipt of full payment or an agreed deposit.
2. From the moment the reservation takes effect, the firearm shall be withdrawn from sale and will no longer be offered to other customers.
3. SEM Jacht & Schietsport shall store the firearm securely for the agreed storage period.
4. During this period, SEM Jacht & Schietsport shall, among other things:
   • process the administration relating to the order;
   • reserve the firearm exclusively for the purchaser;
   • maintain the necessary records and documentation;
   • verify all required licences and documents;
   • provide secure storage;
   • prepare the administrative transfer upon collection.
5. If the purchaser cancels the purchase before actual delivery has taken place, the provisions regarding cancellation, administration fees and storage fees shall apply.

Article 6 – Firearms Specially Ordered for the Purchaser

1. Where a regulated firearm is not available from stock and is ordered exclusively at the purchaser's request, this shall constitute a Special Order.
2. By placing a Special Order, the purchaser instructs SEM Jacht & Schietsport to order the firearm specifically from a manufacturer, importer or supplier.
3. Until SEM Jacht & Schietsport has placed the order with the manufacturer, importer or supplier, the purchaser may cancel the order free of charge.
4. Once the order has been placed, costs may arise that cannot be recovered, or can only partially be recovered, from the supplier.
5. If the purchaser cancels the order after this stage, SEM Jacht & Schietsport shall be entitled to deduct the actual and reasonably non-recoverable costs from any amount already paid.
6. Such costs may include:
   • purchase costs;
   • import costs;
   • transport costs;
   • payment or currency exchange charges;
   • administration and processing costs;
   • reservation and order processing costs;
   • loss in value where the product can no longer be sold as a regular stock item;
   • any other demonstrable costs directly resulting from the Special Order.
7. Where the specially ordered firearm has already been received by SEM Jacht & Schietsport but cannot yet legally be delivered, the provisions relating to reservation, storage, administration fees and storage fees shall also apply.
8. SEM Jacht & Schietsport shall only charge costs that are reasonable, demonstrable and directly related to the execution of the Special Order.

Article 7 – Storage and Reservation

1. Where a regulated product cannot be delivered immediately because the legal requirements for transfer have not yet been fulfilled, SEM Jacht & Schietsport shall reserve the product exclusively for the purchaser and store it securely for the agreed storage period.
2. Throughout the storage period, the reserved product shall remain exclusively allocated to the purchaser and shall not be offered for sale or delivered to any third party.
3. Unless otherwise agreed in writing, the standard storage period shall be six (6) months.
4. If the purchaser anticipates that the storage period needs to be extended, the purchaser shall notify SEM Jacht & Schietsport in writing without undue delay. Any extension shall only be valid after written confirmation by SEM Jacht & Schietsport.
5. Throughout the storage period, SEM Jacht & Schietsport shall exercise due care in storing the regulated product in a secure facility.

Article 8 – Administration and Storage Fees

1. A one-time administration fee of €50.00 shall apply for processing the reservation, file administration, licence verification, registration and preparation of the final transfer.
2. The first sixty (60) days of the storage period shall be provided free of charge.
3. From the sixty-first (61st) day onwards, a storage fee of €12.95 per commenced calendar month shall apply.
4. If the purchaser collects the regulated product within the agreed storage period and fulfils all legal requirements for transfer, SEM Jacht & Schietsport shall waive both the administration fee and any accrued storage fees in full.
5. If the Agreement is cancelled or terminated before actual delivery takes place, any administration fee and storage fees accrued up to that date shall remain payable and may be deducted from the amount to be refunded to the purchaser.
6. SEM Jacht & Schietsport shall only charge administration and storage fees that have been communicated to the purchaser in advance.

Article 9 – Cancellation by the Purchaser

1. Any request to cancel an Agreement must be submitted to SEM Jacht & Schietsport in writing or by e-mail.
2. Where a firearm held in stock is cancelled, only the administration fee and storage fees payable under these additional terms and conditions shall be deducted from the amount to be refunded.
3. Where a Special Order is cancelled, the actual and reasonably non-recoverable costs relating to the Special Order shall also be deducted.
4. SEM Jacht & Schietsport shall only deduct costs that:
   • have been communicated to the purchaser in advance or arise directly from these additional terms and conditions;
   • are reasonable;
   • can be substantiated with appropriate evidence; and
   • are directly related to the performance of the Agreement.
5. The remaining purchase price shall be refunded within a reasonable period using the same payment method as the original transaction, unless otherwise agreed in writing.

Article 10 – Right of Withdrawal

1. Where the Agreement qualifies as a distance contract, the purchaser shall be entitled to the statutory right of withdrawal, unless a legal exception applies.
2. Where the purchaser exercises the statutory right of withdrawal, this shall not affect the right of SEM Jacht & Schietsport to charge separately agreed fees for services already performed, to the extent permitted by applicable law.
3. Where the product has been specially ordered for the purchaser or where services have already been performed that cannot reasonably be reversed, SEM Jacht & Schietsport shall inform the purchaser of the financial consequences of cancellation in accordance with these additional terms and conditions and applicable legislation.
4. Nothing contained in these additional terms and conditions shall limit any mandatory statutory rights granted to consumers.

Article 11 – Delay or Refusal of a Licence

1. The application for, acquisition and continued validity of any firearms licence, hunting licence, permit or other legally required authorisation shall remain solely the responsibility of the purchaser.
2. A longer processing time for a licence application shall not automatically entitle the purchaser to terminate the Agreement without cost.
3. If a required licence is permanently refused, revoked or expires before actual delivery has taken place, the parties shall consult each other in order to reach a fair and reasonable settlement of the Agreement.
4. Where the Agreement is terminated, only the administration fee, storage fees and any actual and reasonably non-recoverable costs payable under these additional terms and conditions shall be deducted.
5. If SEM Jacht & Schietsport is able to return the product to the supplier without significant damage or loss of value, this shall be taken into account when determining the final financial settlement in favour of the purchaser.

Article 12 – Failure to Collect

1. Once the purchaser has obtained the required firearms licence, hunting licence or other legally required authorisation, the regulated product must be collected within a reasonable period and no later than thirty (30) days after SEM Jacht & Schietsport has notified the purchaser that the product is ready for collection, unless otherwise agreed in writing.
2. If the purchaser fails to collect the product within this period, SEM Jacht & Schietsport shall notify the purchaser in writing or by e-mail and grant a reasonable additional period for collection.
3. If the purchaser still fails to collect the product within this additional period, SEM Jacht & Schietsport shall be entitled to terminate the Agreement in accordance with applicable law, without prejudice to its right to recover the administration fee, storage fees and any other demonstrable costs payable under these additional terms and conditions.
4. The obligation of SEM Jacht & Schietsport to store the regulated product shall end once the Agreement has been lawfully terminated.

Article 13 – Identification and Delivery

1. Actual delivery of a regulated product shall only take place after SEM Jacht & Schietsport has established that all legal requirements for transfer have been fully satisfied.
2. Upon collection, the purchaser shall present a valid proof of identity together with all legally required firearms licences, hunting licences, permits or any other required documentation.
3. SEM Jacht & Schietsport reserves the right to verify the authenticity and validity of all documents submitted before proceeding with delivery.
4. Delivery to a third party shall only take place where permitted by applicable law and provided that the third party also satisfies all legal requirements for possession and transfer.
5. If, upon collection, it is established that the legal requirements have not been fulfilled, delivery shall not take place. In such circumstances, the provisions relating to reservation and storage shall continue to apply.

Article 14 – Ownership, Custody and Legal Transfer

1. Full or partial payment of the purchase price shall not entitle the purchaser to actual delivery of a regulated product until all legal requirements for transfer have been fulfilled.
2. SEM Jacht & Schietsport shall retain custody of the regulated product until the purchaser has demonstrated possession of all legally required firearms licences, hunting licences, permits or any other statutory authorisations.
3. Actual delivery shall only take place after:
   • the full purchase price or the agreed deposit has been received in accordance with the Agreement;
   • the purchaser's identity has been verified;
   • all legally required documentation has been inspected and approved;
   • delivery is permitted under all applicable laws and regulations.
4. Until actual delivery has taken place, the regulated product shall remain in the custody of SEM Jacht & Schietsport. During this period, the provisions relating to reservation, storage, administration fees and storage fees shall continue to apply.
5. If actual delivery becomes permanently impossible due to the refusal, withdrawal, expiry or invalidity of the required licence or authorisation, the Agreement shall be settled in accordance with these additional terms and conditions.

Article 15 – Force Majeure

1. SEM Jacht & Schietsport shall not be liable for any delay in performing, or failure to perform, its obligations where such delay or failure results from circumstances beyond its reasonable control.
2. Force majeure shall include, but shall not be limited to:
   • changes in applicable legislation or regulations;
   • decisions made by police, judicial authorities or other competent authorities;
   • delays in licensing procedures;
   • import or export restrictions;
   • delivery delays or failures by manufacturers, importers or suppliers;
   • transport or customs delays;
   • industrial action or strikes;
   • war, terrorism or civil unrest;
   • fire, flooding or other unforeseen emergencies.
3. If a force majeure event continues for more than six (6) months, the parties shall consult each other with a view to reaching a fair and reasonable settlement of the Agreement.

Article 16 – Liability

1. SEM Jacht & Schietsport shall only be liable for direct loss or damage resulting directly from a failure to perform its contractual obligations for which it is legally responsible.
2. To the maximum extent permitted by law, SEM Jacht & Schietsport shall not be liable for indirect loss, consequential loss, loss of profit, loss of savings or any other financial or economic loss, except in cases of wilful misconduct or gross negligence.
3. The total liability of SEM Jacht & Schietsport shall be limited to the amount paid by its liability insurer in respect of the relevant claim, plus any applicable deductible. If no insurance payment is made, liability shall be limited to the purchase price paid by the purchaser for the product concerned, unless mandatory law provides otherwise.
4. The limitations of liability contained in this Article shall not apply where such limitations are prohibited by mandatory applicable law.

Article 17 – Final Provisions

1. These additional terms and conditions and every Agreement to which they apply shall be governed exclusively by the laws of the Netherlands.
2. Any disputes arising from or relating to these additional terms and conditions shall be submitted exclusively to the competent court in the Netherlands, unless mandatory law provides otherwise.
3. If any provision of these additional terms and conditions is found to be invalid, void or unenforceable, the remaining provisions shall remain in full force and effect.
4. The parties shall replace any invalid or unenforceable provision with a valid provision that most closely reflects the purpose and intent of the original provision.
5. In all situations not expressly covered by these additional terms and conditions, SEM Jacht & Schietsport shall act in accordance with applicable law and the principles of reasonableness and fairness.

Article 18 – Suspension and Termination of the Agreement

1. SEM Jacht & Schietsport shall be entitled to suspend performance of the Agreement for as long as the purchaser does not satisfy the legal requirements necessary for the transfer of the regulated product.
2. If, despite a written reminder or formal notice, the purchaser fails to cooperate within a reasonable period, SEM Jacht & Schietsport shall be entitled to terminate the Agreement in whole or in part, without prejudice to its right to recover any costs payable under these additional terms and conditions.
3. If, during the agreed storage period, the purchaser fails to make reasonable progress in obtaining the required licence, fails to maintain contact with SEM Jacht & Schietsport or, without valid reason, fails to collect the product, SEM Jacht & Schietsport shall be entitled to grant the purchaser a final period of thirty (30) days in writing to fulfil their obligations.
4. If this final period expires without satisfactory performance, SEM Jacht & Schietsport shall be entitled to terminate the Agreement in accordance with applicable law. Any administration fees, storage fees and other demonstrable and reasonably non-recoverable costs payable under these additional terms and conditions may be deducted from the amount already paid by the purchaser.
5. If the required firearms licence, hunting licence or other statutory authorisation is withdrawn, expires or otherwise becomes invalid before actual delivery takes place, delivery shall not proceed. The parties shall then consult each other in order to reach a fair and reasonable settlement of the Agreement.
6. If actual delivery becomes permanently impossible as a result of changes in legislation or government decisions beyond the reasonable control of SEM Jacht & Schietsport, either party shall be entitled to terminate the Agreement. In such event, only those costs payable under these additional terms and conditions and the actual costs incurred shall be taken into account in the final settlement.
7. If the purchaser dies before actual delivery has taken place, SEM Jacht & Schietsport shall consult with the purchaser's legal heirs or executor in order to settle the Agreement in a fair and lawful manner.
8. Termination of the Agreement shall not affect the right of SEM Jacht & Schietsport to recover any amounts payable under these additional terms and conditions or under applicable law.

Article 19 – Communication and Progress

1. The purchaser is responsible for providing and maintaining accurate and up-to-date contact details, including their name, address, e-mail address and telephone number.
2. The purchaser shall promptly inform SEM Jacht & Schietsport of any circumstances that may affect the performance of the Agreement, including any changes relating to the application for, issue, renewal, suspension or withdrawal of a firearms licence, hunting licence, permit or any other legally required authorisation.
3. Any communication sent by SEM Jacht & Schietsport to the purchaser's last known postal address or e-mail address shall be deemed to have been duly received, unless the purchaser can demonstrate that this was reasonably impossible.
4. A lack of communication from the purchaser shall not automatically result in an extension of the agreed storage period.
5. An extension of the storage period shall only be valid if expressly confirmed in writing by SEM Jacht & Schietsport.

Article 20 – Duty of Care and Storage

1. Throughout the storage period, SEM Jacht & Schietsport shall exercise the care of a prudent custodian and store the regulated product in a suitable and secure storage facility in accordance with all applicable legal requirements.
2. SEM Jacht & Schietsport reserves the right to relocate the regulated product to another suitable and secure storage facility where this is reasonably necessary for operational, organisational, security or legal reasons.
3. Except in cases of wilful misconduct or gross negligence, SEM Jacht & Schietsport shall not be liable for normal ageing of the product, manufacturing defects or any circumstances beyond its reasonable control.
4. If manufacturing defects or transport damage are identified during the storage period, SEM Jacht & Schietsport shall make reasonable efforts to resolve the matter in consultation with the manufacturer or supplier.

Article 21 – Amendments to the Agreement

1. Any request by the purchaser to amend an existing order, including changes to the model, calibre, configuration, finish, accessories or other product specifications, shall be treated as a request to amend the Agreement.
2. SEM Jacht & Schietsport shall not be obliged to accept any requested amendment.
3. If an amendment is accepted, this may result in:
   • a revised delivery time;
   • an adjusted purchase price;
   • additional costs;
   • a new reservation or storage period; and/or
   • the cancellation or replacement of previously agreed arrangements.
4. If an amendment results in a Special Order no longer being accepted by the purchaser, the provisions relating to Special Orders and cancellation shall continue to apply in full.

Article 22 – Processing of Personal Data and Statutory Records

1. SEM Jacht & Schietsport shall process personal data only to the extent necessary for the performance of the Agreement, compliance with legal obligations and the maintenance of proper business records.
2. For regulated products, personal data may be processed and retained where required under firearms legislation, tax legislation, the General Data Protection Regulation (GDPR) or any other applicable legal requirements.
3. Where SEM Jacht & Schietsport is legally required to provide information to competent authorities or other authorised bodies, it shall comply with such legal obligations.
4. The processing of personal data shall also be governed by the Privacy Policy of SEM Jacht & Schietsport.

Article 23 – Amendments to these Additional Terms and Conditions

1. SEM Jacht & Schietsport reserves the right to amend these additional terms and conditions where necessary as a result of changes in legislation, case law or business operations.
2. Any Agreement already concluded shall remain subject to the version of these additional terms and conditions that was in force at the time the Agreement was entered into, unless mandatory legislation requires otherwise or the parties expressly agree otherwise in writing.

Article 24 – Final Statement

These additional terms and conditions have been prepared to provide a clear, transparent and balanced framework for the purchase, reservation, storage and delivery of regulated products. Their purpose is to protect the legitimate interests of both the purchaser and SEM Jacht & Schietsport while fully respecting any mandatory rights granted to consumers under Dutch law, European law and other applicable legislation.