Privacy Policy

​Kaminski Archery's Principles of Privacy on the Internet

Thank you for visiting our website and for your interest in our products and services. Throughout this statement – when we write Kaminski Archery, we, or us, we are referring to Kaminski Archery LLC and Finstermnn Engineering GmbH, including its subsidiaries and other affiliates. We would like to provide the best experience for you. We want to learn from our customers and business partners to provide you with individual products and services as needed. We assure you that we take the protection of your data seriously. In this statement, we explain to you who is responsible for your data, what information we collect about you and why, what we do with that information, how long we store your data, and how we handle the collected information.

We comply with the legal provisions of the Austrian Telecommunications Act (TKG) and the Federal Act concerning the Protection of Personal Data (Datenschutz-Anpassungsgesetz 2018), the regulation 2016/679 of the European Parliament (General Data Protection Regulation) and all applicable state and federal privacy laws of the United States.

The controller in compliance with the General Data Protection Regulation is:

Kaminski Archery, LLC & Finstermann Engineering GmbH 

You can reach customer service at via email at Support@KaminskiArchery.com. Feel free to also use our contact form on our website.

Collection, Processing and Storage of Personal Data

What information does Kaminski Archery collect about me?

When you visit our website, contact us, or use our services, we collect information relating to identified or identifiable natural people. This data is referred to as “Personal Data”. We also collect “Non-Personal Data”, this kind of information is stored in a manner that cannot be linked back to you (e.g. by anonymization).

How does Kaminski Archery use this information?

We use your data for contractual purposes only. We use your data to answer your questions and requests. We block your data for further usage when we have completed your order or have gotten your claim for deletion. We will erase it after the expiry of the legal, fiscal, and commercial regulations. Providing you did not explicitly agree to the further use of your data. We have the legal obligation to store your data for 10 years for all purchased products manufactured by Kaminski Archery. Data related to purchased products and accessories not manufactured by Kaminski Archery are stored for 7 years. They will be erased after the expiry of the legal, fiscal, and commercial regulations – Providing you did not explicitly agree to the further use of your data. Data related to service procedures and retrofits are stored 30 years to support you in case of hidden defects.

We reserve the right to use your data within the legal framework. You will be informed about any use of your data within these conditions of use.

We use your data also to tailor offers and service procedures for you.

How do I see which information Kaminski Archery has about me?

Please contact our customer service agent (Contact details are available in the section “Controller of Personal Information”) for exercising your Right to Access. Please be informed that we might ask you for proof of identity.

What if I want Kaminski Archery to stop using my data?

Please send a message to our customer service center (Contact details are available in the section “Controller of Personal Information”).

What other data does Kaminski Archery store about me?

Customer and Supplier Documentation

We store data, documents, pictures, and drawings you send to us regarding offers. We store our offers, communication with you, bills, and documents related to you. We use your data lawfully based on your consent (Art. 6 (1) a GDPR), for preliminary contractual preparation, contractual performance  (Art. 6 (1) b GDPR) and within our legitimate interest (Art. 6 (1) f GDPR), mainly but not limited to marketing purposes.

Applicant and Employee Data

We will use and retain your data to enable us to run the business and manage our relationship with you effectively, lawfully, and appropriately, during the recruitment process, and while you are working for us. If you send us a spontaneous application, we will store your data until your withdrawal. We delete data from unsuccessful applicants 7 months after we appointed our new team members.  We use your data lawfully based on your consent (Art. 6 (1) a GDPR) and for preliminary contractual preparation, obligation, and contractual performance (Art. 6 (1) b GDPR).

Storage of Access Data in Server Log Files

You can visit and use our website with no need to disclose your name or your contact details. You will remain anonymous during your visit unless you voluntarily enter your personal information when you place an order or open an account. We gather different types of information, like the information you give to our company, automatic information, and email communications.

To improve our web services for you, we use mostly automatic information. Therefore, we store access data in so called server log files.

The stored data include:

• Name of the visited website
• Name of the retrieved/ accessed files
• Date and time of access
• Volume of data
• Protocol on successfully processed request type of web browser, including version and operating system
• Referrer URL
• IP address and the provider

Occasionally we get an email from an observant customer, who reports an inconvenience while visiting our website. All information is used for statistical analysis, improvement of our performance, security procedures and error detection only.

We reserve the right to check the log files if the legitimate doubt arises that illegal activities have been committed or any unlawful use is likely possible.

If you breach any of our conditions and we take no action, we still are entitled to use our rights and remedies in any other situation where you breach our terms. We store and use your data for preliminary contract preparation, and contract execution (Art 6 (1) b GDPR).

You voluntarily provide information when you open an account, buy products, or communicate with our customer service center. For example, you provide information when you: use the contact form or write us an email. The needed data are defined within the respective forms.

When we enter into a business relationship with you, we store the following data:

• Company, name, accessibility and availability, like address, business hours, phone numbers, email addresses
• Data gathered during consulting sessions, like type of gas turbine used, service routines, planned investments
• Legal structure, sector and size of your company
• Technical (master) files

We store and use your data for preliminary contract preparation, contract execution based on Art 6 (1) b GDPR.

Comments, Reviews and Other Contributions

You may post comments, reviews, or contribute in another way to our website or services, in this case, your IP address will be saved. We will process none of the collected data unless your comments or contributions contain illegal contributions, included but not limited to insults or forbidden propaganda. In such cases, Kaminski Archery may be subject to legal prosecution and reserves the right to process the data to reveal the author’s identity.

Google reCAPTCHA

We use Google Invisible reCAPTCHA on our website to prevent spam (from now on referred to only as "reCAPTCHA"). Google Inc., 1600 Amphitheatre Parkway Mountain View, CA 94043, USA T provides this service.

This service ist used in compliance with Article 6 (1) f GDP to protect our website against abusive automated programs, including so called bots and spam.

reCAPTCHA is a free service that protects websites from spam and ill-usage. reCAPTCHA uses artificial intelligence and advanced risk analysis to segregate humans and bots. Therefore, ReCAPTCHA analyses the action of the website visitor. Various programmed characteristics help the software to decide who is who. We use reCAPTCHA to secure our contact forms. The analysis of the collected data will be forwarded to GOOGLE.

For more information about Google reCAPTCHA and Google's privacy policy in general, please visit https://policies.google.com/privacy?hl=en

We process your data based on Art 49 (1) a GDPR (consent), Art 49 (1) b (pre-contractual measures, execution of a contract), Art 96 (3) TGK 2003.

Google Analytics

This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses cookies, which are text files placed on your computer, to help the website analyze how users use the site. The information generated about your use of the website (including your IP address) may be transmitted to and stored by Google on servers in the United States. When you activate the option “IP-anonymization” for our website, your IP-address will be shortened within one of the member states of the European Union. Google will use this information to evaluate your use of the website, compiling reports on website activity for website operators, and providing other services relating to website activity and internet usage. Google will not associate your IP address with any other data held by Google.

You may refuse using cookies by selecting the appropriate settings on your browser. You may not be able to utilize the full functionality of this website when disabling cookies.

For detailed information please visit:

https://support.google.com/analytics/answer/6004245?hl=en

We have amended the Google Analytics code (‘set’, ‘anonymizeIp’, true) to enable anonymized storage of IP-addresses (called IP-Masking) for all our visitors.

We process your data based on Art 49 (1) a GDPR (consent), Art 49 (1) b (pre-contractual measures, execution of a contract), Art 96 (3) TGK 2003.

Google may also transfer this information to third parties where required to do so by law or where such third parties process the information on Google’s behalf.

Links to Websites of Other Providers

Our websites may contain links to other websites, which are not covered by our privacy statement. As to how other providers gather, process, or use personal data during the visit on their website, please check the privacy policy of that respective provider.

Social Media

Apart from our websites, we maintain presences on various social media platforms. If you visit our profile, personal data may be transmitted to the provider of the social network. It is possible that in addition to the storage of the data you have entered in your social media account, other information may also be collected, processed, or used by the provider of the social network. Additionally, the social network provider collects, processes, and uses the essential / most important data of the device you are using for visiting the social media platform, for example, your IP-address, your browser version, and plugins. If you are logged into your social media account while visiting the respective platform, the platform can assign your account to ours. If you want to prevent this from happening, please sign off from your account before visiting our profiles.

Which rights do I have?

You have the following rights concerning your data:

• Right of access (Art 15 GDPR)
• Right of rectification (Art 16 GDPR)
• Right of erasure (to be forgotten, Art 17 GDPR)
• Right to restriction of processing (Art 18 GDPR)
• Right to data portability (Art 20 GDPR)
• Right to object (Art 21 GDPR)

You may exercise your right to object to the processing of personal data, which is based on point (e) or (f) of Article 6(1) GDPR at any time if you have reasons within the meaning of Art 21 GDPR. We will ask you to give a statement explaining your reasons. After examination, we will stop or adapt our data processing. We may even show to you that we have compelling reasons to proceed with data processing. We will continue processing data to assert, exercise, or defend legal claims. If you object to data processing for marketing and data analysis, we will stop processing your data for this particular reason.

How do I exercise my rights?

If you think that our data processing violates data protection laws or your rights, you may file a complaint with the competent supervisory authority.

Please send your complaint to:

• In the United States
• • Federal Trade Commission - Online Complaint Assistant or call (877) FTC-HELP (1-877-382-4357)
• In Austria
• • Österreichische Datenschutzbehörde, Barichgasse 40-42, 1030 Wien Telefon: +43 1 52 152-0 E-Mail: dsb@dsb.gv.at

Does Kaminski Archery share the collected data?

We share customer information only to the extent that is necessary to fulfill your order. We employ other companies and individuals to perform parts of our contract with you. For example, we will share your information with the shipping company if you requested us to ship your products. We have to share certain information with payment service providers depending on the payment method you have chosen.

If you have an account with the selected payment service provider, the required data will be collected by the payment service provider itself. You are requested to log into your account with the payment service provider.

Please be informed while performing this procedure the privacy statement of the payment service provider is applicable. These companies and individuals will get access to your data, but may not use it for other purposes. We take particular care that all parties we share your personal information with process it following the applicable data protection laws.

Sometimes we have to share some of your information with our suppliers to manufacture tailor-made products or consultants to design the best way to support you. Only Non-Personal Data is shared in this process. We also share your data with authorities, customs, and our tax consultant to obtain approvals and manage export matters for you.

We process your data based on Art 6 (1) a GDPR (consent), Art 6 (1) b (pre-contractual measures, execution of a contract), Art 6 (1) c (compliance with a legal obligation), Art 6 (1) f GDPR (legitimate interest).

Is our website accessible for everyone?

We are always keen to ensure access to information and services for everybody. Unfortunately, this cannot be guaranteed with the current technical means.

Our team is committed to complying with the standards WCAG 2.0 AA of WAI / W3C.

Our website contains PDF files. You can download the PDF reader from Adobe®. We are working continuously to improve accessibility to PDF files. With the available resources, a barrier-free access to PDF documents cannot be fully guaranteed yet. Please let us know if you have troubles with one of our documents. We will prepare any older documents in PDF format on request.

What do I do when I experience barriers?

Our services are continually being upgraded and expanded. Usability and accessibility are vital to us. Hence, if you notice any technical hurdles or any other type of obstacles while using our services, please do not hesitate to contact us. Please send your questions and suggestions to Support@KaminskiArchery.com.

We will be happy to explain our services to you through other channels. For further information, please visit the website of the Austrian arbitration board. Schlichtungsstelle für Behindertengleichstellung des Sozialministeriums

Equal Treatment

We believe in equal treatment and strive to use gender-neutral language. If this is impossible, the chosen words shall be held equal to both sexes.

Is this Privacy Statement valid forever?

Kaminski Archery, as well as laws, change from time to time. In the future, it might be necessary to alter or amend our Privacy Statement to stay in compliance with the applicable data protection rules. 

Our Contact Details

If you have questions which information we have saved about you, please do not hesitate to contact our customer service, as stated below. If needed we will amend, correct, block or delete your personal information.

Cookie Policy

Cookies are small bits of text sent by our servers to your computer or device when you access our services. They are stored in your browser and later sent back to our servers so that we can provide contextual content. Without cookies, using the web would be a much more frustrating experience. We use them to support your activities on our website. For example, your session (so you don't have to login again) or your shopping cart.

Cookies are also used to help us understand your preferences based on previous or current activity on our website (the pages you have visited), your language and country, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.

Here is an overview of the cookies that may be stored on your device when you visit our website:

You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. Each browser is a little different, so look at your browser's Help menu to learn the correct way to modify your cookies.

Our web host not currently support Do Not Track signals, as there is no industry standard for compliance.

General Terms & Conditions

1. Scope of application

1.1 We address our services to individuals within the meaning of paragraph 1 of the Austrian Commercial Code (UGB) who act within the scope of their business activities (B2B). 

1.2 This TCS applies to legal transactions between companies and individuals, particularly for the delivery of goods and mutatis mutandis, for the provision of services. These TCS apply to all stages of our legal transactions unless we expressly agree in writing otherwise. They shall also apply to all other services which we provide accordingly. 

1.3 General terms and conditions of the Buyer shall only be effective if we have expressly confirmed their applicability in writing, even if they do not conflict with our TCS. Any exclusion of our TCS and any amendments or supplements thereto by the Buyer shall only be effective if we have expressly agreed to this in writing. 

1.4 If any provision in this TCS is or becomes invalid, the validity of the remaining provision shall not be affected. 

1.5 Definitions 

1.5.1 Buyer: means any ordering party, purchaser or other contractual partner of Kaminski Archery; 

1.5.2 Supplier: means Kaminski Archery LLC and Finstermann Engineering GmbH (in short Kaminski Archery, we or us); 

1.5.3 Offer: means any cost estimate or offer by Kaminski Archery and any similar request to the Buyer to submit an offer (or an Order) to Kaminski Archery; 

1.5.4 Order: every offer made to Kaminski Archery by the Buyer for the conclusion of a contract; 

1.5.5 Conclusion of the contract: means the consent between the Buyer and Kaminski Archery concerning the Order; 

1.5.6 Purchase order: means any kind of intended or concluded contract between Kaminski Archery and the Buyer; 

1.5.7 Goods: means the performance to be rendered by Kaminski Archery following the requirements of the respective order (object of the contract); in particular any item to be delivered by Kaminski Archery ; 

1.5.8 Delivery: means the performance of the service owed by Kaminski Archery ; 

1.5.9 Order value: means the actual or anticipated invoice amount; 

2. Offer 

2.1 We base all our Offers on this TCS. All Offers are nonbinding and subject to change unless we expressly state a certain commitment period in writing. 

2.2 All documents, especially but not limited to documents issued with Offers, such as illustrations, drawings, descriptions, dimensions, and weights, are non-binding and only close approximations unless explicitly termed as binding. There may be changes due to new technologies, experiences, and improvements. In particular, no warranty or liability claims can be made based on the documents provided in an Offer. 

2.3 Concepts, plans, sketches, estimates, and other materials such as brochures, samples, product descriptions, and similar documents remain our sole intellectual property. Any use, especially but not limited to forwarding, copying, publishing, and distribution, even partially, requires our express consent. We reserve the right to demand the return of all our documents if you place an order with another company. 

2.4 Unless otherwise agreed, our prices include other price components but are calculated without taxes in Euro (€) or USD ($). We invoice taxes as applicable on the day we send you our invoice. Unless otherwise agreed, our prices don't include transport and customary packaging (EXW Steyrermühl, Incoterms 2020). Any transport, import or export fees are not included in the price calculation and shall be covered by the Buyer unless otherwise agreed upon. The Buyer shall also be deemed to bear the risk for the transport unless otherwise agreed. 

2.5 The prices offered are valid for the current Offer only. Offers shall apply exclusively for the country of destination specified by the Buyer. You are liable for all prejudice and claims against us due to the use of the products supplied outside such country. Unless otherwise agreed, interpretation of contract terms customary in the trade shall be governed by the Incoterms 2020, including the supplements valid at the time when the contract is concluded. 

2.6 The Supplier shall be entitled and, at the request of the Buyer, obliged to adjust the contractually agreed fees once a year. The basis for the change of services is the collective agreement for employees in the metal industry, and for products and materials, the consumer price index published monthly by Statistics Austria (CPI 2015=100) or an index replacing it. The adjustment shall be made to the extent that the actual production costs at the time of the conclusion of the contract change compared to those at the time of the actual performance of the service, provided that the Supplier is not in default. 

3. Order Confirmation, the Conclusion of the Contract 

3.1 The contract is concluded when we send you an order confirmation or your Goods, depending on which event occurs earlier. 

4. Service, Terms of Payment 

4.1 Unless otherwise agreed, advance payment is deemed to be agreed upon. The Buyer agrees to release payment of the agreed amount upon conclusion of the contract. 

4.2 The delivery period shall commence at the latest of the following events: 

4.2.1 Date of the order confirmation 

4.2.2 The date of completion of all requirements by the Buyer, irrespective of the nature of these requirements; 

4.2.3 The date on which Kaminski Archery receives a deposit or advance payment or other security. 

4.3 We will deliver within a reasonable period unless a specific delivery period has been agreed upon. 

4.4 If the delivery is delayed due to reasons within the reasonable control of the Buyer, delivery shall be deemed to have been fulfilled at the time of the agreed collection date. From this time onwards, the risk for the Goods is transferred to the Buyer. 

4.5 The Buyer shall reimburse the storage costs for storage at our facilities if the Buyer is responsible for any delayed delivery. 

4.6 If either party suffers a delay in performance or delivery due to any cause beyond their reasonable control, the time for delivery and performance shall be extended to a period equal to the period of delay and its consequences. These circumstances include but are not limited to force majeure, such as armed conflicts, official interventions and prohibitions, transport and customs delays, transport damage, energy and raw material shortages, pandemics, labor disputes and the loss of a major supplier who is hard to replace. These aforementioned circumstances also entitle the Supplier to extend the delivery period if they occur with suppliers of the Supplier. 

4.7 We reserve the right to make partial deliveries and to submit corresponding partial invoices. Unless otherwise agreed, payment terms for partial deliveries are net upon receipt of the invoice. 

4.8 If the parties agree to a trial operation in the Order, the trial operation must be completed before acceptance. The acceptance by the Buyer shall be deemed complete if the Goods and Services are used commercially. 

4.9 All payments shall be made to the payment agency determined by the Supplier without any deduction and free of charge. Payment terms are considered as adhered to if the Supplier can dispose of the full amounts within the agreed period. Any expenses or interest that may arise in connection with the payment shall be borne by the Buyer. 

4.10 Payments received from the Buyer may be used to settle other open balances. Other than that, payments are settled in the following order: interest, costs, the capital. 

4.11 The right of retention, as well as any set-off by the Buyer, is excluded. 

4.12 If the payment of the Buyer is late, we may, without prejudice to our right, 

4.12.1 charge the statutory default interest from the due date, unless we can claim greater damages. Pursuant to § 456 of the Austrian Commercial Code (UGB), the corporate default interest rate shall be 9.2 percentage points above the base interest rate of the Austrian National Bank per annum. 

4.12.2 demand immediate payment of all open balances from the current and any other transactions and charge default interest if delay as stated in 4.12.1. 

4.12.3 set your payment conditions after two delays to prepayment only. 

4.12.4 to withdraw from the contract in the event of a partial default or an instalment payment agreement, setting a reasonable period of grace and, in the event of culpable default, to additionally claim non-performance damages. 

4.13 If the Buyer suspends payment, is over-indebted, or subject to any bankruptcy-related proceedings, all outstanding balance shall become due immediately. The same shall apply if the Buyer is experiencing any significant financial deterioration. 

4.14 The Buyer shall compensate for costs incurred for dunning fees and expenses of payment collection. The Buyer will also reimburse reasonable feed of debt collection agencies or lawyers. If we decide to operate your customer account ourselves, we charge Euro 40,00 as a lump-sum compensation for operating costs within the meaning of § 458 of the Austrian Commercial Code (UGB). 

5. Retention of Title 

5.1 The Goods supplied shall remain our sole property until all debts have been paid in full, including interest and expenses. The Buyer shall neither lien nor transfer the ownership of the reserved goods as a guarantee. 

5.2 A retrieval of our Goods doesn't equal a declaration of withdrawal from the contract unless otherwise expressly declared. 

5.3 We are entitled to retrieve the Goods at any time at your expense without your approval if you fail to fulfill your contractual obligations, which includes partial delay in payment. 

5.4 You may sell, mix, or lease the Goods on reasonable commercial terms and assign all current or future claims arising from the resale, combination, or leasing to us. The assignment shall extend to balance claims based on current account relationships or upon the termination of such relationships between the Buyer and his customers. We are entitled to notify any third-party debtors about the assignment. 

5.5 If you resell or rent the Goods in a bulk or package deal, you will assign to us the corresponding part of the agreed price, which equals the value of the Goods. The assignment shall have priority over any other remaining claim. 

5.6 If the Buyer complies with his payment obligation and no detrimental change occurs in his financial standing, the Supplier will not collect the debts assigned. If the reservation of ownership in the foregoing form is not effective under the law of the country of destination, the Buyer must cooperate in establishing a similar security right complying with the provisions of his country in favor of Kaminski Archery. 

6. Warranty 

6.1 For any defects in the products supplied, including the absence of promised characteristics, Kaminski Archery shall be liable in such a way that he will repair or replace at his option all parts in which defects are proved to have arisen within 24 months or 36 months from the date of production, whichever event occurs first – without regard to the duration of the operation – after the date of transfer of risk owing to any circumstance before the transfer of risk, in particular parts which become unusable due to faulty construction, inferior material or defective execution or the usefulness of which is considerably impaired. The warranty conditions for software can be found in Clause 8. If we sell refurbished or used goods, we provide a 3-month warranty if the goods are classified by us as operational. Warranty is excluded for unchecked used goods or goods that have been classified as non-functional. 

6.2 The Buyer must report defects affecting the functionality of the Goods within eight days in writing to Kaminski Archery, including a detailed description and submission of all documents or data required for the assessment of the defect and its causes. The warranty period starts either with the transfer of risk to the Buyer or in case of default in acceptance, with the announcement of our readiness to hand over the Goods. If the Buyer fails to notify Kaminski Archery of the defects in good time, the Buyer shall lose all claims, in particular warranty claims and compensation for damages. The Buyer shall compensate costs caused by unjustified or unconditional notices of defects to us. 

6.3 Defects that could not be detected even after careful inspection (hidden defects) shall be notified by the Buyer within a reasonable period after they have been detected - however, notifications must be sent to the Supplier within a maximum of three months after the first opportunity for inspection. 

6.4 In the event of timely notification of defects, we shall remedy the defect by repairing the defect-free of charge or by adding the missing part. The Buyer shall grant us the necessary time and opportunity to remedy the defect to a reasonable extent. If the Buyer refuses to do so or if this time and opportunity are unreasonably shortened, we shall be released from the obligation to rectify the defect. 

6.5 In case the defects are not remedied within a reasonable time, or if the repairs fail to remedy the defects, the Buyer is entitled to claim the right of abatement (reduction of purchase price). 

6.6 The Buyer will provide the necessary devices, equipment, or support staff free of charge during work to remedy any defect. The retrieved parts are the property of Kaminski Archery. 

6.7 If Kaminski Archery manufactures goods based on specifications, drawings, designs, models, or other information provided by the Buyer, our liability shall be limited to the proper execution following the Buyers requirements. 

6.8 Further warranty rights of the Buyer are expressly excluded. In particular, defects resulting from installation or assembly which is not executed by Kaminski Archery, insufficient settings or calibration, usage for parts beyond the performance specifications, negligent or incorrect handling, and use of unsuitable operating materials. This also applies to defects that are due to defects of material in materials provided by the Buyer. We do not accept any liability whatsoever for defects or damage of any kind resulting from atmospheric discharges, overvoltage, and chemical influences. The warranty does not apply to parts that are subject to natural wear and tear or for deviations in dimensions, weight and quality customary in the trade or tolerated by the applicable standards. 

6.9 The warranty expires immediately if the Buyer himself or a third party makes changes, repairs, or revisions without our written consent. 

6.10 The application of § 924 ABGB (presumption of defectiveness) and § 933b ABGB (special recourse) is expressly excluded. 

7. Property Rights 

7.1 Per the following provisions, we grant that the goods - except for any circuits used in them - are free of third-party industrial property rights. Provided that the Buyer informs us without delay of the assertion of claims arising from industrial property rights which third parties assert against it and that the Buyer acts in agreement with us in enforcing his rights against the third party. The violation of even one of these conditions releases us from any liability. 

7.2 If there is an infringement of industrial property rights of third parties for which we are liable and if the Buyer is therefore legally prohibited from using the goods in whole or in part, we may at our own expense and our discretion either 

7.2.1 procure for the Buyer the right to use the goods or 

7.2.2 design the goods free of industrial property rights or 

7.2.3 replace the goods with another object of equivalent performance which does not infringe any property rights, or 

7.2.4 take back the goods against a refund of the price. 

7.3 If the Buyer makes changes to the goods, installs additional equipment, or connects the goods with other equipment or devices and in this way infringes the industrial property rights of third parties, any liability of the Seller of any kind shall lapse. 

7.4 Likewise, we shall not be liable for the infringement of third-party industrial property rights for goods manufactured according to drawings, developments, or other information provided by the Buyer. In this case, the Buyer shall indemnify us at his own expense against any claims of third parties and shall hold us completely harmless in this respect. 

7.5 Any claims of the Buyer beyond the claims mentioned above (Clauses 7.1. - 7.4.), regardless of their nature, are expressly excluded. In particular, we assume no liability for consequential damages, such as loss of production and use, as well as for the loss of profit. This does not apply in so far as our liability is mandatory by law. 

7.6 The Buyer does not acquire any claims for the use of industrial property rights available to us, which concerns the interaction of the goods with other objects. 

8. Software

8.1 Kaminski Archery does not guarantee the functionality, compatibility, and interface suitability for third-party software programs. 

8.2 The warranty period for software is six (6) months. 

8.3 The use of anti-virus or security-related software on the end device can lead to limitations in the performance and functionality of the software. Necessary protective measures for the hardware and software are to be taken by the Buyer within the framework of network security. 

8.4 Kaminski Archery assumes no liability for the loss of data. All data must be backed up before updates of any kind. Particularly in the case of updates/upgrades of operating systems/anti-virus programs and of the same, the functionality of the software must be checked after each update. If the software contains archiving and recording functions, the Buyer is obliged to check and maintain the software and the data stock regularly. 

8.5 The Buyer must check the time synchronization in applications with archiving and recording functions. The time synchronization must be checked at the latest when system updates are implemented. The Supplier excludes any liability for inconsistent data based on inadequate time synchronization. Services in connection with these errors must be ordered separately by the Buyer. 

8.6 The warranty is limited to reproducible defects documented in writing. 

8.7 Defects that are based on the provision of or cooperation by the Buyer or a violation of the Buyer's obligations are excluded from the obligation to remedy defects free of charge. 

8.8 The warranty shall expire immediately if the Buyer himself or a third party makes changes, repairs or revisions, both to hardware and software, without our written consent. 

9. Copyrights

9.1 Kaminski Archery grants the Buyer a non-exclusive license to use the software products or products with firmware. 

9.2 The copyrights to the products, including the associated documentation, are held by Kaminski Archery. 

9.3 The Buyer shall have the exclusive right to use the purchased software or the products with firmware as intended by Kaminski Archery. 

9.4 The Buyer is not permitted to decompile, reverse engineer, translate, integrate or adapt either individual components or the entire software application or firmware application. The same shall also apply to the reversion of the machine code into a readable, modifiable or derivable form. 

10. Damages

10.1 To the extent as we are liable for damage, we shall only be liable for intent and (gross) negligence. This limitation does not apply to personal injury. 

10.2 The Buyer may no longer assert claims for damages after the expiry of six months from knowledge or the possibility of knowledge of the damage. 

10.3 We assume no liability for the correctness, completeness and content of the information provided. 

10.4 Our liability for damages for personal injury and property damage shall be governed by the statutory provisions, unless otherwise provided for in separate written agreements or the present TCS; however, liability for property damage shall be limited to € 130,000.00 per damaging event and a total of € 260,000.00. 

10.5 Recourse claims brought under the title of product liability within the meaning of the Product Liability Act (PHG) shall be excluded if the party entitled to recourse does not prove to us that the defect was caused by the Seller's fault or at least by gross negligence. 

10.6 Any other and further liability, in particular for mere financial losses and loss of profit, is excluded. This does not apply in so far as our liability is mandatory by law. 

10.7 The right to rescind the contract due to a reduction by more than half pursuant to § 934 ABGB (laesio enormis) is excluded. 

11. Buyer Items 

11.1 If the Buyer sends products or samples to the Supplier for processing, these shall be held in custody until the completion of the Order. 

11.2 For products that cannot be returned to the Buyer despite the request to take them back, the Supplier can charge a monthly amount of € 10.00 plus VAT for safekeeping. 

12. Export and Foreign Trade Law 

12.1 Depending on the final purpose and destination of our goods, an approval requirement may arise. 

12.2 All offers are subject to the provision that no national or European export regulations, in particular, but not exclusively, AWG, AWV, Dual-Use VO, KWKG, embargo rights, and customs control laws, as well as the regulations of the US export and re-export are in conflict with the Offer. 

12.3 The Buyer is obliged to obtain all necessary permits. If the approval is not obtained in time, the delivery time will be extended accordingly. 

13. Place of Performance, Place of Jurisdiction 

13.1 The place of performance for all payments is Steyrermühl, even if the handover of the goods or the provision of another service takes place at a different location as agreed. 

13.2 The place of performance for all other legal and contractual claims is, at our discretion, our company headquarters or our warehouse. 

13.3 For services, the place of execution of the services is the place of performance. In this case, deviating statements in the Order confirmation are subordinate. The risk shall pass to the Buyer upon the performance of the agreed (partial) service. 

13.4 The place of jurisdiction for all disputes arising from the order, its formation, its execution, and its cancellation is the competent court in Wels, Austria. Kaminski Archery reserves the right to sue at any other place of jurisdiction. 

14. Confidentiality and Secrecy

14.1 Business information of any kind which the ordering party and Kaminski Archery share, receive, or otherwise is to be treated as a business secret by the respective other contracting parties. An exception to this rule is information that is already publicly known at the time the information was shared.

15. Data Protection 

15.1 Kaminski Archery complies with the applicable data protection laws, in particular the GDPR. Our privacy statement can be found at https://www.turbineservices.at/privacy.php. 

16. Final Provisions

16.1 Amendments to these TCS shall only be effective if they have been confirmed in writing by both Parties. 

16.2 All agreements and any amendments thereto, as well as all declarations to be made based on the agreements concluded, shall only be effective if made in text form, whereby declarations made by fax and e-mail shall be deemed to be in text form, but not in writing. 

16.3 For all contracts conducted with our headquarters in Austria, all contractual relations shall be governed by the Law of the Republic of Austria except for the application of the Hague Conventions of 01.07.1964 relating to Uniform Laws concerning the International Sale of Goods. This also applies to the question of validity, applicability, and interpretation of these General Terms and Conditions for business, sales, and services (TCS). 

16.4 For all purposes, the German language version of this TCS shall be the original governing instrument and understanding of the Parties. In the event of any conflict between the German language version and any subsequent translation into any other language, the German language version shall govern and control. 

16.5 The foregoing provisions apply to deliveries made abroad. Services carried out abroad shall be governed by Kaminski Archery, General Conditions for Services Abroad in their version valid at the time in question.

Imprint

Finstermann Engineering GmbH 

Manager: Thomas Finstermann​

Support@KaminskiArchery.com

www.KaminskiArchery.com

Corporation Under Public Law

• Shareholder: Thomas Finstermann
• Legally represented by: Thomas Finstermann
• EORI-No.: ATEOS1000134495
• VAT-No.: ATU79419238
• Date established: 16.03.2023
• Company registration number: FN 601429 f
• Commercial court: Landesgericht Wels
• Authority acc. ECG: Bezirkshauptmannschaft Gmunden
• Chamber membership: Wirtschaftskammer Österreich

Registered Businesses:

• Iron and hardware trade for machinery, computer systems, technical and industrial needs in compliance with Article 94 b Number 12 Austrian Trade Act 1994

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