General terms and conditions of business
1. Scope of validity
1.1. For the commercial relationship between Sportimpex Leinert GmbH, Gewerbestraße 8, D-89542 Herbrechtingen (subsequently “seller”) and the customer (subsequently “customer”) the following General Standard Terms and Conditions are exclusively valid in the version which applies at the moment the order is placed.
1.2. A consumer is defined within these General Terms and Conditions as every natural person who signs a legally-binding business document for a purpose which cannot primarily be attributed to either their commercial business activity or their self-employed activity (§ 13 BGB).
1.3. Any deviating terms and conditons of the customer shall not be accepted unless the seller expressly agrees to their validity.
2. Offers and service descriptions
2.1. The presentation of the products in the online shop does not constitute a legally binding offer, but an invitation to submit a binding offer.Service descriptions in catalogues, as well as on the seller’s websites, cannot be characterised as an assurance or warranty.
3. Ordering process and contract conclusion
3.1. Without committing himself to a purchase, the customer may select products from the seller’s product range and place them in what is known as a shopping cart by means of the graphic interface (Your shopping cart). Afterwards the customer can, from within the shopping cart, proceed to the final stage of the ordering process via the [Continue to checkout] button.
3.2. The customer places a binding order to purchase the goods in the shopping cart by clicking the [Buy now] button. Prior to submitting the order the customer may amend and view the data at any given time. Necessary details are denoted with an asterisk (*).
3.3. The seller then sends the customer an automatic acknowledgement of receipt by e-mail, which lists the customer’s order once again. The automatic acknowledgement of receipt only documents that the seller has received the customer’s order, and does not constitute an acceptance of the offer. The offer can only be submitted and transmitted if the customer accepts the General Terms and Conditions of Business, so that these contractual conditions are accepted and are incorporated into his or her offer to purchase. The sales contract shall only then materialise if the seller despatches the goods ordered to the customer within five working days or has, in a second e-mail, by means of an express order confirmation or by sending an invoice, confirmed that the goods have been shipped to the customer withing five working days.
3.4. Should the seller allow advance payment, the contract shall materialise when the bank details are provided and the request for payment has been made. If the payment, though due, has still not been received by the seller following a further request during a period of 10 calendar days after the despatching of the order confirmation, the seller shall withdraw from the contract, with the consequence that the order is voided and there can be no obligation on the seller to deliver. The order will then be considered null and void for both buyer and seller with no further consequences. Therefore, in the case of advance payments, the article may be reserved for a maximum period of 10 calendar days.
4. Prices and shipping costs
4.1. All prices specified on the seller’s website are quoted in euros and include the respective applicable statutory VAT.
4.2. In addition to the set prices charged by the seller, there are delivery shipping costs listed separately. Errors and omissions excepted.
5. Delivery, availability of goods
5.1. Should prepayment have been agreed on, delivery will be made on receipt of the amount invoiced.
5.2. Should not all the products ordered be available, the seller shall be entitled to make partial deliveries, at its own expense, as long as that is acceptable to the customer.
5.3. Should the seller be unable to deliver the goods due to fault on the part of the purchaser after three attempts at delivery, the seller shall be entitled to withdraw from the contract. Any payments already made will be returned to the customer without delay.
5.4. If the ordered product is not available due to the fact that the seller is not supplied with this product without own negligence than the seller is able to withdraw from the contract. In this case the seller will inform the customer immediately and will suggest if needs be suggest the delivery of a similar product. If no similar product is available or if the customer does not want a similar product to be delivered, the seller will, if applicable, refund the customer immediately all the money already paid.
5.5. Customers will be informed on the delivery time and any delivery constraints (for examples, limitation of deliveries to certain countries) shown on a separate information sheet or within the respective product description.
6. Methods of payment
6.1. The customer may choose one of the payment options available during and prior to concluding the ordering process. He or she may effect payment by bank transfer (prepayment), using a credit card or via PayPal. In the case of payment via Paypal, its General Terms and Conditions of Business shall apply. Payments are to be made within 20 days of receipt of the invoice, without any cash discounts or other deductions. If the payment deadline is passed, the customer is considered in default without any further reminder for payment. In this case the seller is entitled to charge interest at the statutory rate in accordance with § 288 BGB, German Civil Code. The assertion of any proven further damage caused by delay shall not in any way be affected by this.
6.2. An offset of claims is possible only with the written consent from the seller or if the claims have been settled legally.
6.3. The customer has the right to compensation only if his counterclaims are settled legally or recognized by the seller. The customer can only exercise a right of retention insofar as the claims arise from the same contractual relationship.
7. Retention of ownership
Until payment for the goods ordered has been made in full, the goods supplied shall remain the seller’s property.
8. Guarantee for material defects and warranty
8.1. The guarantee is determined in accordance with the statutory provisions.
8.2. A warranty shall only exist for the goods supplied by the seller if the latter has explicitly been given. Customers will be informed of the guarantee terms before the initiation of the processing of the order.
9.1. The following disclaimers and limitations is applicable to any liability of the seller for damages without prejudice to other legal requirements to entitlement.
9.2. The seller shall be unconditionally liable in so far as the cause of the damage is based on wilful intent or gross negligence.
9.3. Furthermore, the seller is liable for the negligent breach of obligations, which jeopardizes the purpose of the contract, or for the violation of obligations, the fulfillment of which renders an effective execution of the contract and on whose fulfillment the customer regularly relies. In this case, however, the seller is liable only for the foreseeable, typical damage. The seller is not liable for the negligent breach of obligations other than those mentioned in the preceding clauses.
9.4. The above limitations shall not apply in the case of injury to life, limbs, and health, or to any defect with the provision of a guarantee for the quality of the product and in the case of fraudulently concealed defects. The liability under the Product Liability Act remains unaffected.
9.5. As far as the seller’s liability is excluded or limited, this also applies to the personal liability of employees, representatives, and agents.
10. Saving the text of the contract
10.1. The seller shall forward to the customer an order confirmation e-mail containing all the order details to the e-mail address specified by the customer. The customer shall, furthermore, receive a copy of the General Terms and Conditions of Business along with the order confirmation, as well as information concerning the right of revocation and notes on the shipping charges, as well as the terms and conditions of delivery and payment. In so far as you are a registered customer and have created a customer profile in our shop, you can view your placed orders in your customer profile. In addition, we save the content of the contract; however, it is not made available on the Internet.
11. Data privacy
11.1. The seller will handle the customer’s details in accordance with the statutory provisions and only for the purpose of fulfilling the contract.
11.2. The personal details submitted for the purposes of placing the order (such as name, email address, address, payment data) will be used by the seller to execute the order. Such data is to be handled confidentially and is not to be passed on to any third parties not involved in the ordering, delivery or payment procedures.
11.3. The customer shall be entitled to enquire about the personal data that the seller has stored about him or her. In so far as no statutory archival obligation exists specifying anything to the contrary, he or she shall also be entitled to have incorrect details corrected, or to have his or her personal details blocked or deleted.
11.4. Further information on the nature, scope, location and purpose of the recording, processing and use of the personal details required by the seller is to be found in the data privacy statement.
12. Place of jurisdiction, applicable law, contractual language
12.1. If the customer is a merchant, legal entity of public law or special fund under public law the place of jurisdiction and performance shall be the seller’s registered location.
12.2. German law shall apply, subject to exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). The applicability of the mandatory standards of the state in which the customer has his or her usual place of residence upon concluding the contract shall not be affected by this choice of law.
Should any clauses of this agreement be invalid or lose their validity, the rest of the agreement shall remain valid. A provision that comes closest to the intention of the contracting parties shall take the place of the invalid clause.
12.3. The contract language shall be German.