General terms and conditions of business

1.Scope

The following general terms and conditions apply to all orders placed via our online shop by consumers and entrepreneurs.

A consumer is any natural person who concludes a legal transaction for purposes that cannot be attributed predominantly to their commercial or independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they will only become part of the contract if we have expressly agreed to this.

2. Contractual partners, conclusion of contract

The purchase contract is concluded with Sport Depot GmbH.

The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalog. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the information provided for this purpose during the ordering process and using the correction aids explained. By clicking the order button, you place a binding order for the goods contained in the shopping cart. You will receive confirmation of receipt of your order by email immediately after submitting the order.

We accept the order by means of a separate order confirmation or by sending the goods. An order confirmation sent by us to the customer by email does not constitute a legally binding acceptance of the contract. Acceptance of the contract requires that the manufacturer delivers the product itself. If we are unable to deliver to the manufacturer for reasons for which we are not responsible, we are entitled to cancel the order in whole or in part.

3. Contract language, contract text storage

The languages ​​available for concluding the contract are German and English.

We save the contract text and send you the order data and our general terms and conditions in text form. For security reasons, the contract text is no longer accessible via the Internet.

4. Delivery conditions

In addition to the stated product prices, shipping costs may apply. You can find more information about possible shipping costs in the offers.

5.Payment

The following payment methods are available in our shop:

payment in advance

If you choose to pay in advance, we will send you our bank details in a separate email and deliver the goods after receipt of payment.

Credit card

When you submit your order, you provide your credit card details and the credit card company performs an authorization check. Once you have authenticated yourself as the legitimate cardholder, the payment transaction is automatically carried out and your card is charged.

PayPal, PayPal Express

During the ordering process, you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or first register, authenticate yourself with your access data and confirm the payment instruction to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction. The payment transaction is carried out automatically by PayPal immediately afterwards. You will receive further information during the ordering process.

6. Right of withdrawal

Consumers have the statutory right to cancel as described in the cancellation policy. Businesses are not entitled to a voluntary right of cancellation.\

7.Retention of title

The goods remain our property until full payment.
The following also applies to entrepreneurs: We retain title to the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims from this resale in the amount of the invoice amount - regardless of whether the reserved goods are combined or mixed with a new item - and we accept this assignment. You remain authorized to collect the claims, but we may also collect the claims ourselves if you do not meet your payment obligations.

8.Transport damage

The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such errors to the deliverer as soon as possible and contact us immediately. Failure to complain or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, you will help us to assert our own claims against the freight carrier or transport insurance.

The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the forwarding agent, the carrier or the other person or institution designated to carry out the shipment. For merchants, the obligation to inspect and give notice of defects as set out in Section 377 of the German Commercial Code applies. If you fail to give notice as set out there, the goods are deemed to have been approved, unless there is a defect that was not apparent during the inspection. This does not apply if we have fraudulently concealed a defect.

9.Warranty and guarantees

Unless expressly agreed otherwise below, statutory liability law applies.
When consumers buy used goods, the following applies: If the defect occurs later than one year after delivery of the goods, claims for defects are excluded. Defects that occur within one year of delivery of the goods can be claimed within the statutory limitation period of two years from delivery of the goods.
For entrepreneurs, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk. The sale of used goods is subject to the exclusion of any warranty. The statutory limitation periods for recourse claims pursuant to Section 445a of the German Civil Code remain unaffected.
Our own information and the manufacturer's product descriptions, which have been included in the contract, are the only agreements regarding the quality of the goods with entrepreneurs; we assume no liability for public statements made by the manufacturer or other advertising statements.
If the delivered item is defective, we will initially provide a warranty to entrepreneurs at our discretion by eliminating the defect (repair) or by delivering a defect-free item (replacement delivery).
The above restrictions and shortened time limits do not apply to claims for damages caused by us, our legal representatives or vicarious agents
• in case of injury to life, body or health
• in the event of intentional or grossly negligent breach of duty or malice
• in the event of a breach of essential contractual obligations, the fulfilment of which enables the proper execution of the contract in the first place and on whose compliance the contractual partner can regularly rely (cardinal obligations)
• within the framework of a guarantee commitment, if agreed
• to the extent that the scope of application of the Product Liability Act is open.
Information on any additional guarantees that may apply and their exact terms and conditions can be found on the product itself and on special information pages in the online store.

Customer service: If you have any questions, please contact our customer service by email at servicecenter@sportdepotshop.com

10.Liability

We are always liable without limitation for claims for damages caused by us, our legal representatives or vicarious agents.
• in case of injury to life, body or health
• in the event of intentional or grossly negligent breach of duty
• in the case of guarantee promises, if agreed, or
• to the extent that the scope of application of the Product Liability Act is open.
In the event of a breach of essential contractual obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner can regularly rely (cardinal obligations) due to slight negligence on our part, if we are legal representatives or vicarious agents, the liability is limited to the amount of damage foreseeable at the time the contract was concluded.
Otherwise, claims for damages are excluded.

11.Dispute settlement

The European Commission provides a platform for online dispute resolution (OS), which you can find here . Consumers have the option of using this platform to resolve their disputes. To resolve disputes arising from a contractual relationship with a consumer or as to whether such a contractual relationship even exists, we are obliged to participate in dispute resolution proceedings before a consumer arbitration board. The responsible body is the General Consumer Arbitration Board of the Center for Arbitration eV, Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de. We will participate in dispute resolution proceedings before this body.

12.Final provisions

If you are an entrepreneur, German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.

If you are a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.