AGB
General Terms and Conditions with Customer Information
1. Scope of Application
2. Conclusion of Contract
3. Prices and Terms of Payment
4. Terms of Delivery and Shipping
5. Right of Withdrawal
6. Retention of Title
7. Liability for Defects
8. Redemption of Gift Vouchers
9. Redemption of Promotional Vouchers
10. Applicable Law
11. Place of Jurisdiction
12. Information on Codes of Conduct to which the Seller has subscribed
13. Information on online dispute resolution
1. Scope
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of "brettsport UG (haftungsbeschränkt)" (hereinafter referred to as "Seller"), apply to all contracts that a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller regarding the goods offered by the Seller in his online store. The inclusion of the Customer's own terms and conditions is objected to unless otherwise agreed.
1.these GTC apply accordingly to the purchase of vouchers, if and to the extent that nothing to the contrary has been expressly agreed.
1.(3) A consumer is any natural person who enters into a legal transaction for a purpose that is predominantly neither commercial nor self-employed.
1.(4) 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 his commercial or self-employed professional activity.
2. Conclusion of the contract
2.1 The presentation of the goods, in particular in the online store, does not constitute a binding offer by the seller. 2.
2.first, the customer places the selected goods in the shopping cart. In the subsequent step, the ordering process begins, in which all necessary data for order processing are recorded.
At the end of the ordering process, a summary of the order and contract data appears. Only after confirming this order and contract data by clicking on the button that concludes the order process, the customer makes a binding offer to purchase the goods contained in the shopping cart.
The customer can also submit this offer to the seller by fax, email, mail or telephone. 3.
2.3. the salesman accepts the offer of the customer by the following possible alternatives:
- transmission of a written confirmation of order or a confirmation of order in text form (fax or email)
or
- request for payment to the customer after delivery of the order
or
- supply of the ordered commodity
determining for the time of the acceptance is the first occurred alternative.
The period for acceptance of the offer begins on the day following the dispatch of the offer by the customer and ends at the end of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall constitute the rejection of the offer. The customer is then no longer bound to his declaration of intent. 4.
2.if the payment method "Paypal Express" is selected, the payment is processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "Paypal"). The Paypal user agreement applies here, this can be accessed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or for customers without their own Paypal account: https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
If the customer selects the payment method "PayPal" or "PayPal Express" for the payment of his purchase, he submits his offer by clicking the button that concludes the ordering process. If the customer also issues the payment order to PayPal at the same time by clicking this button, the seller declares, in deviation from the above regulations, the acceptance of the customer's offer at the time of issuing the payment order. 5.
2.the text of the contract concluded between the Seller and the Customer shall be stored by the Seller. The text of the contract is stored on the Seller's internal systems. The customer can view the general terms and conditions at any time on this page. The order data, the cancellation policy and the terms and conditions will be sent to the customer by email. After completion of the order, the text of the contract is accessible to the customer free of charge via his customer login, provided that he has opened a customer account. 6.
2.all entries made are displayed before clicking the order button and can be viewed by the customer before sending the order and corrected by pressing the back button of the browser or the usual mouse and keyboard functions. In addition, if available, buttons for correction are available to the customer and are labeled accordingly.
2.7. the contract language is German.
2.8. it is the responsibility of the customer to provide a correct email address for contacting and processing the order, as well as to set the filter functions so that emails relating to this order can be delivered.
3. Prices and terms of payment
3.1 The displayed prices are final prices including the statutory VAT, unless otherwise agreed.
If additional shipping costs are incurred, this can be found in the product description.
3.2. if the delivery is made to non-EU countries, additional customs duties, taxes or fees may be payable by the customer to the customs or tax authorities responsible there or to credit institutions.
The customer is advised to enquire about the details before placing the order with the respective institutions or authorities.
3.3. the customer can select the payment methods available in the online store.
3.4. in case of prepayment by bank transfer, the payment is due immediately after the conclusion of the contract, unless otherwise agreed.
3.5. in the case of payment by "PayPal", payment is processed via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. For this purpose, the terms of use of PayPal apply. These can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
3.6. when paying with a payment method of Klarna (if offered purchase on account, installment purchase, direct debit, credit card) the payment processing is carried out by Klarna BANK AB (publ) (https://www.klarna.com/de, Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna").
In case of payment by credit card, your credit card account will be charged immediately after the completion of the purchase process. In case of payment by direct debit, you grant Klarna a SEPA direct debit mandate upon submission of the order. Klarna will inform you about the date of the account debit (so-called prenotification). Upon submission of the direct debit mandate, Klarna will request your bank to initiate the payment transaction. The payment transaction will be executed automatically and your account will be debited. The account will be debited after the goods have been shipped.
For payment processing via Klarna - in addition to these terms and conditions - the terms and conditions and privacy policy of Klarna apply. More information about the Klarna payment methods of the seller as well as the terms and conditions of Klarna for this can be viewed in the payment information of the seller.
When paying with "Sofortüberweisung", the payment is processed through the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to use the payment method, you need an online banking account with PIN/TAN procedure, with which you can legitimize yourself accordingly during the payment process and confirm the payment instruction to "SOFORT".
The payment will be executed by "SOFORT" immediately after completion of the payment process and your bank account will be debited. More information about the payment method "SOFORT" can be found on the Internet at https://www.klarna.com/sofort/.
3.7. when paying via Klarna Invoice Purchase or Klarna Installment Purchase, the payment processing is carried out by Klarna BANK AB (publ) [https://www.klarna.com/de], Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). More detailed information on Klarna invoice and installment purchase as well as Klarna's terms and conditions for this can be found in the Seller's payment information under the following link:
https://www.brettsport.de/versand-zahlung
3.8 The Seller additionally offers the Customer the possibility to finance the purchase price for certain specifically designated items via the Seller's partner bank. The following conditions must be met:
- The minimum age of the Customer is 18 years.
- The gross value of the order is at least 100,-EUR
- The residence of the customer is in Germany.
- The delivery is made within Germany.
- Customer and borrower are identical.
- The customer has a current account at a German bank or savings bank.
- The customer can present a current proof of income.
- The customer has a residence and work permit as well as a current certificate of registration, if he is a foreign citizen.
4. Terms of delivery and shipping
4.1. The delivery of goods by shipping is made to the delivery address specified by the customer. Notwithstanding the foregoing, in the case of payment by PayPal, the delivery address provided by the Customer to PayPal at the time of payment shall be decisive. 2.
4.2. if the seller incurs additional costs due to the specification of an incorrect delivery address or an incorrect addressee or other circumstances that lead to the impossibility of delivery, these are to be reimbursed by the customer, unless he is not responsible for the incorrect information or impossibility. The same applies in the event that the customer was temporarily prevented from accepting the service, unless the seller has given him reasonable prior notice of the service. Excluded from this provision are the costs of the Hinsendung, if the customer has effectively exercised his right of withdrawal. Here it remains with the legal or the regulation made by the seller. 3.
4.in the case of agreed self-collection, the customer will be informed by the seller that the goods ordered by him are ready for collection. After receiving this e-mail, the customer can pick up the goods at the seller's registered office or at an agreed location after consultation with the seller. In this case there are no shipping costs.
4.4. vouchers are given to the customer in the following form:
- by e-mail
- by download
- by post
5. Right of revocation
5.1. If the customer is a consumer, he is generally entitled to a right of revocation.
5.2. The right of revocation is governed by the seller's revocation instructions. 3.
5.consumers who do not belong to a member state of the European Union at the time of the conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of the conclusion of the contract do not have a right of withdrawal.
6. Retention of title
If the seller makes advance payments, the goods remain the property of the seller until the purchase price has been paid in full.
7. Liability for defects
7.1 With regard to the warranty, the provisions of the statutory liability for defects shall apply, unless otherwise agreed.
- In the case of used goods, the warranty period shall be one year from delivery of the goods, in deviation from the statutory provisions. The shortened one-year warranty period does not apply
- to items that have been used in accordance with their customary use for a building and have caused its defectiveness,
- to claims for damages and reimbursement of expenses of the customer
- or in the event that the seller has fraudulently concealed the defect.
Also, any obligation of the seller to provide updates for digital products, when purchasing goods with digital elements is not affected by this restriction.
7.2. the customer is requested to claim delivered goods with obvious transport damages to the delivery person and to inform the seller about it. Failure to do so will not affect the customer's statutory or contractual claims for defects.
8. Redemption of gift vouchers
8.1 Gift vouchers that have been purchased through the Seller's online store ("Gift Vouchers") can also only be redeemed in the Seller's online store. 2.
8.2. gift vouchers and remaining balances of gift vouchers can be redeemed until the end of the third year after the year of the voucher purchase. Any remaining balances will be credited to the customer's gift certificate account until the expiration date.
8.3. gift vouchers can only be redeemed before the order process is completed. Subsequent redemption does not take place.
8.4. Only one gift voucher can be redeemed per order. It is not possible to redeem several gift vouchers in one order. 5.
8.5. gift vouchers can be redeemed only for the purchase of goods.
The purchase of additional gift vouchers can not be paid by voucher.
8.6. if the value of the gift certificate is not sufficient to pay for the order, the difference can be paid by one of the other payment methods offered.
8.7. credit balances on gift vouchers are not paid out and do not bear interest.
8.8. Gift vouchers are transferable in principle.
The Seller may make payment with discharging effect to the Customer redeeming the respective Gift Voucher. This does not apply if the Seller has knowledge or grossly negligent ignorance of the possible ineligibility, legal incapacity or lack of representative authority of the respective holder.
9. Redemption of promotional vouchers
9.1 Vouchers which the Seller issues free of charge as part of (promotional) campaigns with a specific period of validity and which the Customer cannot purchase ("promotional vouchers") can only be redeemed in the Seller's online store and only during the period of time specified by the Seller.
9.2. promotional vouchers can only be redeemed by consumers.
9.3. individual products may be excluded from the voucher promotion.
The specific restrictions, if any, can be found on the promotional voucher.
9.4. promotional vouchers can only be redeemed before completion of the order process. A subsequent settlement will not be made. 5.
9.5. only one promotional voucher can be redeemed per order. It is not possible to redeem more than one promotional voucher in one order.
9.the value of the goods of the respective order must be at least the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
9.7. if the value of a promotional voucher is not sufficient to pay for the respective order, one of the other offered payment methods can be used to settle the difference.
9.8. the credit of a promotion voucher is neither paid out nor does it earn interest.
9.9. the promotion voucher is also not refunded if the customer returns the goods paid for in full or in part with the promotion voucher within the scope of his statutory right of revocation.
9.10. promotion vouchers are transferable in principle.
The Seller may make payment with discharging effect to the Customer redeeming the respective gift voucher. This does not apply if the seller has knowledge or grossly negligent ignorance of the possible ineligibility, legal incapacity or lack of representative authority of the respective holder.
10. Applicable law
10.1. The law of the Federal Republic of Germany shall apply to the exclusion of the laws on the international purchase of movable goods.
The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the customer has his habitual residence as a consumer, shall remain unaffected. 2.
10.2. this choice of law made here does not apply with regard to the statutory right of withdrawal for consumers if they do not belong to a member state of the European Union at the time of the conclusion of the contract and their sole residence and delivery address are outside the European Union at the time of the conclusion of the contract.
11. Place of jurisdiction
If the customer is a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the place of business of the seller.
If the customer has its registered office outside the territory of the Federal Republic of Germany, the seller's registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract if this contract or claims arising from this contract can be attributed to the customer's professional or commercial activity.
Nevertheless, in the aforementioned cases, the Seller shall also be entitled to bring an action before the court at the Customer's place of business.
12. Information on codes of conduct to which the Seller has subjected itself
The Seller has subjected itself to the guidelines for "Google Customer Reviews", which can be accessed at https://support.google.com/merchants/topic/7105962.
13. Information on online dispute resolution
The platform for online dispute resolution of the EU Commission can be accessed on the Internet at the following link: https://ec.europa.eu/odr
We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.