General terms and conditions and customer information
- General Terms and Conditions
- 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you have with us as a supplier (Sportyglee GmbH) via the Tufwear-Germany website. Unless otherwise agreed, the inclusion of any terms you may have used is contradicted.
(2) Consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed can be. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
- 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods.
(2) As soon as you place the respective product on our website, we make you a binding offer to conclude a contract under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows: The goods intended for purchase are placed in the "shopping cart". You can use the corresponding button in the navigation bar to call up the "shopping cart" and make changes there at any time. After calling up the "Checkout" page and entering your personal data as well as the terms of payment and shipping, all order data are then displayed again on the order overview page. If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofort) as the payment method, you will either be taken to the order overview page in our online shop or you will first be redirected to the website of the provider of the instant payment system. If you are forwarded to the respective instant payment system, make the appropriate selection or enter your data there. You will then be redirected back to the order overview page in our online shop. Before submitting the order, you have the opportunity to check all the information here again, to change it (also using the "back" function of the Internet browser) or to cancel the purchase. By submitting the order via the "buy" button, you declare the legally binding Acceptance of the offer, whereby the contract is concluded.
(4) Your inquiries about the creation of an offer are non-binding for you. We will make you a binding offer in text form (e.g. by e-mail), which you can accept within 5 days.
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract takes place via e-mail, partly automatically. You must therefore ensure that the e-mail address you have given us is correct, that the receipt of the e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
- 3 Custom Goods
(1) You provide us with the appropriate information, texts or files required for the individual design of the goods via the online ordering system or by e-mail at the latest immediately available after conclusion of the contract. Any of our specifications for file formats must be observed.
(2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, naming rights, trademark rights) or violates existing laws expressly releases us from all third-party claims asserted in this connection. This also applies to the costs of the legal representation required in this context.
(3) We do not check the transmitted data for correctness of content and assume no liability for errors in this respect.
- 4 Special agreements on the payment methods offered
(1) SEPA direct debit (core and/or company direct debit) When paying by SEPA core direct debit or by SEPA company direct debit, you authorize us by issuing a corresponding one SEPA mandate to collect the invoice amount from the specified account. The direct debit is collected within 2-5 days after the conclusion of the contract. The deadline for submitting the pre-notification is reduced to 5 days before the due date. You are obliged to ensure that the account has sufficient funds on the due date. In the event of a returned direct debit due to your fault, you must bear the bank charges incurred.
- 5 Right of retention, retention of title
(1) You can only exercise a right of retention if the claims are from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following also applies:
- a) We reserve title to the goods until all claims from the current business relationship have been settled in full. Pledging or assignment as security is not permitted before ownership of the reserved goods has passed.
- b) You can resell the goods in the ordinary course of business. In this case, you assign to us all claims in the amount of the invoice amount that accrue to you from the resale, and we accept the assignment. You are further authorized to collect the claim. If you do not properly meet your payment obligations, we reserve the right
however, reserve the right to collect the claim themselves.
- c) If the reserved goods are combined and mixed, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
- d) We undertake to release the securities to which we are entitled at your request insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.
- 6 Warranty
(1) The statutory warranty rights apply.
(2) As a consumer, you are asked to check the item for completeness, obvious defects and transport damage immediately upon delivery and to inform us and the carrier of any complaints as soon as possible. If you do not comply, this has no effect on your statutory warranty claims.
(3) If you are an entrepreneur, the following applies, deviating from the above warranty regulations:
- a) Only our own information and the manufacturer's product description are deemed to be agreed as to the quality of the item, but not other advertising, public promotions and statements by the manufacturer
- b) In the event of defects, we provide a warranty, at our discretion, by rectification or subsequent delivery. If the elimination of the defect fails, you can either demand a price reduction or withdraw from the contract. The rectification of defects is deemed to have failed after a second unsuccessful attempt, unless something else arises from the nature of the item or the defect or the other circumstances. In the case of rectification, we do not have to bear the increased costs that arise from bringing the goods to a place other than the place of performance if the shipment does not correspond to the intended use of the goods.
- c) The warranty period is one year from delivery of the goods. The reduction of the deadline does not apply:
- culpably caused damage for which we are responsible resulting from injury to life, limb or health and other damage caused intentionally or through gross negligence; - insofar as we have fraudulently concealed the defect or have assumed a guarantee for the condition of the item; - for items that have been used for a building in accordance with their normal use and have caused its defectiveness; - in the case of statutory rights of recourse that you have against us in connection with warranty rights.
- 7 Choice of law
(1) German law applies. For consumers, this choice of law only applies insofar as the protection provided by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favourability).
(2) The provisions of the UN Sales Convention expressly do not apply.
- Customer information
- Identity of seller
telephone: 05225 8749828
Managing Director: Florian Köster
VAT ID No.: DE 349478355
Tax no.: 324/5756/3349
Bad Oeynhausen district court HRB 18242
Alternative dispute resolution: The European Commission provides a platform for out-of-court online dispute resolution (OS platform), which can be accessed at https: //ec.europa.eu/odr.
- Information on the conclusion of the contract
The technical steps to conclude the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the regulations "Conclusion of the contract" in our General Terms and Conditions (Part I.).
- Contract language, contract text storage
3.1. Contract language is German.
3.2. We do not save the full text of the contract. Before sending the order via the online shopping cart system, the contract data can be printed out or saved electronically using the print function of the browser.After we have received the order, the order data, the information required by law for distance contracts and the general terms and conditions will be sent to you again by e-mail
3.3. If you request an offer outside of the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by e-mail, which you can print out or save electronically.
- Essential characteristics of the goods or service
The essential features of the goods and/or service can be found in the respective offer.
- Prices and terms of payment
5.1. The prices listed in the respective offers and the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2. The shipping costs are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you in addition, unless free delivery has been promised.
5.3. If delivery is made to countries outside the European Union, additional costs for which we are not responsible may be incurred, such as customs duties, taxes or money transfer fees (bank transfer or exchange rate fees), which you must bear.
5.4. You have to bear the costs incurred for the money transfer (bank transfer or exchange rate fees) in cases where the delivery is made to an EU member state but the payment was made outside the European Union.
5.5. The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.
5.6. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
- Terms of delivery
6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
6.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the contractor or another person responsible for carrying out the shipment.
If you are an entrepreneur, delivery and shipping is at your own risk.
- Statutory liability for defects
Liability for defects is based on the "Warranty" provision in our General Terms and Conditions (Part I).
These terms and conditions and customer information were created by the Händlerbund's lawyers, who specialize in IT law, and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. You can find more information on this at: https://www.haendlerbund.de/de/dienstleistungen/rechtssicherheit/agb-service..