General Terms and Conditions with
Customer information
Table of contents
1. Scope
2. Conclusion of contract
3. Right of withdrawal
4. Prices and payment terms
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects (warranty)
8. Liability
9. Applicable law
10. Place of jurisdiction
11. Alternative dispute resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of Deportes GmbH
(hereinafter "Seller"), apply to all contracts for the delivery of goods which are
Consumer or entrepreneur (hereinafter "Customer") with the Seller regarding
of the goods presented by the seller in his online shop.
the inclusion of the customer’s own terms and conditions is objected to, unless
something else has been agreed.
1.2 A consumer within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction
for purposes which are predominantly neither commercial nor financial
can be attributed to self-employed professional activity.
1.3 Entrepreneur within the meaning of these Terms and Conditions is a natural or legal person or
a partnership with legal capacity which, when concluding a legal transaction,
exercise of their commercial or independent professional activity.
2) Conclusion of contract
2.1 The product descriptions contained in the Seller’s online shop represent
do not constitute binding offers on the part of the seller, but serve to submit
a binding offer by the customer.
2.2 The customer can order the offer via the integrated online shop of the seller.
The customer submits the selected items via the online order form.
Goods placed in the virtual shopping cart and the electronic ordering process
www.it-recht-kanzlei.de
has completed the order process by clicking the button that completes the order process.
legally binding contract offer with regard to the items contained in the shopping cart
Goods off.
2.3 The Seller may accept the Customer’s offer within five days,
- by sending the customer a written order confirmation or a
Order confirmation will be sent in text form (fax or e-mail), whereby the
Receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods
is relevant to the customer, or
- by requesting payment from the customer after placing his order.
If several of the above-mentioned alternatives apply, the contract will be concluded in the
The deadline for the conclusion of the contract shall be the date on which one of the aforementioned alternatives first occurs.
to accept the offer begins on the day after the offer is sent by
the customer and ends with the expiry of the fifth day, which is the
Sending of the offer follows. If the seller accepts the customer’s offer within
If the customer does not accept the offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that
the customer is no longer bound by his declaration of intent.
2.4 If you select a payment method offered by PayPal, the
Payment processing via the payment service provider PayPal (Europe) S.à rl et Cie,
SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), at
Validity of the PayPal Terms of Use, available at
https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer
does not have a PayPal account – subject to the Terms and Conditions for Payments
without a PayPal account, available at
https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays by
a payment method offered by PayPal that can be selected during the online ordering process,
The seller hereby declares acceptance of the customer’s offer in the
Time at which the customer clicks the button which starts the order process
completes.
2.5 When submitting an offer via the Seller’s online order form,
The contract text is saved by the seller after the conclusion of the contract and sent to the customer
after sending the order in text form (e.g. email, fax or letter)
Any further disclosure of the contract text by
The seller will not be informed of this. If the customer has not received a
If you have set up a user account in the seller’s online shop, the order data
archived on the seller’s website and can be accessed by the customer via his
password-protected user account with the corresponding login data
can be accessed free of charge.
2.6 Before submitting a binding order via the online order form of the
Seller, the customer can avoid possible input errors by carefully reading the
www.it-recht-kanzlei.de
recognize the information displayed on the screen. An effective technical means
For better detection of input errors, the magnification function of the
Browser, which helps to enlarge the display on the screen. Its
The customer can make entries within the electronic ordering process via
correct the usual keyboard and mouse functions until he clicks the button,
which completes the ordering process.
2.7 Different languages are available for the conclusion of the contract.
The specific language selection is displayed in the online shop.
2.8 Order processing and contact are usually carried out by email and
automated order processing. The customer must ensure that the
The email address provided for order processing is correct, so that
Address to which emails sent by the seller can be received.
In particular, when using SPAM filters, the customer must ensure that all
by the seller or by third parties commissioned by the seller to process the order
sent emails can be delivered.
3) Right of withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the cancellation policy
of the seller.
4) Prices and payment terms
4.1 Unless otherwise stated in the Seller’s product description,
The prices indicated are total prices which include the statutory
VAT included. Any additional delivery and
Shipping costs are specified separately in the respective product description.
4.2 For deliveries to countries outside the European Union, in individual cases
further costs may arise for which the seller is not responsible and which the customer must bear
These include, for example, costs for money transfers through
Credit institutions (e.g. transfer fees, exchange rate fees) or
import duties or taxes (e.g. customs duties). Such costs may be incurred in relation to
the money transfer even if the delivery is not made to a country
outside the European Union, but the customer makes the payment from a country
outside the European Union.
4.3 The payment option(s) will be made available to the customer in the online shop of the
Seller informed.
4.4 If advance payment by bank transfer has been agreed, payment is due immediately after
conclusion of the contract, unless the parties have agreed on a later due date
have.
4.5 When selecting a payment method offered via the payment service “PayPal”
www.it-recht-kanzlei.de
Payment is processed via PayPal, whereby PayPal also uses the services
third-party payment service providers. If the seller also uses PayPal
offers payment methods where he makes advance payments to the customer (e.g.
Purchase on account or payment in installments), he assigns his payment claim to PayPal
or to the person appointed by PayPal and specifically named to the customer
Before accepting the seller’s declaration of assignment,
PayPal or the payment service provider commissioned by PayPal using the
The seller reserves the right to
the customer the selected payment method in case of a negative test result
If the selected payment method is accepted, the customer has to
Invoice amount within the agreed payment period or within the agreed
In this case, the customer can only pay to PayPal or the
PayPal-appointed payment service provider with debt-discharging effect.
However, even in the event of assignment of claims, the seller remains responsible for general
Customer inquiries, e.g. regarding goods, delivery times, shipping, returns, complaints,
Cancellation declarations and dispatches or credit notes.
4.6 When selecting a payment method offered via the payment service "Shopify Payments"
Payment processing is carried out by the payment service provider Stripe
Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland
(hereinafter "Stripe"). The individual payment methods offered through Shopify Payments
Payment methods are communicated to the customer in the seller’s online shop.
To process payments, Stripe may use other payment services for which
Special payment terms may apply, to which the customer may have to inform separately
Further information about "Shopify Payments" is available online at
Available at https://www.shopify.com/legal/terms-payments-de.
5) Delivery and shipping conditions
5.1 If the seller offers to ship the goods, delivery shall be made within
of the delivery area specified by the seller to the address specified by the customer
Delivery address, unless otherwise agreed. When processing the transaction
The delivery address specified in the seller's order processing is decisive.
Deviating from this, if the payment method PayPal is selected, the customer
The delivery address stored with PayPal at the time of payment is decisive.
5.2 If delivery of the goods fails for reasons for which the customer is responsible,
The customer shall bear the reasonable costs incurred by the seller as a result.
does not apply with regard to the costs of delivery if the customer
The return costs shall apply in the event of effective exercise of the right of withdrawal.
of the right of withdrawal by the customer in the seller's cancellation policy
the regulation adopted in this regard.
5.3 If the customer acts as an entrepreneur, the risk of accidental loss and
the accidental deterioration of the goods sold passes to the customer as soon as the
Seller shall hand the goods over to the forwarding agent, carrier or other person responsible for carrying out the
The shipment has been delivered to a specific person or institution. If the customer acts as
Consumer, the risk of accidental loss and accidental
Deterioration of the sold goods only occurs when the goods are handed over to the
Customer or an authorized person. Deviating from this, the
Risk of accidental loss and accidental deterioration of the goods sold
Goods are transferred to the customer, even in the case of consumers, as soon as the seller
Item to the forwarding agent, the carrier or the person otherwise responsible for carrying out the shipment
to a specific person or institution, if the customer informs the carrier, the
Carrier or other person designated to carry out the shipment or
Institution is commissioned to carry out the work and the seller informs the customer of this person or
Institution has not previously named.
5.4 The Seller reserves the right to withdraw from the contract in case of incorrect or
proper self-supply. This only applies to the
In the event that the non-delivery is not the responsibility of the seller and the seller is
due diligence, a specific hedging transaction was concluded with the supplier
The seller will make all reasonable efforts to
In case of non-availability or only partial availability of the
The customer will be informed immediately and the consideration will be paid immediately
refunded.
5.5 Self-collection is not possible for logistical reasons.
6) Retention of title
If the seller makes advance payments, he reserves the right to withhold payment until the full amount
the purchase price owed, the ownership of the delivered goods remains.
7) Liability for defects (warranty)
Unless otherwise stated in the following regulations, the
The provisions of statutory liability for defects apply to contracts for
Delivery of goods:
7.1 If the customer acts as an entrepreneur,
- the seller has the choice of the type of subsequent performance;
- in the case of new goods, the limitation period for defects is one year from delivery of the
Goods;
- in the case of used goods, the rights and claims due to defects
excluded;
- the limitation period does not start again if, within the scope of liability for defects,
Replacement delivery will be made.
7.2 The limitations of liability and shortening of time limits set out above shall apply
not
- for claims for damages and reimbursement of expenses by the customer,
- in the event that the seller has fraudulently concealed the defect,
- for goods which, in accordance with their usual use, are intended for a building
have been used and have caused its defectiveness,
- for any existing obligation of the seller to provide
Updates for digital products, for contracts for the supply of goods with
digital elements.
7.3 Furthermore, for entrepreneurs, the statutory limitation periods for
any existing statutory right of recourse remains unaffected.
7.4 If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the commercial
Inspection and complaint obligation according to § 377 HGB. If the customer fails to comply with
regulated notification obligations, the goods are deemed to be approved.
7.5 If the customer acts as a consumer, he is asked to check the delivered goods with
to complain about obvious transport damage to the deliverer and to the seller
If the customer does not do so, this will have no effect on
Impact on his statutory or contractual claims for defects.
8) Liability
The seller is liable to the customer for all contractual, quasi-contractual and
legal, even tortious claims for damages and reimbursement of expenses such as
follows:
8.1 The Seller shall be liable without limitation for any legal reason
- in case of intent or gross negligence,
- in case of intentional or negligent injury to life, body or
Health,
- based on a guarantee promise, unless otherwise agreed,
- due to mandatory liability such as under the Product Liability Act.
8.2 If the Seller negligently breaches a material contractual obligation, liability shall be limited to
the typical, foreseeable damage, unless according to
The above clause provides for unlimited liability. Essential contractual obligations are
Obligations which the contract imposes on the seller according to its content to achieve the
The fulfilment of which is essential for the proper execution of the contract
The contract is only possible in the first place and the customer must regularly
can trust.
8.3 Otherwise, the Seller’s liability is excluded.
8.4 The above liability provisions also apply with regard to the liability of the
Seller for his vicarious agents and legal representatives.
9) Applicable law
All legal relationships between the parties shall be governed by the law of the Federal Republic of
Germany, excluding the laws on the international sale of movable
Goods. For consumers, this choice of law applies only to the extent that the granted
Protection by mandatory provisions of the law of the country in which the consumer
has his habitual residence.
10) Place of jurisdiction
If the customer acts as a merchant, legal entity under public law or
special fund under public law with its registered office in the territory of the Federal Republic of
Germany, is the exclusive place of jurisdiction for all disputes arising from this contract
the seller's place of business. If the customer is located outside the
territory of the Federal Republic of Germany, the seller’s place of business is
exclusive place of jurisdiction for all disputes arising from this contract if the
Contract or claims arising from the contract of professional or commercial activity
of the customer. In the above cases, the seller is
However, in any case, we are entitled to bring the case before the court at the customer’s place of business.
11) Alternative dispute resolution
11.1 The EU Commission provides a platform on the Internet at the following link for
Online dispute resolution available: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for out-of-court settlement of disputes
from online sales or service contracts involving a consumer.
11.2 The Seller is obliged to participate in a dispute resolution procedure before a
Consumer arbitration board is neither obliged nor willing.
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