Sport-Evolution Franzen GmbH General Terms and Conditions
§1 We deliver exclusively under our terms and conditions of business and delivery. Even if the buyer objects to our terms and conditions, they accept them upon acceptance of the goods.
§2 Offer and Delivery
All offers in our brochures, flyers, internet advertisements or similar, as well as in our online shop, are non-binding. Information on technical properties and performance of the offered products is to be regarded only as non-binding information.
Delivery times stated by us are calculated from the time of our order confirmation, provided that the purchase price has been paid in advance (except for PayPal invoice purchases). If no delivery time or no different delivery time is specified for the respective goods in our online shop, it is 10 days.
If no units of the product selected by the customer are available at the time of the customer's order, the provider will inform the customer of this immediately in the order confirmation. If the product is permanently unavailable, the provider will refrain from making a declaration of acceptance. In this case, a contract will not be concluded.
If the product designated by the customer in the order is only temporarily unavailable, the provider will also inform the customer of this immediately in the order confirmation.
Delivery will be made after payment via PayPal, prepayment or cash on delivery, unless otherwise agreed. Deliveries abroad are only made against prepayment. The buyer bears the shipping costs for domestic and international deliveries. In the case of cash on delivery, cash on delivery fees and cash on delivery charges of the carrier apply, which the buyer must bear.
§3 Prices
All prices are quoted in Euros and include the currently applicable VAT, plus any packaging and transport costs. Price changes without prior notice are reserved. Printing errors cannot be excluded. Our prices valid on the day of delivery apply.
§4 Payment Terms
We conclude contracts with the customer under the condition of payment by the payment methods we offer. You can choose to pay via PayPal, prepayment, direct debit (via PayPal), credit card (via PayPal), cash on delivery (plus cash on delivery fees of EUR 6.90) or invoice (via PayPal). Delivery against invoice only takes place if this has been expressly agreed. If, exceptionally, delivery is made against invoice, the invoice is due immediately upon receipt and without deduction. This also applies to invoices that are sent for payment in advance. We deliver exclusively under retention of title. The goods remain our property until full payment. The customer is not entitled to sell the goods to third parties or to take any other measures that jeopardize our property until full payment of the purchase price. In the event of a breach of important contractual obligations, in particular in the event of default in payment, we are entitled, after withdrawal, to reclaim the goods, and the customer is obliged to surrender the delivered goods. After reclaiming the goods, we are entitled to sell them privately, without prior notice, or to have them auctioned. The return of the goods is made at the proceeds obtained, but at most, at the agreed delivery price. Further claims for damages, in particular lost profit, remain reserved.
§5 Custom-made products and special specifications
The right of withdrawal exists, unless the parties have agreed otherwise, but not for the following contracts:
Contracts for the supply of goods that are not prefabricated and for the production of which an individual choice or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
Contracts for the supply of goods if, after delivery, they have been inseparably mixed with other goods due to their nature.
§6 Warranty
Defects or damages resulting from negligent or improper handling, or improper installation, as well as the use of unsuitable accessories, or changes to the original parts by the customer, or a third party not commissioned by us, are excluded from the warranty. Natural wear and tear is also excluded from the warranty. Otherwise, the warranty is governed by statutory provisions.
§7 Place of Jurisdiction
The place of jurisdiction between the contracting parties is Neuwied. The legal invalidity of one part of the foregoing conditions does not affect the validity of the remaining content. Deviating agreements from our general terms and conditions require our written confirmation.
