Terms of service

Table of Contents

  1. Scope of Application
  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. Special Conditions for the Processing of Goods According to Specific Customer Requirements
  10. Special Conditions for Assembly/Installation Services
  11. Special Conditions for Repair Services
  12. Applicable Law
  13. Place of Jurisdiction
  14. Code of Conduct
  15. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter "GTC") of Sport-Evolution Franzen GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms is hereby objected to, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.

1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.

2.2 The Customer may submit the offer via the online order form integrated into the Seller's online shop. In doing so, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the Customer may also submit the offer to the Seller by e-mail or telephone.

2.3 The Seller may accept the Customer's offer within five days,

  • by sending the Customer a written order confirmation or an order confirmation 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 by the Customer is decisive, or
  • by requesting payment from the Customer after the Customer has placed their order.

If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the offer is sent by the Customer and ends at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer's 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 their declaration of intent.

2.4 When selecting a payment method offered by PayPal, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com/de/legalhub/paypal/useragreement-full or - if the Customer does not have a PayPal account - subject to the terms for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the Customer pays using a payment method offered by PayPal that can be selected in the online ordering process, the Seller hereby declares acceptance of the Customer's offer at the time the Customer clicks the button that concludes the ordering process.

2.5 When ordering via the Seller's online order form, the contract text is stored by the Seller after the contract is concluded and transmitted to the Customer in text form (e.g., e-mail, fax, or letter) after the order has been sent. Any further provision of the contract text by the Seller does not take place. If the Customer has set up a user account in the Seller's online shop before sending their order, the order data will be archived on the Seller's website and can be accessed by the Customer free of charge via their password-protected user account by providing the corresponding login data.

2.6 Before bindingly submitting the order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the browser's zoom function, which enlarges the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.

2.7 Various languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.

2.8 Order processing usually takes place automatically via e-mail. The Customer must ensure that the e-mail address provided by them for order processing is correct so that e-mails sent by the Seller can be received at this address.

3) Right of Withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller's cancellation policy.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices that include statutory VAT. Any additional delivery and shipping costs incurred are specified separately in the respective product description.

4.2 The payment method(s) will be communicated to the Customer in the Seller's online shop.

4.3 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.

4.4 When selecting the payment method "Sofortüberweisung" (instant bank transfer), payment processing is carried out by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter "Klarna"). To be able to pay the invoice amount via "Sofortüberweisung", the Customer must have an online banking account activated for participation in "Sofortüberweisung", must identify themselves accordingly during the payment process, and must confirm the payment instruction. The payment transaction is carried out immediately afterwards by Klarna and the Customer's bank account is debited. Further information on the "Sofortüberweisung" payment method can be accessed by the Customer on the Internet at https://www.klarna.com/sofort/ abrufen.

4.5 When selecting a payment method offered via the "Shopify Payments" service, payment processing is carried out by Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland ("Shopify"). The individual payment methods offered via Shopify Payments will be communicated to the Customer in the Seller's online shop. To process payments, Shopify may use other payment services for which special payment terms may apply, to which the Customer may be separately informed. Further information on "Shopify Payments" is available on the Internet at https://www.shopify.com/legal/terms-payments/de abrufbar.

5) Delivery and Shipping Conditions

5.1 If the Seller offers to ship the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller's order processing is decisive.

5.2 If the 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. This does not apply with regard to the costs for the initial shipment if the Customer effectively exercises their right of withdrawal. For return costs, the provision made in the Seller's cancellation policy applies if the Customer effectively exercises their right of withdrawal.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the item to the freight forwarder, the carrier, or the person or institution otherwise designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes to the Customer upon delivery of the goods to the Customer or a person authorized to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer in the case of consumers as soon as the Seller has delivered the item to the freight forwarder, the carrier, or the person or institution otherwise designated to carry out the shipment, if the Customer has commissioned the freight forwarder, the carrier, or the person or institution otherwise designated to carry out the shipment and the Seller has not previously named this person or institution to the Customer.

5.4 If the Customer acts as a consumer based in Germany or as an entrepreneur, the Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies, however, in the event that the non-delivery is not the fault of the Seller and the Seller has concluded a concrete hedging transaction with the supplier with the necessary care. The Seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer will be informed immediately and the consideration will be refunded immediately.

5.5 If the Seller offers the goods for collection, the Customer can collect the ordered goods within the business hours specified by the Seller at the address specified by the Seller. In this case, no shipping costs will be charged.

6) Retention of Title

If the Seller makes an advance payment, they retain ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for Defects (Warranty)

Unless otherwise provided for in the following regulations, the provisions of statutory liability for defects apply. Deviating from this, the following applies to contracts for the delivery of goods:

7.1 If the Customer acts as an entrepreneur,

  • the Seller has the choice of the type of supplementary performance;
  • for new goods, the limitation period for claims for defects is one year from delivery of the goods;
  • for used goods, the rights for defects are excluded;
  • the limitation period does not restart if a replacement delivery is made within the scope of liability for defects.

7.2 If the Customer acts as a consumer, the following applies to contracts for the delivery of used goods with the restriction of the following clause: The limitation period for claims for defects is one year from delivery of the goods, provided this has been expressly and separately agreed upon between the parties in the contract and the Customer was specifically informed of the shortening of the limitation period before submitting their declaration of intent.

7.3 The liability limitations and period shortenings regulated above do not apply

  • to claims for damages and reimbursement of expenses by the Customer,
  • in the event that the Seller has fraudulently concealed the defect,
  • for goods that have been used for a building in accordance with their customary use and have caused its defectiveness,
  • for any existing obligation of the Seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.

7.4 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.5 If the Customer acts as a merchant within the meaning of § 1 HGB (German Commercial Code), they are subject to the commercial duty of inspection and notification of defects pursuant to § 377 HGB. If the Customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.

7.6 If the Customer acts as a consumer, they are requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the Seller thereof. If the Customer fails to do so, this has no effect on their statutory or contractual claims for defects.

8) Liability

The Seller is liable to the Customer for all contractual, quasi-contractual, and statutory claims, including tortious claims for damages and reimbursement of expenses, as follows:

8.1 The Seller is liable without limitation for any legal reason

  • in the event of intent or gross negligence,
  • in the event of intentional or negligent injury to life, body, or health,
  • on the basis of a guarantee promise, unless otherwise regulated in this regard,
  • on the basis of mandatory liability such as under the Product Liability Act.

8.2 If the Customer acts as a consumer based in Germany or as an entrepreneur, the following liability limitations apply:

If the Seller negligently breaches a material contractual obligation, their liability is limited to the foreseeable damage typical for the contract, unless they are liable without limitation according to the above clause. Material contractual obligations are obligations that the contract imposes on the Seller according to its content to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the Customer may regularly rely. Otherwise, the Seller's liability is excluded, unless they are liable without limitation according to the above clause.

8.3 The above liability regulations also apply with regard to the Seller's liability for their vicarious agents and legal representatives.

9) Special Conditions for the Processing of Goods According to Specific Customer Requirements

9.1 If, according to the content of the contract, the Seller is also responsible for processing the goods according to specific customer requirements in addition to the delivery of goods, the Customer must provide the Seller with all content required for processing, such as texts, images, or graphics, in the file formats, formatting, image, and file sizes specified by the Seller and grant them the necessary usage rights for this purpose. The Customer is solely responsible for the procurement and acquisition of rights to this content. The Customer declares and assumes responsibility for the fact that they possess the right to use the content provided to the Seller. In particular, they ensure that no third-party rights are infringed by this, in particular copyrights, trademark rights, and personal rights.

9.2 The Customer indemnifies the Seller against claims by third parties that they may assert against the Seller in connection with an infringement of their rights through the contractual use of the Customer's content by the Seller. In this context, the Customer also assumes the necessary costs of legal defense, including all court and legal fees in the statutory amount. This does not apply if the infringement is not the fault of the Customer. In the event of a claim by third parties, the Customer is obliged to provide the Seller immediately, truthfully, and completely with all information necessary for the examination of the claims and a defense.

9.3 The Seller reserves the right to reject processing orders if the content provided by the Customer for this purpose violates legal or official prohibitions or public policy. This applies in particular to the provision of unconstitutional, racist, xenophobic, discriminatory, insulting, youth-endangering, and/or violence-glorifying content.

10) Special Conditions for Assembly/Installation Services

If, according to the content of the contract, the Seller is also responsible for the assembly or installation of the goods at the Customer's premises as well as any corresponding preparatory measures (e.g., measurements) in addition to the delivery of goods, the following applies:

10.1 The Seller provides their services at their own discretion either personally or through qualified personnel selected by them. In doing so, the Seller may also use the services of third parties (subcontractors) who act on their behalf. Unless otherwise stated in the Seller's service description, the Customer has no claim to the selection of a specific person to carry out the desired service.

10.2 The Customer must provide the Seller with the information required for the provision of the owed service completely and truthfully, provided that the procurement thereof does not fall within the Seller's scope of duties according to the content of the contract.

10.3 The Seller will contact the Customer after conclusion of the contract to arrange an appointment for the owed service. The Customer ensures that the Seller or the personnel commissioned by them has access to the relevant facilities of the Customer at the agreed time.

10.4 The risk of accidental loss and accidental deterioration of the sold goods only passes to the Customer upon completion of the assembly work and handover to the Customer.

11) Special Conditions for Repair Services

If, according to the content of the contract, the Seller is responsible for the repair of an item belonging to the Customer, the following applies:

11.1 Repair services are provided at the Seller's place of business.

11.2 The Seller provides their services at their own discretion either personally or through qualified personnel selected by them. In doing so, the Seller may also use the services of third parties (subcontractors) who act on their behalf. Unless otherwise stated in the Seller's service description, the Customer has no claim to the selection of a specific person to carry out the desired service.

11.3 The Customer must provide the Seller with all information required for the repair of the item, provided that the procurement thereof does not fall within the Seller's scope of duties according to the content of the contract. In particular, the Customer must transmit a comprehensive error description to the Seller and inform them of all circumstances that could be the cause of the identified error.

11.4 Unless otherwise agreed, the Customer must send the item to be repaired to the Seller's place of business at their own expense and risk. The Seller recommends that the Customer take out transport insurance for this purpose. Furthermore, the Seller recommends that the Customer send the item in suitable transport packaging to reduce the risk of transport damage and to conceal the contents of the packaging. The Seller will inform the Customer immediately of any obvious transport damage so that the Customer can assert their rights against the carrier, if applicable.

11.5 The return of the item is at the Customer's expense. The risk of accidental loss and accidental deterioration of the item passes to the Customer upon handover of the item to a suitable transport person at the Seller's place of business. At the Customer's request, the Seller will take out transport insurance for the item.

11.6 The Customer can also bring the item to be repaired to the Seller's place of business themselves and collect it again if this is stated in the Seller's service description or if the parties have made a corresponding agreement to this effect. In this case, the above regulations regarding the assumption of costs and risk for shipping and return shipping of the item apply accordingly.

11.7 The aforementioned regulations do not limit the Customer's statutory rights for defects in the event of the purchase of goods from the Seller.

11.8 The Seller is liable for defects in the repair service provided in accordance with the provisions of statutory liability for defects.

12) Applicable Law

All legal relationships between the parties are 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 only applies to the extent that the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence is not withdrawn.

13) Place of Jurisdiction

If the Customer acts as 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 is the Seller's place of business. If the Customer has their registered office outside the territory of the Federal Republic of Germany, the Seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims from the contract can be attributed to the Customer's professional or commercial activity. In the aforementioned cases, however, the Seller is in any case entitled to call upon the court at the Customer's place of business.

14) Code of Conduct

- The Seller has submitted to the Trusted Shops quality criteria, which can be viewed on the Internet at https://business.trustedshops.de/quality-criteria-de.

15) Alternative Dispute Resolution

The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.