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 Terms
6. Retention of title
7. Liability for defects (Warranty)
8. Liability
9. Special conditions for the processing of goods according to specific customer specifications
10. Special Terms and Conditions for Assembly/Installation Services
11. Special Terms and 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 their online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise 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 that can predominantly be attributed neither to their commercial nor to their independent professional activity.

1.3 An entrepreneur within the meaning of these Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

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 to facilitate the submission of a binding offer by the customer.

2.2 The customer can 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 going through the electronic ordering process, the customer submits a legally binding contractual offer in relation to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer to the seller by email or by telephone.

2.3 The seller can 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 email), whereby the receipt of the order confirmation by the customer is decisive in this respect, or
• by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer is decisive, or
• by requesting payment from the customer after they have placed their order.

Liegen mehrere der vorgenannten Alternativen vor, kommt der Vertrag in dem Zeitpunkt zustande, in dem eine der vorgenannten Alternativen zuerst eintritt. Die Frist zur Annahme des Angebots beginnt am Tag nach der Absendung des Angebots durch den Kunden zu laufen und endet mit dem Ablauf des fünften Tages, welcher auf die Absendung des Angebots folgt. Nimmt der Verkäufer das Angebot des Kunden innerhalb vorgenannter Frist nicht an, so gilt dies als Ablehnung des Angebots mit der Folge, dass der Kunde nicht mehr an seine Willenserklärung gebunden ist.

2.4 If you select a payment method offered by PayPal, payment processing will be handled 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"), subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com/en/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/en/legalhub/paypal/privacywax-fullIf the customer pays using 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 at the time the customer clicks the button that completes the ordering process.

2.5 When ordering via the seller's online order form, the text of the contract is stored by the seller after the contract has been concluded and sent to the customer in text form (e.g. email, fax or letter) after their order has been sent. The contract text is not made accessible by the seller beyond this. If the customer has set up a user account in the seller's online shop before submitting their order, the order data will be archived on the seller's website and can be accessed free of charge by the customer via their password-protected user account by entering the corresponding login data.

2.6 Before bindingly submitting the order via the seller's online order form, the customer can identify potential input errors by carefully reading the information displayed on the screen. An effective technical means for better identifying 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 standard keyboard and mouse functions until they click the button that 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 generally takes place automatically via email. The customer must ensure that the email address provided by them for order processing is correct, so that emails sent by the seller can be received at this address.

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 seller's cancellation policy.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the seller's product description, the prices indicated are total prices and include statutory value-added tax. Any additional delivery and shipping costs that may apply will be 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 payment in advance via bank transfer is agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.4 If the payment method "Sofortüberweisung" (instant bank transfer) is selected, payment processing is handled by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter "Klarna"). In order to pay the invoice amount via "Sofortüberweisung", the customer must have an online banking account that has been activated for participation in "Sofortüberweisung", identify themselves accordingly during the payment process, and confirm the payment instruction. The payment transaction is carried out immediately afterwards by Klarna and the customer's bank account is debited. The customer can find more detailed information about the "Sofortüberweisung" payment method on the internet at https://www.klarna.com/sofort/ retrieve.

4.5 If you select a payment method offered through the "Shopify Payments" payment service, the payment will be processed by Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland ("Shopify"). The individual payment methods offered through 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, and of which the customer may be notified separately. Further information on "Shopify Payments" is available on the internet at https://www.shopify.com/legal/terms-payments/en available.

5) Delivery and Shipping Terms

5.1 If the seller offers shipping for the goods, delivery shall be made within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. In the processing of the transaction, the delivery address specified in the seller's order processing shall be 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 to the costs of outbound shipping if the customer effectively exercises their right of withdrawal. For the return shipping costs, if the customer effectively exercises their right of withdrawal, the provisions set out in the seller's cancellation policy shall apply.

5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer as soon as the seller has delivered the item to the forwarding agent, 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 shall, in principle, only pass upon delivery of the goods to the customer or a person authorized to receive them. By way of derogation from this, the risk of accidental loss and accidental deterioration of the sold goods shall also pass to the customer in the case of consumers as soon as the seller has delivered the item to the forwarding agent, the carrier, or the person or institution otherwise designated to carry out the shipment, if the customer has commissioned the forwarding agent, 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 residing in Germany or as an entrepreneur, the seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. However, this only applies in the event that the seller is not responsible for the non-delivery and has concluded a specific hedging transaction with the supplier with due diligence. 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 without delay.

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

6) Retention of Title

If the seller makes advance deliveries, 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 statutory provisions governing liability for defects shall apply. By way of derogation, the following shall apply to contracts for the delivery of goods:

7.1 If the customer is acting as an entrepreneur,

• the seller has the choice of the type of subsequent performance;
• the warranty period for defects in new goods is one year from delivery of the goods;
• the rights to claim for defects are excluded in the case of used goods;
• the limitation period does not restart if a replacement delivery is made as part of the liability for defects.

7.2 If the customer is acting as a consumer, the following restriction applies to contracts for the delivery of used goods: The limitation period for claims for defects is one year from delivery of the goods, provided this has been expressly and separately agreed upon contractually between the parties and the customer was specifically informed of the reduction in the limitation period prior to submitting their contractual declaration.

7.3 The limitations of liability and reductions of time limits regulated above do not apply

• for 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 normal instructions for 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 supply of goods with digital elements.

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

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

7.6 If the customer is acting as a consumer, they are requested to lodge a complaint with the delivery agent regarding delivered goods with obvious transport damage and to notify the seller of this. If the customer fails to do so, this shall have no effect on their statutory or contractual warranty claims.

8) Liability

The seller shall be liable to the customer for damages and reimbursement of expenses under all contractual, quasi-contractual, statutory, and tortious claims as follows:

8.1 The seller is fully liable under any legal theory

• in cases of intent or gross negligence,
• in the event of willful or negligent injury to life, limb, or health,
• due to a warranty promise, unless otherwise regulated in this regard,
• due to mandatory liability, such as under the Product Liability Act.

8.2 If the customer acts as a consumer residing in Germany or as an entrepreneur, the following limitations of liability shall apply:

If the seller negligently breaches a material contractual obligation, their liability shall be limited to the foreseeable damage typical for the contract, unless they are subject to unlimited liability in accordance with the preceding paragraph. Material contractual obligations are obligations which the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place, and on the compliance with which the customer regularly relies. Otherwise, any liability of the seller is excluded, unless they are subject to unlimited liability in accordance with the preceding paragraph.

8.3 The foregoing liability regulations also apply with regard to the liability of the seller for their vicarious agents and legal representatives.

9) Special conditions for the processing of goods according to specific customer specifications

9.1 If, according to the content of the contract, the seller owes not only the delivery of the goods but also the processing of the goods according to certain specifications of the customer, the customer must provide the seller with all content required for processing, such as text, images, or graphics, in the file formats, formatting, image sizes, and file sizes specified by the seller, and grant the seller the necessary rights of use for this purpose. The customer is solely responsible for procuring and acquiring the rights to this content. The customer declares and accepts responsibility for ensuring that they have the right to use the content provided to the seller. In particular, they shall ensure that no third-party rights are violated as a result, specifically copyrights, trademark rights, and personal rights.

9.2 The customer shall indemnify and hold the seller harmless from any third-party claims asserted against the seller in connection with an infringement of their rights resulting from the seller's contractual use of the customer's content. In this context, the customer shall also assume the necessary costs of legal defense, including all court and attorney fees in the statutory amount. This shall not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obligated to immediately, truthfully, and completely provide the seller 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 decency. This applies in particular to the provision of unconstitutional, racist, xenophobic, discriminatory, offensive, 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 obligated not only to deliver the goods but also to assemble or install the goods at the customer's premises, as well as to carry out any corresponding preparatory measures (e.g., taking measurements), the following shall apply:

10.1 The seller shall provide their services, at their own discretion, either in person or through qualified personnel selected by them. In doing so, the seller may also utilize the services of third parties (subcontractors) acting 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 perform the requested service.

10.2 The customer must provide the seller with all information required for the provision of the contractually agreed service fully and truthfully, unless the procurement of such information falls within the scope of the seller's obligations under the contract.

10.3 The seller will contact the customer after the conclusion of the contract to agree on a date for the performance of the service. The customer shall ensure that the seller or the personnel commissioned by the seller have 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 installation work and handover to the customer.

11) Special Terms and Conditions for Repair Services

If, under the terms of the contract, the seller is responsible for repairing an item belonging to the customer, the following shall apply:

11.1 Repair services are performed at the seller's place of business.

11.2 The seller shall provide their services, at their discretion, either in person or through qualified personnel selected by them. In doing so, the seller may also utilize the services of third parties (subcontractors) acting 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 perform the requested service.

11.3 Der Kunde hat dem Verkäufer alle für die Reparatur der Sache erforderlichen Informationen zur Verfügung zu stellen, sofern deren Beschaffung nach dem Inhalt des Vertrages nicht in den Pflichtenkreis des Verkäufers fällt. Insbesondere hat der Kunde dem Verkäufer eine umfassende Fehlerbeschreibung zu übermitteln und ihm sämtliche Umstände mitzuteilen, die ursächlich für den festgestellten Fehler sein können.

11.4 Unless otherwise agreed, the customer must ship the item to be repaired to the seller's registered office 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 ship the item in suitable transport packaging to reduce the risk of damage in transit and to conceal the contents of the package. The seller will immediately inform the customer of any obvious transport damage so that the customer can assert any rights they may have against the carrier.

11.5 The return of the item shall be at the customer's expense. The risk of accidental destruction and accidental deterioration of the item shall pass to the customer upon delivery of the item to a suitable transport person at the seller's place of business. At the customer's request, the seller will arrange transport insurance for the item.

11.6 The customer may also bring the item to be repaired to the seller's location themselves and collect it from there again, if this is specified in the seller's service description or if the parties have made a corresponding agreement to this effect. In this case, the aforementioned provisions regarding the bearing of costs and risk for the shipping and return shipping of the item shall apply accordingly.

11.7 The aforementioned provisions do not limit the customer's statutory warranty rights in the event of purchasing goods from the seller.

11.8 The seller is liable for defects in the repair services provided in accordance with the statutory provisions on liability for defects.

12) Applicable Law

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws governing the international sale of movable goods. For consumers, this choice of law shall only apply to the extent that the protection afforded by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.

13) Place of jurisdiction

If the customer is acting 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 shall be the seller's place of business. If the customer has its registered office outside the territory of the Federal Republic of Germany, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the aforementioned cases, however, the seller shall in any event be entitled to bring an action before 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://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf can be viewed.

15) Alternative Dispute Resolution

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