Terms of service
Terms of Service
For all orders via our online shop by consumers and entrepreneurs, the following terms and conditions apply.
A consumer is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor self-employed. Entrepreneur is a natural or legal person or a legal partnership that, when entering into a legal transaction, acts in the course of its commercial or independent professional activity.
With regard to entrepreneurs, these terms and conditions also apply to future business relationships, without us having to refer to them again. If the entrepreneur uses conflicting or supplementary terms and conditions, its validity is hereby contradicted; they only become part of the contract if we have expressly consented to this.
2. Contracting party, conclusion of contract
The purchase contract is concluded with Sport Vibrations / Ulla & Wolfgang Svoboda oHG.
By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially put our products into the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the corrective aids provided and explained in the order process. The contract is concluded by accepting the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after sending the order, you will receive a confirmation by e-mail.
3. Contract language, contract text storage
The languages available for the contract are German and English.
We save the contract text and send you the order data and our terms and conditions by e-mail. You can see the contract text in our customer login.
4. Terms of delivery
We deliver within Germany free shipping.
We only deliver in transit. Unfortunately, a self collection of the product is not possible.
We do not deliver to packing stations.
In our shop you can always use the following payment methods:
By submitting the order, you also transmit your credit card data to us at the same time.
After your legitimacy as a legitimate cardholder, we request your credit card issuer immediately after the order to initiate the payment transaction. The payment transaction is automatically performed by the credit card company and charged to your card.
In the order process you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data and confirm the payment order to us. After placing the order in the shop, we request PayPal to initiate the payment transaction.
The payment transaction will be carried out automatically by PayPal immediately thereafter. You'll get more information during the ordering process.
In the ordering process you will be redirected to the website of the online provider Amazon before the end of the order process in our online shop. In order to be able to process the order process via Amazon and pay the invoice amount, you must be registered there or first register and legitimize with your access data. There you can choose the delivery address and payment method stored on Amazon, confirm the use of your data by Amazon and the payment order to us. Afterwards you will be redirected to our online shop, where you can complete the order process.
Immediately after the order, we request Amazon to initiate the payment transaction. The payment transaction will be performed automatically by Amazon. You'll get more information during the ordering process.
Financing via EasyCredit
Additional terms and conditions for installment purchase by easyCredit
I. Supplementary Terms and Conditions
1. Scope and general conditions of use
The following supplementary general terms and conditions (hereinafter GTC) apply between you and the dealer for all contracts concluded with the dealer in which the installment purchase by easyCredit (in the following installment purchase) is used. The supplementary terms and conditions have priority over conflicting general terms and conditions of the dealer.
An installment purchase is only possible for customers, the consumers acc. § 13 BGB are and the age of 18 have completed.
2nd installment purchase
For your purchase, the dealer with the support of TeamBank AG Nuremberg, Beuthener Straße 25, 90471 Nuremberg (in the following TeamBank AG) provides the installment purchase as a further payment option.
The merchant reserves the right to check your credit rating. For details, please refer to the installment data privacy notice (see section II below). Should it not be possible to use the installment purchase due to insufficient creditworthiness or the achievement of the dealer turnover limit, the dealer reserves the right to offer you an alternative billing option. The installment purchase agreement is between you and the dealer. With the installment purchase you decide on a repayment of the purchase price in monthly installments. Monthly installments are payable over a fixed term, with the final installment possibly differing from the previous installment amounts. Ownership
The goods remain reserved until full payment. The receivables arising from the use of the installment purchase are assigned by the dealer to TeamBank AG as part of an ongoing factoring agreement. Payments can only be made to TeamBank AG with a debt-discharging effect.
3. Installment payment by SEPA direct debit
Through the SEPA direct debit mandate issued with the installment purchase, you authorize TeamBank AG to collect the payments to be made from the installment purchase from your checking account specified in the order process at the credit institution indicated there by means of a SEPA direct debit.
TeamBank AG will announce the collection by e-mail at the latest one calendar day before the due date of the SEPA direct debit (pre-notification / advance notice). The collection takes place at the earliest on the indicated date of the advance notice. A later, more timely
Moving in can be done. If there is a reduction in the purchase price between the pre-notification and the due date (for example, by means of credits), the debited amount may deviate from the amount stated in the pre-notification. You have to ensure that your current account has sufficient cover at the time of maturity. Your credit institution is not obliged to direct debit
to redeem if sufficient coverage of the current account is not given. Should there be a return debit due to a lack of required cover of the current account, due to an unauthorized objection of the account holder or due to the expiry of the current account, you will be in default without a separate reminder, unless the return debit is due to a circumstance that you are not responsible for to have.
The fees charged in the event of a return debit from your bank of TeamBank AG will be passed on to you and must be paid by you. If you are in default, TeamBank AG is entitled to charge for each reminder a reasonable reminder fee or default interest in the amount of five percentage points above the respective base interest rate of the European Central Bank. Due to the high costs associated with a return debit, we ask you
in the case of a withdrawal from the purchase contract, a return or a complaint, the SEPALastschrift not to contradict. In these cases, in coordination with the dealer, the repayment of the payment by remittance of the corresponding amount or
by a credit.
6. Retention of title
The goods remain our property until full payment.
For entrepreneurs applies in addition: We reserve the ownership of the goods until the complete settlement of all claims from an ongoing business relationship. You may resell the reserved goods in ordinary business; All claims resulting from this resale shall be assigned to us in advance - irrespective of any combination or mixing of the reserved goods with a new item - in the amount of the invoice amount, and we accept this assignment. You remain entitled to collect the claims, but we may also collect claims yourself, as far as you do not meet your payment obligations.
7. Transport damage
If goods are delivered with obvious transport damage, please complain about such errors as soon as possible to the deliverer and please contact us immediately. The failure to file a complaint or contact has no consequences for your statutory claims and their enforcement, in particular your warranty rights. However, they help us assert our own claims against the carrier or transport insurance.
The risk of accidental loss and accidental deterioration shall be transferred to you as soon as we have delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment. For merchants, the duty to inspect and to reprimand is regulated in § 377 HGB. If you refrain from doing so, the goods are deemed to have been approved, unless they are defects that were not identifiable during the inspection. This does not apply if we have fraudulently concealed a defect.
8. Warranty and Guarantees
Unless otherwise expressly agreed otherwise, the statutory warranty rights apply. For consumers, the limitation period for claims for defects in used goods is one year from delivery of the goods.
For entrepreneurs, the limitation period for warranty claims is one year from the transfer of risk; the statutory limitation periods for the recourse claim under § 478 BGB remain unaffected.
With regard to entrepreneurs, an agreement on the condition of the goods is understood to mean only our own information and the manufacturer's product descriptions that were included in the contract; We accept no liability for public statements made by the manufacturer or other advertising statements.
If the delivered goods are defective, we initially provide to entrepreneurs at our discretion warranty by rectification of the defect (repair) or by delivery of a defect-free item (replacement).
The above limitations and shortened terms do not apply to claims for damages caused by us, our legal representatives or vicarious agents
in violation of life, body or health
in case of intentional or grossly negligent breach of duty as well as malice
in case of breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance of which the contractual partner may regularly rely (cardinal obligations)
as part of a guarantee promise, as far as agreed
as far as the scope of the Product Liability Act is opened.
Information on any applicable additional guarantees and their exact conditions can be found in the product and on special information pages in the online shop.
We are always liable without limitation for claims due to damages caused by us, our legal representatives or vicarious agents
injury to life, body or health,
in case of intentional or grossly negligent breach of duty,
with guarantee promise, as far as agreed, or
as far as the scope of the Product Liability Act is opened.
In case of breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract and on which the contractual partner may regularly rely (cardinal obligations) by slight negligence on our part, our legal representatives or vicarious agents, the liability shall be the amount foreseeable at the time of conclusion of the contract Damage limited, which typically has to be expected. Incidentally, claims for damages are excluded.
10. Dispute resolution
The European Commission provides a platform for online dispute resolution (OS), available here http://ec.europa.eu/consumers/odr/.
We are not obligated and unwilling to participate in a dispute settlement procedure before a consumer arbitration board.
11. Final provisions
If you are an entrepreneur, then German law applies excluding the UN sales law.
Are you a merchant within the meaning of the Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.
AGB created with the Trusted Shops legal copy in cooperation with Wilde Beuger Solmecke lawyers.
JTL Shop 4.05, 28.08.2017