General Terms and Conditions of the Company Trainingsunterlagen24 GmbH
§ 1 General provisions
(1) The following General Terms and Conditions (T&Cs) are valid for all contracts, deliveries and other services of the company Trainingsunterlagen24 GmbH, managing directors (Managing Director) Sascha and Daniel Mathiebe, Ramstedter Str. 24, 39326 Zielitz, Germany (hereinafter referred to as Seller) towards their customers. The relevant version of the T&Cs is always the one valid at the time of ordering.
(2) Any terms of the customers’ deviating from these T&Cs are hereby rejected. The Seller will only agree to deviating provisions if this was expressly agreed in writing. Individual agreements with the customer (including side agreements, additions and amendments) always take priority over these T&Cs.
(3) The business relations between the Seller and the customers are subject to the law of the state of Germany excluding the United Nations Convention on Contracts for the International Sale of Goods. The court of jurisdiction shall be Zielitz if the customer is a business owner within the meaning of the German Commercial Code (Handelsgesetzbuch, HGB), a legal entity under public law or a special fund under public law.
(4) The contractual language is German.
§ 2 Contract content and conclusion of contract
(1) The Seller offers its customers various products (including sports equipment and toys) for purchase in its online shop or through eBay.
The Seller only carries out deliveries to nearly all countries countries.
(2) The contract conclusion on eBay is governed by the following provisions:
If, using the eBay platform, the Seller lists an item in the so-called fixed-price format, i.e. the ‘Buy It Now’ function, this constitutes a binding offer to conclude a contract concerning this item. The Seller determines a fixed price and a period during which the offer can be accepted (bidding period).
The customer accepts the offer by clicking the ‘Buy It Now’ or ‘Buy It New’ button and subsequently confirming. In the case of fixed price items for which the Seller has chosen the ‘Immediate Payment’ option, the customer accepts the offer by clicking the ‘Buy It Now’ button and completing the payment process that follows immediately. A customer can also accept offers for several items by putting those items into the shopping basket and completing the payment process that follows immediately.
In case the Seller ends a listing early, a contract is concluded between the Seller and the highest bidder unless the Seller was entitled to withdraw the offer and delete the existing offers. Reasons for ending a listing early can be viewed on http://pages.ebay.de/help/sell/end_early.html.
A customer can only retract his/her bid if a valid reason exists. (Reasons for the possibility of retracting a bid can be found here: pages.ebay.de/help/policies/invalid-bid-retraction.html). After a valid bid retraction, no contract is concluded between the Seller and whichever customer is again the highest bidder after the end of the auction due to bid retraction.
If eBay deletes an item before the offer period expires, no valid contract is concluded between the customer and the Seller.
The customer can correct his/her entries before submitting an order using the technical means provided by eBay. Corrections can be made through the usual keyboard and mouse functions on the offer page in the relevant entry fields. After clicking the ‘Buy It Now’ button, the customer can check his/her entries again on the following confirmation page. The customer will receive an email confirming the conclusion of the contract.
(3) If items are purchased in other ways than through eBay, the contract is concluded through the Seller’s acceptance of the order. Before sending the binding order, the customer can continuously correct all entries using the usual keyboard and mouse functions. In addition, all entries will be shown in a confirmation window prior to sending the binding order and can again be corrected using the usual keyboard and mouse functions. The customer will receive an email confirming receipt and acceptance of the order. All of the Seller’s offers in its online shop are non-binding. Deviations and technical alterations with regard to the images or descriptions are possible.
(4) Along with the confirmation of the order, the Seller will send the customer the contract text as well as these T&Cs and the revocation instructions.
§ 3 Prices and payment
(1) If items are purchased through eBay, the valid price is the price at which the purchase contract was concluded (cf. § 2, section 2). Apart from that, the stated prices apply. Unless expressly agreed otherwise, all prices include value-added tax but exclude shipping and packaging costs.
As a matter of principle, the Seller will only deliver to the customer against advance payment, instant transfer (‘Sofortüberweisung’), PayPal or in cases of purchase on account. The Seller will issue an invoice to the customer, which will be handed over upon delivery of the goods or otherwise sent in text form.
§ 4 Delivery and passing of risk
(1) The ordered goods are delivered to the address submitted by the customer unless otherwise agreed in the contract. The delivery is made from the Seller’s warehouse or straight from the manufacturer. The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good The customer will not be charged for extra costs resulting from partial deliveries.
(2) The availability of individual goods is stated in the item descriptions. For goods that are sold through online auction houses or that are described as ‘in stock’ in the online shop, the delivery period is two to four days of conclusion of the contract (in case of advance payment by bank transfer: five to six working days of the date the customer initiates the payment transaction) unless specified otherwise in the item description. If during a sale through the online shop the item is marked ‘out of stock’, the Seller will endeavour to deliver it as soon as possible. If the non-observance of a delivery period or performance period is due to force majeure, industrial action, unforeseeable obstacles or other circumstances arising through no fault of the Seller, the period will be extended appropriately.
(3) The Seller reserves the right to be released from the obligation to fulfil the contract if the goods that are to be delivered by a supplier by the day of delivery are not or only partially delivered. This reservation as to oneself obtaining delivery (‘Selbstbelieferungsvorbehalt’) only applies if the failure to deliver is not due to a fault on the Seller’s part. The failure to deliver shall not be deemed to have arisen from a fault on the Seller’s part if a matching cover transaction between the Seller and the supplier with the purpose of fulfilling Seller’s contractual obligations was concluded in good time. If the goods are not delivered, the Seller will notify the customer without undue delay and reimburse the purchase price.
(4) If the customer is a consumer, the risk is passed on to the customer upon delivery of the sold goods to the customer in accordance with § 446 of the German Civil Code (Bürgerliches Gesetzbuch, BGB). In all other cases, the risk is passed on to the customer upon delivery of the goods to the delivery company in accordance with § 447 BGB.
§ 5 Reservation of proprietary rights, right of retention
(1) The delivered goods shall remain the Seller’s property until fulfilment of all claims arising from the contract; furthermore, if the customer is a legal entity under public law, a special fund under public law or a business owner exercising his/her commercial or independent professional activity, the reservation of proprietary rights and right of retention arising from the ongoing business relation between the parties shall apply until full settlement of any and all claims to which the Seller is entitled in connection with the contract.
(2) The customer is entitled to exercising his/her right of retention only insofar as his/her counterclaim arises from the same contractual relation.
§ 6 Liability for material defects and defects of title
In case of defects, the customers are entitled to their statutory warranty rights according to the provisions set out below:
(1) The customer can only claim defects of the delivered goods, shortages or incorrect delivery if s/he notifies the Seller within the legal warranty period of two years. If the customer is a business owner, warranty period shall be one year. The aforementioned limits of liability shall not apply to damage claims of the customer concerning bodily injury or health damage due to a defect arising from a fault on the Seller’s part or based on gross neglect of the Seller or persons the Seller uses to perform the contract. If the contract only involves business owners within the meaning of the German Commercial Code (HGB), §§ 377 ff. of the HGB shall also apply.
(2) After receiving the notice of defect, the Seller will send the customer a parcel label for free return of the defective goods; hence carriage forward returns will not be accepted. If contrary to the notice of defect no defect exists, the customer is obliged to refund the costs of returning the goods.
(3) If defects exist and the Seller was notified in time, the Seller has the right to rectification. In case of failure of rectification, the customer has the right to reduce the purchase price or withdraw from the contract. In all other respects, the legal provisions apply.
§ 7 Liability
(1) Outside of its liability for material defects and defects of title, the Seller is liable without limitation as far as the cause of damage is due to intentional wrongdoing or gross negligence. The Seller is also liable for ordinary negligent violation of essential duties (duties whose violation jeopardises the achievement of the contractual purpose) and violation of material contractual obligations (‘Kardinalpflichten’, obligations whose observance is essential for making possible the proper execution of the contract and in whose observance the customer normally trusts); this, however, only applies to foreseeable, contract-specific damages. The Seller is not liable for ordinary negligent violation of other than the aforementioned duties.
(2) The liability limitations specified in the above section do not apply in cases of loss of life, physical injury and health damage; defects after acceptance of a guarantee for the product condition; and fraudulent concealment of defects. Liability according to the German Product Liability Act (Produkthaftungsgesetz) shall remain unaffected.
(3) If the Seller’s liability is excluded or limited, this applies equally to any personal liability of the Seller’s employees, representatives and/or persons the Seller uses to perform the contract.
§ 8 Data protection
(1) The customer has the right to withdraw his/her agreement at any time with effect for the future. In this case, the Seller is obliged to immediately delete the customer’s personal data. In case of ongoing order processes, deletion shall be carried out after the order process has been completed.
Right to cancel
You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire,or a third party other than the carrier and indicated by you acquires, physical possession of the last good.
To exercise the right to cancel, you must inform us (Trainingsunterlagen24 GmbH, managing directors Sascha and Daniel Mathiebe, Ramstedter Str. 24, 39326 Zielitz, Germany, VAT ID no.: DE814960857, email: firstname.lastname@example.org, tel.: +49 39208 4951 00, fax: +49 39208 4951 13) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model cancellation form, but it is not obligatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancel before the cancellation period has expired.
Effects of cancellation
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.