General Terms And Conditions
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, in the course of entering into a legal transaction, acts in the exercise 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 ordering 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. The contract text can be viewed in our customer login.
4. Terms of delivery
We deliver within Europe 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 basically use the following payment methods:
By submitting the order, you also transmit your credit card information 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.
Purchase on account via PayPal (available in Germany & Austria)
When buying on account with PayPal, you always get the goods first and you always have a payment period of 14 days. In cooperation with PayPal, we offer you the PayPal purchase on account as a payment option.
Please note that PayPal purchase on account is only available to consumers and that payment must be made to PayPal. When buying on account with PayPal, you always get the goods first and you always have a payment period of 14 days.
In the ordering process, you will be forwarded to the website of the online provider Amazon before the end of the ordering process in our online shop. In order 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 instructions 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.
A detailed list of cookies and an explanation of their purpose can be found here for Germany.
2. installment purchase via easyCredit
For your purchase, the dealer with the support of TeamBank AG Nuremberg, Beuthener Straße 25, 90471 Nuremberg (hereinafter TeamBank AG) provides the installment purchase as a further payment option. The merchant reserves the right to verify your credit rating. For details, please refer to the installment 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 claims 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
With the SEPA direct debit mandate issued with the installment purchase, you authorize the
TeamBank AG, the payments due from the installment purchase, from yours in the
Order account at the credit institution specified there through 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, timely collection can be done. If a reduction in the purchase price between the pre-notification and the due date occurs (for example, through credits), then the debited amount may differ from the amount stated in the pre-notification.
You must ensure that your checking account has sufficient cover at the time of maturity. Your credit institution is not obligated to redeem the direct debit, if sufficient cover of the current account is not given. Should there be a return debit due to an unauthorized objection of the account holder or due to the expiry of the current account, you will be in default even 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 forwarded to you and paid by you. If you are in default, TeamBank AG shall be entitled to charge 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 for each reminder. Due to the high costs associated with a return debit note, we ask you in the event 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 note.
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 arising from this resale shall be assigned to us in advance - irrespective of any combination or mixing of the goods subject to retention of title with a new item - and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims yourself, as long 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 claim our own claims against the carrier or the transport insurance.
For entrepreneurs applies:
The risk of accidental loss and accidental deterioration will be transferred to you as soon as we have delivered the item to the shipper, the carrier or the person or institution otherwise responsible for carrying out the shipment. For merchants, the duty to inspect and to reprimand, which is regulated in § 377 HGB, applies. 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
All products offered in our Sport Vibrations Pro Shop have the respective manufacturer's guarantee period as well as the statutory 2-year guarantee from the date of purchase.
In case of improper use or willful damage no guarantee is given.
Injury or damage to property or persons is not covered by this warranty. In case of complaints, please contact your distributor directly in your country. Since all or several parts are rarely defective at the same time, only the defective parts are always repaired or replaced.
Unless otherwise expressly agreed, the statutory liability for defects applies. 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 claims for defects is one year from the transfer of risk; the statutory periods of limitation for the right of recourse according to § 478 BGB remain unaffected.
With regard to entrepreneurs, the only agreement that applies to the condition of the goods is our own details and the manufacturer's product descriptions which 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 (rectification) 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 the case of breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the contractual partner may regularly rely (cardinal obligations)
- as part of a guarantee promise, as far as agreed
- as far as the scope of application 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 damage caused by us, our legal representatives or vicarious agents
- in case of 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 application of the Product Liability Act is opened.
In the event of a breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract and (contractual) obligations by ordinary negligence of us, our legal representatives or vicarious agents, the liability shall be limited to the amount foreseeable at the time the contract was concluded 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, legal entity under public law or 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 copywriter in cooperation with Wilde Beuger Solmecke Rechtsanwälte.
JTL Shop 4.05, 28.08.2017