General Terms and Conditions of Sale and Delivery for Internet Sales (GTC)
I. Preliminary remark
(1) Scope of application
All offers, sales contracts and deliveries based on orders placed by our customers (hereinafter “customers”) via our online store https://shop-en.artec-sportgeraete.de/ (hereinafter “online shop”) are subject to these General Terms and Conditions (GTC).
The range of products in our online shop equally addresses consumers as wellas entrepreneurs. For the purpose of these GTC (i) a “consumer” is any natural person, who enters into a legal transaction for purposes which can be attributed in the main neither to commercial nor independent professional activities (§ 13 BGB (German Civil Code)) and (ii) an “entrepreneur” is any natural or legal person or a private company with legal capacity which enters into a legal transaction in the exercise of their commercial or independent professional activities (§ 14 BGB).
In the following section “II. General conditions”, those conditions are listed which especially apply to the consumer. They also apply to the entrepreneurs unless it is explicitly pointed out that their scope of application is limited to the consumer.
In section “III. Special conditions” further conditions are listed which solely apply to entrepreneurs.
II. General conditions
(1) Contract language
The language available for the conclusion of the contract is German.
(2) Contractual partner
The contract of sale is concluded with artec Sportgeräte GmbH.
(3) Ordering process/conclusion of contract
The image of the products in our online shop does not show a legally binding offer but a non-binding online catalogue.
By pressing the button “add to cart” the customer is able to place the respective goods into a virtual shopping cart. This act is non-binding and does not display a contractual offer.
Before placing an order, the content of the virtual shopping cart is summarised together with customer details on an overview page. Here the customer is able to correct all order data using the buttons “back”, “change” or “edit cart” (at the end of the ordering process) or cancel the ordering process by closing the browser window.
By pressing the button “buy now” the customer gives us a binding offer to conclude a purchase contract. We may accept this offer until the end of the third working day following the day the offer was made.
Once the order is submitted the customer receives an automatically generated email confirming the receipt and showing the details of the order (confirmation of receipt). This confirmation of receipt does not constitute an acceptance of the order.
The contract is only concluded once the order confirmation is sent or the goods are delivered. By choosing the payment method “PayPal” the contract is concluded once the payment order to PayPal is confirmed by the customer.
(4) Printing/storage of the contract wording/GTC
We store the contract text and send the customer the order data and these General Terms and Conditions by e-mail.
The customer can also save or print the General Terms and Conditions at any time by pressing the “Save” or the “Print” button at the bottom of this page.
If the customer has a customer account, he can also view his past orders at any time via the “My Account” function.
(5) Right of cancellation for consumers
Each customer, who is a consumer, has the legal right of cancellation.
Details can be taken form the cancellation policy under the link “Cancellation Policy“.
(6) Supplier identification, summonable address
Our contact details for claims and other declarations of intent as well as our complete address are:
artec Sportgeräte GmbH
represented by the managing director Roland Gröschel
Elf Stücken 33
Tel.: +49 (0) 5422 94700
Fax.: +49 (0) 5422 947070
Registry Court: District Court Osnabrueck
Company Registration Number: HRB 17567
VAT no.: DE162589764
(7) Prices, shipping costs
Our prices include the statutory VAT and include delivery on German main land only.
The customer bears the shipping costs. A summary of the shipping methods and the respective shipping costs can be found under the link “Shipping and Payment“. The shipping costs are also displayed to the customer before submitting the order on the summary page and have to be confirmed.
(8) Return shipping costs in case of withdrawal
It is agreed that, in case that the customer is consumer and revokes the contract in the context of his legal right of cancellation, he has to bear the direct costs for the return shipment of the goods.
(9) Terms of payment
In principle, payment is made according to the choice of the customer by advance payment, direct debit, PayPal or by credit card:
When choosing the payment method “advance payment” we will give you our bank details in the order confirmation. There will be no additional costs for this payment method with the exception of possible transfer costs charged by the bank of the customer.
By choosing the payment method “direct debit” you will be asked to give yourbank details during the ordering process and allow us to deduct the payable amount from your bank account. The deduction is effected upon sending the order confirmation.
By choosing the payment method “PayPal” the payment is effected via the online provider with the same name. In order to use this payment method, the customer has to be registered with PayPal or respectively has to register first, legitimise with his login data and confirm to us the payment order (with the exception of a possible guest access). You will receive further instructions during the ordering process.
By choosing the payment method “credit card” you will enter your credit card number, the expiry date of the credit card and a verification number during the ordering process. Your credit card will be charged upon sending the order confirmation.
Delivery will only be made within Germany.
Unless otherwise expressly agreed, we shall determine the appropriate mode of shipment and the transport company at our reasonable discretion.
To a reasonable extent for the customer, we are entitled to make partial deliveries. The customer shall not incur additional shipping costs as a result of partial deliveries.
In the event of non-availability of the ordered goods for which we are not responsible as a result of untimely or incorrect delivery (including delivery of short quantities) by our (upstream) supplier despite a delivery contract concluded by us with the (upstream) supplier for the ordered goods, we reserve the right not to deliver. In this case, we undertake to inform the customer immediately about the non-availability of the ordered goods and to refund any consideration (payments) already received from the customer without delay.
Delivery shall be made within the delivery period specified for the respective product.
The delivery period begins on the day of receipt of the full purchase price (including VAT and shipping costs).
Delivery is made only at ground level and only to the first door to the address specified by the customer.
In principle, you have the possibility of collection from artec Sportgeräte GmbH, Elf Stücken 33, 49324 Melle during the following business hours:
- Monday – Thursday from 8am to 5pm,
- Friday from 8am to 3pm.
(11) Retention of ownership
The delivered goods remain to be our property until complete payment.
(12) Rights in case of material defects
If the customer is a consumer, he shall be entitled to the statutory warranty claims for all goods sold by us in the event of a material defect.
(13) Data protection
We collect and store the data of the customer necessary for the business transaction. When processing the customer’s personal data, we comply with the statutory provisions. Further details can be found in our “Privacy Statement“. Upon request, the customer will receive information about the personal data stored about him at any time.
(14) Further regulations, settlement of disputes
If one or more regulations of these Terms & Conditions become invalid the validity of the remaining regulations shall not be affected. The provision rendered invalid shall be replaced by the legally valid regulation.
German law applies, to the exclusion of the UN purchasing law (CISG). This choice of law applies only insofar as the consumer protection granted by compulsory regulations of the state in which the consumer has his habitual residence at the time of placing the order are not withdrawn.
The European Commission provides a platform for online dispute resolution (OS), which you can find under the following link: http://ec.europa.eu/consumers/odr/.
Alternative Dispute Resolution pursuant to Article 14 (1) ODR Regulation and Section 36 VSBG:
The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr/. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
III. Special conditions
(1) Future business, customer GTCs
These General Terms and Conditions shall also apply to future transactions with customers who are entrepreneurs, even if we do not refer to them again separately in the future.
The customer’s terms and conditions shall not apply, even if we do not separately object to their application in individual cases.
We shall also be liable for damages to customers who are entrepreneurs in accordance with the statutory provisions without restriction if these are
(a) are based on injury to life, limb or health and are caused by an intentional or negligent breach of duty by us, our legal representatives or vicarious agents, or
(b) are based on an intentional or grossly negligent breach of duty by us, our legal representatives or vicarious agents, or
(c) are based on the Product Liability Act or
(d) we have assumed a procurement risk or a guarantee and are therefore liable.
If a damage is only based on negligent, but not grossly negligent violation of an essential contractual obligation (cardinal obligation) by us, our legal representatives or vicarious agents, without there being a claim based on the above provisions under (a) to (d) at the same time, we shall also be liable for damages, but the amount shall be limited to the typically arising and foreseeable damage.
Material contractual obligations (cardinal obligations) in the aforementioned sense are those obligations on whose proper fulfillment the customer relies and may also rely because they characterize the contract.
In addition, we shall be liable to the extent that claims for damages are covered by liability insurance.
The statutory distribution of the burden of proof shall apply.
Any further claims for damages against us, our legal representatives or vicarious agents shall be excluded, irrespective of the legal grounds on which they are based.
(3) Limitation of claims for material defects
Rights and claims of customers who are entrepreneurs shall become statute-barred after one year, unless,
(a) the delivered goods are used for a building in accordance with their customary use and have caused the defectiveness thereof, or
(b) it is a matter of claims for reimbursement of expenses in accordance with § 479 BGB or
(c) the defect is based on an intentional breach of duty by us, our legal representatives or vicarious agents or
(d) it is a matter of claims for damages.
In cases (a) to (d) the statutory limitation periods shall apply.
The statutory provisions on suspension, suspension of expiry and recommencement of the limitation period shall apply.
(4) Retention of ownership
With respect to customers who are entrepreneurs, the following retention of title shall apply in deviation from the provision in (11), II. General Provisions:
We retain title to all goods delivered (reserved goods) until the purchase price has been paid in full and until all our claims arising from the business relationship have been paid.
The customer is entitled to further process and resell the goods in the ordinary course of business as long as he is not in default with the fulfillment of his obligations towards us or stops his payments. The following shall apply in detail:
(a) The processing or transformation of the reserved goods shall be carried out for us within the meaning of § 950 BGB without obligating us. By processing or transforming the reserved goods, the customer shall not acquire ownership of the new item pursuant to § 950 BGB. If the goods subject to retention of title are processed, mixed, blended or combined with other items, we shall acquire co-ownership of the new item in a share corresponding to the ratio of the invoice value of our goods subject to retention of title to the total value. The provisions applicable to the goods subject to retention of title shall apply mutatis mutandis to the co-ownership shares arising under the above provisions.
(b) The customer hereby assigns to us the claims arising from the resale or other sales transactions, such as contracts for work and services, together with all ancillary rights, and also on a pro rata basis to the extent that the goods have been processed, mixed or blended and we have acquired co-ownership thereof in the amount of our invoice value or the goods have been permanently installed. Insofar as the goods subject to retention of title are processed, mixed, blended or firmly installed, we shall be entitled from this assignment to a fraction of the respective claim from the resale corresponding to the ratio of the invoice value of our goods subject to retention of title to the invoice value of the item. If the reserved goods are sold by the customer together with other goods not supplied by us, the customer hereby assigns to us a share of the claim from the resale in the amount of the invoice value of our reserved goods.
If the customer has sold this claim within the framework of genuine factoring, he hereby assigns to us the claim against the factor taking its place. If the customer places the claim from the resale in a current account relationship with his customer, he hereby assigns his claims from the current account relationship to us in the amount of the invoice value of the reserved goods.
(c) We hereby accept the above assignments.
(d) Until revoked by us, the customer shall be entitled to collect the claims assigned to him. The authorization to collect shall expire upon revocation, which shall occur if the customer is in default of payment or ceases payment. In this case, we are authorized by the customer to inform the buyers of the assignment and to collect the claim ourselves.
Upon request, the customer shall be obligated to provide us with a precise list of the claims to which he is entitled, including the names and addresses of the purchasers, the amount of the individual claims, the invoice date, etc., and to provide us with all information and documents necessary for the assertion of the assigned claims and to permit the verification of such information.
(e) Amounts received by the customer from assigned claims shall be kept separately for us until they are transferred to us.
(f) Pledging or transfer by way of security of the reserved goods or the assigned claims shall not be permitted. We must be informed immediately of any pledges, stating the name of the pledgee.
If the value of the securities to which we are entitled exceeds our total claim against the customer by more than 10%, we shall be obliged to release such securities at the customer’s request.
The customer shall store the goods subject to retention of title for us free of charge. The customer shall insure them against usual risks such as fire, theft and water to the usual extent. The customer hereby assigns to us his claims for compensation to which he is entitled from damages of the aforementioned kind against insurance companies or other parties obliged to pay compensation, in the amount of his claim. We accept the assignment.
(5) Transport damages
If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration shall pass to him as soon as we have delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment.
(6) Place of fulfillment / place of jurisdiction
Place of performance and place of jurisdiction shall be at our registered office in each case, provided that the entrepreneur customer is a merchant or the other requirements of an agreement on the place of jurisdiction pursuant to Section 38 of the German Code of Civil Procedure (ZPO) are fulfilled.
We shall always also be entitled to assert claims against the entrepreneur customer at his general place of jurisdiction.
(7) Applicable law
In deviation from the provision in the 2nd paragraph of (14), II. General Terms and Conditions, German law shall always apply to the contractual relationship vis-à-vis customers who are entrepreneurs, as between two contractual partners who have their registered office in Germany, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).