General Terms and Conditions
§ 1 General provisions
These General Terms and Conditions shall apply to contracts between eleven teamsports GmbH and their customers. The following shall apply for the use of the term “consumer“ in this document: A consumer is any natural person entering into a legally binding transaction for purposes which do not predominantly fall within the sphere of his commercial or professional activity.
Subject to individual agreements to the contrary, these General Terms and Conditions shall apply exclusively. Any reference to the customer’s General Terms and Conditions by way of standard form is contradicted.
If articles are added to the order at no charge, then this takes place under the condition that the purchase contract holds true, and in particular that it is not nullified through withdrawal or cancellation. If the purchase contract is nullified, then these articles are also to be returned.
§ 2
Conclusion of the contract
All information on the website merely represents a request to issue an offer. The presentation of the products in our online shop is not a legally binding offer; instead it represents a non-binding online catalogue. The information neither represents an offer on our side, nor a legally binding contract. By placing his order, the customer issues an offer to purchase the products listed in the order.
After we receive the order we send an order confirmation by e-mail. This does not imply acceptance of the customer’s offer. An acceptance of the offer is made only through receipt of a shipping confirmation. We do not take on any procurement risk for the affected goods through our acceptance of the offer.
Also, for team jersey and competition campaigns, the information which we provide does not represent a legally binding offer. A legally binding contract for the goods comes into being only through receipt of a shipping confirmation.
§ 3 Prices
All prices include VAT at the applicable rate. If the customer is an entrepreneur, the following applies: Changes in the list prices of our suppliers which come into force between contract conclusion and delivery, or in freight charges, taxes, duties, fees forming the basis of the price calculation, or in other costs, or the occurrence of new charges entitle us to a corresponding price increase, as long as our customer is able to demand payment of these costs from his contracting parties.
If the customer is a consumer, the following applies: We have a right to a price increase for the above-mentioned reasons and to the above-mentioned scope if the goods or services ought to have been delivered or provided at least four months before conclusion of the contract. This does not apply to continuing obligations.
§ 4 Right of cancellation and Cancellation form
Only consumers are granted the right of cancellation as stipulated in the statutory provisions; in connection with this, please note the Cancellation Policy (provided under: https://www.11teamsports.com/de-de/informationen/widerrufsrecht/) and the Cancellation Form (provided under: https://www.11teamsports.com/de-de/informationen/widerrufsformular/) or the Sample Cancellation Form (provided under: https://www.11teamsports.com/de-de/informationen/ widerrufsrecht/#Muster-Widerrufsformular).
Unless the parties have agreed something to the contrary, the right of cancellation does not apply to contracts for delivery of goods which are not prefabricated and for the manufacture of which an individual choice or provision by the consumer is decisive, or which are clearly tailored to the personal requirements of the consumer.
§ 5 Retention of title
The following shall apply, when the customer is a consumer: The goods shall remain our property until the purchase price has been paid in full. The purchaser is not authorised to sell, dispose of, or encumber the goods before they have passed into his ownership. If execution is levied against any of the customer's goods by a third party the customer is obliged to immediately inform us and to provide us with all information and documents required for an intervention.
The purchaser shall compensate the vendor for all damages and costs which arise through a breach of this obligation and through necessary measures of intervention against third-party access.
If the purchaser acts contrary to contract, especially if he does not fulfil his payment obligations despite a payment reminder from the vendor, then the vendor, having previously set an appropriate deadline, is entitled to withdraw from the contract and require that the purchaser returns the goods still in his possession. If the vendor takes the goods back, then this represents a withdrawal from the contract. The purchaser shall bear the resulting transport costs. If the vendor seizes the goods, then this in all cases represents a withdrawal from the contract. After receiving the goods back, the vendor is authorised to liquidate the relevant goods. The return from liquidation is to be set off against the vendor’s payment obligation – after deduction of appropriate expenses of liquidation.
In addition to this, the following shall apply when the customer is an entrepreneur: The customer is permitted to resell the goods in the ordinary course of business. The claim for the purchase price in the amount of the outstanding claim to which we are entitled shall be considered as assigned to us by the customer already, and we accept the assignment. The customer is revocably authorised to collect the claim. Upon informal request, the customer is obliged to communicate the name and address of the relevant debtor. However, we will not undertake to collect the claim on our end unless the customer is in default or insolvency proceedings were filed against the customer's assets.
Any processing or transformation of the goods shall be to our benefit. In the event that the goods are being transformed or processed using other materials than those owned by us, we shall acquire co-ownership in the new item in proportion of the value of the goods (final invoice amount incl. VAT) to the value of the new item. The same shall apply to compounds or inseparable mixtures if the goods do not represent the principal item.
§ 6 Shipping
If we are contractually responsible for the delivery of the goods, we hand the goods over to a shipping company which delivers them “free curb. The delivery times for the articles derive from the description of the goods provided as part of our offer. If nothing else is specified in the offer, then if prepayment has been agreed, as a rule, we send the goods within two working days from receipt of payment; if prepayment has not been agreed, then, as a rule, the goods are dispatched within two working days from receipt of your order.
If the customer is an entrepreneur, the following applies: All shipments are always undertaken at the customer’s risk. The risk shall transfer to the customer as soon as the shipment has been transferred to the person carrying out the transport. We select the shipping method and route, but without guaranteeing the cheapest shipping, full exploitation of the carrying capacity, or the desired vehicle or container size. Where possible, the customer’s wishes are taken into account at his expenses. We shall not be liable for delays in delivery for which the shipping company is responsible.
Even for periods and deadlines which are bindingly agreed, we shall not be responsible for delays in delivery and performance caused by force majeure or by events which make delivery significantly difficult or impossible for us (these also include material procurement difficulties, operational disruptions, strikes, lock-outs, staff shortages, lack of means of transport, official directives, etc. which occur subsequently, even if they occur to our suppliers or their subcontractors). They entitle us to postpone the delivery by the duration of the obstruction plus an appropriate start-up time, or to partially or fully withdraw from the contract because of the part of the contract which is still unfulfilled.
If the obstruction lasts for more than 6 weeks, then after setting an appropriate extension period the customer has the right to withdraw from the contract because of the part of the contract which is still unfulfilled.
If the products can be used separately, then we have the right to make partial deliveries, in which case we bear the additional delivery charges.
By way of exception, we are not under obligation to deliver the ordered goods if we have not been supplied correctly or in time although we, on our part, have duly ordered the goods (congruent hedging transaction). However, for this exception to apply, the non-availability of the goods must be beyond our control, and we must have informed the customer of this circumstance without delay. In addition to this, we shall not have assumed the procurement risk. Should the goods in question be unavailable we will immediately reimburse you for any payments which might have been already made.
§ 7 Product warranty and sales contracts
Please note that no claim under warranty exists when the product has the agreed characteristics at the time when transfer of risk takes place. A claim under warranty does not exist in the following specific cases:
· for damages suffered by the customer through misuse or abuse.
·
for damages
which have occurred through exposure of the products by the customer to
damaging external influences (especially extreme temperatures, moisture,
exceptional physical stress).
If rectification or replacement delivery is unsuccessful after an appropriate period, the customer has the choice between to either demand a price reduction or withdraw from the contract.
Entrepreneurs‘ claims under warranty are subject to a limitation period of one year; this does not affect the period of limitation for recourse claims under §§ 478, 479 BGB (German Civil Code). However, product liability for used goods is excluded vis-à-vis entrepreneurs, unless we have breached our obligations through gross negligence or intent. Claims under warranty vis-à-vis consumers are subject to a limitation period of two years, product liability for used goods is limited to one year.
If the customer is an entrepreneur, the following applies: When the delivery arrives, the customer shall immediately inspect it for its identity and for transport and storage defects, and shall immediately inform us of any defects or losses, by means of a carrier’s report and a written communication. In addition, obvious defects shall be immediately reported to us in writing, no later than two weeks after delivery. Defects which cannot be detected, even by careful inspection, within this period shall be reported to us immediately after discovery.
The above paragraphs contain, finally and in full, the extent of our product warranty, and any other type of claims under warranty are excluded. This does not apply when the customer is a consumer.
§ 8 Liability
Claims for damages arising from all types of service disruption and from unauthorised action are excluded, both against us and against our vicarious agents and assistants, unless the damage was caused deliberately or through gross negligence. This does not apply to claims for damages arising from warranted characteristics intended to protect the customer from the risk of consequential damage because of defects, or to injuries of life, body and health.
We shall not be responsible for delays to delivery which arise because of manufacturing delays.
We exclude any
liability for damages and expenses caused by simple negligence unless these
claims are based upon the breach of a contractual obligation which needs to be duly
fulfilled to enable the proper performance of the contract in the first place,
and on compliance with which the customer can generally rely (hereinafter
referred to as "cardinal obligations"); and unless claims based on
injury to life, limb or health are affected. Also, claims which are based upon
the Product Liability Act remain unaffected. Insofar as a breach of a cardinal
obligation is caused by negligence, our liability shall be limited in amount to
such damages and expenses that are typically associated with the contract, and which
are foreseeable.
If the customer is an entrepreneur, the following applies: The customer’s right to withdraw from the contract is excluded unless we are responsible for the breach of duty. This has no effect on the right to withdraw from the contract on the basis of warranty for defects.
This also applies to a
breach of duty by one of our vicarious agents.
In the case of a claim for payment, and if the contractual partner is an entrepreneur, the contractual partner's claims to interest on arrears shall remain unaffected by the above. The same shall apply to the contractual partner’s claim for payment of a lump sum pursuant to Section 288 (5) of the German Civil Code (BGB); and to a compensation for damage caused by legal expenses.
§ 9
Enhancement with motifs
For the purpose which he is pursuing, the purchaser bears the risk of the usability of motifs obtained from us, unless something to the contrary has been agreed with us in writing. We can accept no guarantee that their use does not breach third-party rights.
When printing motifs and patterns, it is not the enhancer’s duty to ensure their freedom from the commercial protection rights of third parties or to obtain agreement to the use of these motifs and patterns.
If the customer provides his own motif/pattern/design for processing/creation, or if the customer affects the design of the product in another way, then he shall guarantee its freedom from commercial protection rights of third parties, especially trade names, and copyright, personality, and/or trademark rights. If the client/customer is responsible for the breach of duty, then he shall indemnify eleven teamsports GmbH from all demands and claims arising from the breach of such third-party rights. eleven teamsports GmbH is not obliged to check the motifs/patterns/designs submitted, but the company has the right to suspend its work if there is a justified suspicion of a breach of rights.
In the event of a breach of the rights described above, any damages and so-called frustrated efforts (“the loss lies where it falls”) on the part of the client/customer are at his expense.
§9a Particular aspects of enhanced products
After the purchaser has commenced the enhancement of the goods supplied, any complaint about outstanding defects, including those which could have been discovered through proper inspection (§ 377 HGB [German Commercial Code]), is excluded. The consumer’s warranty rights remain unaffected by this. The purchaser enhances the supplied goods at his own risk. No liability of any type whatsoever (excepting the cases of liability in § 9) is accepted if enhancement was performed which deviates from the instructions which we provided, especially regarding the use of enhancement technologies. The enhancer is not liable for commercial differences or slight, technically unavoidable deteriorations and deviations, e.g. in quality, colour, width, weight, equipment, or design.
§ 10 Set off
The customer shall only be permitted to set off claims if these claims are either uncontested, or recognised by us, or have been confirmed by a final, non-appealable judgement or other court decision. These restrictions shall not apply if the claim intended to be set off arises from the same contractual relationship as our claim.
§ 11 (VSBG) Note on information obligations according to the Act on Alternative Dispute Resolution in Consumer Matters (VSBG)
We are not obliged to participate in a dispute resolution procedure before a consumer arbitration board. Please note that we are not willing to do so either.
§ 12 Final provisions
The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, the provisions of national law at their place of residence remain unaffected. If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction shall be Crailsheim.
§ 13
Prevailing German Version
These General Terms and Conditions shall be interpreted according to German interpretation of law. If the legal meaning of a translation deviates from the German legal meaning, the German legal meaning shall have precedence.
Version dated November 2018