Terms and Conditions
§ 1 General provisions
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
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.
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
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).
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
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
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.
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.
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.
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
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
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.
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
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
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:
suffered by the customer through misuse or abuse.
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.
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.
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
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
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
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
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.
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.
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
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
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
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
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.
Prevailing German Version
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.
dated November 2018