General Terms and Conditions - ASIS nettrade
1. General and scope
1.1 These general terms and conditions (hereinafter "GTC") of
Sportyshop - International Sports & Motorsports Marketing
Karl-Ferdinand-Braun-Str 16, Winsen Luhe, Germany
- acting under "Sportyshop - International Sports & Motorsports Marketing" -
(hereinafter referred to as "seller")
apply in the version valid at the time of the order for all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "customer") with the seller with regard to the goods displayed by the seller on the internet trading platform eBay (hereinafter "eBay") concludes.
1.2 Deviating conditions of the customer are not recognized unless the provider expressly agrees to their validity in writing.
1.3 A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity.
1.4 The language available for the conclusion of the contract is exclusively German. Translations of these terms and conditions into other languages are provided for your information only. In the event of any differences between the language versions, the German text has priority.
2. Order process and conclusion of contract
2.1 The seller's product descriptions presented on eBay do not represent binding offers on the part of the seller, but serve for the submission of a binding offer by the customer.
2.1 eBay Terms and Conditions
The conclusion of the contract is based on the general terms and conditions for the use of the German-language eBay services in the currently applicable version; available by clicking on the eBay terms and conditions link in the footer.
2.2 Buy now, immediate payment, shopping cart, order as a guest
The setting of the goods by the seller constitutes an offer to conclude a contract. By clicking the “Buy it now” button and then clicking the “Buy” button, the customer accepts the offer. The operator of eBay informs the customer about the conclusion of the contract by email.
Before clicking the “Buy” button, the customer can correct input errors by clicking the “Back” button in his browser and changing the input in the input field using an input device. A correction is also possible by canceling the order process and carrying out it again. After clicking the “Buy” button, no further corrections can be made.
If the seller uses the "immediate payment" option, the customer only accepts the offer by completing the payment process by clicking the "Buy It Now" button and completing the immediately following payment process.
The customer can also accept offers for several articles by placing the articles in the shopping cart (if available) (buttons "Add to shopping cart" and "Continue to checkout") and the subsequent payment process by clicking the button "Buy and pay" concludes.
Before clicking the “Buy and Pay” button, the customer can correct input errors by clicking the “Back” button in his browser and changing the input in the input field using an input device. A correction is also possible by canceling the order process and carrying out it again. After clicking the “Buy and Pay” button, no further corrections can be made.
The customer can also accept an offer by clicking the "Buy it now" and "Order as a guest" buttons, entering his data and completing the subsequent payment process by clicking the "Buy and pay" button.
Before clicking the “Buy and Pay” button, the customer can correct input errors by clicking the “Back” button in his browser and changing the input in the input field using an input device. A correction is also possible by canceling the order process and carrying out it again. After clicking the “Buy and Pay” button, no further corrections can be made.
2.3 Starting price auction
The setting of the goods by the seller represents a conditional offer to conclude a contract. By entering the maximum offer in the input field, clicking the "Bid" button and then clicking the "Confirm bid" button, the customer accepts the offer. The contract is concluded if the customer's offer is not outbid by other users during the auction and a minimum price specified by the seller has been reached. The operator of eBay informs the customer about the conclusion of the contract by email.
Before clicking the “Confirm bid” button, the customer can correct input errors by clicking the “Back” button in his browser and changing the entries in the Correct the input field using the input device. A correction is also possible by canceling the order process and carrying out it again. After clicking the "Confirm bid" button, no further corrections can be made.
2.4 Suggest Price Option
Buy it now auctions can be provided by the seller with the option "Propose Price". After clicking the "Suggest price" button, the customer can enter a price proposal in the input field and submit it to the seller by clicking the "Check price proposal" button and then "Send price proposal". A contract is concluded if the seller accepts the proposed price. The operator of eBay informs the customer about the conclusion of the contract by email.
Before clicking the “Send price proposal” button, the customer can correct input errors by clicking the “Back” button in his browser and changing the input in the input field using an input device. A correction is also possible by canceling the process and performing it again. After clicking the "Send price proposal" button, no further corrections can be made.
2.5 Priority of the eBay terms and conditions
In case of doubt, the conclusion of the contract is based on the eBay General Terms and Conditions mentioned in point 2.1.
3. Prices and payment methods, shipping costs
3.1 The prices given by the seller are total prices and include the statutory sales tax.
3.2 The customer has the option of paying by: (for example) PayPal, Mastercard, American Card and direct debit.
3.3 In addition to the prices stated, the seller charges shipping costs for delivery. The shipping costs are stated separately to the buyer in the respective product description and clearly communicated during the ordering process.
3.4 In the case of delivery of goods outside the European Union, additional costs may be incurred in individual cases; These are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also arise in relation to the money transfer if the delivery is not made to a country outside the European Union, but the customer makes the payment to the seller from a country outside the European Union.
4. Delivery and shipping conditions
4.1 The seller delivers the goods in accordance with the agreements made. Delivery dates and deadlines are only binding if they have been confirmed in writing by the seller.
4.2 Unless otherwise stated for the product, the delivery time is 3 - 5 days. If the deadline falls on a Saturday, Sunday or public holiday at the place of delivery, the deadline ends on the next working day.
4.3 The delivery of goods takes place on the dispatch route to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address stored by the customer on Amazon is decisive.
4.4 The seller has the right to determine a suitable shipping route. As soon as the goods are handed over to the customer, the risk is transferred to him. This also applies to partial deliveries. If the customer is a consumer, the risk of accidental loss and accidental deterioration of the item sold is not transferred to the customer until the item is handed over, even if the item is sold by mail. The handover is the same if the customer is in default of acceptance.
5. Retention of Title
5.1 The goods remain the property of the seller until the purchase price has been paid in full.
5.2 The customer is not entitled to sell the goods to third parties until the purchase price has been paid in full or to take any other measures that could endanger the property of the seller. The customer already now assigns his future claims against the purchaser in the amount of the purchase price agreed between the seller and the customer including interest and ancillary claims to the seller.
6. Right of withdrawal and cancellation policy
6.1 Consumers have a right of withdrawal.
6.2 More information on the right of withdrawal can be found in the cancellation policy.
7. Warranty
7.1 If the goods purchased and delivered in our online shop are defective, you are entitled, within the framework of the statutory provisions, to request supplementary performance, to withdraw from the contract or to reduce the purchase price.
7.2 The limitation period for warranty claims for the delivered goods is two years from receipt of the goods. Claims based on defects that we have fraudulently concealed are statute-barred within the regular limitation period. If the customer is an entrepreneur within the meaning of Section 14 of the German Civil Code, the warranty period is one year.
7.3 You are also entitled to rights due to defects within the scope of a quality and / or durability guarantee, provided that
we have expressly given such in relation to the item sold in individual cases.
8. Liability and Disclaimer
8.1 The seller has unlimited liability insofar as the cause of the damage is based on intent or gross negligence.
8.2 Furthermore, the seller is liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the customer regularly relies. In this case, however, the seller is only liable for the foreseeable, contract-typical damage. The seller is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
8.3 The above limitations of liability do not apply in the case of injury to life, body and health, for a defect after assuming a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
8.4 Insofar as the seller's liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
9. Applicable law, place of performance, place of jurisdiction
9.1 The law of the Federal Republic of Germany applies to the exclusion of the UN sales law. This choice of law only applies to consumers insofar as they do not restrict any mandatory statutory provisions of the state in which they have their domicile or habitual residence.
9.2 If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business, Winsen Luhe. The same applies if the customer does not have a general place of jurisdiction in Germany or the EU or if the place of residence or habitual residence is not known at the time the action is brought.
10. Online Dispute Resolution
10.1 The European Commission provides a platform for online dispute resolution, which you can find here http://ec.europa.eu/consumers/odr/. Consumers have the opportunity to use this platform to settle their disputes.
10.2 The provider is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.