GENERAL TERMS AND CONDITIONS
<p><strong>General terms and conditions</strong></p>
These contractual conditions apply to all contracts made between</p>
<p> GA11 Sports GmbH, owner Gazwan Avakhti<br> Niesteblick 4<br> 34266 Niestetal</p>
<p>( hereafter "Supplier" or "we") and our customers ( hereafter "Customer" or "you") are concluded exclusively using remote means of communication (i.e. via the Internet or by telephone) in our online store. For contracts that we enter into in our offline store (retail store), the terms and conditions included therein shall apply.</p>
<p><b>Section 1: Scope, Definitions</b></p>
<p> (1) The following General Terms and Conditions in the valid version at the time of the order shall apply exclusively to the business relationship between the supplier and the customer. Deviating conditions and contract offers of the customer are hereby contradicted.</p>
<p>(2) The customer is a consumer as long as the purpose of the legal transaction cannot be predominantly attributed to his commercial or self-employed professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.</p>
<p><b>Section 2: Conclusion of the contract</b></p>
<p> (1) The customer can select products from our product range and collect them in a so-called shopping cart via the button ("Button") "add to shopping cart". By clicking the button "order with obligation to pay", the customer submits a binding application to purchase the goods in the shopping cart.</p>
<p> (2) Before submitting the order, the customer can view and change the data entered by him and correct input errors at any time. However, the customer's application can only be submitted and transmitted if the customer has accepted these General Terms and Conditions during the ordering process and has thereby included them in his application.</p>
<p> (3) The Supplier shall then send the Customer an electronic confirmation of receipt by e-mail in which the Customer's order is listed again and which the Customer can print out using the "Print" function. The confirmation of receipt only documents that the order of the customer has been received by the provider and does not represent an acceptance of the application.</p>
<p> The contract shall only be concluded by the submission of the declaration of acceptance by us, which shall be sent by a separate e-mail. The issuance of an invoice to the customer for the goods ordered by the customer replaces the declaration of acceptance. The declaration of acceptance can also be replaced by us by executing the order within 5 days of receipt of the order. If there are several of the acceptance variants mentioned above, the contract shall be concluded at the event which occurred first in each case. In any case, the customer receives a contract confirmation in text form in accordance with the statutory provisions.</p>
<p>If the customer has not received a declaration of acceptance, invoice or notification of delivery or no goods within 5 days, he shall no longer be bound to his order. In this case, we will immediately reimburse the customer for any already executed activities.</p>
<p>(4) The subject of the delivery or service are the goods and/or services offered by us and ordered by the customer. Unless expressly stated otherwise in the respective offer, designs and prices refer to the articles offered in each case, but not to any accessories or decorations that may be shown.</p>
<p>The presentation of our products and the information provided in this regard serve exclusively to describe performance and do not constitute a guarantee of quality.</p>
<p>(5) In the event that we are not able to deliver the ordered goods due to no fault of our own and despite all reasonable efforts because our supplier does not fulfil its contractual obligations towards us, we shall be entitled to withdraw from the contract. However, this right of withdrawal shall only exist if we have concluded a congruent covering transaction with the supplier concerned (binding, timely and sufficient order of the goods) and are not otherwise responsible for the non-delivery. In such cases, we will inform the customer immediately that the ordered goods are not available. We will immediately refund any payments already made by the customer.</p>
<p>(6) The contract language is German.</p>
<p>(7) Order processing and contact in the context of contract processing are usually carried out by e-mail. The customer must therefore ensure that the email address provided by him for order processing is correct and that no settings or filtering devices of the customer prevent the receipt of the contract-related emails.</p>
<p>(8) As far as a delivery time is indicated in our offers, this delivery time and the respective information given for the calculation of the delivery time shall be given priority. If no delivery time or no deviating delivery time is specified for the respective goods in our online shop, it shall be 7 days. This delivery period shall commence in the case of payment in advance on the day after the payment order is issued to the remitting bank or, in the case of other payment methods, on the day after the conclusion of the contract and shall end with the expiry of the last day of the period. If the last day of the period falls on a Saturday, Sunday or a public holiday officially recognized at the place of delivery, the next working day shall take the place of such a day.</p>
<p><b>Section 3 Reserved Proprietary Rights</b></p>
<p>The delivered goods remain our property until all claims arising from the contract have been fulfilled; in the event that the customer is a legal entity under public law, a special fund under public law or an entrepreneur in the exercise of his commercial or independent professional activity, also beyond this from the ongoing business relationship until all claims to which we are entitled have been settled.</p>
<p><b>Section 4 Prices and shipping costs</b></p>.
<p>(1) Our prices include the applicable statutory value-added tax and do not include shipping costs.</p>
<p>(2) The relevant shipping costs shall be named to the customer before conclusion of the contract and shall be borne by the customer unless free shipping has been agreed.</p>
<p><b>Section 5 Payment</b></p>
<p>(1) The customer can make payment in accordance with the payment methods provided for in the respective offer.</p>
<p>(2) Payment of the purchase price is due immediately upon conclusion of the contract and must be received by us within 7 calendar days, unless the respective agreed method of payment provides otherwise.</p>
<p>(3) The customer shall ensure that there are sufficient funds in the account. In the event of return debit notes caused by insufficient cover, the customer shall be obliged to reimburse us for the resulting damage.</p>.
<p>(4) The customer's obligation to pay interest on arrears does not preclude the assertion of further damages caused by default.</p>
<p>(5) The customer is only entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.</p>
<p><b>Section 6 Risk Transfer</b></p>
<p>(1) With respect to consumers, the risk of accidental loss and accidental deterioration of the object of purchase shall, according to the law, only pass to the customer upon delivery of the object of purchase to the customer.</p>
<p>(2) Only if the customer acts as an entrepreneur, the following shall apply: Delivery shall be made from the warehouse. The risk of accidental loss and accidental deterioration of the goods shall pass to the customer at the latest upon handover. However, in the case of sale by delivery to a place other than the place of performance, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay shall already pass to the customer upon delivery of the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the delivery.</p>
<p>(3) If the customer is in default of acceptance, fails to cooperate or if our delivery is delayed for other reasons for which the customer is responsible, we shall be entitled to demand compensation for the resulting damage including additional expenses (e.g. storage and transport costs).</p>.
<p><b>Section 7 Warranty for material defects, guarantee</b></p>
<p>(1) Claims for defects concerning used goods delivered by us shall become statute-barred one year after delivery to the customer. Vis-à-vis entrepreneurs, the limitation period for claims for defects concerning items delivered by us shall be 1 year and the limitation period shall not start anew if a replacement delivery is made within the scope of liability for defects. We shall otherwise be liable for material defects in accordance with the statutory provisions applicable to this, in particular Sections 434 et seqq. of the German Civil Code (BGB).</p>
<p>(2) Our liability under Section 8 of these GTC, in particular for claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (see the following Section 8), for damages under the Product Liability Act and for any guarantees assumed, shall remain unaffected by the restrictions of the preceding paragraph 1. The statutory limitation periods for the right of recourse pursuant to Section 478 of the German Civil Code (BGB) for entrepreneurs and our liability in the event of fraudulent concealment of a defect shall likewise remain unaffected.</p>
<p>(3) Claims for defects by merchants presuppose that they have fulfilled their statutory obligations to examine the goods and give notice of defects ( Sections 377, 381 of the German Commercial Code (HGB))</p>.
<p>(4) A quality or durability guarantee ( Section 443 of the German Civil Code (BGB)) on our part shall only exist for the goods delivered by us if this has been expressly offered and agreed by us. Any manufacturer's warranties shall remain unaffected.</p>
<p>(5) Any complaints and warranty claims can be submitted to the address given in the provider identification.</p>
<p><b>Section 8 Liability</b></p>
<p>(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the supplier, its legal representatives or vicarious agents. Material contractual obligations are those the fulfilment of which is necessary to achieve the objective of the contract as well as those compliance with which the customer as a contractual partner may regularly rely on. In the event of a breach of material contractual obligations, the provider shall only be liable for the foreseeable damage typical for the contract if this was caused by simple negligence, unless it is a matter of claims for damages by the customer arising from injury to life, body or health.</p>
<p>(2) The restrictions of the above paragraph 1 shall also apply in favor of the legal representatives and vicarious agents of the provider if claims are asserted directly against them as well as analogously for claims for reimbursement of expenses.</p>.
<p>(3) The provisions of the Product Liability Act as well as our liability for any warranties assumed shall remain unaffected.</p>
<p><b>Section 9 Right of withdrawal</b></p>
<p>Consumers are entitled to a statutory right of withdrawal. You will receive instructions on the right of withdrawal separately in text form in accordance with the statutory provisions.</p>
<p><b>Section 10 Contract text</b></p>.
<p>The text of the contract is not stored by us and cannot be retrieved after the order process has been completed. The customer may print out these terms and conditions and the order data before submitting his order and will receive a contract confirmation in accordance with the statutory provisions.</p>
<p><b>Section11 Extrajudicial Dispute Resolution/Consumer Dispute Resolution</b></p>
<p>(1) The European Union has established an online platform ("ODR platform") for the extrajudicial resolution of consumer disputes. The ODR platform shall serve as a contact point for the extrajudicial settlement of disputes concerning contractual obligations arising from online sales contracts. The platform can be found at <a href="http://ec.europa.eu/consumers/odr">http://ec.europa.eu/consumers/odr</a>. </p>
<p>(2) As a matter of general policy, we are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.</p>
<p><b> Section 12 Final provisions</b></p>
<p>(1) The contract shall be governed by the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In relation to consumers, this choice of law shall only apply as far as the consumer is not thereby deprived of the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence.</p>
<p>(2) If the customer is a merchant, a legal entity under public law or a special fund under public law or if the customer does not have a general place of jurisdiction within the Federal Republic of Germany, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the supplier shall be the supplier's registered office.</p>
<p>(3) The possible invalidity of individual provisions of these General Terms and Conditions shall not affect the validity of their remaining provisions. The invalid points shall be replaced by the statutory provisions, if any. However, as far as this would constitute an unreasonable hardship for one of the contracting parties, the contract as a whole shall become ineffective.</p>.
<p> </p>
<p>© The contents of our Internet pages are largely protected by copyright or other ancillary copyrights. Copying, downloading, distributing, disseminating and storing this content, with the exception of caching (temporary storage for the purpose of display in the Internet browser) within the scope of visiting our Internet pages, is not permitted without the consent of the respective copyright holder. An exception applies to content that is expressly intended for downloading. In this case, the right of use is limited to use for personal purposes. Any further reproduction, publication, dissemination, making available to the public or other exploitation requires the consent of the respective copyright holder.
These contractual conditions apply to all contracts made between</p>
<p> GA11 Sports GmbH, owner Gazwan Avakhti<br> Niesteblick 4<br> 34266 Niestetal</p>
<p>( hereafter "Supplier" or "we") and our customers ( hereafter "Customer" or "you") are concluded exclusively using remote means of communication (i.e. via the Internet or by telephone) in our online store. For contracts that we enter into in our offline store (retail store), the terms and conditions included therein shall apply.</p>
<p><b>Section 1: Scope, Definitions</b></p>
<p> (1) The following General Terms and Conditions in the valid version at the time of the order shall apply exclusively to the business relationship between the supplier and the customer. Deviating conditions and contract offers of the customer are hereby contradicted.</p>
<p>(2) The customer is a consumer as long as the purpose of the legal transaction cannot be predominantly attributed to his commercial or self-employed professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.</p>
<p><b>Section 2: Conclusion of the contract</b></p>
<p> (1) The customer can select products from our product range and collect them in a so-called shopping cart via the button ("Button") "add to shopping cart". By clicking the button "order with obligation to pay", the customer submits a binding application to purchase the goods in the shopping cart.</p>
<p> (2) Before submitting the order, the customer can view and change the data entered by him and correct input errors at any time. However, the customer's application can only be submitted and transmitted if the customer has accepted these General Terms and Conditions during the ordering process and has thereby included them in his application.</p>
<p> (3) The Supplier shall then send the Customer an electronic confirmation of receipt by e-mail in which the Customer's order is listed again and which the Customer can print out using the "Print" function. The confirmation of receipt only documents that the order of the customer has been received by the provider and does not represent an acceptance of the application.</p>
<p> The contract shall only be concluded by the submission of the declaration of acceptance by us, which shall be sent by a separate e-mail. The issuance of an invoice to the customer for the goods ordered by the customer replaces the declaration of acceptance. The declaration of acceptance can also be replaced by us by executing the order within 5 days of receipt of the order. If there are several of the acceptance variants mentioned above, the contract shall be concluded at the event which occurred first in each case. In any case, the customer receives a contract confirmation in text form in accordance with the statutory provisions.</p>
<p>If the customer has not received a declaration of acceptance, invoice or notification of delivery or no goods within 5 days, he shall no longer be bound to his order. In this case, we will immediately reimburse the customer for any already executed activities.</p>
<p>(4) The subject of the delivery or service are the goods and/or services offered by us and ordered by the customer. Unless expressly stated otherwise in the respective offer, designs and prices refer to the articles offered in each case, but not to any accessories or decorations that may be shown.</p>
<p>The presentation of our products and the information provided in this regard serve exclusively to describe performance and do not constitute a guarantee of quality.</p>
<p>(5) In the event that we are not able to deliver the ordered goods due to no fault of our own and despite all reasonable efforts because our supplier does not fulfil its contractual obligations towards us, we shall be entitled to withdraw from the contract. However, this right of withdrawal shall only exist if we have concluded a congruent covering transaction with the supplier concerned (binding, timely and sufficient order of the goods) and are not otherwise responsible for the non-delivery. In such cases, we will inform the customer immediately that the ordered goods are not available. We will immediately refund any payments already made by the customer.</p>
<p>(6) The contract language is German.</p>
<p>(7) Order processing and contact in the context of contract processing are usually carried out by e-mail. The customer must therefore ensure that the email address provided by him for order processing is correct and that no settings or filtering devices of the customer prevent the receipt of the contract-related emails.</p>
<p>(8) As far as a delivery time is indicated in our offers, this delivery time and the respective information given for the calculation of the delivery time shall be given priority. If no delivery time or no deviating delivery time is specified for the respective goods in our online shop, it shall be 7 days. This delivery period shall commence in the case of payment in advance on the day after the payment order is issued to the remitting bank or, in the case of other payment methods, on the day after the conclusion of the contract and shall end with the expiry of the last day of the period. If the last day of the period falls on a Saturday, Sunday or a public holiday officially recognized at the place of delivery, the next working day shall take the place of such a day.</p>
<p><b>Section 3 Reserved Proprietary Rights</b></p>
<p>The delivered goods remain our property until all claims arising from the contract have been fulfilled; in the event that the customer is a legal entity under public law, a special fund under public law or an entrepreneur in the exercise of his commercial or independent professional activity, also beyond this from the ongoing business relationship until all claims to which we are entitled have been settled.</p>
<p><b>Section 4 Prices and shipping costs</b></p>.
<p>(1) Our prices include the applicable statutory value-added tax and do not include shipping costs.</p>
<p>(2) The relevant shipping costs shall be named to the customer before conclusion of the contract and shall be borne by the customer unless free shipping has been agreed.</p>
<p><b>Section 5 Payment</b></p>
<p>(1) The customer can make payment in accordance with the payment methods provided for in the respective offer.</p>
<p>(2) Payment of the purchase price is due immediately upon conclusion of the contract and must be received by us within 7 calendar days, unless the respective agreed method of payment provides otherwise.</p>
<p>(3) The customer shall ensure that there are sufficient funds in the account. In the event of return debit notes caused by insufficient cover, the customer shall be obliged to reimburse us for the resulting damage.</p>.
<p>(4) The customer's obligation to pay interest on arrears does not preclude the assertion of further damages caused by default.</p>
<p>(5) The customer is only entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.</p>
<p><b>Section 6 Risk Transfer</b></p>
<p>(1) With respect to consumers, the risk of accidental loss and accidental deterioration of the object of purchase shall, according to the law, only pass to the customer upon delivery of the object of purchase to the customer.</p>
<p>(2) Only if the customer acts as an entrepreneur, the following shall apply: Delivery shall be made from the warehouse. The risk of accidental loss and accidental deterioration of the goods shall pass to the customer at the latest upon handover. However, in the case of sale by delivery to a place other than the place of performance, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay shall already pass to the customer upon delivery of the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the delivery.</p>
<p>(3) If the customer is in default of acceptance, fails to cooperate or if our delivery is delayed for other reasons for which the customer is responsible, we shall be entitled to demand compensation for the resulting damage including additional expenses (e.g. storage and transport costs).</p>.
<p><b>Section 7 Warranty for material defects, guarantee</b></p>
<p>(1) Claims for defects concerning used goods delivered by us shall become statute-barred one year after delivery to the customer. Vis-à-vis entrepreneurs, the limitation period for claims for defects concerning items delivered by us shall be 1 year and the limitation period shall not start anew if a replacement delivery is made within the scope of liability for defects. We shall otherwise be liable for material defects in accordance with the statutory provisions applicable to this, in particular Sections 434 et seqq. of the German Civil Code (BGB).</p>
<p>(2) Our liability under Section 8 of these GTC, in particular for claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (see the following Section 8), for damages under the Product Liability Act and for any guarantees assumed, shall remain unaffected by the restrictions of the preceding paragraph 1. The statutory limitation periods for the right of recourse pursuant to Section 478 of the German Civil Code (BGB) for entrepreneurs and our liability in the event of fraudulent concealment of a defect shall likewise remain unaffected.</p>
<p>(3) Claims for defects by merchants presuppose that they have fulfilled their statutory obligations to examine the goods and give notice of defects ( Sections 377, 381 of the German Commercial Code (HGB))</p>.
<p>(4) A quality or durability guarantee ( Section 443 of the German Civil Code (BGB)) on our part shall only exist for the goods delivered by us if this has been expressly offered and agreed by us. Any manufacturer's warranties shall remain unaffected.</p>
<p>(5) Any complaints and warranty claims can be submitted to the address given in the provider identification.</p>
<p><b>Section 8 Liability</b></p>
<p>(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the supplier, its legal representatives or vicarious agents. Material contractual obligations are those the fulfilment of which is necessary to achieve the objective of the contract as well as those compliance with which the customer as a contractual partner may regularly rely on. In the event of a breach of material contractual obligations, the provider shall only be liable for the foreseeable damage typical for the contract if this was caused by simple negligence, unless it is a matter of claims for damages by the customer arising from injury to life, body or health.</p>
<p>(2) The restrictions of the above paragraph 1 shall also apply in favor of the legal representatives and vicarious agents of the provider if claims are asserted directly against them as well as analogously for claims for reimbursement of expenses.</p>.
<p>(3) The provisions of the Product Liability Act as well as our liability for any warranties assumed shall remain unaffected.</p>
<p><b>Section 9 Right of withdrawal</b></p>
<p>Consumers are entitled to a statutory right of withdrawal. You will receive instructions on the right of withdrawal separately in text form in accordance with the statutory provisions.</p>
<p><b>Section 10 Contract text</b></p>.
<p>The text of the contract is not stored by us and cannot be retrieved after the order process has been completed. The customer may print out these terms and conditions and the order data before submitting his order and will receive a contract confirmation in accordance with the statutory provisions.</p>
<p><b>Section11 Extrajudicial Dispute Resolution/Consumer Dispute Resolution</b></p>
<p>(1) The European Union has established an online platform ("ODR platform") for the extrajudicial resolution of consumer disputes. The ODR platform shall serve as a contact point for the extrajudicial settlement of disputes concerning contractual obligations arising from online sales contracts. The platform can be found at <a href="http://ec.europa.eu/consumers/odr">http://ec.europa.eu/consumers/odr</a>. </p>
<p>(2) As a matter of general policy, we are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.</p>
<p><b> Section 12 Final provisions</b></p>
<p>(1) The contract shall be governed by the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In relation to consumers, this choice of law shall only apply as far as the consumer is not thereby deprived of the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence.</p>
<p>(2) If the customer is a merchant, a legal entity under public law or a special fund under public law or if the customer does not have a general place of jurisdiction within the Federal Republic of Germany, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the supplier shall be the supplier's registered office.</p>
<p>(3) The possible invalidity of individual provisions of these General Terms and Conditions shall not affect the validity of their remaining provisions. The invalid points shall be replaced by the statutory provisions, if any. However, as far as this would constitute an unreasonable hardship for one of the contracting parties, the contract as a whole shall become ineffective.</p>.
<p> </p>
<p>© The contents of our Internet pages are largely protected by copyright or other ancillary copyrights. Copying, downloading, distributing, disseminating and storing this content, with the exception of caching (temporary storage for the purpose of display in the Internet browser) within the scope of visiting our Internet pages, is not permitted without the consent of the respective copyright holder. An exception applies to content that is expressly intended for downloading. In this case, the right of use is limited to use for personal purposes. Any further reproduction, publication, dissemination, making available to the public or other exploitation requires the consent of the respective copyright holder.