terms & conditions
These terms and conditions apply to all contracts closed between
GA11 Sports GmbH, Inhaber Gazwan Avakhti
(hereafter „provider“ or „we“) and our clients (hereafter „client“ or „you“) in our online shop exclusively using means of distance communication (e.g. via Internet or telephone). For contracts closed in our offline shop (retail store) there are special conditions.
§ 1 scope of the contract, definitions
1) Concerning the business relationship between provider and client only the following terms and conditions apply according to the version valid at the time of order. Deviating conditions and contractual offers of the client are hereby contradicted.
(2) A client is a consumer as far as the purpose of the legal transaction isn’t basically attributed to his commercial or independent professional activity. By 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.
§ 2 conclusion of the contract
(1) The client selects products from our assortment and collects them in a so-called shopping cart by clicking on the “Add to cart” button. By clicking on the “Place order” button the client places a binding purchase order for the goods in his cart.
(2) Before sending the order the client can find the entered data at any time, change them or correct type errors. However, the client’s request can only be submitted and transmitted if the client accepts our terms and conditions during the ordering process and thereby includes them in his proposal.
(3) Having received the client’s order, the provider sends an automatic confirmation of receipt by e-mail in which the client’s order is listed again. If desired, the client can print this confirmation of order. This automatic confirmation of receipt merely documents that the client’s order has been received by the provider. It does not mean an acceptance of proposal.
The contract is finally concluded upon our declaration of acceptance which is sent by separate e-mail. Billing the client for his ordered goods replaces the declaration of acceptance. We may also replace the declaration of acceptance by filling the order within 5 days of receipt of the order. If several of the aforementioned acceptance variants are available, the contract is concluded at the first event that occurs. In any case, the client will receive a contract affirmation in written form in accordance with the statutory provisions.
If the client has not received a declaration of acceptance, invoice or notification of delivery or no goods within 5 days, he is no longer bound to his order. In this case, we will immediately reimburse the client for any services already rendered.
(4) Subject of delivery and service are the goods and/or services offered by us and ordered by the client. Unless otherwise specified in the offer, designs and prices refer to the articles offered, but not to any accessories or decorations that might be pictured along with the articles.
The presentation of our products and the information provided for this purpose serve exclusively to describe the services and do not represent a guarantee of quality.
(5) If we are not able to deliver the ordered goods because our supplier does not fulfill his contractual obligations towards us – so without actual fault and despite all reasonable efforts - , we are entitled to withdraw from the contract. However, this right of withdrawal only exists if we have concluded a congruent hedging transaction (binding, timely and sufficient order of the goods) with the supplier concerned and are not otherwise responsible for the non-delivery. In such a case we will immediately inform the customer that the ordered goods are not available. We will also refund any payments already made by the client.
(6) The contract language is German.
(7) All orders as well as the contacting in the framework of contract are generally processed by e-mail. Therefor the client must ensure that the e-mail-address given by him for order processing is correct and that no settings or filter devices prevent the receipt of the contract-related e-mails.
(8) If a delivery time is stated in our offers, this delivery time and the information stated in each case shall take precedence in calculating the delivery time. If no or no differing delivery time is stated for the particular goods in our online shop, the delivery time will be 7 days. This period begins with payment in advance on the day after the payment order has been issued to the transferring bank or, in the case of other payment methods, on the day after conclusion of contract and ends with the expiry of the last day of the period. If the last day of the period falls on a Saturday, Sunday or a general public holiday at the place of delivery, the next working day shall take the place of such a day.
§ 3 retention of title
The delivered goods remain our property until all claims arising from the contract have been fulfilled. If the client is a legal entity under public law, a special fund under public law or an entrepreneur in the exercise of his commercial or self-employed professional activity, the goods shall remain our property even beyond the current business relationship until settlement of all claims to which we are entitled.
§ 4 prices and shipping costs
Our prices include the current statutory VAT. Shipping costs are not included.
The corresponding shipping costs shall be notified to the client prior to conclusion of the contract and shall be borne by the client unless delivery free of shipping costs has been agreed.
§ 5 payment
The client can make the payment according to the payment methods provided in the respective offer.
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 agreed method of payment provides otherwise.
The client must ensure sufficient account coverage. In the case of return debit entries caused by insufficient cover, the client is obligated to reimburse us for the resulting damage.
The obligation of the client to pay default interest does not exclude the assertion of further damages caused by default. The client is only entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
§ 6 passing of risk
The risk of accidental loss and accidental deterioration of the object of purchase only passes to the client upon delivery of the object of purchase to the client.
The following applies only if the client acts as entrepreneur: delivery is ex warehouse. The risk of accidental loss and accidental deterioration of the goods shall pass to the client at the latest upon handover.However the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay shall pass to the forwarder, the carrier or any other person or instituation designated to carry out the shipment upon delivery of the goods.
If the customer defaults in acceptance, fails to cooperate or our delivery delays for other reasons for which the client is responsible, we are entitled to demand compensation for the resulting damage including additional expenses (e.g. storage and transport costs).
§ 7 material defect warranty
Claims for defects concerning used goods delivered by us shall become time-barred one year after delivery to the client. The limitation period for warranty claims for entrepreneurs is 1 year for goods delivered by us. The statute of limitations does not begin again if a replacement delivery is made within the scope of liability for defects. In all other respects we are liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff BGB (German Civil Code).
Our liability pursuant to § 8 of these GTC - in particular for claims for damages of the client arising from injury to life, body or health or for breach of material contractual obligations (see following § 8), for damages according to the Product Liability Act and for any possible guarantees assumed – shall remain unaffected by the limitations of the above paragraph 1.The statutory limitation periods for entrepreneurs for the right of recourse according to § 478 BGB and our liability in the event of fraudulent concealment of a defect shall also remain unaffected.
Warranty claims of merchants are conditional upon the fulfillment of their statutory inspection and notification obligations (§§ 377, 381 HGB).
A quality or durability guarantee (§ 443 BGB) on our part only exists for the goods delivered by us if this was expressly offered and agreed by us. Any manufacturer guarantees remain unaffected.
Any complaints and warranty claims can be made at the address given in the provider identification.
§ 8 liability
Claims of the client for damages are excluded. Excluded from this are claims for damages of the client from the injury of life, body, health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages which are based on an intentional or grossly negligent breach of duty by the supplier, his legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract as well as those on whose compliance the client as contractual partner may regularly rely. In the event of a breach of essential contractual obligations, the provider shall only be liable for the foreseeable damage typical for the contract if this was caused by simple negligence - unless the client’s claims for damages are based on injury to life, body or health.
The restrictions of the above paragraph 1 also apply in favour 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.
The provisions of the Product Liability Act and our liability for any guarantees assumed remain unaffected.
§ 9 right of cancellation
Consumers have a statutory right of cancellation or revocation. You will receive a separate cancellation policy in written form in accordance with the statutory provisions.
§ 10 contract text
The contract text is not stored by us and can no longer be accessed after completion of the order process. The client can print out these terms and conditions and the order data before sending his order and receives a contract confirmation in accordance with the statutory provisions.
§ 11 Out-of-court dispute resolution (ODR)/consumer dispute resolution
The European Union has set up an online platform ("OS platform") for the out-of-court settlement of consumer disputes. The platform is intended to serve as a contact point for out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. Please find the platform at http://ec.europa.eu/consumers/odr. In principle, we are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.
§ 12 Final provisions
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. This choice of law only applies to consumers if it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country of the consumer's habitual residence.
If the client is a merchant, a legal entity under public law or a special fund under public law or if the client has no 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 provider is the registered office of the provider.
Any invalidity of individual provisions of these General Terms and Conditions shall not affect the validity of the remaining provisions. The legally void points shall be replaced by the statutory provisions if available.
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