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CartTerms and Conditions in relation to consumers (B2C)
§ 1 Applicability, Contract Language
(1) The following general Terms and Conditions (GTC) apply to all contracts concluded via this online shop between you and us, the company:
Conrad GmbH,
Bahnhofstraße 20,
82377 Penzberg.
Commercial Register (Handelsregister): HRB 48584
VAT-Identification-Nr.: DE 131 662 751
Represented by the Managing Directors Hans Conrad, Christina Linder and Thomas Janker
(2) The language relevant for the conclusion of the contract is exclusively German. Translations of these terms and conditions to other languages are for your information only. In case of any differences between the different language versions, the German version shall prevail.
§ 2 Applicable Law, Mandatory Consumer Protection Regulations
The law of the Federal Republic of Germany shall apply excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG), if (a) your abode is in Germany, or (b) your abode is situated in a state not being member of the European Union.
§ 3 Conclusion of Contract
(1) The presentation of the products and services in our online shop does not constitute a legally binding offer, but merely an invitation to place orders (invitatio ad offerendum).
(2) By clicking „Order with obligation to pay“ in the last step of the order process, you submit a binding offer for purchase of the goods displayed in the order overview and/or for booking of the services listed in the order overview. Immediately after submitting the order, you will receive an order confirmation, which however does not yet constitute the acceptance of your contract offer. A contract comes into existence between you and us as soon as we accept your order and/or booking by means of a separate email or dispatch the goods. Please regularly check the spam folder of your mailbox.
(3) In our online shop, you can select products for purchase and/or services for booking by placing them in the shopping cart via a click on the respective button. To finish the order, go to the shopping cart, from where you will be guided through the remaining part of the order process. Following the product selection in the shopping cart you can click the „Continue to payment“ button to access a page where you can enter the specification of all required order and address data in the subsequent step. On this page, the most important product details are summarised including the costs that will be incurred. Until this stage, you can correct your input or decide not to enter the contract. Only by subsequently clicking the „Order with obligation to pay“ button, you place a binding order in the meaning of subsection (2).
§ 4 Information on Adjustments
To place an order, start by placing the desired goods and/or services in the shopping cart. There you may modify at any time the desired quantity or delete goods and services completely. If you have placed goods and services in the shopping cart, by clicking on the „Continue to payment“ button you will get first to a website where you may enter your data and then you may choose the shipping and payment method. You can review your input and you can correct possible input errors there, too (e.g. with respect to the payment method, data or quantity). To cancel the order process, you can simply close your browser window. Otherwise, by clicking the confirmation button „Order with obligation to pay“, your declaration becomes binding in the meaning of section 3 (2) of these GTC.
§ 5 Storage of the Contract Text
You will receive the contractual provisions together with information on the goods ordered and/or services booked including these GTC and the information on the right of withdrawal by email upon acceptance of the contract offer or together with the notification thereof. We do not store the contractual provisions for you.
§ 6 Collecting, saving and processsing of your personal Data
(1) In our online shop you may order goods or services as a guest or after opening a customer account. With a customer account you do not have to enter your personal data every time you use our online shop but you may, before or during the order process, log on to your customer account with your e-mail address and your password you have freely chosen at your registration.
(2) In order to process your order we need the following data from you:
• your email address
• your postal address
(3) To open a customer account you have to provide us with the data mentioned in subsection (2) as well as a password freely chosen by you.
(4) Without your further consent, we will use your personal data only in order to process your orders, e.g. for delivery to the address you have indicated. If you pay by bank transfer, we also use your banking data in order to carry out your payment. A use of your personal data in any other way: for advertising, market research or for the purpose of a needs-based design of our offers, requires your explicit consent. You have the possibility to give this consent before placing your order. This declaration of consent is given completely voluntarily and can be accessed and revoked any time by you on our website.
(5) Your data will be stored in your customer account until you delete it by yourself. In addition, or if you order as a guest only (without opening a customer account), we save your data according to our obligations under commercial and tax law.
(6) If your personal information shall change, you yourself are responsible for its update. All amendments can be made online under „My account“ after the log in [cfr. above].
§ 7 Payment Conditions
The purchase price is due immediately after placing the order. The payment of the goods and services can be made via credit card (we use the transmission method „SSL“ to encrypt your personal data), via bank transfer or via our payment provider Mollie B.V.
Our bank details are:
VR Bank Starnberg-Zugspitze
IBAN: DE52 7009 3200 0002 5776 66
BIC: GENODEF1STH
§ 8 Retention of Title
The goods shall remain our property until full payment. If you fall behind with your payment more than 10 days after due date, we reserve the right to withdraw from the contract and to reclaim the goods.
§ 9 Delivery Conditions
We deliver the goods pursuant to the agreements made with you. Arising shipping costs are listed in the product description and are billed separately in our invoice.
§ 10 Damages in Transit
Please check the shipment immediately upon receipt for completeness and integrity. If the package is damaged, please complain to the delivery person immediately. In this case, please contact us as well. You will receive immediate replacement for the damaged items. Insofar as you are entitled to claims against the carrier, you already assign your claims to us in full; we hereby accept your assignment offer.
§ 11 Prices
Unless otherwise stated, the prices refer to the items shown in the description, but not to contents, accessories and decoration. The prices in the online shop are only valid when ordering online via order form or by e-mail. Errors and price changes are reserved. The prices are valid at the time of the order. All prices include the valid German VAT (currently 19%). For customers resident outside the EU we can remit this VAT. Please inquire with the competent authorities about the import duties and any VAT you may have in your country, which may be additional to your account!
§ 12 Receipts
Please keep receipts or proof of payment! They are important as a proof of purchase in case of complaints or theft for insurance companies.
§ 13 Right of Withdrawal
As a consumer you have in accordance with the rules described in the attachment below a right of withdrawal. A consumer means every natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession.
§ 14 Exclusion or Extinction Reasons
The right of withdrawal does not apply to contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. This is the case, for example, with skis with bindings mounted on skis or with bicycles that have been assembled for the customer using essential components specially selected by him.
The right of withdrawal does not apply to contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery (§ 312g para. 2 No. 3 BGB), as well as to contracts for the delivery of goods if these have been inseparably mixed with other goods after delivery due to their nature (§ 312g para. 2 No. 4 BGB).
In case of return of damaged goods and goods with traces of use, which are recognizably due to a use by you that is beyond a trying on or an examination of the condition, properties and functioning of the goods in not necessary handling, a claim for value replacement exists on our part against you.
§ 15 Warranty in Case of purchasing Goods
(1) If the delivered goods purchased in our online shop are defective, you are entitled, within the scope of legal provisions, to request rectification, to withdraw from the contract or to reduce the purchase price.
(2) The limitation period of warranty claims for the delivered goods is two years of receipt of the goods. Any claims due to defects maliciously concealed by us will expire after the regular statutory limitation period.
(3) Moreover, you shall also have rights for defects within the scope of guaranteed properties and/or durability, provided that we expressly guaranteed such in the individual case with respect to the item sold.
§ 16 Limitation of Liability
(1) We are liable for intent and gross negligence. Further, we are liable for the negligent breach of obligations, whose fulfillment is essential to enable the ordinary implementation of the contract, whose breach jeopardizes the achievement of the purpose of the contract and on whose compliance you as a customer may rely on regularly. In the last-mentioned case, we are only liable for the foreseeable, typical contractual damage. We are not liable for slight negligent breach of other obligations than those mentioned in the above sentences.
The abovementioned exclusions of liability do not apply in case of damage of life, body and health. The liability pursuant to the product liability law remains unaffected.
(2) Based on the current state of art, data communication via internet cannot be guaranteed to be error-free and/or available at any time. We are not liable for constant and continuous availability of our online trading system.
§ 17 Online Dispute Resolution
Regardless of our constant effort to settle disputes in relation to existing contracts in agreement with the customer, VSBG does not require us to participate in a consumer arbitration procedure. Please understand that we do not offer our participation in such a procedure to our customers.
§ 18 Complaints
If, despite careful checks, you receive a defective or damaged product, please call our Customer Service between 9:00 and 17:00, Mondays to Fridays.
E-Mail: warranty@sport-conrad.com Phone: +49 8856 93671 33 Fax: +49 8856 93671 66
§ 19 repairs
Should one of your products purchased from Sport Conrad be damaged outside of the warranty, it is often possible to remedy it at our premises. We also gladly forward the product to the manufacturer or supplier for repair. Again, a prior telephone consultation is requested. Upon request, we will provide you with a quote.
Annex
Consumer information and instruction on withdrawal.
If you order goods in our online shop, we want to draw your attention to the following:
(1) The exclusive language available for the conclusion of the contract shall be German. Translations of information and legal texts to other languages are for information only. In the event of contradictions between the German text and the translations, the German text shall prevail.
(2) You will find the essential characteristics of the goods and services offered by us as well as the validity of limited offers in the individual product specifications within the scope of our internet offering.
(3) The presentation of our goods does not represent a binding offer on our side. Only your order of the goods is regarded as a binding offer pursuant to Sec. 145 BGB. In case of the acceptance of such an order, we will send an order confirmation to you via email or we dispatch the good. This way, a purchasing contract between you and us comes into existence.
(4) Any input errors when ordering can be seen in the final confirmation before the check-out, and with the delete- and change function you can correct your order at any time before sending it.
(5) If the goods ordered by you are not available, we reserve the right not to render the service. We will inform you about that before the conclusion of the contract without delay.
(6) The prices indicated by us are to be understood including taxes. The shipment costs are listed separately in the product description and in the order overview.
(7) The purchase price is due immediately after placing the order. The payment of the goods can be made via credit card (we use the transmission method „SSL“ to encrypt your personal data), via bank transfer or via our payment provider. KG Our bank details are
VR Bank Starnberg-Zugspitze
IBAN: DE52 7009 3200 0002 5776 66
BIC: GENODEF1STH
(8) As a consumer, you have a right of withdrawal according to the following information:
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you, or a third party designated by you (other than the carrier), took possession of the goods.
To exercise your right of withdrawal, you must inform us
Sport Conrad GmbH
Am Bahnhof 4
D-82393 Iffeldorf
Email: info@sport-conrad.com
Telephone: +49 8856 936 7133
by means of a clear statement (e.g. a letter sent by post or an email) informing us of your decision to withdraw from this contract. You may use the attached model withdrawal form for this purpose, although this is not mandatory.
You may also exercise your right of withdrawal online at https://support.sport-conrad.com/hc/en-gb/requests/new?ticket_form_id=36106466260242&description=Widerrufserkl%C3%A4rung
If you use this online function, we will immediately send you, on a durable medium (e.g. by email), a confirmation of receipt containing information on the content of the notice of withdrawal, as well as the date and time of its receipt.
To meet the withdrawal deadline, it is sufficient for you to send notification of your exercise of the right of withdrawal before the withdrawal period expires.
Consequences of withdrawal
If you withdraw from this contract, we shall refund to you all payments we have received from you, including delivery costs (with the exception of any additional costs arising from your choice of a delivery method other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days of the day on which we receive notification of your withdrawal from this contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees in connection with this refund.
We may withhold the refund until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us at
Sport Conrad GmbH
Am Bahnhof 4
D-82393 Iffeldorf
without undue delay and in any event no later than fourteen days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you dispatch the goods before the expiry of the fourteen-day period.
For customers in Germany: We shall bear the costs of returning the goods.
For customers outside Germany: You shall bear the direct costs of returning the goods. The costs are estimated at no more than around € 100,00.-
You shall only be liable for any loss in value of the goods if this loss in value is attributable to handling of the goods that goes beyond what is necessary to check their nature, characteristics and functioning.
Note:
Unless the parties have agreed otherwise, the right of withdrawal does not apply to the following contracts:
• Contracts for the supply of goods which are not prefabricated and for the manufacture of which an individual selection or specification by the consumer is decisive, or which are clearly tailored to the consumer’s personal needs,
• Contracts for the supply of goods which are liable to deteriorate rapidly or whose expiry date would be quickly exceeded,
• Contracts for the supply of sealed goods which, for reasons of health protection or hygiene, are not suitable for return if their seal has been broken after delivery,
• Contracts for the supply of goods where, due to their nature, they have become inseparably mixed with other goods after delivery,
• Contracts for the supply of audio or video recordings or computer software in sealed packaging, where the seal has been broken after delivery,
• Contracts for the provision of services relating to accommodation for purposes other than residential purposes, the carriage of goods, motor vehicle hire, the supply of food and drink, and the provision of other services in connection with leisure activities, where the contract provides for a specific date or period for the provision of the service,
Model withdrawal form
If you wish to withdraw from the contract, please complete this form and return it to:
| Sport Conrad GmbH Am Bahnhof 4 D-82393 Iffeldorf Email: info@sport-conrad.com I/we (*) hereby withdraw from the contract concluded by me/us (*) for the provision of the following service __________________________________________________________________ __________________________________________________________________ – Ordered on (*): ________________________________ – Name of the consumer(s): ________________________________ – Address of the consumer(s): _____________________________________ _________________________________________________________________ __________________________________ Signature of the consumer(s)* (Only for notifications on paper) _______________________________ Date |
(*) Delete as appropriate