General Terms & Conditions
1. General
All services of Online-Shop für gebrauchte Fechtkleidung (hereafter referred to as the Online Shop) are performed for the customer exclusively on the basis of the following General Terms & Conditions. Regulations that deviate from these shall only be valid when agreed between the Online Shop and the customer.
2. Conclusion of contract
2.1 The offers of the Online Shop website represent a non-binding invitation to the customer to order goods from the Online Shop.
2.2 By ordering the desired goods online, the customer submits a binding offer for conclusion of a purchase contract.
2.3 The Online Shop shall confirm receipt of the order immediately. The order confirmation and the receipt of a telephone order does not constitute contractual acceptance on our part. The offer shall only be considered as accepted on our part once we dispatch your goods to you. Upon receipt of payment, you shall receive a written confirmation of dispatch via e-mail. The customer shall be bound to his offer for no more than 14 days.
2.4 The subject of this contract is the merchandise ordered by the customer. The offer description shall apply regarding the condition of the merchandise. In other matters, Section 434, para. 1, clause 3 of the German Civil Code (BGB) shall apply.
3. Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving reasons.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, received goods, the last good in the case of a contract concerning multiple goods or the last partial delivery in the case of partial deliveries.
To exercise your right to withdraw, you must inform the Online Shop (Christiane Hentschel, Der Onlineshop für gebrauchte Fechtkleidung, Herrenbachstr. 7, 73066 Uhingen, Germany, phone/fax 0 71 63 – 908 28 45, e-mail
The timely despatch of the withdrawal shall be deemed sufficient for compliance with the withdrawal period.
Consequences of withdrawal
Should you withdraw from this contract, we are obligated to reimburse all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from you choosing a different form of delivery from the lowest-cost standard delivery offered by us), immediately and no later than within fourteen days from the day on which the notification of your withdrawal from this contract was received by us. This reimbursement shall be made using the same payment method that you used for the original transaction, unless another method was explicitly agreed upon with you; no fees will be charged for this reimbursement. We reserve the right to refuse reimbursement until the good has been returned to us or until you can provide us with proof that the good has been returned, depending on which point is earliest.
Goods must be returned to us immediately and no later than fourteen days from the day on which you informed us of your withdrawal from this contract. The timely dispatch of the goods before the end of the period of fourteen days shall be deemed sufficient for compliance with the withdrawal period.
Any immediate costs for returning the goods shall be borne by you.
You shall only be liable for any diminished value of the goods that results from handling other than what is necessary to ascertain the quality, nature and functioning of the goods.
Sample withdrawal form
To
Christiane Hentschel
Der Onlineshop für gebrauchte Fechtkleidung
Herrenbachstr. 7
73066 Uhingen, Germany
I/we hereby withdraw from the contract I/we concluded concerning the purchase of the following goods
Ordered on/received on
Name of the consumer/s
Address of the consumer/s
Signature of the consumer/s (only for paper notification)
Date
4. Delivery
4.1 All items shall be dispatched immediately following receipt of payment.
Items can only be delivered within Germany and the EU.
4.2 The maximum delivery time within the EU is 5 working days.
5. Packaging and delivery costs
5.1 The following types of delivery are available within the EU: postage + packaging (registered delivery, DHL bears liability up to € 500 in the event of loss and damage) up to 5kg for € 15, up to 10kg (insured shipment, DHL bears liability up to € 500 in the event of loss and damage) for € 20.
5.2 The shipping price set in the offer shall apply to delivery within the EU. Shipping costs are displayed and communicated separately for each order.
6. Retention of payment and property
6.1 All indicated prices are gross in Euros and include the currently valid rate of VAT of 19 % where applicable. Prices are valid at the point of order.
6.2 The following payment type is available for delivery within the EU:
Advance payment (the customer is obligated to pay the purchase price via bank transfer to our account following conclusion of contract.)
If paying via advance payment, you will receive an e-mail from us with the precise invoice information. For this reason, please enter your e-mail address and/or telephone number in the order form, so that we can contact you. When conducting the bank transfer, please enter as the purpose your name and the invoice number, so that we can allocate your payment to the order.
7. Guarantee
Should damages resulting from transport be discovered on the merchandise, the receiver should immediately notify the carrier (delivery service) of this. Other recognisable damages resulting from transport must be made known to us within 5 days of receipt of goods. Failing to do this, however, shall not affect your legal claims. The valid legal provisions apply in other matters.
We shall not be held liable for defects that have arisen due to inappropriate use, normal wear and tear or external influences. Any guarantee claim shall be invalidated in the event of repairs carried out either personally or by a third party without our written approval.
There is no such thing as break-proof blades. Therefore no guarantee can be assumed for broken blades, even under normal sporting use.
8. Defects
Used goods sold via www.gebrauchte-fechtkleidung.de may display defects. Used goods are by their nature goods that have been sold once already and have already been used. Each item is subjected to a visual inspection before being placed for sale, no torn or "worn out" goods will be offered. Second-hand goods may however display small indications of use, such as evidence of washing, blade abrasion (may also be coloured) or other evidence of use. Weapons and cables are tested before sale, although defects may still arise. Clothing items may also have the name of the previous owner written inside. Each item is provided with a short description of its condition based on visual inspection, in order to give an impression of the item. These descriptions are not exhaustive however and do not claim to be complete.
9. Liability
Liability for damages is limited, unless caused by injury to life, limb and health, insofar as these are due to intent or grossly negligent action or culpable breach of an important contractual obligations by us or our vicarious agents. Any liability for damage compensation beyond this shall not be accepted. The regulations of the German Product Liability Act remain unaffected.
10. Links on our website
Despite careful checking of content, we accept no liability for the content of external links. Responsibility for the content of the linked sites lies exclusively with their operators.
11. Final provisions
Any alterations or supplements to these General Terms and Conditions require written form. This also applies to the suspension of this written form requirement. The legal relationships between the parties shall be governed by German law, excluding both reference to private international law and the UN Convention on Contracts for the International Sale of Goods (CISG).
Should individual regulations of this contract be invalid or contradict the legal provisions, the other regulations of this contract shall remain unaffected.
The place of jurisdiction is Göppingen.
September 2016
