Terms and Conditions / AGB

Important notice - order processing during the Corona pandemic!

In view of the hardly foreseeable further developments and effects of the Corona pandemic, this order is expressly subject to a case of force majeure. In cases of force majeure, we shall be released from our delivery and performance obligations for the duration and to the extent of the effect of the force majeure, without any liability or recourse under the contract or the law. In this context, force majeure shall be in particular any disruption of operations, official closure of operations or disruption in the supply chain or in the transport route due to and in connection with the Corona pandemic for which we are not responsible. This does not apply insofar as this disruption already existed on the current day. We will, of course, notify you of the occurrence and cessation of the force majeure if and as soon as we become aware of it and will use our best endeavours to remedy the respective disruption and to limit its effects as far as possible.

§ 1 Scope of application

(1) Our offers, deliveries and services are subject exclusively to the following general terms and conditions.

(2) These general terms and conditions also apply exclusively to all current and future business relations between us and a supplier of goods or services. They do not apply to natural persons who conclude a legal transaction solely for a purpose that cannot be attributed to their commercial or self-employed professional activities.

(3) Our general terms and conditions of business apply exclusively; we do not recognise any conflicting or deviating general terms and conditions of business of the customer or supplier unless we have expressly agreed to their validity in writing.Our general terms and conditions shall also apply if we render our performance without reservation in the knowledge of conflicting or deviating terms and conditions of the customer / supplier.

(4) Our General Terms and Conditions of Business apply to both consumers and entrepreneurs, unless a differentiation is made in the respective clause.

(5). in commercial business transactions, counter-confirmations referring to business or purchasing conditions are hereby expressly rejected. This shall also apply if these are transmitted by means of a letter of confirmation.

§ 2 Conclusion of contract

(1) All offers are subject to change and non-binding. Public statements by the seller, the manufacturer, their assistants or third parties do not constitute descriptions supplementing or modifying the characteristics of the delivery item. The essential characteristics of the goods offered by us as well as the period of validity of limited offers can be found in the individual descriptions within the scope of our offers. The language available for the conclusion of the contract is exclusively German.

(2) The customer's order constitutes a binding offer which we can accept within one week by sending the order confirmation or by delivering the goods or performing the service.

(3) If the customer orders the goods electronically, the text of the contract and these General Terms and Conditions shall be stored in reproducible form and sent by e-mail at the customer's request. The customer can recognise input errors before the final submission of an offer by checking the offer on a separate page and, if necessary, correcting them after pressing the "Back" button of the browser on the previous page.

(4) we do not assume any procurement risk. We are entitled to withdraw from the contract insofar as we do not receive the delivery item despite the prior conclusion of a corresponding purchase contract on our part; our responsibility for intent or negligence remains unaffected. We shall inform the buyer without delay of the non-timely availability of the delivery item and, if we wish to withdraw, exercise the right of withdrawal without delay; in the event of withdrawal, we shall reimburse the buyer for the corresponding consideration without delay.

(5) We shall only become a contracting party if it is not expressly stated during the ordering process that an offer is being made.

(6) We reserve the property rights and copyrights to offer documents, illustrations, drawings, calculations and other documents. This also applies to such written documents which are designated as "confidential". The customer must obtain our express written consent before passing them on to third parties.

§ 3 Prices and payments

(1) The price offered by us is binding. The prices are in euros and include the statutory value added tax.

(2) if applicable, additional delivery and shipping costs will be incurred, which will be shown separately in the context of the specific offer.

(3) Unless otherwise agreed, the goods shall be dispatched exclusively against advance payment. Payments shall be made to us free of costs and expenses. In the event of default of payment, the statutory provisions shall apply.

(4) The customer shall only be entitled to set-off rights if his counterclaims have been legally established, are undisputed or have been recognised by us. If the customer is an entrepreneur, he shall only be entitled to exercise a right of retention if his counterclaim is based on the same contractual relationship.

§ 4 Delivery

(1) The customer shall bear the costs of shipment, which shall be shown separately within the scope of the specific offer.

(2) If the customer is a consumer, we shall bear the shipping risk regardless of the shipping method.

(3) The delivery time within Germany is 3 to 5 working days from receipt of payment.

§ 5 Right of withdrawal for consumers

Consumers are entitled to a right of revocation according to the following provisions, whereby a consumer is any natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to his commercial nor to his independent professional activity:

Cancellation policy

Right of withdrawal

The customer has the right to revoke this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which the customer or a third party named by the customer who is not the carrier has or has taken possession of the last goods.
In order to exercise the right of withdrawal, the customer must inform Mark Warnecke GmbH, Flaßkuhle 6 in 58452 Witten, telephone 02302-9828101, fax 02302-9828103, e-mail address support@amsport-shop.de by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of the decision to withdraw from this contract. The customer may use the model withdrawal form for this purpose, which is, however, not mandatory.
In order to comply with the withdrawal period, it is sufficient for the customer to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the revocation

If you withdraw from this contract, we must refund all payments we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
We may refuse to make a repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the end of the period of fourteen days.
You shall bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to your handling the goods in a way that is not necessary for checking the condition, properties and functioning of the goods.

Premature expiry of the right of withdrawal

The right of withdrawal expires prematurely in the case of contracts for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.

End of the cancellation policy

§ 6 Retention of title vis-à-vis consumers

If the customer is a consumer, we retain title to the delivery item until the purchase price has been paid in full.

§ 7 Retention of title vis-à-vis entrepreneurs

If the customer is an entrepreneur, we retain ownership of the delivery item until all claims arising from the business relationship have been settled, even if the specific delivery item has already been paid for.

§ 8 Warranty

(1) There is a legal right of liability for defects (warranty) for all goods from our shop.

(2) If the customer is a consumer, the statutory warranty provisions shall apply.

(3) If the customer is an entrepreneur, the warranty period is 1 year and begins with the transfer of risk. The limitation period in the case of a delivery recourse according to §§ 478, 479 BGB remains unaffected.

§ 9 Information and obligations of the customer

(1) online platform (OS platform) for out-of-court dispute resolution

Consumers have the option of using the European Commission's online dispute resolution platform (OS platform) at "www.ec.europa.eu/consumers/odr" to resolve disputes.
Our e-mail address: support@amsport-shop.de

(2) We are not subject to any special codes of conduct not mentioned above.

(3) We comply with the provisions of the German Telemedia Act (TMG) and all other data protection regulations. We collect, store and use personal data exclusively for the fulfilment of the contractual relationship with the contractual partner. We are entitled to pass on customer data to third parties insofar as this is necessary to process the contractual relationship. In accordance with the BDSG, we will provide you with information about the data stored by us at any time. If you wish, you can also request the correction, deletion or blocking of your data in accordance with the provisions of the Federal Data Protection Act. Please contact us by e-mail support@amsport-shop.de

(4) The products delivered by us in the territory of the Federal Republic of Germany are intended for use and to remain in the Federal Republic of Germany. The import and export of products may be subject to authorisation by the customer. Furthermore, additional costs (customs) may be incurred. The customer is therefore obliged to inform himself independently about the regulations applicable to this and to comply with them. In the event of a breach of the regulations, the customer shall be liable in full for the resulting damage.

(5) For technical reasons, the product photographs shown by us cannot exactly reproduce the natural colour and actual size of the products. Colour deviations are therefore possible and do not constitute a defect.

§ 10 Conditions of Purchase

(1) Unless otherwise agreed in writing in the contract, deliveries shall be made to our place of business (obligation to deliver) and shall be insured by the supplier at the supplier's expense against transport damage, incorrect loading or unloading and theft.

(2) goods are to be packed in such a way that damage during transport and loading is avoided.

(3) remuneration for performances, presentations, negotiations and/or for the preparation of offers and projects shall not be owed unless this has been agreed in writing in advance.

(4) we shall be entitled to rights of set-off and retention to the extent provided by law. The supplier's rights of set-off and retention shall only apply insofar as these are undisputed or have been legally established. We are entitled to reduce invoice amounts by the value of returned goods as well as possible expenses and claims for damages.

(5) The delivery date stated in the order, which must be carefully checked by the supplier in advance, is binding. The date of delivery shall be the date of receipt of the goods by us at our place of business (on our premises). The transfer of risk shall take place upon acceptance of the delivery by us at the supplier's place of business (on the premises). 6.

(6) our warranty claims against the supplier in the event of material defects and defects of title shall be determined in accordance with the statutory provisions. An obligation for us to inspect and give notice of defects in accordance with §377 of the German Commercial Code (HGB) is excluded.

§ 11 Place of performance and jurisdiction

(1) These terms and conditions and all other agreements between the contracting party and us shall be governed by the laws of the Federal Republic of Germany. The application of international sales law is excluded.

(2) The place of performance and jurisdiction for all claims arising from the contractual relationship and all disputes arising in connection with the business relationship, also for bills of exchange and cheques, is our registered office, provided the customer is a merchant.

§ 12 Miscellaneous

Should individual provisions of these terms and conditions be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions.

Notes on an order in our online shop

(1) This is how you order in our online shop:
- Add the item(s) to your shopping cart.
- Go to the checkout and enter your delivery and payment details in our customer area.
- During the order process, confirm that your details are correct.
- Click on the button "Order with obligation to pay" to place your order.

(2) You will find the information about the time of the conclusion of the contract in the corresponding section of the GTC.

(3) You make a binding offer when you have gone through the online ordering process by entering the information requested there and click on the "Order subject to payment" button in the last ordering step. After you have sent your order, we will send you an e-mail confirming receipt of your order and listing its details (order confirmation).

(4) This order confirmation does not represent an acceptance of your offer, but is only intended to inform you that we have received your order. You will receive all customer information regarding your order from us by the time the goods are delivered at the latest.

(5) The contract of sale will only be concluded upon confirmation by us or upon delivery of the items ordered by you.

(6) The text of the contract as well as the general terms and conditions will be stored by us in a reproducible form and sent to the customer by e-mail upon request.

(7) the language available for the conclusion of the contract is exclusively German. We are not subject to any special codes of conduct not mentioned above.

(8) Complaints can be made at the address given in the imprint.