Conditions of Use
Terms and Conditions (GTC)
Status: 09/2011
Terms and consumer information in the context of contracts of sale through our webshop between 360 degrees Sport Shop - closed - the "Seller" below - and the customer - in the "Customer" below.
§ 1 Scope and general information
(1) Subject to individual agreements and agreements that will prevail over these Terms and Conditions, the following terms and conditions apply to the business relationship between the provider and the customer only valid at the time of the order. Conflicting terms and conditions of the customer fi nd specifically does not apply unless the provider agrees to their validity in writing.
(2) The customer is a consumer, if the purpose of the goods and services ordered his trade, business or beru fl can not be attributed cozy activity. In contrast entrepreneur is any natural or legal person or legal partnership, in the exercise of their trade, business or beru fl is the conclusion of the contract cozy activity.
§ 2 Conclusion
(1) All offers in the web shop of the provider merely represent a non-binding invitation to the customer, the seller to make an offer to buy. Once the seller has received the order from the customer, the customer will first receive confirmation that his appointment offered, usually by e-mail (order confirmation). This does not constitute acceptance of the order. Upon receipt of an order, the provider will check them quickly and inform the customer within 2 working days whether he accepts the order (order confirmation). No contract is concluded when the customer does not receive an order confirmation within 2 business days. The order process in the shop of the provider functions as follows:
(2) The customer can choose from the range of vendor products and these "add to cart" using the button gather in a so-called cart. By clicking the button "submit order" it emits a binding offer to purchase the goods be in Cart fi photosensitive. Before submitting the order, the customer can change the data at any time and see. Any book may only be submitted and transmitted if the customer has "Accept Terms" by clicking on the button and accept these terms to include in its request.
(3) The provider then sends the customer an automatic confirmation of receipt by e-mail, in which the customer's order is listed again and can be printed via the "Print" function of the customer. The automated confirmation of receipt only documents that the customer's order is received by the provider and does not constitute acceptance of the application. The contract is not concluded until the declaration of acceptance by the provider which is sent to a separate e-mail.
§ 3 of the contract, quality, delivery, product availability
(1) The contract covers the speci fi ed in the context of the customer's order and goods of the order and / or order confirmation and services to the retail prices listed in the webshop. Errors and omissions are reserved there, esp. Concerning the availability of goods.
(2) The nature of the ordered goods resulting from the product descriptions in our webshop. Pictures on the website give the products may only inaccurately; esp. Colors may differ materially due to technical reasons. Images are for reference only as illustrative material and can differ from the product. Technical data, weight, dimensions and specifications are given as accurate as possible, but may be the usual variations. The properties described here do not constitute defects in the products supplied by the manufacturer.
(3) If at the time of the customer's order no copies of the selected product available to him, the provider shall notify the Customer of this in the order confirmation. If the product is permanently out of stock, sees the provider on a declaration of acceptance. A contract will be concluded in this case.
(4) Is designated by the customer in the order Product temporarily unavailable, the supplier shall notify the customer, this also immediately in the order confirmation. For a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. In addition to that, the provider is entitled to withdraw from the contract in this case. In addition he will refund any payments already made by the customer immediately.
§ 4 Retention of title
Until full payment of the delivered goods remain the property of the provider.
§ 5 Delivery, prices, shipping costs
(1) Delivery (delivery to the shipping company) made immediately after receipt of money (to pay by bank transfer), otherwise, immediately after the order confirmation.
(2) All prices indicated on the provider's website are inclusive of applicable VAT.
(3) The appropriate shipping charges to the customer in the order specified and shall be borne by the customer. From an order value of 99.00 EUR provided by the supplier to the customer include FREE shipping within Germany.
(4) The order will be shipped by mail. If the customer requests an insured shipping, he shall record by selecting the appropriate shipping method in the application. The resulting additional costs are specified in the order and paid by the customer.
§ 6 Methods of Payment, compensation and retention
(1) The customer may pay by prepayment (bank transfer), PayPal, creditcard and cash on delivery.
(2) The payment of the purchase price is payable immediately upon conclusion of the contract. If the due date of payment determined by the calendar, then the customer is already in default by failure to observe the event. In this case, he has the seller to pay interest at the rate of 5 percentage points above the base rate.
(3) The obligation of the customer to pay default interest includes the assertion Another delay damages by the provider is not enough.
(4) The customer may only offset counterclaims that have been established in court, are undisputed or acknowledged in writing by the seller. A lien may exercise the customer only if the claims from the same contractual relationship with the underlying arise.
§ 7 Warranty for defects, warranty
(1) The provider shall be liable for defects in accordance with the applicable laws, in particular §§ 434 ff BGB.
(2) A guarantee is made for the goods delivered by the seller only if it has been explicitly stated in the order confirmation of the respective products.
§ 8 Liability
(1) Customer claims for compensation are excluded. This excludes damage claims of the customer from injury to life, body or health or from the violation of essential Vertragsp obligations of (Kardinalp obligations of) as well as liability for other damages that maybe injury from an intentional or grossly negligent fl of the provider, his legal representatives or agents are based ,
(2) Should essential Vertragsp obligations of the purposes of paragraph 1 shall be liable to the supplier only on the typical, foreseeable damage unless it was caused by simple negligence, unless there is damage claims of the customer from injury to life, body or health.
(3) Significant Vertragsp obligations of the purposes of paragraph 1, the liability for breach of obligations of, the fulfillment of which makes the proper execution of the contract and on which the customer can rely.
(4) The limitations of paragraphs 1 and 2 shall also apply to the legal representatives and agents of the provider, if claims are asserted directly against them.
(5) The provisions of the Product Liability Act remain unaffected.
§ 9 Right of withdrawal
(1) If the customer is a consumer and he has concluded a contract with the seller using only remote communication means, especially by telephone, e-mail or fax, or via the website, he has the right of withdrawal described below.
No right of cancellation does exceptionally
• if the customer has fl purchased products offered for the purposes of his commercial or independent beru acquired cozy activity (in this case the customer is not a consumer)
• for products that have been manufactured according to the speci fi cations of the customers individually for him or clearly tailored to personal needs (special)
• for perishable products and for products whose expiration date has passed,
• in sealed data media with audio and video recordings or software if the disk has been removed by the customer,
• in newspapers and magazines.
- Conditions -
Customers may return merchandise within a two week time-period after the original purchase. Customers may revoke their order by submitting a written statement (e.g. letter, fax, e-mail) or returning the merchandise to 360 Grad Sportshop. The period allotted may set in no earlier than after the receivement of the last shipment. In order to excercise the right of revocation, customers need to mail their statement or the merchandise at the final day of the given time-period at the latest. All revocations are to be mailed to:
Thomas Stellwag
360 Grad Sportshop
Buchenstr.6b
85716 Lohhof
Tel.: +49(89)3171866
Fax: +49(89)31770585
e-mail: info@360shop.de
Consequences of revocation
In the event of a valid revocation each party shall return to the respective other party the benefits received. Customers are obliged to pay value replacement, if the merchandise is not returned as delivered. This obligation does not come into effect, if the customer is to keep the merchandise and the merchandise was only inspected as if purchased in a retail store. Customers may avoid this obligation by not using merchandise as if it is already in their possession and refraining from any actions that may lessen the merchandise’s value. Any merchandise that can be shipped as a parcel must be returned in the case of revocation. Customers are obliged to pay for any postage, if the delivered merchandise accords to the ordered merchandise, or if at the time of revocation no payments were made to 360 Grad Sportshop. Elsewise the return shipment does not have to be paid for by the customer. Merchandise that cannot be shipped as a parcel will be picked up by 360 Grad Sportshop. Customers have to fulfill liabilities for the return of payments within 30 days of the posting of their revocation.
- End of withdrawal -
§ 10 Notes on Data
(1) The provider charges associated with the settlement of contracts data of the customer. He noted that the legal provisions. Without the consent of the customer the supplier inventory and customer usage data will only collect, process or use, to the extent necessary for the execution of the contract and for using and invoicing teleservices.
(2) Without the consent of the customer, the supplier will not use customer data for purposes of advertising, market research or opinion.
(3) The customer always has the possibility to retrieve the data stored by him under the button "My Data" in his pro fi le, change, or delete it. Moreover, with respect to consent of the customer and further information on data collection, processing and use
Please refer to the Privacy Policy, which in printable form is available on the website of the supplier at any time by clicking "Privacy".
§ 11 Settlement of disputes
For extrajudical resolution please contact:
Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e. V.
Straßburger Str. 8
77694 Kehl
Internet: www.verbraucher-schlichter.de
§ 11 Final Provisions
(1) Any contract between the provider and the customer fi nds the laws of the Federal Republic of Germany, excluding the UN Sales Convention.
(2) If it is the customer is a merchant, a legal entity under public law or a public special fund, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider of the office of the provider.
(3) The contract shall remain binding even if legal invalidity of individual items, the remaining parts.
Source: www.rechtsanwalt-metzler.de