(1) All deliveries, services and offers by GSG GreatSports GmbH, Massener Str. 119a, 59423 Unna (hereinafter also referred to as "Provider" or "Seller") are made exclusively on the grounds of these general terms and conditions of business. They are an integral part of all contracts that the Provider concludes with his contractual partners (hereinafter also referred to as "Customer" or "Buyer") regarding the deliveries or services he offers. They apply to consumers and companies.
(2) Terms and conditions of business of the Customer or third parties shall not apply, even if the Provider does not contradict their validity separately in an individual case. Even if the Provider refers to a letter that contains or refers to the terms and conditions of business of the Customer or a third party, this does not imply any agreement with the validity of those terms and conditions of business.
(3) The contract language is German.
(1) The offers in our online shop represent a non-binding request to you to order these goods.
(2) You may place one or more items in the shopping cart. In the course of the ordering process you enter your data and wishes regarding payment method, delivery modalities etc. Only by clicking the order button "order with costs" do you submit a binding offer to conclude a purchase contract. After we have received your order, you will receive an order confirmation e-mail, in which all information about your order is listed once again. This e-mail does not yet constitute the acceptance of your offer.
(3) We are entitled to accept your offer as submitted via our online shop within 3 working days by sending confirmation of order by e-mail. After fruitless expiration of the period mentioned in sentence 1, your offer shall be deemed rejected, i.e. you shall no longer be bound by your offer.
We store your order including details of the contract concluded (e.g. type or product, price, etc.). We will send you the general terms and conditions of business, but you can also access the general terms and conditions of business via our website at any time after the conclusion of the contract.
Article 4 Customer information: Correction referenceYou can change or delete your entries at any time before submitting the order. We will inform you about further correction possibilities on the way through the order process. You can also end the ordering process completely at any time by closing the browser window.
Article 5 Prices and payment(1) The prices are valid for the scope of services and deliveries listed in the offer of the Provider. Additional or special services are charged separately. The prices are in euros including the legal VAT.
(2) Insofar as the agreed prices are based on the Provider's list prices and delivery is not to take place until more than four months after conclusion of the contract, the Provider's list prices valid at the time of delivery shall apply (in each case less an agreed percentage or fixed discount).
(3) Invoice amounts are payable within thirty days of the invoice date without any deductions. Payment by cheque is excluded, unless it is agreed separately in individual cases. If the customer fails to make payment when due, the outstanding amounts shall bear interest at 5% p.a. from the due date; the right to claim higher interest and further damages in the event of default shall remain unaffected.
(1)Rights of liability for defects
Legal rights of liability for defects exist for our goods.
(2) Limitation of the rights of liability for defects (warranty) towards business operators
Your warranty claims due to defects in the purchased item shall fall under the statute of limitations one year after the transfer of risk. The following claims are excluded from this regulation:
- claim for compensation for damages
- claim due to fraudulently concealed defects
- claim under any guarantee given
- claim to recourse according to Articles 445a, 478 BGB (German Civil Code)
- claims for defects in building materials and components which have been used for a building in accordance with their customary manner of use and have caused the defectiveness of the building.
The statutory limitation periods apply to these excluded claims. In the event of a possible warranty period, the longer period shall apply in favour of the purchaser.
We exclude liability for slightly negligent breaches of duty, provided that these do not concern duties essential to the contract, damage from injury to life, body or health, guarantees or claims under the Product Liability Act (ProdHaftG). The same applies to breaches of duty by our vicarious agents and our legal representatives. The duties essential to the contract include in particular the duty to hand over the item to you and to supply you with the ownership thereof. Furthermore, we must provide you with the item free of material defects and defects of title.
Article 8 Reservation of titleThe object of purchase remains our property until full payment has been received
Article 9 Set-off, right of retention of the offerer against business operators
(1) The customer may only offset claims of the seller with counterclaims that are undisputed, legally established or ready for decision.
(2) The customer is entitled to exercise a right of retention only insofar as the counterclaim on which he bases the right of retention is undisputed, legally established or ready for decision and based on the same contractual relationship.
We are neither willing nor obliged to participate in dispute settlement proceedings before a consumer arbitration board
Article 11 Final provisions
(1) If the customer is a merchant, a legal entity under public law or a special fund under public law or has no general place of jurisdiction in the Federal Republic of Germany, the place of jurisdiction for all possible disputes arising from the business relationship between the provider and the customer is, at the choice of the provider, Unna or the location of the customer. For legal actions against the provider in these cases, however, Unna is the exclusive place of jurisdiction. Mandatory statutory provisions on exclusive places of jurisdiction remain unaffected by this provision.
(2) The relations between the Provider and the Customer are exclusively subject to the law of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG) shall not apply.
(3) Insofar as the contract or these general terms and conditions of business contain loopholes, those legally effective provisions shall be deemed agreed to fill these loopholes which the contracting parties would have agreed to in accordance with the economic objectives of the contract and the purpose of these general terms and conditions of business if they had been aware of the loophole.
