General Terms and Conditions of the Online Shop "tennistown"

General Terms and Conditions of the Online Shop tennistown

§ 1 General

(1) The company tennistown GmbH, Enderstr. 88, 01277 Dresden (hereinafter referred to as the shop operator) offers goods for sale through its internet pages.

(2) The deliveries and services of the shop operator via the online shop tennistown are exclusively subject to these General Terms and Conditions.

(3) In business transactions with companies as well as legal entities under public law and public law special assets, these General Terms and Conditions also apply to all future legal transactions, even if they are not expressly agreed again. If the customer does not wish to accept the General Terms and Conditions of the online shop tennistown, they must notify the shop operator in text form beforehand. Deviating general terms and conditions of the customer are hereby rejected. Therefore, the terms and conditions of the customer or third parties shall not apply even if the shop operator does not separately object to their applicability in individual cases or if the shop operator refers to a letter that contains or refers to the terms and conditions of the customer or a third party.

§ 2 Right of Withdrawal

Consumers have a right of withdrawal, whereby a consumer is any natural person who enters into a legal transaction for purposes that predominantly are not attributable to their commercial or independent professional activity.

Information on the exclusion or early expiration of the right of withdrawal

The right of withdrawal does not apply to contracts:

- for the delivery of goods that are not pre-fabricated and for whose production an individual choice or specification by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;

- for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded.

The right of withdrawal expires early in contracts:

- for the delivery of sealed goods that are not suitable for return for health protection or hygiene reasons if their seal has been removed after delivery.

§ 3 Prices

The prices stated are consumer prices including the statutory value-added tax.

§ 4 User Account

(1) In order to order goods from the shop operator, the customer can register permanently as a user and create a user account. The user account is free of charge and serves to simplify future contract processing.

(2) Registration is done by entering the required data into an online form provided for this purpose. The data required for registration must be provided completely and truthfully by the customer.

(3) During registration, the customer selects a personal username and a password. The username must not violate the rights of third parties or other name and trademark rights or public morals. The customer is obliged to keep the password confidential and must not disclose it to third parties under any circumstances.

(4) Those who are already registered cannot be registered again (no "double membership").

(5) The shop operator is entitled to refuse registration without giving reasons even if all requirements for admission as a user are met.

(6) The shop operator reserves the right to keep the user account available voluntarily beyond the duration of the business relationship with the customer. The customer can permanently unsubscribe from the online shop at any time. This is done by email to info@tennistown.de. The unsubscription will lead to the deletion of all personal data of the customer, as far as their storage is not legally required or purposefully and legally permissible.

§ 5 Conclusion of Contract

(1) The product descriptions of the shop operator on the website do not constitute a binding offer.

(2) After creating a user account, opening an existing user account or, if such an account is not created, entering their personal data, and subsequently checking the accuracy of their information on the following overview page, the customer submits a binding purchase offer for the goods contained in the shopping cart by confirming the order in the final step of the ordering process. The customer can cancel the order at any time by pressing the "Cancel" or "Back" button and by closing the browser window. The overview page appearing before the completion of the order allows the customer to check their information for input errors and, in the event of an input error, to correct it by pressing the "Back" button. After successful order placement, the customer will receive an email confirming receipt of the order and providing all necessary information regarding the order, the ordered goods, and other statutory consumer information. This confirmation email only constitutes a binding acceptance ("Order Confirmation") if this is expressly stated by the shop operator. For the conclusion of the contract, only German is available as a language.

(3) The customer is bound to their order until the end of the second working day (Monday to Saturday) following the day of the offer. A contract is concluded and thus a contractual obligation regarding the individual services arises, however, when the shop operator expressly accepts the customer's offer through an order confirmation or, if the customer has exceptionally not received the order confirmation, through delivery of the goods. The contract will be stored by the shop operator, sent to the customer with the confirmation email, and can be sent to the customer in copy upon request in case of loss of the documents.

§ 6 Payment Terms and Shipping/Delivery

(1) Subject to any differing regulation in individual cases, the following applies to payment and shipping:

a) Payment can be made optionally in advance (by bank transfer in advance, immediate transfer), PayPal, credit card, cash on delivery or by invoice. The shop operator reserves the right to exclude certain payment methods based on the results of a credit check.

b) In the case of advance payment or PayPal agreement, the goods will be shipped to the customer after receipt of the transfer amount. In the case of payment by credit card, the customer's account will be charged upon dispatch of the goods. In the case of payment by invoice or cash on delivery, the shop operator will issue an invoice for the ordered goods, which will be handed over to the customer upon delivery of the goods.

c) The customer bears the shipping costs. Shipping is generally only within the European Union. If shipping occurs in an individual case to a country outside the European Union, the customer is responsible for proper customs clearance and bears the costs and all other costs associated with the import.

d) The customer can also pick up the order directly from the shop operator, Enderstr. 88, 01277 Dresden, against cash payment. In this case, no shipping costs will be incurred.

e) The shipping of the order is free of charge for the customer if

- the order value exceeds 150.00 EUR (including VAT) or
- at least one item marked as "free shipping" is ordered.

However, the customer must bear the shipping costs for the return if they only partially exercise their right of withdrawal under § 2. However, the shipping cost exemption remains if the items retained by the customer still exceed an order value of 150.00 EUR or if at least one item marked as "free shipping" is among them.

(2) All invoice amounts are to be paid no later than 14 days after receipt of the invoice.

(3) The shop operator is entitled to partial deliveries and partial services if the partial delivery is usable for the customer within the framework of the contractual purpose, the delivery of the remaining ordered goods is ensured, and the customer does not incur any significant additional effort or costs as a result (unless the shop operator declares its willingness to bear these costs).

(4) If the customer is in default, interest will be charged from that point on at the statutory rate. The shop operator reserves the right to assert a higher delay damage.

(5) If the shop operator has concluded a contract with its supplier for the delivery of the goods due to the customer's order (so-called "cover transaction") and the supplier of the shop operator does not fulfill its delivery obligation from the cover transaction, the shop operator may withdraw from the purchase contract by declaring this to the customer. The shop operator is obliged to inform the customer of the unavailability without delay and to reimburse any payments or other counter-performance made by the customer in this case without delay. The statutory rights of the customer due to delivery delays are not affected by the above regulation. For claims for damages, the provisions in § 10 (Liability of the Shop Operator) apply.

§ 7 Set-off, Retention and Assignment

(1) The customer is only entitled to set-off and retention if the due counterclaims have been legally established, are undisputed or ready for decision. However, the customer is entitled to set-off without the further requirements from sentence 1

a) even if they want to set off a claim against a claim of the shop operator that is in a reciprocal relationship with the customer's claim (e.g. set-off with a claim for damages due to non-performance or delay against the claim for payment of the owed remuneration),

b) to retention even if the right of retention is asserted due to counterclaims from the same contractual relationship.

(2) Except in the area of § 354a HGB, a customer who is an entrepreneur may only assign claims from this contract to third parties with the prior written consent of the shop operator. Consumers, on the other hand, are not subject to any assignment prohibition and may assign their claims to third parties without the consent of the shop operator.

§ 8 Retention of Title

The delivered goods remain the property of the shop operator until full payment has been made.

§ 9 Claims for Defects

(1) If the goods are defective, the customer will inform the shop operator of this and return the goods to the shop operator at the shop operator's expense. Since unpaid shipments are associated with high additional costs, the customer is not entitled to choose this shipping method; the shop operator will therefore reimburse the customer for the shipping costs without delay and will also advance them upon special request by the customer. If the goods turn out to be free of defects (e.g. because there is damage for which the buyer is responsible), the seller may demand reimbursement of the shipping costs; moreover, he may make the return of the goods dependent on the buyer advancing the costs of return in addition to the reimbursement of the shipping costs.

(2) The rights of the shop operator regarding defects are governed by §§ 433 ff. BGB.

(3) If the customer purchases as an entrepreneur or legal entity under public law or public law special assets, the following applies in addition to paragraphs 1 and 2:

a) Claims for defects do not exist in the case of only insignificant deviation from the agreed quality and in the case of only insignificant impairment of usability.

b) The customer's obligation to inspect and notify without delay according to §§ 377 and 381 para. 2 HGB remains unaffected.

c) The shop operator is entitled to remedy the defect or to deliver new goods at its discretion.

d) The limitation period is governed by § 11.

e) At the request of the shop operator, the complained goods must be returned to the shop operator free of freight charges. In the case of justified defect complaints, the shop operator will reimburse the costs of the cheapest usual shipping method; this does not apply to the extent that the costs increase because the goods are located at a different place than the place of intended use.

f) A delivery of used items agreed with the customer in individual cases is made under exclusion of any liability for defects.

g) The exclusions and limitations of the rights of the customer under this paragraph 3 do not apply if the shop operator has acted fraudulently or has assumed a guarantee for the quality of the item.

(4) For the scope and amount of liability for damages and reimbursement of futile expenses due to a defect for which the shop operator is responsible, § 10 (Liability of the Shop Operator) applies.

§ 10 Liability of the Shop Operator

(1) The liability of the shop operator for damages, regardless of the legal reason (e.g. due to impossibility, delay, defective or incorrect delivery or performance, breach of contract and tort), is limited to the extent that liability requires fault on the part of the shop operator in accordance with this § 10 (Liability of the Shop Operator).

(2) The liability of the shop operator for simple negligence is excluded, unless there is a breach of an essential contractual obligation, the fulfillment of which makes the proper execution of the contract possible in the first place and on which the customer was allowed to rely and whose non-fulfillment jeopardizes the achievement of the contractual purpose (so-called "cardinal obligation", e.g. timely delivery of defect-free goods). In the event of a breach of such an essential contractual obligation, the liability of the shop operator is limited to foreseeable, typical contractual damages at the time of conclusion of the contract.

(3) In the case of gross negligence, the liability of the shop operator towards entrepreneurs is limited to foreseeable, typical contractual damages at the time of conclusion of the contract. Towards consumers, the liability of the shop operator for gross negligence is unlimited.

(4) The liability exclusions and limitations of this § 10 (Liability of the Shop Operator) apply accordingly to claims for reimbursement of futile expenses.

(5) The liability exclusions and limitations of this § 10 (Liability of the Shop Operator) also apply in the same manner for the organs, legal representatives, employees and other vicarious agents of the shop operator.

(6) The limitations of this § 10 (Liability of the Shop Operator) do not apply to the liability of the shop operator for intentional conduct, for injury to life, body or health, in cases of fraud, in the assumption of a guarantee or for claims under the Product Liability Act.

§ 11 Limitation Period

(1) If the customer purchases as an entrepreneur or legal entity under public law or public law special assets, the limitation period is

a) for claims arising from material or legal defects for reimbursement of the remuneration due to withdrawal or reduction one year from the submission of the effective withdrawal or reduction declaration; the withdrawal or reduction is only effective if declared within the period of lit. b) for material defects or the period of lit. c) for legal defects;

b) for claims arising from material defects that do not involve reimbursement of the remuneration due to withdrawal or reduction, one year;

c) for claims arising from legal defects that do not involve reimbursement of the remuneration due to withdrawal or reduction, two years; if the legal defect lies in an exclusive right of a third party, based on which the third party can demand return or destruction of the items provided to the customer, the statutory limitation period applies;

d) for claims for reimbursement of the remuneration, damages or reimbursement of futile expenses not based on material or legal defects, two years.

(2) The limitation period begins, subject to any differing individual contractual regulation in the cases of paragraph 1 lit. b) and c), according to the statutory provisions, in particular the applicable defect liability law, in the case of lit. d) from the moment the customer becomes aware of the circumstances giving rise to the claim or must become aware of them without gross negligence.

(3) The limitation period expires at the latest upon expiration of the maximum periods specified in § 199 BGB.

(4) For claims for damages and reimbursement of futile expenses due to gross negligence and in the cases mentioned in § 10 paragraph 6 as well as for claims due to a defect in the cases of § 438 para. 1 no. 2 BGB and § 634a para. 1 no. 2 BGB, the statutory limitation periods shall always apply.

(5) The statutory limitation periods also apply if the customer purchases as a consumer.

§ 12 Information on Consumer Dispute Resolution

The shop operator does not participate in voluntary consumer dispute resolution.

§ 13 Data Protection

The shop operator will observe all data protection requirements, in particular the provisions of the Federal Data Protection Act and the Telemedia Act. The customer's data will only be collected and processed for the purpose of fulfilling the respective order and will not be passed on to third parties. The storage of this data is based on legal obligations within the framework of what is legally permissible. Furthermore, the shop operator refers to its Privacy Policy.

§ 14 Final Provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Sales Law (CISG); Art. 12 CISG remains unaffected. Mandatory provisions for the protection of consumers that apply in the state in which the consumer has their habitual residence remain unaffected.

(2) The place of performance is, in contracts with merchants, legal entities under public law or public law special assets, the registered office of the shop operator.

(3) The exclusive place of jurisdiction for all disputes in connection with individual contracts concluded under these terms and conditions with merchants, legal entities under public law or public law special assets is the registered office of the shop operator. For claims by the shop operator against the customer, any other statutory place of jurisdiction also applies. These jurisdiction agreements are exclusively determined by the law of the Federal Republic of Germany. Mandatory statutory provisions on exclusive places of jurisdiction remain unaffected by this regulation.

As of: December 2016