General Terms and Conditions (GTC)
TK Sports GmbH
1. Scope of Application
1.1 These General Terms and Conditions (hereinafter “GTC”) apply to all contracts for the delivery of goods that a consumer or business (hereinafter “Customer”) enters into with TK Sports GmbH (hereinafter “Seller”) through the Seller’s online store.
1.2 A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither related to their commercial activities nor to their self-employed professional activities.
1.3 A businessperson is a natural person, a legal entity, or a partnership with legal capacity that, when entering into a legal transaction, acts in the course of its commercial or self-employed professional activities.
1.4 Any terms and conditions of the customer that differ from these will not be recognized unless the seller expressly agrees to their validity in writing.
2. Conclusion of the Contract
2.1 The products displayed in the online shop do not constitute a legally binding offer, but rather an invitation to submit an order.
2.2 By completing the electronic ordering process, the Customer submits a binding offer. The contract is concluded when the Seller accepts the Customer’s offer by expressly confirming the order by email or by dispatching the goods.
2.3 The contract text will be stored by the Seller and provided to the Customer in text form after conclusion of the contract. If a customer account has been created, the Customer can also view their order details there.
2.4 Before submitting the order, the Customer may correct their entries at any time.
2.5 The contractual language is German.
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3. Right of Withdrawal
Consumers are entitled to the statutory right of withdrawal.
Instructions on the Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party designated by you took possession of the goods.
To exercise your right of withdrawal, you must inform us:
TK Sports GmbH
Gutenbergstraße 23–25
68167 Mannheim
E-Mail: info@tk-sports.eu
Telefon: +49 (0)621 84230 0
by means of an unequivocal statement of your decision to withdraw from the contract.
To meet the withdrawal deadline, it is sufficient for you to send your notification concerning the exercise of your right of withdrawal before the withdrawal period has expired.
Consequences of Withdrawal
In the event of an effective withdrawal, we will reimburse all payments received from you, including the delivery costs for the least expensive standard delivery option offered by us, without undue delay and no later than fourteen days from the date on which we receive your notification of withdrawal.
For the reimbursement, we will use the same means of payment that you used for the original transaction.
We may withhold reimbursement until we have received the goods back or until you have provided evidence that you have returned the goods, whichever occurs first.
You shall bear the direct costs of returning the goods.
We may voluntarily provide the Customer with the option of using a return shipping label. The Customer has no legal entitlement to such a return label. The statutory provisions regarding the allocation of return shipping costs remain unaffected.
You shall only be liable for any diminished value of the goods resulting from handling beyond what is necessary to establish the nature, characteristics and functioning of the goods.
No voluntary return option beyond the statutory right of withdrawal is granted
4.Prices and Terms of Payment
4.1 All prices stated are final prices including statutory value added tax (VAT).
4.2 For deliveries outside the European Union, additional costs may arise, such as customs duties, taxes or bank charges, which shall be borne by the Customer.
4.3 The payment methods available are listed exhaustively in the online shop.
4.4 Bf payment via PayPal is selected, payment will be processed via PayPal (Europe) S.à r.l. et Cie, S.C.A., Luxembourg, subject to PayPal’s terms of use, available at: https://www.paypal.com/de/webapps/mpp/ua/useragreement-full oder – or, if the Customer does not have a PayPal account, subject to the terms for payments without a PayPal account, available at:
https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
4.5 If Klarna is selected, payment will be processed via Klarna Bank AB (publ), Sweden. The use of individual payment methods may be subject to a credit assessment. The complete invoice terms and conditions for the countries in which this payment method is available can be found here: Germany, Austria, Finland, Netherlands. Further information and Klarna’s terms of use can be found here. General information about Klarna can be found here. Your personal data will be processed by Klarna in accordance with the applicable data protection regulations and the information contained in Klarna’s Privacy Policy.
5. Delivery and Shipping Conditions
5.1 Delivery shall be made to the delivery address specified by the Customer.
5.2 If delivery cannot be completed for reasons attributable to the Customer, the Customer shall bear any additional costs incurred as a result.
6. Retention of Title
The goods shall remain the property of the Seller until full payment has been received.
7. Liability for Defects (Warranty)
7.1 The statutory provisions shall apply.
7.2 For used goods, the limitation period for claims based on defects shall be one year from delivery. This shall not apply to damages resulting from injury to life, body or health or in cases of intentional or grossly negligent breach of duty.
8. Indemnification in the Event of Infringement of Third-Party Rights
f, in addition to delivering goods, the Seller is contractually required to process them in accordance with specific instructions provided by the Customer, the Customer shall ensure that the content supplied to the Seller for the purpose of such processing does not infringe any third-party rights, including, for example, copyrights or trademark rights.The Customer shall indemnify the Seller against any claims asserted by third parties against the Seller due to an infringement of their rights resulting from the Seller’s contractual use of the content provided by the Customer. The Customer shall also bear the reasonable costs of the necessary legal defence, including all court and legal fees in the statutory amount.This shall not apply if the Customer is not responsible for the infringement.If claims are asserted by third parties, the Customer shall be obliged to provide the Seller without undue delay, truthfully and completely, with all information necessary to examine the claims and to prepare a defence.
9. Applicable Law
The laws of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
With respect to consumers, this choice of law shall apply only insofar as it does not deprive the consumer of the protection afforded by mandatory consumer protection provisions of the country in which the consumer has their habitual residence.
10. Place of Jurisdiction
If the Customer is a merchant or a legal entity under public law with its registered office in the Federal Republic of Germany, the Seller’s registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract.If the Customer has their registered office outside the territory of the Federal Republic of Germany, the Seller’s registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract, provided that the contract or claims arising from the contract can be attributed to the Customer’s professional or commercial activity.In the aforementioned cases, however, the Seller shall in any event also be entitled to bring proceedings before the courts at the Customer’s registered office.
This is merely a translation provided for the convenience of users. In the event of a legal dispute, the German version of the Terms and Conditions shall be deemed the applicable document.