- 1 Applicability, Contract Language
(1) The following general Terms and Conditions (GTC) apply to all contracts concluded between you and us, the company (Volaire Athletique GmbH, Poßmoorweg 23, 22301 Hamburg, Germany, Commercial Register Number HRB 173453, VAT-number DE-349799220) via this online shop.
(2) The exclusive language available for the conclusion of the contract shall be English. Translations of these GTC to other languages are for information purposes only. In the event of contradictions between the English text and the translations, the English text shall prevail.
(3) The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be attributed predominantly to his commercial or self-employed professional activity. An entrepreneur, on the other hand, is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the course of his commercial or self-employed professional activity.
- 2 Applicable Law, Mandatory Consumer Protection Regulations
The law of the Federal Republic of Germany shall apply excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG), if
(a) your abode is in Germany, or
(b) your abode is situated in a state not being member of the European Union.
In the event that your abode is in a member state of the European Union, German law applies provided this stipulation is not in conflict with mandatory rules of the state in which your abode is situated. Such rules shall remain unaffected.
- 3 Conclusion of contract
(1) The presentation of the products and services in our online shop does not constitute a legally binding offer, but merely an invitation to place orders (invitatio ad offerendum).
(2) By clicking “Buy now“ in the last step of the order process, you submit a binding offer for purchase of the goods displayed in the order overview and/or for booking of the services listed in the order overview. We will then immediately send you an automatic confirmation of receipt via email, in which your order is listed again and you can print it out using the "Print" function. The automatic confirmation of receipt merely documents that we have received your order and does not constitute acceptance of the offer. The contract is only concluded by the submission of the declaration of acceptance by us, which is sent with a separate email (order confirmation). In this email or in a separate email, but no later than upon delivery of the goods, the contractual agreement (consisting of order, terms and conditions and order confirmation) will be sent to you by us on a durable medium (email or paper printout) (contract confirmation).
- 4 Technical steps up to the conclusion of the contract and correction of input errors
To place an order, start by placing the desired goods and/or services in the shopping cart. There you may modify at any time the desired quantity or delete goods and services completely. If you have placed goods and services in the shopping cart, by clicking on the buttons „Next“ you will get first to a web page where you may enter your data and then you may choose the shipping and payment method. You can review your input on the overview page that will open up. To correct input errors (e.g. with respect to the payment method, data or quantity), click „Edit“ next to the respective field. To cancel the order process, you can simply close your browser window. By clicking the confirmation button „Buy now“, your declaration becomes binding in the meaning of section 3 (2) of these GTC. However, your declaration can only be submitted and transmitted if you accept these GTC by ticking the "Accept GTC" box.
- 5 Storage of the contractual agreement
You will receive the contractual provisions together with information on the goods ordered and/or services booked including these GTC and the information on the right of withdrawal via email upon acceptance of the contract offer or together with the notification thereof. The contractual agreement will be stored in compliance with data protection.
- 6 Opening a customer account
In our online shop you may order goods or services after opening a customer account. With a customer account you must not enter your personal data every time you use our online shop, but you may log on to your customer account with your email address and your password before or during the order process. You will not be obliged to buy any of the goods offered by us only due to your registration.
- 7 Payment Terms
(1) Currently, the customer can pay via PayPal or Klarna.
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options: invoice, bank transfer (Sofortüberweisung), credit card or installments. The payment is made to Klarna in each case.
General information about Klarna can be found here: https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user and here https://www.klarna.com/de/. Legal Information on Klarna can be found here: https://www.klarna.com/de/agb/
If you choose PayPal as payment method, you will be redirected to PayPal after completing the order. There you can log in to your PayPal account or open a new PayPal account and authorize the payment. Once you have confirmed your payment details, you will be automatically redirected back to our online store.
(2) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of payment is determined by reference to the calendar, the customer shall already be in default by missing the deadline. In this case, the customer has to pay interest on arrears for the year at a rate of 5 percentage points above the base interest rate.
(3) The customer's obligation to pay default interest shall not preclude us from asserting further damages for default.
- 8 Retention of Title
The goods shall remain our property until full payment.
- 9 Delivery, availability of goods, prices, shipping costs
(1) Delivery times stated by us shall be calculated from the time of our order confirmation, subject to prior payment of the purchase price (except in the case of purchase on account). The delivery time for the respective goods is specified in our online store.
(2) If the product selected by the customer is not available at the time of the customer's order, we shall inform the customer of this immediately in the order confirmation. If the product is permanently not available, we refrain from a declaration of acceptance. In this case, no contract is concluded.
(3) If the product designated by the customer in the order is only temporarily unavailable, we shall also inform the customer of this without delay in the order confirmation.
(4) The following delivery restrictions apply: We shall only deliver to customers who have their habitual residence (billing address) in one of the following countries and can provide a delivery address in the same country: Germany, Austria.
(5) Shipping costs are listed in the product description and are billed separately.
(6) All prices stated on our website are inclusive of the applicable statutory value added tax.
- 10 Right of Withdrawal
As a consumer you have in accordance with the rules described in the attachment below a right of withdrawal. The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be attributed predominantly to his commercial or self-employed professional activity.
- 11 Warranty in case of purchasing goods
(1) If the delivered goods purchased in our online shop are defective, you are entitled, within the scope of legal provisions, to request rectification, to withdraw from the contract or to reduce the purchase price.
(2) The limitation period of warranty claims for the delivered goods is two years of receipt of the goods. Any claims due to defects maliciously concealed by us will expire after the normal limitation period.
(3) Moreover, you shall also have rights for defects within the scope of guaranteed properties and/or durability, provided that we expressly guaranteed such in the individual case with respect to the item sold.
- 12 Voluntary Right of Return
(1) Notwithstanding your statutory right of withdrawal, we grant you a voluntary right of return of 30 days from receipt of the goods. With this right of return, you can withdraw from the contract even after the 14-day withdrawal period has expired (see information on the right of withdrawal below) by returning the goods to us within 30 days of receipt (the period begins on the day after receipt of the goods).
(2) In case of return you can use the return label enclosed with the order or the printable return label. If you have difficulties downloading the return label or if you do not have a printer available, please contact us at +49(0)162 5 488 488 or write us an e-mail at email@example.com
(3) The timely dispatch is sufficient to meet the deadline. The condition for exercising the voluntary right of return is, however, that you have only tried on the goods for fitting, as in a store, and that you return the goods complete, in their original condition, intact and without damage in the original sales packaging together with any instructions and - if available - with an undamaged seal. If these requirements are not met, the return of the goods may be refused. Alternatively, as in the case of the statutory right of withdrawal, compensation may also be claimed in the case of the voluntary 30-day right of return for any loss in value that has occurred, insofar as the loss in value is attributable to handling of the goods that was not necessary for testing the condition, properties and functioning of the goods.
(4) The voluntary right of return does not apply to contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene, if their seal was removed after delivery, as well as to contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. The voluntary right of return does not apply to the purchase of gift vouchers.
(5) Until the expiry of the period for the statutory right of withdrawal, only the legal conditions listed there apply. The voluntary right of return does not limit your statutory warranty rights.
- 13 Limitation of Liability
We are liable for intent and gross negligence. Further, we are liable for the negligent breach of obligations, whose fulfillment is essential to enable the ordinary implementation of the contract, whose breach jeopardizes the achievement of the purpose of the contract and on whose compliance you as a customer may rely on regularly. In the last-mentioned case, we are only liable for the foreseeable, typical contractual damage. The same applies to breaches of duty by our vicarious agents.
The abovementioned exclusions of liability do not apply in case of damage of life, body and health. The liability pursuant to the product liability law remains unaffected.
14 Jurisdiction; Online and Alternative Dispute Resolution; Severability Clause
(1) If, on conclusion of this contract, you had your place of residence or habitual place of abode in Germany and you relocated it to a location outside Germany at the time of commencement of proceedings by us or if your place of residence or habitual place of abode is unknown at this time, the jurisdiction for all disputes shall be the seat of our company in Hamburg, Germany.
(2) The European Commission provides a platform for online dispute resolution under http://ec.europa.eu/consumers/odr/
(3) We are not obligated and not willing to participate in dispute resolution proceedings pursuant to the German Consumer Dispute Resolution Act (VSBG).
(4) Should individual provisions of this contract be invalid, this shall not affect the validity of this contract as a whole.
INFORMATION ON THE RIGHT OF WITHDRAWAL
RIGHT OF WITHDRAWAL
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform us, Volaire Athletique GmbH, Poßmoorweg 23, 22301 Hamburg, Germany, Email: firstname.lastname@example.org, of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or email). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
EFFECTS OF WITHDRAWAL
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earlier
You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from the contract to us. The deadline will be met if you send back the goods before the period of 14 days has expired. You will have to bear the direct costs of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristic and functioning of the goods.
- Unless otherwise agreed by the parties, pursuant to Section 312g of the German Civil Code (BGB) the right of withdrawal shall not apply to the following contracts:
- Contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery
- Please use the original packing material in the event of sending back the goods, if the original packing material is still at hand.
Model withdrawal form according to Annex 1 B to Directive 2011/83/EU
(Complete and return this form only if you wish to withdraw from the contract)
- To Volaire Athletique GmbH, Poßmoorweg 23, 22301 Hamburg, Germany, Email: email@example.com:
- I/we (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*); Please describe goods/services precisely so it is possible to identify to which goods or services withdrawal refers.
- ordered on (*). . . . ./received on (*). . . . .;
- name of consumer(s);
- address of consumer(s);
- signature of consumer(s) (only if this form is notified on paper);
(*) complete as appropriate