General Terms and Conditions and Consumer Information

 

§ 1 Basic provisions

 

(1) The following terms and conditions apply to all contracts concluded between Heinz-Peter Hebbel, Im Auchtert 32, 72186 Empfingen, Germany — hereinafter referred to as the provider — and the customer through the provider’s website tennis.hps-sport-shop.de. Unless otherwise agreed, the incorporation of the customer’s own terms and conditions is rejected.

 

(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for a purpose that cannot be attributed to either their commercial or their self-employed professional activity. An entrepreneur is any natural or legal person or partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their self-employed professional or commercial activity.

 

(3) The language of the contract is German. The provider does not store the complete text of the contract. Before submitting the order through the online shopping cart system, the contract details can be printed using the browser’s print function or saved electronically. After the provider receives the order, the order details, the information required by law for distance contracts and the General Terms and Conditions are sent to the customer again by email.

 

For requests for quotations submitted to the provider, for example, the customer receives all contract details by email as part of a binding offer, which the customer can print or save electronically.

 

 

 

The statutory provisions on liability for defects and warranty apply to consumers.

 

 

 

 

 

§ 2 Subject matter of the contract

 

The subject matter of the contract is the sale of goods. Details, in particular the essential characteristics of the goods, can be found in the product description and the supplementary information on the provider’s website.

 

§ 3 Conclusion of the contract

 

(1) The provider’s product presentations on the internet are non-binding and do not constitute a binding offer to conclude a contract.

 

(2) The customer may submit a binding offer to purchase (order) through the online shopping cart system.

The goods intended for purchase are placed in the ‘shopping cart’. The customer can access the ‘shopping cart’ using the corresponding button in the navigation bar and make changes there at any time. After opening the ‘checkout’ page and entering personal details and the payment and shipping terms, all order details are displayed again on the order overview page for a final review.

If the customer uses the ‘PayPal – Express’ instant payment system by clicking the ‘PayPal-Express’ button integrated into the shop system, they are redirected to the PayPal login page. After successful login, the customer is shown the address and account details stored with PayPal. The ‘continue’ button takes the customer back to the order overview page in the provider’s online shop. Before submitting the order, the customer can review all information again, change it (including by using the internet browser’s ‘back’ function) or cancel the purchase.

By submitting the order using the ‘place order with obligation to pay’ button, the customer makes a binding offer to the provider.

The customer initially receives an automated email acknowledging receipt of the order; this does not yet result in the conclusion of the contract.

 

(3) Acceptance of the offer (and thus conclusion of the contract) occurs either through confirmation in text form (for example by email) confirming to the customer that the order is being processed or the goods dispatched, or by sending the goods. If the customer has not received an order confirmation, notification of dispatch or the goods within 5 days, they are no longer bound by the order. Any performance already rendered will be refunded without delay in this case.

 

(4) Customer enquiries submitted to the provider for individual quotations outside the online shopping cart system are non-binding for the customer. The provider submits a binding offer to the customer in text form (for example by email), which the customer may accept within 5 days.

 

(5) Order processing and the transmission of all information required in connection with the conclusion of the contract take place by email, in some cases automatically. The customer must therefore ensure that the email address provided to the provider is correct and that emails can be received technically, in particular without being blocked by spam filters.

 

§ 4 Prices and shipping costs

 

(1) The prices quoted in the respective offers and the shipping costs are final prices. They include all price components, including all applicable taxes.

 

If delivery is made to a country outside the EU, the customer may have to pay additional customs duties, taxes or fees, not to the provider but to the relevant customs or tax authorities in that country. The customer is advised to enquire about the details with the customs or tax authorities before placing an order.

 

VAT refunds for goods subsequently exported to non-EU countries will only be paid if the refund amount is at least €40. For this purpose, we must have, or be sent, the original export invoice

 

bearing the original stamp of the customs authorities. A valid bank account with IBAN and BIC must also be provided to us for the refund of the tax amounts.

 

(2) Shipping costs incurred are not included in the purchase price. They can be accessed on the ‘Payment and Shipping’ page, are shown separately during the ordering process and must be paid by the customer in addition, unless free shipping has been promised.

 

(3) If the transport company returns the dispatched goods to the seller because delivery to the customer was not possible, the customer bears the costs of the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that prevented delivery, or if they were temporarily prevented from accepting the offered performance, unless the seller had notified them of the performance a reasonable time in advance.

 

(4) The customer receives an invoice showing VAT separately.

 

§ 5 Payment and shipping terms

 

(1) The payment and shipping terms can be found under the button of the same name in the navigation.

 

 

(2) Unless otherwise specified for the individual payment methods, payment claims arising from the concluded contract are due immediately.

 

(3) If a product ordered by the customer is unexpectedly unavailable, despite the timely conclusion of an appropriate covering transaction, for reasons for which the provider is not responsible, the customer will be informed of the unavailability without delay and, in the event of withdrawal from the contract, any payments already made will be refunded without delay.

 

 

(4) For consumers, the law provides that the risk of accidental loss and accidental deterioration of the goods sold during shipment passes only when the goods are handed over to the customer, regardless of whether the shipment is insured or uninsured.

 

§ 6 Shipping costs and return shipping costs when exercising the right of withdrawal

 

When consumers exercise the right of withdrawal, the statutory provisions on distance contracts apply. The buyer bears the return shipping costs for the goods delivered, unless the goods delivered do not correspond to those ordered.

 

For purchases of €150.00 or more, outbound shipping within Germany is free. If the customer exercises their right of withdrawal in whole or in part, the normal flat-rate shipping charge becomes payable retrospectively. The rules on returns and the respective obligation to bear costs are unaffected by this.

 

As a special service for customers with a German delivery address, we offer returns at the seller’s expense on the condition that the order value remaining after the items are returned exceeds €300. To use this service, request a prepaid parcel label by email at info@hps-sport-shop.de.

 

Tennis racquets / ice hockey sticks

Two conditions apply to the return of tennis racquets:

 

The plastic wrapping around the grip / shaft has not been removed.

The tennis racquet has not been used. There is no tennis ball fluff on the strings or scratching on the frame.

Clothing

 

Clothing can only be returned unwashed, unworn and clean. The original labels must still be attached to the clothing.

Clothing that has already been worn or washed, or that is soiled (for example with make-up, dirt or similar), cannot be returned and can no longer be exchanged.

Shoes / ice skates / inline skates

Two conditions apply to the return of shoes:

 

The shoes must be NEW, must not have been worn outside the home and must show no signs of use.

If you wish to return NEW, UNWORN shoes for an exchange or refund, the shoe box must not be damaged. We cannot resell shoes without the original shoe box.

Services already performed, such as sharpening ice skates, cannot also be refunded when the ice skates are returned.

 

 

§ 7 Right of retention and retention of title

 

(1) The customer may exercise a right of retention only insofar as the claims arise from the same contractual relationship.

 

(2) The goods remain the property of the provider until the purchase price has been paid in full.

 

§ 8 Warranty

 

(1) The statutory provisions apply.

 

(2) As a consumer, the customer is asked to check the goods upon delivery without delay for completeness, obvious defects and damage in transit, and to notify the provider and the carrier of any complaints as soon as possible. Failure to do so has no effect on the statutory warranty claims.

 

§ 9 Liability

 

(1) The provider is liable without limitation in each case for damage arising from injury to life, body or health; in all cases of intent or gross negligence; in cases of fraudulent concealment of a defect; where a guarantee for the quality of the purchased item has been assumed; for damage under the German Product Liability Act; and in all other cases provided for by law.

 

(2) Where essential contractual obligations are affected, the provider’s liability for slight negligence is limited to the foreseeable damage typical of the contract. Essential contractual obligations are essential obligations arising from the nature of the contract whose breach would jeopardise the achievement of the contract’s purpose, and obligations imposed on the provider by the content of the contract to achieve that purpose, the fulfilment of which makes the proper performance of the contract possible in the first place and on compliance with which the customer may regularly rely.

 

(3) In the event of a breach of non-essential contractual obligations, liability for breaches of duty involving slight negligence is excluded.

 

(4) At the current state of technology, data communication over the internet cannot be guaranteed to be error-free and/or available at all times. In this respect, the provider is not liable for the permanent or uninterrupted availability of the website and the services offered there.

 

§ 10 Choice of law, place of performance and jurisdiction

 

(1) German law applies. For consumers, this choice of law applies only insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence (principle of applying the more favourable provisions).

 

(2) The place of performance for all services arising from the business relationships with the provider, and the place of jurisdiction, is the provider’s registered place of business if the customer is not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if the customer has no general place of jurisdiction in Germany or the EU, or if their domicile or habitual residence is not known at the time proceedings are brought. The right to bring proceedings before a court at another statutory place of jurisdiction remains unaffected.

 

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.

 

We are not obliged to participate in dispute resolution proceedings before a consumer arbitration board and do not participate in such proceedings.