General terms and conditions (GTC)
The following terms and conditions apply to all orders, particularly via our online-shop, by consumers and entrepreneurs.
A consumer is any natural person who enters into a legal transaction for purposes which can’t be attributed primarily to either its commercial or freelance occupation. An entrepreneur is a natural or legal person or an incorporated partnership, who is acting in exercise of its commercial or freelance occupation when a legal transaction is concluded.
These terms and conditions apply also to future business relations with entrepreneurs, without the necessity to reference them again. If the entrepreneur uses opposing or supplementary general terms and conditions, its validity is hereby contradicted; It will only become part of the contract if we have expressly consented to it.
2. Contract partners and conclusion of contract
The purchase contract is concluded with a.m.sports GmbH.
The presentation of the products in the online-shop is not a legally binding offer, but a non-binding online catalog. You can initially place our products without obligation into the shopping cart and correct your entries before sending your binding order at any time by using the designated and explained correction aids in the order process. By clicking the order button, you place a binding order of the goods contained in the shopping cart. The confirmation of the receipt of your order is made by e-mail immediately after sending the order.
When the contract is concluded with us depends on the payment option you have chosen:
Payment in advance
We accept your order by sending a declaration of acceptance in a separate e-mail within two days, in which we will give you our bank details. This concludes the contract with us.
Payment via Paypal
Via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal") we offer you various payment options. After placing the order, you will be redirected to the website of our payment provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, The Netherlands (hereinafter referred to as "Mollie"). Here you can enter your payment details and confirm the payment order to PayPal. This concludes the contract with us.
Payment by credit card
You can also pay with all major credit cards via our payment provider Mollie. After placing the order, you will be forwarded to Mollie's website and, if applicable, to your credit card provider. Here you can enter your payment details and confirm the payment order. This concludes the contract with us.
Payment via Giropay
Via the payment service provider paydirekt GmbH, Stephanstr. 14-16, 60313 Frankfurt am Main, Germany (hereinafter referred to as "Giropay") you can use the joint online payment process of the German banks and savings banks. After placing your order, you will be redirected to Mollie's website. Here you can enter your payment details and confirm the payment order to Giropay. This concludes the contract with us.
Payment via Klarna Sofortüberweisung
Via the payment service provider Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter called "Klarna") you can use the payment method Sofortüberweisung. After placing your order, you will be redirected to Mollie's website. Here you can enter your payment details and confirm the payment order to Klarna. This concludes the contract with us.
Payment by Klarna invoice
You can also select the payment method invoice via the payment service provider Klarna. After placing your order, you will be redirected to Mollie's website. Here you can enter your payment details and confirm the payment order to Klarna. This concludes the contract with us.
Payment by Klarna installment payment
We also offer you payment in installments via the payment service provider Klarna. After placing your order, you will be redirected to Mollie's website. Here you can enter your payment details and confirm the payment order to Klarna. This creates the contract with us.
3. Contract language and contract retention
The languages available for the contract are german and english.
You can view and download the terms and conditions and the cancellation policy at any time on this website. You can view your past orders in our customer login.
4. Terms of delivery
In addition to the stated product prices, shipping costs may also be added.
We do not deliver to packing stations.
5. PaymentVarious payment options are available to you in our online shop. Online data transmission is SSL-encrypted.
Pursuant to § 286 (3) BGB, you are in arrears 30 days after the due date of the purchase price. For each reminder we charge a flat fee of 5 €. You are still obliged to prove that a.m.sports GmbH has incurred lower or no expenses for the reminder. Further claims of a.m.sports GmbH, in particular claims for damages and claims for default interest, shall remain unaffected.
In the case of the ordering of testequipment in the online-shop, we offer you the possibility to test selected products free of charge within a period of 14 days from receipt of the goods.
You can send us a binding order to purchase the products you have received during this period. We accept your purchase order by sending an acceptance declaration in separate e-mail within two days.
If you do not wish to purchase the products, please send them back at the end of the period by use of the return label issued by us. Timely sending is enough to keep the deadline.
In case of non-purchase of testequipment, you undertake to send them completely, in their original condition unhurt and without damage in the original purchase packaging together with any accessories / instructions / etc. back. If these conditions are not complied with, we can demand the loss of value as far as this is due to the handling of the testequipment, which was not necessary for the examination of the consistence, the characteristics and the functioning.
We reserve the right to accept the order of testequipment only from certain customers or to demand additional securities.
7. Reservation of ownership
The goods remain our property until full payment.
For entrepreneurs, the following applies in addition: We reserve the right of ownership of the goods until full settlement of all claims arising from a current business relationship. You may resell the reserved goods in ordinary business; you will assign all claims resulting from this resale - irrespective of the connection or mixing of the reserved goods with a new item – on high of the invoice amount; we accept this assignment. You remain authorized to collect the receivables, but we may also collect claims ourselves, insofar as you fail to meet your payment obligations.
8. Transport damage
For consumers, the following applies:
If goods are delivered with obvious transport damage, please report such errors to the delivery company as soon as possible and contact us immediately. The failure of a complaint or contact has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, you help us to assert our own claims against the freight carrier or the transport insurance.
For entrepreneurs, the following applies:
The risk of accidental loss and accidental deterioration will pass to you as soon as we have delivered the goods to the freight forwarder, freight carrier or the person or institution who is otherwise destined to carry out the dispatch. Among merchants, the obligation to investigate and to notify the seller is governed by § 377 HGB. If you fail to comply the annunciation regulated there, the goods shall be deemed to be approved, unless this is a defect that was not apparent during the inspection. This does not apply if we have fraudulently concealed a defect.
9. Warranty and Guarantees
Unless otherwise expressly agreed in the following, the law of warranty for defects shall apply. For consumers, the limitation period for claims for defects for used items is one year from delivery of the goods. For entrepreneurs, the limitation period for claims for defects shall be one year from the passing of risk; the legal limitation periods for recourse action pursuant to § 478 BGB shall remain unaffected.
As an agreement on the quality of the goods, only our own data and the product descriptions included in the contract are valid. We do not assume any liability for public statements by third parties or other advertising announcements. If the delivered item is defective, we provide to the entrepreneur on our initial choice a guarantee by remedying the defect (rectification) or by delivering a defect-free item (replacement delivery).
The above limitations and deadline reductions do not apply to claims due to damages caused by us, our legal representatives or servants
- in case of injury to life, body or health,
- in case of intentional or grossly negligent breach of duty as well as fraudulent intent,
- in case of violation of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance with which the contractual partner may regularly rely (cardinal obligations),
- within the scope of a guarantee promise, if agreed, and
- insofar as the scope of application of the Product Liability Act is opened.
Information about any applicable additional warranties and their exact terms can be found on the product or on special information pages in the online-shop.
We are always liable without limitation for claims due to damages caused by us, our legal representatives or servants
in case of injury to life, body or health,
in case of intentional or grossly negligent breach of duty,
in case of warranty, if agreed, or
as long as the scope of the product liability act is in force.
In the event of a breach of essential contractual obligations, which enable basically the proper implementation of the contract, and which the contractual partner may regularly rely on (cardinal obligations) by slight negligence of us, our legal representatives or servants, the liability shall depend on the foreseeable liability damage that is typically expected to occur. Furthermore, claims for damages are excluded.
11. Consumer dispute resolution according to § 36 VSBG
The European Commission has installed a platform for online settlement of disputes. You will reach it under: http://ec.europa.eu/consumers/odr. Consumers can use the platform for settlement of their disputes. We are not legally obliged in participation at a settlement of dispute by a consumer conciliation committee and will try to reach an agreement in a different way.
12. Final clause
If you are an entrepreneur, german law applies with the exclusion of the UN purchase law.
If you are a merchant within the meaning of the german commercial law, a legal person governed by public law or a public special fund, our exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our business location.
These GTC are valid as of July 31, 2023