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Terms of Service

the sportstation GmbH, Säftgenriede 3a, 38518 Gifhorn

1. Exclusive Validity and Written Form

1.1 These General Terms and Conditions (GTC) apply exclusively to all business relationships between the sportstation GmbH, Säftgenriede 3a, 38518 Gifhorn and its customers. These terms and conditions do not apply to consumers (§ 13 BGB). Conflicting or deviating conditions only apply with express written consent, even if we carry out the delivery without reservation in the knowledge of deviating conditions.

1.2 With the conclusion of the contract, the customer also accepts our terms and conditions for similar future transactions.

1.3 Individual agreements made with the customer in individual cases (including ancillary agreements, additions and changes) always take precedence over these GTC. Subject to proof to the contrary, a written contract or our written confirmation is decisive for the content of such agreements.

1.4 Written form is required for all contractual agreements. Legally relevant declarations and notifications by the customer in relation to the contract (e.g. setting a deadline, notification of defects, withdrawal or reduction) must be made in writing, ie in written or text form (e.g. letter, e-mail, fax). Statutory formal requirements and other evidence, especially in the case of doubts about the legitimacy of the declarant, remain unaffected.

1.5 The language available for the conclusion of the contract is German.

1.6 Input errors can be corrected directly in the order form.

2. Offers - ancillary work - content of the contract - offer documents

2.1 Our offers are subject to change and non-binding. This also applies if we have provided the customer with catalogues, technical documentation (e.g. drawings, plans, calculations, references to DIN standards), other product descriptions or documents - also in electronic form - to which we have ownership rights and copyrights Reserved.

2.2 The ordering of the goods by the customer is considered a binding contract offer. Unless otherwise stated in the order, we are entitled to accept this contract offer within 14 days of receipt.

2.3 Acceptance can be declared either in writing (e.g. by order confirmation) or by delivery of the goods to the customer.

3. Retention of Title

3.1 We reserve ownership of the goods sold until all our current and future claims from the purchase contract and an ongoing business relationship (secured claims) have been paid in full.

3.2 The goods subject to retention of title may not be pledged to third parties or assigned as security before the secured claims have been paid in full. The customer must inform us immediately in writing if an application is made to open insolvency proceedings or if third parties seize the goods belonging to us (e.g. attachments).

3.3 If the customer acts in breach of contract, in particular if the purchase price is not paid, we are entitled to withdraw from the contract in accordance with the statutory provisions and/or to demand the return of the goods on the basis of the retention of title. The demand for return does not include a declaration of withdrawal; on the contrary, we are entitled to only demand the return of the goods and to reserve the right to withdraw from the contract. If the customer does not pay the purchase price due, we may only assert these rights if we have previously unsuccessfully set the customer a reasonable deadline for payment or setting such a deadline is unnecessary under statutory provisions.

4. Prices

4.1 Our prices apply to free delivery including packaging. in the euro currency plus VAT at the applicable rate on the day of invoicing.

4.2 Any customs duties, fees, taxes and other public charges are borne by the customer.

4.3 The purchase price is due and payable within 7 days of the invoice date. We are entitled at any time, even within the framework of an ongoing business relationship, to carry out a delivery in whole or in part only against advance payment.

4.4 The customer is in default when the above payment deadline expires. Interest is to be paid on the purchase price during the delay at the applicable statutory default interest rate. We reserve the right to assert further damage caused by delay. Our claim to the commercial maturity interest (§ 353 HGB) remains unaffected in relation to merchants.

4.5 The customer is only entitled to set-off or retention rights insofar as his claim has been legally established or is undisputed. In the event of defects in the delivery, the counterclaims of the customer remain unaffected.

4.6 If, after conclusion of the contract, it becomes apparent (e.g. through an application for the opening of insolvency proceedings) that our claim to the purchase price is jeopardized by the customer's inability to pay, we are entitled to refuse performance in accordance with the statutory provisions and - if necessary after setting a deadline - to withdraw from the contract entitled (§ 321 BGB).

4.7 In the event of cost increases for which we are not responsible (e.g. wage and raw material costs, transport costs) and agreed delivery 6 weeks after conclusion of the contract, we are entitled to adjust the price according to the increased costs.

5. Delivery, delivery times

5.1 The delivery period is agreed individually or specified by us when accepting the order. If this is not the case, the delivery period is approx. 4 weeks from the conclusion of the contract

5.2 Deliveries to packing stations are not possible.

5.3 If we are unable to meet binding delivery deadlines for reasons for which we are not responsible (non-availability of the service), we will inform the customer of this immediately and at the same time communicate the expected new delivery deadline. If the service is also not available within the new delivery period, we are entitled to withdraw from the contract in whole or in part; we will immediately refund any consideration already provided by the customer. A case of non-availability of the service in this sense is, in particular, failure to receive delivery from our suppliers in good time if we have concluded a congruent hedging transaction, neither we nor our suppliers are at fault or we are not obliged to procure in individual cases.

6. Place of performance, transfer of risk, default of acceptance

6.1 Delivery is ex warehouse, which is also the place of performance for delivery and any supplementary performance. At the request of the customer, the goods will be sent to another destination (sales by mail). Unless otherwise agreed, we are entitled to determine the type of shipment (in particular transport company, shipping route, packaging) ourselves.

6.2 The risk of accidental loss and accidental deterioration of the goods is transferred to the customer at the latest when the goods are handed over. In the case of mail-order sales, however, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay is already transferred when the goods are delivered to the forwarding agent, carrier or other person or institution responsible for carrying out the shipment. If acceptance has been agreed, this is decisive for the transfer of risk. For the rest, the statutory provisions of the law on contracts for work and services apply accordingly to an agreed acceptance. The handover or acceptance is the same if the customer is in default of acceptance.

6.3 If the customer is in default of acceptance, fails to cooperate or if our delivery is delayed for other reasons for which the customer is responsible, we are entitled to demand compensation for the resulting damage, including additional expenses (e.g. storage costs). For this we charge a lump-sum compensation of 0.5% of the invoice amount per calendar month, starting with the delivery period or - in the absence of a delivery period - with the notification that the goods are ready for dispatch.

Evidence of greater damage and our legal claims (in particular reimbursement of additional expenses, reasonable compensation, termination) remain unaffected; however, the lump sum is to be offset against further monetary claims. The customer is entitled to prove that we have suffered no damage at all or only a significantly lower damage than the above flat rate.

7. Partial services - additional and reduced services

7.1 We are entitled to make partial deliveries and to invoice them separately.

7.2 If we take back goods carriage paid, we can either demand reimbursement of the costs of taking back the goods or compensation for non-performance of at least 20% of the net invoice value. Proof of higher or lower damage is permissible.

8. Warranty Claims

8.1 The statutory provisions shall apply to the rights of the customer in the event of material defects and defects of title (including incorrect and short deliveries as well as improper assembly or defective assembly instructions), unless otherwise specified below.

8.2 Our liability for defects is primarily based on the agreement made on the quality of the goods. All product descriptions that are the subject of the individual contract or that have been made public by us (in particular in catalogs or on our Internet homepage) are deemed to be an agreement on the quality of the goods.

8.3 Insofar as the quality has not been agreed, the legal regulation must be used to assess whether there is a defect or not (§ 434 Para. 1 Sentence 2 and 3 BGB). However, we assume no liability for public statements by third parties.

8.4 The customer's claims for defects presuppose that he has complied with his statutory inspection and notification obligations (§§ 377, 381 HGB). If a defect becomes apparent upon delivery, inspection or at any later point in time, we must be notified of this in writing without delay. In any case, obvious defects must be reported in writing within 8 working days of delivery and defects that cannot be identified during the inspection must be reported in writing within the same period of time from discovery. If the customer fails to carry out the proper inspection and/or notification of defects, our liability for the defect that is not reported or not reported in a timely manner or not properly is excluded in accordance with the statutory provisions.

8.5 If the delivered item is defective, we can initially choose whether to provide supplementary performance by eliminating the defect (rectification) or by delivering a defect-free item (replacement delivery). Our right to refuse supplementary performance under the statutory requirements remains unaffected.

8.6 We are entitled to make the supplementary performance owed dependent on the customer paying the purchase price due. However, the customer is entitled to retain a part of the purchase price that is reasonable in relation to the defect.

8.7 The customer must give us the time and opportunity required for the supplementary performance owed, in particular to hand over the goods complained about for inspection purposes. In the case of a replacement delivery, the customer must return the defective item to us in accordance with the statutory provisions. Subsequent performance includes neither the removal of the defective item nor the reinstallation if we were not originally obliged to install it.

8.8 We shall bear the expenses required for the purpose of testing and supplementary performance, in particular transport, travel, labor and material costs (not: removal and installation costs), if there is actually a defect. Otherwise, we can demand reimbursement from the customer for the costs incurred from the unjustified request for rectification of defects (in particular inspection and transport costs), unless the customer was not aware of the lack of defectiveness.

8.9 If the supplementary performance has failed or a reasonable period of time to be set by the customer for the supplementary performance has expired without success or is unnecessary according to the statutory provisions, the customer can withdraw from the purchase contract or reduce the purchase price. In a minor defect, however, there is no right of withdrawal.

8.10 Claims by the customer for damages or reimbursement of wasted expenses exist only in accordance with Section 9, even in the case of defects, and are otherwise excluded.

9. Special provisions for the event area

9.1 Unless otherwise agreed, the occurrence of a success in the context of events is only owed within the scope of the service description. With regard to the artistic performances and the intended purpose of the event, we only owe an effort. Official registrations and approvals as well as fees - for example GEMA, performance or reproduction rights - are the responsibility of the customer.

9.2 The customer can withdraw from the event contract at any time in writing. In this case, he is obliged, provided that we are not responsible for the reason for withdrawal, to compensate us for the damage incurred and the loss of profit. For simplification, this is flat-rate as follows:

in the event of cancellation up to 90 days before the start of the event: 50% of the contractually agreed total price

in the event of cancellation up to 60 days before the start of the event: 60% of the contractually agreed total price

in the event of cancellation up to 40 days before the start of the event: 80% of the contractually agreed total price

in the event of cancellation up to 30 days before the start of the event: 100% of the contractually agreed total price

The customer is free to prove that the damage incurred and the loss of profit were lower than the above flat rates.

9.3 If the event does not take place for reasons for which we (or one of our vicarious agents) are not responsible, the customer's payment obligation remains unaffected.

a) The customer bears the general weather risk.

b) Force majeure, "force majeure" means extraordinary events that occur through no fault of one's own (outside the company) and cannot be prevented according to the situation of those affected (e.g. natural disasters, terrorist attacks or a pandemic). In the event of force majeure, there is no claim for compensation or claims for damages against the customer.

If a) or b) occurs, we will alternatively offer a new event date with the same services at the same location or in the immediate vicinity as a gesture of goodwill. If the alternative date is not accepted, there are no further liability or damage claims against us.

9.4 We are entitled to change the agreed event services in the event of the absence of artists or other extraordinary procurement difficulties, provided that this does not adversely affect the value of the originally agreed service compared to the changed service and this is done to the customer in good faith, taking into account his interests is reasonable. In this case, we will inform the customer about the changes immediately.

10. Other Liability

10.1 Unless otherwise stated in these General Terms and Conditions, including the following provisions, we shall be liable in accordance with the statutory provisions in the event of a breach of contractual and non-contractual obligations.

10.2 We are liable for damages – for whatever legal reason – within the scope of fault-based liability in the event of intent and gross negligence. In the case of simple negligence, we are only liable subject to a milder standard of liability according to statutory provisions (e.g. for diligence in our own affairs).

a) for damage resulting from injury to life, limb or health,

b) for damages resulting from the not inconsiderable breach of an essential contractual obligation (obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner regularly relies and may rely); in this case, however, our liability is limited to compensation for the foreseeable, typically occurring damage.

10.3 The limitations of liability resulting from 10.2 also apply to breaches of duty by or in favor of persons whose fault we are responsible for according to statutory provisions. They do not apply if we have fraudulently concealed a defect or have assumed a guarantee for the quality of the goods and for customer claims under the Product Liability Act.

10.4 Due to a breach of duty that does not consist of a defect, the customer can only withdraw or terminate if we are responsible for the breach of duty. A free right of termination of the customer (in particular according to §§ 651, 649 BGB) is excluded. Otherwise, the statutory requirements and legal consequences apply.

11. Statute of Limitations

11.1 Contrary to Section 438 Paragraph 1 No. 3 BGB, the general limitation period for claims arising from material and legal defects is one year from delivery. If acceptance has been agreed, the limitation period begins with acceptance.

11.2 However, if the goods are a building or an item that has been used for a building in accordance with its normal use and has caused its defectiveness (building material), the limitation period is 5 years from delivery in accordance with the statutory regulation (§ 438 Para 1 No. 2 BGB). Other special statutory regulations on the statute of limitations (in particular § 438 Paragraph 1 No. 1, Paragraph 3, §§ 444, 47971 BGB) also remain unaffected.

11.3 The above limitation periods of sales law also apply to contractual and non-contractual claims for damages by the customer based on a defect in the goods, unless the application of the regular statutory limitation period (§§ 195, 199 BGB) would lead to a shorter limitation period in individual cases. Claims for damages by the customer according to § 8 paragraph 2 sentence 1 and sentence 2(a) as well as according to the Product Liability Act lapse exclusively according to the statutory limitation periods.

12. Place of Performance - Place of Jurisdiction - Applicable Law

12.1 The place of performance for all obligations arising from the contractual relationship is our place of business. If the buyer is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive – also international – place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is the Munich District Court. However, we are also entitled to sue the customer at the court responsible for his place of business. Overriding legal regulations, in particular regarding exclusive responsibilities, remain unaffected.

12.2 The contractual relationship is subject to the law of the Federal Republic of Germany to the exclusion of uniform international law, in particular the UN Sales Convention.

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