GENERAL TERMS AND CONDITIONS OF SALE AND DELIVERY OF SPORT IMPORT GMBH
§ 1 General, Scope of Application
(1) These General Terms and Conditions of Sale and Delivery („GTCS“) apply to the sale of our products to our customer („Customer“). They shall also apply to all future sales and deliveries to the Customer, even if they are not separately agreed again.
(2) Our entire offer is aimed exclusively at entrepreneurs within the meaning of sec 14 para 1 BGB. The customer confirms that he is acting as an entrepreneur in this sense.
(3) Individual agreements, e.g. in offers prepared by us, shall take precedence over these general terms and conditions (sec 305b BGB). The Customer‘s terms and conditions shall not apply and shall not become part of the contract, even if their validity is not separately in individual cases objected to.
§ 2 Conclusion of the Contract
(1) Contracts are concluded on the basis of customer orders and our order confirmation via our web shop or by other means of communication. In the absence of an order confirmation, delivery of the goods shall also be deemed acceptance of the customer‘s order.
(2) Contracts concluded in accordance with paragraph 1 are binding and unilateral cancellations are excluded. Should we agree a cancellation with the customer, a cancellation fee of 15 percent of the order value shall be due.
§ 3 Goods, Purchase Price, Terms of Payment
(1) The goods, scope of services, purchase price and terms of payment are set out in our order confirmation.
(2) If it becomes apparent after conclusion of the contract (e.g. through an application to open insolvency proceedings) that our claim for the purchase price is jeopardised by the customer‘s inability to pay, we shall be entitled to refuse performance in accordance with the statutory provisions and - if necessary after setting a deadline - to withdraw from the contract.
(3) The Customer shall only be entitled to set-off or retention rights to the extent that his claim has been legally established or is undisputed.
(4) Resale to customers outside the territory of the European Economic Area and Switzerland and the United Kingdom is prohibited. The customer shall indemnify us against all claims, liabilities, damages (direct, indirect, incidental or consequential damages), including loss of profit, and other losses in connection with violations of the resale restriction in phrase 1.
§ 4 Terms of Delivery
(1) The delivery date results from our order confirmation. Unless the delivery date is expressly stated as binding, it is an approximate delivery date.
(2) If we are unable to meet binding delivery deadlines for reasons for which we are not responsible (non-availability of the service), we shall inform the customer of this immediately. At the same time, we shall inform the customer of the expected new delivery period. If the service is still not available within the new delivery period, we shall be entitled to withdraw from the contract in whole or in part. We shall immediately reimburse any payment already made by the customer. Non-availability of the service comprises, for example, the event of late delivery by our suppliers, if we have concluded a congruent hedging transaction, in the event of other disruptions in the supply chain, for example due to force majeure or if we are not obliged to procure in individual cases.
(3) Delivery shall be made in accordance with the Incoterms clause specified in our order confirmation. In the absence of an Incoterms clause, delivery shall be EXW Edewecht Incoterms 2020.
(4) 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 shall be entitled to compensation for the resulting damage including additional expenses (demand storage costs). For this purpose, we shall charge a flatrate compensation of 0.5 per cent of the net value of the goods per week of default of acceptanceup to a maximum total of 5 per cent, beginning with the delivery date or - in the absence of a delivery date - with the notification that the goods are ready for dispatch.
(5) Proof of higher damages and our statutory claims (in particular reimbursement of additional expenses, reasonable compensation, cancellation) shall remain unaffected; however, the lump sum shall be offset against further monetary claims. The Customer shall be entitled to prove that we have suffered no loss at all or only a significantly lower loss than the above lump sum.
§ 5 Retention of Title
(1) The products shall remain our property until full payment has been made.
(2) Our Customers are authorised to resell the products subject to retention of title in the ordinary course of business. However, they may not pledge the products subject to retention of title or assign them as a security. In this case, our Customer hereby assigns to us all claims arising from such a resale in the amount of the invoice value of our claim, regardless of whether this takes place before or after any processing of the products delivered under retention of title. We accept this assignment. Irrespective of our authority to collect the claim ourselves, our customers shall remain authorised to collect the claim even after the assignment. In this context, we undertake not to collect the claim ourselves as long as and insofar as our Customer fulfil their payment obligations, no application for the opening of insolvency or similar proceedings has been filed and there is no suspension of payments. Insofar as the abovementioned securities exceed the claims to be secured by more than 10 per cent, we are obliged to release the securities at our discretion at the customer‘s request.
§ 6 Claims for Defects
(1) The statutory provisions shall apply to the customer‘s rights in the event of material defects and defects of title, unless otherwise specified below.
(2) The basis of our liability for defects is the agreement reached on the quality and intended use of the goods (including accessories and instructions). All product descriptions and manufacturer‘s specifications which are the subject of the individual contract or which were made public by us (in particular in product lists or on our Internet homepage) at the time of conclusion of the contract shall be deemed to be an agreement on quality in this sense. Insofar as the quality has not been agreed, it shall be assessed in accordance with the statutory provisions whether a defect exists or not.
(3) In principle, we shall not be liable for defects that the Customer is aware of or is grossly negligent in not being aware of when the contract is concluded. Furthermore, the Customer‘s claims for defects presuppose that he has complied with his statutory inspection and notification obligations. Notification must be made immediately, at the latest within seven days of receipt of the products.
(4) If the delivered product is defective, we may initially choose whether to provide subsequent fulfilment by remedying the defect (rectification) or by delivering a defect-free product (replacement delivery). If the type of subsequent fulfilment chosen by us is unreasonable for the customer in the individual case, the customer may reject it. Our right to refuse subsequent fulfilment under the statutory conditions remains unaffected.
(5) We are entitled to make the subsequent fulfilment owed dependent on the customer paying the purchase price due. However, the Customer shall be entitled to retain a reasonable part of the purchase price in proportion to the defect.
(6) The Customer must grant us the time and opportunity required for the subsequent fulfilment owed, in particular to hand over the rejected products for inspection purposes. In the event of a replacement delivery, the Customer shall return the defective product to us at our request in accordance with the statutory provisions; however, the Customer shall not be entitled to return the product. Subsequent fulfilment shall not include the removal, dismantling or disassembly of the defective item or the installation, attachment or assembly of a defect-free product if we were not originally obliged to perform these services; the customer‘s claims for reimbursement of corresponding costs („dismantling and assembly costs“) shall remain unaffected.
(7) We shall bear or reimburse the expenses necessary for the purpose of inspection and subsequent performance, in particular transport, travel, labour and material costs and, if applicable, dis-mantling and installation costs, in accordance with the statutory provisions and these GTCS, if a defect actually exists. Otherwise, we may demand reimbursement of the costs arising from the unjustified request to remedy the defect from the Customer if the Customer knew or was negligently unaware that there was in fact no defect.
(8) Claims of the Customer for damages or reim-bursement of futile expenses shall only exist in accordance with Section 7, even in the case of defects, and are otherwise excluded.
(9) All warranty claims shall become time-barred within one year from the start of the statutory limitation period.
§ 7 Limitation of liability and limitations of liability
(1) Our liability for simple negligence is excluded. Our liability is also limited to the typically foreseeable damage.
(2) The limitations and restrictions of liability according to paragraph 1 shall not apply a) in the event of injury to life, limb or health; b) in the event of a breach of obligations, the fulfilment of which is essential for the proper performance of the agreement and on the fulfilment of which the customer regularly relies and is likely to rely (cardinal obligations); c) insofar as we have assumed a guarantee (sec 443 para 2 BGB).
(3) The provisions of the Product Liability Act shall remain unaffected.
§ 8 Final provisions
(1) Should one or more provisions of these GTCS be or become invalid, the remaining provisions shall nevertheless apply. The invalid or void provision shall be replaced by a provision that the parties would have agreed upon had they been aware of the defect in order to achieve the same economic result.
(2) The GTCS and the entire legal relationship between us and our customers shall be governed by German law (including the UN Convention on Contracts for the International Sale of Goods, if applicable). The place of fulfilment and place of jurisdiction for all disputes arising from this contract is our registered office, whereby we may also take legal action against customers at other places of jurisdiction if these are available under the applicable law. Exclusive jurisdictions remain unaffected by this agreement on jurisdiction.
Status: 10/07/2025
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