Terms and Conditions
1. Scope of application; Contract language; Contract storage
These terms and conditions apply - in their version which is valid at the moment of each conclusion of contract - to all contracts which are concluded between Anton Forster,
trading under the firm Hockey Shop Forster, Am Bornheimer Hang 4, 60386 Frankfurt, hereinafter "provider", and the customer via the online shop www.hockeysport.forster.de.
Verbal agreements have not been concluded with the customer. In individual cases the customer may deliver counter evidence. The terms and conditions can be viewed at any time on the website of the provider (www.hockeyshop-forster.de/de/Unsere-AGB.html ).
The contract language is English.
The contract will be stored after the conclusion of the contract by the provider and can be requested at any time by the customer. The customer is advised to print and/or store a supplementary and permanent copy of the text of this contract for himself.
2. Subject matter of the contract; Conclusion of the contract
The subject matter of the contract is the sale of goods. The details, in particular the essential characteristics of the goods and the relevant modalities of execution, are provided in the description of each item, the following terms and conditions as well as the supplementary indications under the heading “shipping and payment” in the internet shop of the provider.
The customer can select products from the assortment of goods of the provider and transfer those products by clicking on the button "Add to cart" into a virtual shopping cart. There, the customer has the opportunity to confirm and – if necessary – correct his choice. By clicking the button "Checkout" he continues the order process. In the next step, the customer will be asked to login via an existing account or to create a new account. After entering, respectively controlling or modifying, his billing or delivery address as well as the chosen method of payment he arrives on a summary page that lists all the items ordered and contains all the information entered by him. If the customer clicks on this summary page on the button "order liable to pay" he submits a binding offer to buy the items in the shopping cart. Before submitting the offer, the customer can at any time return to the previous steps in the order process and review and – if necessary correct – the given data by clicking on the buttons provided for this purpose ("Edit").
The customer can submit his offer to buy the items in the shopping cart only if he accepts the present terms and conditions by ticking the check mark “I have read and accepted the terms and conditions” on the summary page. Before submitting the order, it is also necessary that the customer ticks the check mark "I have read the information about my right of revocation and the data privacy statement".
After receiving the customer’s offer the provider sends to the customer’s deposited email address an automatic confirmation message in which the essential characteristics of the order, as well as the present terms and conditions and other key data will be listed again. The automatic confirmation message only documents that the customer's request is received by the provider. It does not constitute an acceptance of the customer’s offer.
The contract is only concluded by an explicit declaration of acceptance of the provider, which will be sent in a separate email to the customer within 3 working days after the receipt of his offer.
3. Prices, Payment process
The purchase prices listed in the respective offers are quoted in Euros and are final. They include all price components including all applicable taxes. For every purchase the prices that are displayed in the provider’s internet shop at the moment of each order are applicable. The possibility to correct obvious errors is reserved for the provider.
Delivery and shipping costs are not included in the purchase prices and must be paid separately by the customer. Their amount is fixed under the heading "Shipping Costs" in the internet shop of the provider, which is additionally linked next to each pricemark in the internet shop of the provider.
The customer can choose between the following payment methods:
- credit card
- debit card
- immediate transfer
- advance payment
- Cash on delivery
With regard to each selected item the disposable paying methods are displayed during the ordering process and can be selected there.
With the exception of cash on delivery the total purchase price of the order is due with the conclusion of the contract (see 2.5.) If the customer selects the payment method "cash on delivery" the payment is due on delivery. On customer’s request an appointment to pick up the items against cash payment can be arranged.
4. Terms of delivery
With regard to the processing and delivery times for each item the information displayed at the moment of the order is crucial. If nothing else is specified, the delivery of the stock on hand will be supplied within 3-4 working days after the receipt of the full payment of the purchase price and the resulting shipping costs. In case of payment by cash on delivery the items will be supplied within 3-4 working days after the confirmation of the conclusion of a binding contract via the provider’s email in accordance with Section 2.5. In case the ordered items still have to be ordered by the provider himself the delivery time is extended to 6-8 working days. The customer can see in every item description whether items are on stock or have to be ordered. Deviating delivery times will be specified in the item description.
If an ordered item is not available because the supplier of the provider has – despite of his contractual obligation – not delivered without fault of the provider, the provider is entitled to withdraw from the contract. In this case he will inform the customer immediately that the ordered product is no longer available and reimburse all rendered benefits immediately.
The customer assures that he has deposited the correct and complete delivery address. In case of additional costs for the shipment due to an incorrect address – e.g. supplementary shipping costs or costs for returned direct debits – the customer has to restitute those costs to the provider.
5. Cost / Compensation in case of revocation
In the event of the exercise of the consumer’s legal right of revocation with regard to distance contracts it is agreed that the customer has to bear the costs of reshipment of the goods if the price of the returned goods does not exceed an amount of EUR 40,00 or if – in case the amount is higher – the customer has not yet fulfilled a contractually agreed partial payment at the time of the revocation, unless the delivered goods do not correspond to the ordered items. Otherwise, the provider bears the costs of reshipment.
In case of revocation of the contract the customer has to pay – contrary to § 346 section 2 sentence 1 No. 3 BGB – a compensation for a deterioration of the goods if the deterioration is due to a handling with the goods, which exceeds the examination of their characteristics and their functionality.
6. Retention of title
All items remain property of the provider until the complete purchase price is paid.
7. Transfer of risks
If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the delivered goods passes onto the customer at the moment of delivery to himself or a person authorized to receive, in case of mail order purchase at the moment of handover to an appropriate transport person. If the customer is a consumer, in any case (also in case of mail order purchase) the risk of accidental loss and accidental deterioration of the goods passes over in the moment of delivery to the customer. Delivery is also achieved when the customer is in default of acceptance.
If the delivered items have obvious material or manufacturing defects, including transport damage, it is requested that such defects are immediately reported to the provider or the employee of the transportation service which has delivered the item. Missing this report has no effects on the legal rights of the customer.
If the customer is an entrepreneur he has to report obvious defects of the goods within 2 (two) weeks as of the delivery of goods in written or in text form to the provider. Otherwise any warranty rights are excluded. This time limit is respected if the report of defects is forwarded in due time. In case an entrepreneur asserts warranty claims for defected goods the provider is entitled to choose between rectification and replacement.
For consumers the time limit for the assertion of rights with regard to defects of delivered goods is 2 (two) years, for entrepreneurs 1 (one) year. This period begins upon delivery of the goods to the customer. The shorter one-year warranty period applies only if the seller is not guilty of gross negligence. It does not apply in case of damages to body and health attributable to the provider as well as the loss of life of the customer. The provider’s liability under the product liability law (Produkthaftungsgesetz) remains unaffected.
Information on the functioning and application of new and used goods or other technical information is supplied by the provider in good faith and on the basis of existing experience.
In case of simple negligence, the provider is liable only for breach of essential contractual obligations, i.e. the breach of duties which grant the customer legal positions, which can be expected with regard to the content, the nature and the purpose of this contract and whose fulfillment is essential to the proper execution of the contract ( "cardinal obligations") . This liability is limited to such typical damage and / or such a typical extent of the damage that was foreseeable at the moment when the contract has been concluded. With regard to insubstantial contractual duties the liability of the provider is excluded for slight negligence.
The provider’s liability is unlimited for damages resulting from injuries to life, body or health. He is also liable without limitation for damages based on an intentional or grossly negligent breach of duty by him or an intentional or grossly negligent breach of duty of his legal representative or auxiliary person, as well as in other cases where the liability is mandatory by law, in particular in case of malicious fraud, the assumption of a guarantee and under the Product Liability Act (Produkthaftungsgesetz).
In case the liability of the provider is excluded or limited according to these terms and conditions, it is likewise excluded or limited – with the listed exceptions – for his staff, his employees, his agents, his representatives and his auxiliary persons.
10. Choice of Law , Jurisdiction
In case the customer is a merchant, a legal entity under public law or a public special fund, the court of jurisdiction for all disputes arising from this contract is the place of the registered office of the provider. However, the provider remains entitled to take legal action against them at their general place of jurisdiction. The same applies in case the customer has no general jurisdiction in Germany or the EU or in case the domicile or habitual residence at the moment of the filing of the action are unknown.
If the customer is not a consumer, it is agreed that German law – to the exclusion of the CISG – is applicable to this contract. For consumers, this agreement applies only if it does not deprive them of the protection offered by mandatory provisions of the laws of the country of their habitual residence.
If nothing else is specified, the legal provisions apply to this contract.
Regarding the sales packagings which the provider has first filled with goods and delivered to private consumers, the provider has met his legal obligations according to § 6 of the Ordinance of packaging (Verpackungsverordnung) by connecting to the nationwide operating return system of the Landbell AG , Mainz, (customer number 4141969). More information is available on the website of the Landbell AG .
The provider will meet all data protection requirements, especially the requirements of the Telemedia Act (Telemediengesetz).
12. Severability Clause
In case singular provisions of the contract should be wholly or partially invalid or unenforceable or later lose their effectiveness or feasibility, this shall not affect the validity of the remainder of this contract. The ineffective clause shall be replaced by the legal provision that comes closest to the purpose of the contract.
As of 26.09.2013