General Terms and Conditions for Liquid Sports GmbH
- 1 Scope and definitions1.1 For the business relationship between Liquid Sports GmbH, Koppelberg 4-6, 24159 Kiel, Germany, (hereinafter referred to as “Seller”) and the customer (hereinafter referred to as “Customer”), the following General Terms and Conditions (GTC) shall apply exclusively in the version valid at the time of the respective order. Any conflicting or other general terms and conditions and/or other terms and conditions of the Customer are expressly rejected, irrespective of their designation, unless the Seller expressly agrees to their validity in writing.
1.2 Individual agreements made with the Customer on a case by case basis (including collateral agreements, supplements and/or amendments) shall in any case take precedence over the general terms and conditions of the Seller. The content of such agreements shall be governed by a written contract and/or written confirmation by the Seller. This also applies to the waiver of this written form requirement.
2.1 The internet pages of the Seller only represent an invitation to the Customer to submit offers for the conclusion of a purchase agreement for the presented goods.
2.2 Minor colour deviations of the goods displayed on the website are due to technical reasons.
3.1 The Customer can select products from the Seller’s range and collect them in a so-called virtual shopping basket by clicking on the “Add to basket” button. Prior to the order, the products listed there can be removed individually from the shopping basket by clicking on the button “Delete”. If the Customer clicks on the “Buy” button, he makes a binding offer to purchase the goods in the shopping basket.
3.2 The minimum value per order must be EUR 1.00 (gross value of goods including VAT but excluding shipping or other costs).
3.3 Before sending the order, the Customer can view and change the order data at any time via the “Shipping & Billing” button.
3.4 The Customer will then receive an automatic confirmation of receipt by e-mail, which reproduces the content of the Customer’s order once again and which the Customer can print out. This automatic confirmation of receipt does not constitute an acceptance of the offer, but merely documents that the order has been received by the Seller. Goods are only sold in household quantities.
3.5 The contract shall only be concluded when the Seller issues the declaration of acceptance. The Seller shall be entitled, but not obliged, to accept the Customer’s contractual offer within 14 days of receipt by the Seller. The Seller shall declare acceptance by sending a confirmation of dispatch by e-mail.
- 4 Delivery, delivery periods, availability of goods
4.1 Unless otherwise agreed, delivery shall be made to the delivery address provided by the Customer. Goods are delivered worldwide. The dispatch of the goods shall be carried out by the logistics service providers cooperating with the Seller (DHL, GLS, Deutsche Post or Schenker) depending on the volume of the goods or according to the Customer’s choice.
4.2 The Seller shall inform the Customer of the delivery time in the course of the ordering process and in the shipping confirmation. In order to determine whether delivery was made on time, the time at which the Seller hands over the goods to the shipping company at the place of performance shall be decisive. After the unsuccessful expiry of the delivery period, a grace period of 14 days shall be automatically granted without further explanation on the part of the Customer. The Customer may only withdraw from the contract after this period of grace has expired.
4.3 If no items of the product selected by the Customer are available at the time of the Customer’s order, the Seller shall inform the Customer of this in the shipping confirmation. In the shipping confirmation, the Seller shall accept the Customer’s offer only for the goods that are available. A contract for the unavailable goods is not concluded.
4.4 If the Seller is unable to meet the stated delivery times due to Force Majeure or other reasons beyond his control, he shall inform the Customer immediately. At the same time, he shall set a new delivery date appropriate to the respective circumstances, but no later than 2 weeks after the originally agreed delivery date and shall inform the Customer accordingly. If the goods are still not available within the new delivery period for reasons for which the Seller is not responsible, the Seller may withdraw from the contract in whole or in part. The Seller shall immediately refund to the Customer any consideration already rendered. Reasons for which the Seller is not responsible shall be deemed to exist in particular if and to the extent that the Seller is not supplied by its suppliers in due time although it has concluded a sufficient covering transaction. Insofar as the Customer cannot reasonably be expected to accept the delivery as a result of the delay, he may withdraw from the contract by immediate declaration in text form (i.e. in writing, by fax or e-mail) to the Seller. Further legal rights of the Customer remain unaffected.
4.5 After handing over the goods to the shipping company, the Customer will automatically receive a shipping notification by e-mail.
4.6 Partial deliveries and early deliveries are permissible within the scope of what is reasonable for the Customer. If the Customer has ordered several items, it may happen that the Seller sends them in several deliveries. If a part of the goods ordered by the Customer is permanently unavailable, this part of the order will be cancelled. Thus, a contract is only concluded for the goods listed in the shipping confirmation.
- 5 Prices and shipping costs
5.1 All prices quoted on the Seller’s website are inclusive of the applicable statutory value added tax.
5.2 The Seller shall inform the Customer of the respective shipping costs, as well as any additional costs in the order form. The Customer must bear the shipping costs and any additional costs.
- 6 Payment, default of payment
6.1 The Seller shall only accept the payment methods indicated to the Customer during the ordering process.
6.2 During the ordering process, the Vendor shall, if there is a justified interest, carry out an automatic credit check of the Customer by means of an inquiry with a credit agency, e.g. SCHUFA Holding AG. The possibility to order and the offered payment methods depend on the result of this credit check. In particular, depending on the result of this automatic credit check, the Seller will offer the Customer payment by Mastercard or Visa card. In the event of a lack of creditworthiness, the Seller shall also be entitled to withdraw in whole or in part from all existing contracts in which the Customer has not yet paid the purchase price despite payment being due and payable and a reminder.
7.1 The delivered goods shall remain the property of the Seller until the purchase price has been paid in full.
7.2 The Customer shall be obliged to inform the Seller immediately in writing in the event of seizure of the goods or other interventions by a third party, as well as to inform the third party of the Seller’s reserved property.
7.3 In the event that your company goes into administration, bankruptcy or non payment of invoices Liquid Sports applies an “ALL Monies” clause when dealing with these situations
Right of cancellation:
You may cancel your order in writing (e.g. letter, fax, e-mail) within 14 days without providing a reason or – where the product has been made available to you prior to the expiry of this deadline – also by returning the product. The cancellation period begins after receipt of this cancellation policy in writing, however not prior to the receipt of the goods by the recipient (in the case of recurring orders of the same goods, not before the receipt of the first partial shipment) and also not prior to the fulfilment of our information duties under Article 246 Section 2 in conjunction with Section 1 (1) and (2) Introductory Law to the German Civil Code (EGBGB), as well as our obligations under Section 312 g (1) first sentence of the German Civil Code (Bürgerliches Gesetzbuch, BGB) in conjunction with Article 246 Section 3 EGBGB. Sending a cancellation or returning the goods is sufficient in order to adhere to the cancellation period.
A notice of cancellation must be sent to:
In case of a written declaration of cancellation: Liquid Sports GmbH, Koppelberg 4-6, 24159 Kiel, Germany
In case of cancellation by e-mail: firstname.lastname@example.org
In case of cancellation by fax: Fax: +49 431 38907920
In case cancellation is declared by returning the goods, the goods must be returned to:
Liquid Sports GmbH, Koppelberg 4-6, 24159 Kiel, Germany
Effects of cancellation
In cases of an effective cancellation, both parties must return any goods/services/funds provided by the other and, where applicable, must disburse any benefits realised (e.g. interest). If you are unable to return the goods or services or benefits derived (e.g. use and enjoyment) in whole or in part, or can only make a return in a deteriorated condition, you must compensate us accordingly. You must only compensate us for the value in the case of deterioration of the goods and for use and enjoyment derived inasmuch as the use or the deterioration is a result of dealing with the goods in a manner that goes beyond the inspection of the characteristics or functionality. The term “inspection of the characteristics and functionality” refers to testing and trying out the respective goods to a degree that is, for example, possible and usual in a store setting.
Items which may be sent by parcel post are to be returned at our expense and risk. Items which may not be sent by parcel post will be picked up from you. An obligation to refund a payment must be complied with within 30 days. For you as the Customer, the period begins when the notice of cancellation, or the goods, is/are sent and for us the period begins on receipt of the goods.
9.1 The warranty for defects of the purchased goods shall be based on the statutory provisions and the following provisions. In particular, the Customer may demand subsequent performance (new delivery or removal of defects). However, the Seller shall be entitled to refer the Customer to new delivery if the removal of the defect would involve disproportionate effort. Warranty claims expire two years after delivery of the goods.
9.2 Customary or technically unavoidable material-related deviations in the quality, colour, size, equipment or design of the goods shall be irrelevant. There shall be no right of withdrawal in the case of such or other minor defects. The Customer shall be at liberty to prove that the deviations mentioned are significant for him.
9.3 The Customer shall not have any warranty claims if he has modified the goods and the defect was caused by this. Claims of the Customer for damages or reimbursement of futile expenses shall only exist in accordance with § 11 of these General Terms and Conditions.
- 10 Notes on data processing
The protection of the personal data of the Customer, which the Customer communicates to the Seller when using the online store, is very important to the Seller. The Seller will only collect, store and use personal data in accordance with the applicable data protection regulations.
11.1 The Seller shall be liable without limitation for intent and gross negligence. The Seller shall only be liable for simple negligence in the event of injury to life, body, health or the breach of a material contractual obligation. Material contractual obligations shall be those whose fulfilment is necessary to achieve the objective of the contract and on whose fulfilment the Customer has relied and could reasonably rely on.
11.2 In the case of slightly negligent violation of material contractual obligations, the liability of the Seller shall be limited to the amount of the foreseeable, typically occurring damage.
11.3 The aforementioned limitations of liability shall also apply in favour of the legal representatives and vicarious agents of the Seller.
11.4 Liability under the German Product Liability Act (Produkthaftungsgesetz) shall remain unaffected.
12.1 The law of the Federal Republic of Germany shall apply to contracts between the Seller and the Customer, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
12.2 The invitation to submit offers within the framework of Liquid Sports GmbH is only directed at consumers. If the Customer is nevertheless a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Seller shall be the Seller’s registered office.
12.3 Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected. Instead of the invalid provision, the applicable statutory provisions shall apply. This shall apply accordingly to the filling of any loopholes in these GTC.
12.4 For questions or complaints concerning the website of Liquid Sports GmbH, the Seller is at the disposal of the Customer using the e-mail address email@example.com, the telephone number +49 (0) 431 3890790, and at the postal address mentioned in § 8.