Terms of service
General Terms and Conditions
Contractual conditions within the framework of purchase contracts with Oliver-Sport GmbH
between
OLIVER-SPORT GmbH
Dieselstr.10
69221 Dossenheim
Dossenheim, Germany
Phone: 06221 8771 0
E-Mail: info@oliver-sport.de
Website: www.oliver-sport.de
Oliver-Sport GmbH
Dieselstraße 10,
D-69221 Dossenheim
- hereinafter referred to as "Provider" -
and
the users of this platform designated in § 2 of these GTC - hereinafter referred to as "Customer/Customers".
General Terms and Conditions
1. SCOPE OF APPLICATION
The following GTC apply to all orders placed via our online store by consumers and entrepreneurs.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they shall only become part of the contract if we have expressly agreed to them.
2. CONTRACTUAL PARTNER, CONCLUSION OF CONTRACT, CORRECTION OPTIONS
The purchase contract is concluded with Oliver-Sport GmbH.
By placing the products in the online store, we submit a binding offer to conclude a contract for these items. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking the order button. Immediately after sending the order, you will receive another confirmation by e-mail.
3. CONTRACT LANGUAGE, CONTRACT TEXT STORAGE
The language(s) available for the conclusion of the contract: German
We save the text of the contract and send you the order data and our GTC in text form. For security reasons, the text of the contract is no longer accessible via the Internet.
4. TERMS OF DELIVERY
Shipping costs may be incurred in addition to the stated product prices. You will find more detailed information on any shipping costs incurred in the offers.
Delivery times quoted by us are calculated from the time of our order confirmation, subject to prior payment of the purchase price.
If the product specified by the customer in the order is only temporarily unavailable, the supplier shall also inform the customer of this immediately. In the event of a delay in delivery of more than two weeks, the customer has the right to withdraw from the contract. In this case, the supplier is also entitled to withdraw from the contract. In this case, he shall immediately reimburse any payments already made by the customer.
5. PAYMENT
The following payment methods are available in our store:
Prepayment
If you choose to pay in advance, we will send you our bank details in a separate e-mail and deliver the goods after receipt of payment.
Credit card
You enter your credit card details during the ordering process. Your card will be charged immediately after placing the order.
SEPA direct debit
When you place your order, you issue us with a SEPA direct debit mandate. We will inform you of the date of the account debit at least one bank business day in advance (so-called prenotification). A bank business day is any working day with the exception of Saturdays, national public holidays and December 24 and 31 of each year. The account is debited before the goods are dispatched.
PayPal, PayPal Express
In order to be able to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, legitimize yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after the order is placed. You will receive further instructions during the ordering process.
PayPal can offer registered PayPal customers, selected according to its own criteria, further payment methods in the customer account. However, we have no influence on the offering of these modalities; other individually offered payment modalities affect your legal relationship with PayPal. You can find further information on this in your PayPal account.
PayPal
In cooperation with the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), we offer you the following payment options as PayPal services. Unless otherwise specified below, payment via PayPal Plus does not require registration with PayPal. Further information can be found in the respective payment option and in the order process.
PayPal, PayPal Express
In order to be able to pay the invoice amount via the PayPal payment option, you must be registered with PayPal, legitimize yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after the order is placed.
PayPal can offer registered PayPal customers, selected according to its own criteria, further payment methods in the customer account. However, we have no influence on the offering of these modalities; other individually offered payment modalities affect your legal relationship with PayPal. You can find further information on this in your PayPal account.
Credit card via PayPal
Your card will be charged by PayPal after the goods have been dispatched.
Direct debit via PayPal
Payment by direct debit via PayPal requires an address and credit check and is made directly to PayPal. By confirming the payment instruction, you issue PayPal with a direct debit mandate. You will be informed by PayPal about the date of the account debit (so-called prenotification). The account will be debited before the goods are dispatched.
Purchase on account via PayPal
The purchase on account via PayPal requires an address and credit check and is sent directly to PayPal.
Sofort by Klarna
In order to be able to pay the invoice amount via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, you must have a bank account activated for online banking, legitimize yourself accordingly and confirm the payment instruction. Your account will be debited immediately after placing the order. You will receive further instructions during the ordering process.
Google Pay
In order to be able to pay the invoice amount via the payment service provider Google Ireland Ltd, Gordon House, Barrow Street, Dublin 4, Ireland ("Google"), you must be registered with Google, have activated the Google Pay function, legitimize yourself with your access data and confirm the payment instruction. The payment transaction is carried out immediately after placing the order. You will receive further instructions during the ordering process.
Apple Pay
To be able to pay the invoice amount via the payment service provider Apple Inc, One Apple Park Way, Cupertino, CA 95014, USA ("Apple"), you must use the "Safari" browser, be registered with Apple, have activated the Apple Pay function, legitimize yourself with your access data and confirm the payment instruction. The payment transaction is carried out immediately after placing the order. You will receive further instructions during the ordering process.
giropay / paydirekt
In cooperation with the payment service provider paydirekt GmbH, Stephanstr. 14-16, 60313 Frankfurt a. M. ("giropay" or "paydirekt"), we offer the payment methods giropay and paydirekt.
giropay
In order to be able to pay the invoice amount via giropay, you must have a bank account activated for online banking, legitimize yourself accordingly and confirm the payment instruction. Your account will be debited immediately after placing the order. You will receive further instructions during the ordering process.
paydirekt
In order to be able to pay the invoice amount via paydirekt, you must have a bank account activated for online banking, be registered with paydirekt, legitimize yourself with your access data and confirm the payment instruction.
Amazon Pay
In order to be able to pay the invoice amount via the payment service provider Amazon Payments Europe S.C.A. 38 avenue J.F. Kennedy, L-1855 Luxembourg ("Amazon"), you must be registered with Amazon, legitimize yourself with your access data and confirm the payment instruction. The payment transaction will be carried out within one banking day of placing the order. A bank business day is any working day with the exception of Saturdays, national public holidays and December 24 and 31 of each year. Further information can be found in the order process.
Klarna
In cooperation with the payment service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden ("Klarna"), we offer you the following payment options. Payment via Klarna is only available to consumers. Unless otherwise specified below, payment via Klarna requires a successful address and credit check and is made directly to Klarna. Further information can be found in the respective payment option and in the order process.
Purchase on account via Klarna
The invoice amount is due 30 days after dispatch of the goods and receipt of the invoice.
Klarna credit card
You enter your credit card details during the ordering process. Your card will be charged by Klarna immediately after placing the order. There is no address or credit check.
Klarna direct debit
You issue Klarna with a SEPA direct debit mandate. Klarna will inform you about the date of the account debit (so-called prenotification). The account will be debited after the goods have been dispatched.
Installment purchase via Klarna
You can pay the invoice amount in monthly installments of at least 1/24 of the total amount. The minimum installment is 6.95 euros.
Invoice
The invoice amount is due 30 days after receipt of the invoice and the goods by bank transfer to the bank account specified on the invoice. We reserve the right to offer purchase on account only after a successful credit check.
Cash payment on collection
You pay the invoice amount in cash on collection.
Shopify International Limited
Victoria Buildings, 2nd Floor 1-2 Haddington Road Dublin 4, D04 XN32, Ireland
6. RIGHT OF WITHDRAWAL
Consumers are entitled to the statutory right of withdrawal as described in the withdrawal policy. Entrepreneurs are not granted a voluntary right of withdrawal.
7. RETENTION OF TITLE
The goods remain our property until full payment has been made.
For entrepreneurs, the following also applies: We reserve title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations. We will release the securities to which we are entitled at your request to the extent that the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.
8. TRANSPORT DAMAGE
The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, you will help us to assert our own claims against the carrier or the transport insurance company.
The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment.
9. WARRANTY AND GUARANTEES
9.1 LIABILITY FOR DEFECTS
Unless expressly agreed otherwise, the statutory liability for defects shall apply.
The following restrictions and shortened time limits do not apply to claims based on damage caused by us, our legal representatives or vicarious agents
in the event of injury to life, limb or health
in the event of intentional or grossly negligent breach of duty and fraudulent intent
in the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
within the scope of a guarantee promise, if agreed, or
insofar as the scope of application of the Product Liability Act is opened up.
Restrictions vis-à-vis entrepreneurs
In relation to entrepreneurs, only our own information and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we accept no liability for public statements made by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects for newly manufactured goods is one year from the transfer of risk. The sale of used goods is subject to the exclusion of any warranty.
The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.
Regulations for merchants
The obligation to inspect and give notice of defects regulated in § 377 HGB applies to merchants. If you fail to notify us as stipulated therein, the goods shall be deemed approved, unless the defect was not recognizable during the inspection. This does not apply if we have fraudulently concealed a defect.
Notice to consumers
We would like to inform you that when selling used goods to consumers, we may shorten the limitation period with regard to warranty rights to one year from delivery of the goods, provided that we specifically inform you of this and this is expressly and separately agreed.
9.2 GUARANTEES AND CUSTOMER SERVICE
Information on any additional warranties that may apply and their exact conditions can be found with the product and on special information pages in the online store.
Customer service: You can reach our customer service for questions, complaints and claims on weekdays from 9:00 a.m. to 5:00 p.m. by calling +49 6221 877 10 or by e-mail at info@oliver-sport.de
10 LIABILITY
We are always liable without limitation for claims based on damage caused by us, our legal representatives or vicarious agents
in the event of injury to life, limb or health,
in the event of intentional or grossly negligent breach of duty,
in the case of warranty promises, if agreed, or
insofar as the scope of application of the Product Liability Act is opened up.
In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.
11. BEST PRICE GUARANTEE AND MONEY-BACK GUARANTEE
12. DISPUTE RESOLUTION
The European Commission provides a platform for online dispute resolution (OS), which you can find here. We are prepared to participate in an out-of-court arbitration procedure before a consumer arbitration board.
The federal universal arbitration board at the Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de, is responsible.
13. FINAL PROVISIONS
If you are an entrepreneur, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If you are 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 place of jurisdiction for all disputes arising from contractual relationships between us and you is our registered office.