GENERAL TERMS AND CONDITIONS
The internet shop "www.tenniswarehouse-europe.com" is operated by Sports Warehouse GmbH, Am Ziegelplatz 15, 77746 Schutterwald, Commercial Register: District Court Freiburg HRB 702149, Managing Director Rick Kerpsack (hereinafter, referred to as: "Tennis Warehouse"). As far as the business relationship between Tennis Warehouse and the customer is concerned, only below stated general terms and conditions apply in its valid version at the time the order is placed. Any differing terms from the part of the customer will not be recognized and are hereby expressly objected to.
2. Contract Conclusion
2.1An order can be placed at Tennis Warehouse as follows:
- via the internet page www.tenniswarehouse-europe.com
- by telephone, via calling our customer service:
- German: +49 (0) 781 28 406 100
- French: +33 (0) 3 88 67 05 05
- English: +44 (0) 844 4990 807
- Italian: +39 (0) 2 479 21 251
- Spanish: +34 900 804 902
- by fax: +49 (0)781 28 406-400
- or by mail to the address listed above
In any case, an order is only possible if the customer has identified himself prior by his e-mail address or some other form of personal information.
2.2 If minors want to place an order at Tennis Warehouse, the approval of their legal representatives is required.
2.3 By placing an order, the customer places a binding offer to conclude a sales contract. Tennis Warehouse will then send him/her a confirmation of receipt of the order via e-mail. This e-mail only serves as non-binding information to the customer. A contract between Tennis Warehouse and the customer only comes into existence upon shipping confirmation, which Tennis Warehouse will send to the customer in a separate e-mail after the products have been paid for or delivered by Tennis Warehouse.
3. Right of Contract Termination
3.1 Termination Terms
If you are a consumer, you can terminate your contract within a period of two weeks without having to state any reasons in writing (for example, by letter, telefax, e-mail) or - if you receive the products before the deadline - by returning the products. The deadline starts at the earliest upon receipt of the products and not prior to receipt of this information in writing (for example, by letter, telefax, e-mail) and also not until our duty to inform has been met in accordance with section 312c para. 2 German Civil Code [Bundesgesetzbuch, "BGB"] in conjunction with section 1 paras. 1, 2 and 4 BGB-InfoV as well as our duties pursuant to section 312 e para. 1 sentence 1 BGB in conjunction with 3 BGB-InfoV. In order to guarantee the termination term, it is sufficient to send the written termination or return the products within the specified period of time.
The order termination is to be sent to:
Sports Warehouse GmbH - Tennis Warehouse
Am Ziegelplatz 15,
77746 Schutterwald, Germany
German: +49 (0) 781 28 406 100
French: +33 (0) 3 88 67 05 05
English: +44 0 844 4990 807
Italian: +39 (0) 2 479 21 251
Spanish: +34 900 804 902
By Fax: +49 (0)781 28 406-400
When returning the products, please also include the invoice or a copy of the invoice to allow us to accurately process the return.
In case of an effective cancellation, both parties are required to return the services they received and, if applicable, to reimburse obtained benefits (for example, interest). If you are unable to return the received products completely or partially or in an impaired condition, you possibly might have to provide us with value replacement. This does not apply if the impaired condition was noticed by you - for example, as if you had been in a store. In general, you can avoid the requirement for value replacement if the caused impairment resulted from your treating the product as your property and by doing anything that could negatively impact its value. Shippable goods are to be sent back to us, at our risk. You have to pay for the return shipping costs if the delivered products are what you ordered and if the price of the products you are returning does not exceed EUR 40 or if the price of the product is higher at the time of cancellation and you have not yet paid the outstanding balance or the contractually agreed partial payment. Otherwise, the return shipment will be free of charge for you. Goods which cannot be shipped in packages will be picked up from your location. Requirements for reimbursements of payments have to be fulfilled within 30 days. The allotted timeframe starts for you when sending your termination declaration or the goods, the allotted timeframe for us starts upon when we receive them. Prepaid return shipping labels are included with orders shipped within Germany and France. All other customers will be responsible for shipping charges on returned products.
The right to contract termination does not apply to distance contracts with regard to:
- the delivery of goods which have been customized according to customer specifications or are clearly personalized or are not suitable to be returned because of their nature or which could easily perish or whose expiration date has expired
- the delivery of audio or video recordings or software, if the data medium has been unsealed by the customer.
4.1 In general, if an order is placed and paid for (i.e. receipt of payment) by 12:00 noon on a normal business day, Tennis Warehouse will transfer the products to the post office or a carrier on the same business day. If the order and payment is received after 12:00 noon, shipping will occur on the following business day. Tennis Warehouse will inform the customer via e-mail of the transfer. In exceptions (especially if the products are out of stock or if bulk goods are being ordered) there can be a difference of up to 15 business days between receipt of payment and delivery.
4.2 If the products selected by the customer are not available at the time the order is placed, Tennis Warehouse will inform the customer upon receipt of the order. If there is a possible delivery delay of more than two weeks, the customer will be informed about the delay and has the right to cancel his order.
5. Ownership of Goods
The products remain the property of Tennis Warehouse until they have been fully paid for. If third parties claim access to conditional property (for example via garnishment) the customer immediately has to notify Tennis Warehouse.
6. Prices and Shipping Costs
6.1 All prices are issued in Euros and contain the respectively applicable value added tax determined by law. Depending on the order amount and the final destination, additional shipping costs may apply. The products will be shipped tax free as far as all deliveries outside of the European Union are concerned. However, the customer is required to declare the goods in the country they are being shipped to.
7. Forms of Payment
7.1 We accept the following forms of payment:
- Bank Transfer:
- German Bank Details: Volksbank Offenburg,
Account Number: 12344406; Bank Code: 66490000;
IBAN : DE69 6649 0000 0012 34 4406
- German Bank Details: Volksbank Offenburg,
- Credit Card (VISA and MASTERCARD). Your data will be transferred encrypted in the SSL (Secure Socket Layer) standard. At present, SSL is the most popular and secure data transmission system on the internet.
- PAYPAL. Please note: PayPal refunds made more than 60 days after the original payment are considered new payments and regular PayPal fees for receiving money will incur. Tennis Warehouse Europe will refund the value of the product returned; the total amount of money received will reflect the refund less any PayPal fees.
- COD: The customer directly pays the postman upon receipt of the products. There will be an additional COD fee.
Please contact us by e-mail or by telephone, if you have questions pertaining to payment methods for orders outside of Germany.
7.2 With the exception of COD, delivery of the ordered goods only occurs after payment has been received by Tennis Warehouse (prepayment).
8. Defect Warranty, Guarantee
8.1 Tennis Warehouse is liable for defects in accordance with the respective legally applicable regulations, particularly section 434 et seq. BGB.
8.2 Guarantee only exists with regard to the goods shipped by Tennis Warehouse if this has been expressly stated in the order confirmation of the respective product.
8.3 Starting with the delivery, the time bar for rights to claim damages for any defects amounts to 12 months for companies and to 24 months for consumers.
9.1 Tennis Warehouse is fully liable
- with regard to culpable injury to life, body or health
- if and to the extent of liability in accordance with the product liability law and
- if and to the extent Tennis Warehouse violates a warranty based on a contract and legal requirements call for liability
9.2 Tennis Warehouse is liable in accordance with the legal requirements if it violates key contractual obligations. Unless Tennis Warehouse acts grossly negligent or intentionally causes damages, liability is limited to typically occurring foreseeable damages. Key contractual obligations are obligations which determine the typical purpose of the contract, and whose completion only enables the proper execution of the contract and the contractual partner can rely on them being adhered to on a regular basis.
9.3 Tennis Warehouse is only liable for any other violations of obligations if the damage was caused intentionally or due to gross negligence by a legal representative or auxiliary person.
9.4 Unless something different is stated above, claims for damages against Tennis Warehouse resulting from violations of obligations are excluded.
10. Links to our website
Every hyperlink to the website www.tenniswarehouse-europe.com requires prior written approval by Sports Warehouse GmbH. If you have any questions, please send them via e-mail to firstname.lastname@example.org.
11. Applicable Law, Jurisdiction
11.1 The law of the Federal Republic of Germany applies, excluding the UN-Agreement with regard to the international purchase of goods.
11.2 If the order is placed by a business man, a legal representative of public law or it is a public special asset, jurisdiction for all disputes resulting from contractual relationships between the customer and Tennis Warehouse is Offenburg, Germany.