Terms & Conditions

1. Scope of Application

The following Terms and Conditions apply to all orders placed via our online shop by consumers and businesses.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their self-employed professional activity. A business is a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, is acting in the course of its commercial or self-employed professional activity.

In relation to businesses, these Terms and Conditions also apply to future business dealings without us having to refer to them again. Should the business use conflicting or supplementary terms and conditions, their validity is hereby rejected; they shall only form part of the contract if we have expressly agreed to them.

2. Contracting parties, conclusion of contract

The purchase contract is concluded with ERHARD Sport GmbH.

By listing the products in the online shop, we are making a binding offer to conclude a contract for these items. You may initially place our products in your shopping basket without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained during the ordering process. The contract is concluded when you accept the offer for the goods contained in the shopping basket by clicking the order button. Immediately after submitting your order, you will receive a confirmation email.

3. Contract language, storage of contract text

The language available for the conclusion of the contract is German.

4. Delivery terms

Shipping costs are added to the product prices shown. You can find more details on the shipping costs in the product listings. We only offer delivery. Unfortunately, it is not possible to collect the goods in person. We do not deliver to parcel collection points.

5. Payment

Prepayment

If you select prepayment as your payment method, we will provide you with our bank details in a separate email and dispatch the goods once payment has been received.

Credit card

When you place your order, you will simultaneously provide us with your credit card details. Once your identity as the legitimate cardholder has been verified, we will instruct your credit card company to initiate the payment transaction immediately after the order is placed. The payment transaction is carried out automatically by the credit card company and your card will be charged.

PayPal

During the ordering process, you will be redirected to the website of the online provider PayPal. To pay the invoice amount via PayPal, you must be registered there or register first, authenticate yourself using your login details and confirm the payment instruction to us. Once you have placed your order in the shop, we will instruct PayPal to initiate the payment transaction. The payment transaction is carried out automatically by PayPal immediately afterwards. You will receive further information during the ordering process.

Invoice

14 or 30 days net, not applicable to private customers

6. Retention of title

The goods remain our property until full payment has been made. The following also applies to businesses: 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 hereby assign to us in advance all claims arising from such resale – irrespective of whether the goods subject to retention of title are combined or mixed with a new item – in the amount of the invoice sum, and we accept this assignment. You remain authorised to collect the claims; however, we may also collect claims ourselves if you fail to meet your payment obligations.

7. Transport damage

The following applies to consumers:

If goods are delivered with obvious transport damage, please report such defects to the delivery driver as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences whatsoever for your statutory 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 businesses:

The risk of accidental loss and accidental deterioration passes to you as soon as we have handed over the goods to the forwarding agent, the carrier or any other person or organisation designated to carry out the shipment. In dealings between traders, the duty to inspect and give notice of defects as set out in Section 377 of the German Commercial Code (HGB) applies. If you fail to give notice as stipulated therein, the goods shall be deemed to have been approved, unless the defect was not apparent upon inspection. This shall not apply if we have fraudulently concealed a defect.

8. Warranty and Guarantees

Unless expressly agreed otherwise below, the statutory liability for defects shall apply. For consumers, the limitation period for claims for defects in relation to second-hand goods is one year from delivery of the goods. For businesses, the limitation period for claims for defects is one year from the transfer of risk; the statutory limitation periods for the right of recourse under Section 478 of the German Civil Code (BGB) remain unaffected.

In dealings with businesses, only our own specifications and the manufacturer’s product descriptions incorporated into the contract shall be deemed to constitute an agreement regarding the quality of the goods; we accept no liability for public statements made by the manufacturer or other advertising claims.

If the delivered item is defective, we shall initially provide a warranty to businesses, at our discretion, by remedying the defect (repair) or by delivering a defect-free item (replacement). The above limitations and shortened time limits do not apply to claims arising from damage caused by us, our legal representatives or vicarious agents

• in the event of injury to life, limb or health
• in the event of a breach of duty caused by wilful misconduct or gross negligence, or in the event of fraud
• in the event of a breach of fundamental contractual obligations, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the other party may regularly rely (cardinal obligations)
• within the scope of a warranty, where agreed
• where the scope of the Product Liability Act applies.

Information on any additional warranties that may apply and their exact terms and conditions can be found with the relevant product and on specific information pages in the online shop. Customer service: You can contact our customer service team with any questions, complaints or claims from Monday to Friday by email at [email protected]

9. Liability

We shall always be liable without limitation for claims arising from damage caused by us, our legal representatives or vicarious agents

• in the event of injury to life, limb or health,
• in the event of a breach of duty caused by wilful misconduct or gross negligence,
• in the event of warranty undertakings, where agreed, or
• insofar as the scope of the Product Liability Act applies.

In the event of a breach of material contractual obligations, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the contracting party may regularly rely, (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability is limited in amount 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.

10. Code of Conduct

We have committed to the following codes of conduct:

Trusted Shops Quality Criteria

https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf

11. Dispute Resolution

The European Commission provides an online dispute resolution (ODR) platform, which you can find here: http://ec.europa.eu/consumers/odr/.

We are prepared to participate in out-of-court conciliation proceedings before a consumer arbitration board.

12. Final Provisions

If you are a business operator, 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 shall be our registered office.