Terms of service

General Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Basic provisions
(1) The following terms and conditions apply to all contracts that you conclude with us as a provider via the racquetclub.de website. Unless otherwise agreed, the inclusion of your own terms and conditions, if any, is contradicted.

(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession. An entrepreneur is any natural or legal person or a partnership with legal capacity who or which, when entering into a legal transaction, acts in exercise of his or its independent professional or commercial activity.

§ 2 Formation of the contract
(1) The subject of the contract is the sale of goods.

(2) By placing the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.

(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the “shopping cart”. You can call up the “shopping cart” via the corresponding button in the navigation bar and make changes there at any time.

After clicking on the “Checkout” or “Continue to order” button (or similar) and entering your personal data as well as the payment and shipping conditions, the order data will be displayed as an order overview.

If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, Giropay) as a payment method, you will either be taken to the order overview page in our online store or redirected to the website of the provider of the instant payment system.

If you are redirected to the respective instant payment system, please make the appropriate selection or enter your data there. Finally, the order data will be displayed in the order overview on the website of the instant payment system provider or after you have been redirected back to our online store.

Before submitting the order, you have the option of checking the details in the order overview again, changing them (also using the “back” function of the Internet browser) or canceling the order.

By submitting the order via the corresponding button (“order subject to payment”, “buy” / “buy now”, “order subject to payment”, ‘pay’ / “pay now” or similar), you declare legally binding acceptance of the offer, whereby the contract is concluded.

(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.

§ 3 Contract term / termination for subscription contracts
(1) The subscription contract concluded between you and us has the term specified in the respective offer, hereinafter referred to as the “basic term”. A basic term of more than 2 years cannot be agreed.

(2) If the subscription contract is not terminated by one of the parties with a notice period of 1 month to the end of the basic term (unless a shorter period is agreed in the respective offer), it shall be tacitly extended for an indefinite period.

The extended contractual relationship can be terminated at any time with a notice period of 1 month (unless a shorter notice period is agreed in the respective offer).

(3) The right to terminate without notice for good cause remains unaffected.

(4) Each termination must be declared and transmitted either in text form (e.g. e-mail) or via the termination button integrated on our website (“Terminate contracts here” or similar designation).

 

§ 4 Special agreements on offered payment methods

(1) Payment by SOFORT

If you choose the payment method Sofort / Sofortüberweisung, the payment is processed via the payment service provider Sofort GmbH (Theresienhöhe 12, 80339 Munich, Germany; “SOFORT”). Sofort GmbH is a company of the Klarna Group (Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden). To be able to use the SOFORT payment method, you need an online banking account activated for this purpose. As part of the payment process for the order, you must identify yourself accordingly and confirm the payment instruction to SOFORT. Your bank account will be debited immediately after placing the order. Further information about SOFORT can be found at https://www.klarna.com/sofort/
Direct debit (“Pay now”)
Credit card The use of the payment methods invoice and/or installment purchase and/or direct debit requires a positive credit check. In this respect, we forward your data to Klarna for the purpose of address and credit checks as part of the purchase process and execution of the purchase contract. Please understand that we can only offer you those payment methods that are permitted based on the results of the credit check. Further Information on Klarna and Klarna's terms of use for Germany can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user and https://www.klarna.com/de/
Further information on Klarna and Klarna's terms of use for Austria can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/user and https://www.klarna.com/at/

(2) Payment via “PayPal” / “PayPal Checkout”
If you select a payment method offered via ‘PayPal’ / “PayPal Checkout”, payment will be processed via the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; “PayPal”). The individual payment methods via “PayPal” are displayed to you under a correspondingly labeled button on our website and in the online ordering process. “PayPal” may use other payment services to process payments; if special payment terms apply, you will be informed of this separately. You can find more information about “PayPal” at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full

§ 5 Right of retention, retention of title
(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.

(2) The goods shall remain our property until the purchase price has been paid in full.

(3) If you are an entrepreneur, the following shall apply in addition:
(a) We reserve title to the goods until all claims arising from the current business relationship have been settled in full. Prior to the transfer of ownership of the reserved goods, pledging or transfer by way of security is not permitted.

b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that accrue to you from the resale; we accept the assignment. You are further authorized to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.

c) If the goods subject to retention of title are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed items at the time of processing.

d) Wenn Sie ein entsprechendes Verlangen stellen, verpflichten wir uns, die uns zustehenden Sicherheiten insoweit freizugeben, als der realisierbare Wert unserer Sicherheiten die zu sichernde Forderung um mehr als 10% übersteigt. Die Auswahl der freizugebenden Sicherheiten obliegt uns.

§ 6 Warranty
(1) The statutory warranty rights apply.

(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, your statutory warranty claims shall remain unaffected.

(3) If a quality of the goods deviates from the objective requirements, the deviation shall only be deemed to have been agreed if you were informed of this by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.

(4) If you are an entrepreneur, the following shall apply in deviation from the above warranty provisions:

(a) Only our own specifications and the manufacturer's product description shall be deemed agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.

b) In the event of defects, we shall provide warranty at our discretion by rectification or subsequent delivery. If the rectification of defects fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the goods or the defect or other circumstances indicate otherwise. In the event of rectification of defects, we shall not be required to bear the increased costs incurred by the transportation of the goods to a location other than the place of performance, provided that the transportation does not correspond to the intended use of the goods.

c) The warranty period is one year from delivery of the goods. The shortening of the period shall not apply for culpably caused damage attributable to us arising from injury to life, limb or health and for other damage caused intentionally or through gross negligence;
insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
for items that have been used for a building in accordance with their normal use and have caused its defectiveness;
for statutory rights of recourse that you can assert against us in connection with warranty rights.

§ 7 Choice of law
(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence is not thereby withdrawn (principle of favorability).

(2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.

II Customer information

1. identity of the seller

Josephine Körner, Birkenweg 16, 69226 Nußloch, Germany
Phone: 01624130121
Email: office@racquetclub.de

Alternative dispute resolution:

The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr . We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.

2. information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions "Conclusion of the contract" of our General Terms and Conditions (Part I.).

3 Contract language, contract text storage
3.1 The contract language is German.
3.2 The complete text of the contract is not saved by us. Before sending the order via the online shopping cart system, the contract data can be printed out using the browser's print function or saved electronically. After we have received the order, the order data, the information required by law for distance selling contracts and the General Terms and Conditions will be sent to you again by e-mail.

4. essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.

5 Prices and terms of payment
5.1 The prices stated in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.

5.2 The shipping costs incurred are not included in the purchase price. They can be called up via a correspondingly labeled button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you additionally, unless delivery free of shipping costs has been promised.

5.3 If the delivery is made to countries outside the European Union, further costs may be incurred for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of the credit institutions), which are to be borne by you.

5.4 You shall also bear any costs incurred for the transfer of money in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.

5.5 The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective offer.

5.6 Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.

6 Delivery conditions
6.1 The terms of delivery, the delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.

6.2 If you are a consumer, this is regulated by law: The risk of accidental loss and accidental deterioration of the sold item during shipment shall only pass to you when the goods are handed over to you, irrespective of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.

If you are an entrepreneur, delivery and shipment shall be at your risk.

7. statutory liability for defects
Liability for defects is governed by the “Warranty” provision in our General Terms and Conditions (Part I).

8. contract term/termination
Information on the contract term and termination conditions can be found in the section “Contract term/termination for subscription contracts” in our General Terms and Conditions (Part I), as well as in the respective offer.

These General Terms and Conditions and customer information were drawn up by the lawyers of the Händlerbund who specialize in IT law and are constantly checked for legal conformity.