General Terms and Conditions of Business
of US-SPORTS DISTRIBUTION,
Owner Nikolas Y. Caumanns,
in the following called US-SPORTS DISTRIBUTION.
§ 1 General
The following conditions apply to the trade of goods and services by US-SPORTS DISTRIBUTION. Contracts are made in accordance with the following conditions only. Differing, conflicting or additional general terms and conditions of business do not form a part of the agreement between the parties, unless US-SPORTS DISTRIBUTION acknowledges ist validity expressly by written.
§ 2 Acknowledgement of the General Terms and Conditions of Business
By clicking the button “confirm order”, the customer accepts this general terms and conditions of business of US-SPORTS DISTRIBUTION and commits himself to act in accordance with these terms.
§ 3 Data Protection
All personal data provided by the customer during the ordering process is treated in confidence. Those personal details which are necessary for the business transaction are saved and passed to third parties for this purpose only. US-SPORTS DISTRIBUTION will not transfer customer’s data to third parties for other purposes – in particular consulting, promotion or market research purposes.
§ 4 Prices
All stated prices include 19% VAT.
§ 5 Conclusion of Contract
1. Offers from US-SPORTS DISTRIBUTION are non-binding. Technical data, design, color and/or weight are subject to change within the realms of reasonable.
2. By placing an order, the customer makes a binding declaration, that he wishes to acquire the goods ordered.
Orders can be placed in written, verbal, telephonical, electronical, via e-mail or internet. US-SPORTS DISTRIBUTION is entitled to accept the customer’s offer within a period of two weeks from receipt. The contract is concluded if US-SPORTS DISTRIBUTION provides a written confirmation of acceptance of the offer or by dispatch of the goods ordered.
3. If the customer orders by electronical way, US-SPORTS DISTRIBUTION will confirm the receipt of the order by return. This confirmation does not form a binding acceptance of the customer’s offer. The confirmation of the receipt of the customer’s order can be connected with acceptance of the customer’s order.
4. The conclusion of the contract is subject to the correct and punctual supply of the goods to US-SPORTS DISTRIBUTION by its suppliers. This applies only in case US-SPORTS DISTRIBUTION is not responsible for the non-delivery, in particular in case of a congruent purchase/sale transaction.
The customer will be informed about the non-availability by return. The equivalent will be returned immediately.
5. If the consumer ordered the goods by electronical way, the wording of the contract will be saved by US-SPORTS DISTRIBUTION and on customers demand via e-mail transmitted together with this general terms and conditions of business.
§ 6 Reservation of Ownership
The goods forming the subject of this contract remain the property of US-SPORTS DISTRIBUTION until they have been paid for in full.
§ 7 Right of revocation:
The following right of revocation does apply to consumers exclusively:
R I G H T O F R E V O C A T I O N:
§ 7.1 Right of revocation:
1. The consumer has the right to revoke his manifestation of intent based on the conclusion of the contract within a period of two weeks from receipt of the goods. No reason needs to be given for this revocation, which is to be made in written form or through return of the goods to the seller. This deadline begins earliest by this right has been communicated in written form, but not before receipt of the goods, furthermore not before our obligation to inform in accordance with § 312c Abs. 2 BGB in connection with § 1 Abs. 1, 2 and 4 BGB-InfoV as well as our obligation regarding § 312e Abs. 1 Satz 1 BGB in connection with § 3 BGB-InfoV. For the calculation of the deadline, neither the day the right of revocation has been communicated, nor the day of consumer's receipt of the goods do count.
2. The dispatch of the goods within this period is sufficient. The cancellation has to be addressed to:
Nikolas Y. Caumanns
22767 Hamburg, Germany
3. In accordance with the corresponding German laws, the right of revocation does not apply to the delivery of
Goods which are produced or changed on the requirements of the consumer.
4. In case of an effective revocation, benefits received by both parties have to be returned.If the consumer is not able to return the benefit entirely or partially or in inferior condition (for example due to defilement of the goods), a compensation for the lost of value can be claimed. This does not apply when worsening of the the goods are based on the survey of the goods. Furthermore this can be avoided if the consumer does not treat the goods as an owner and avoids anything causing the worsening of the goods.
5. Packaged goods have to be returned; not packaged goods will be picked-up at consumer's place. The consumer has to bear the costs of return, if the delivered goods match the ordered goods, and if the price of the returned goods does not exceed the amount of EUR 40,00, or in case of a higher price of the goods, the consumer has not effected the entire or partial payment at the moment of the return. Otherwise the return is free of charge for the consumer, means in case of an effective revocation, costs of the return will reimbursed. The obligations of reimbursement have to be effected within 30 days. For the consumer, the deadline begins with the dispatch of the right of revocation (or goods), for us, the deadline begins with the receipt.
E N D O F T H E R I G H T O F R E V O C A T I O N
§ 8 Warranty
If the goods have defects, US-SPORTS DISTIRIBUTION reserves the right to either fix this defects within a reasonable period of time or to carry out a replacement delivery. In case the repair of deficiencies does not succeed after the second complaint or a replacement delivery is not carried out within 4 weeks from receipt of the complaint, the customer has the right to either cancel his order or to claim a reduction of the purchase price.
US-SPORTS DISTIRIBUTION provides a 2 year warranty for defects on its products beginning from receipt of the goods. In case of corporate customers US-SPORTS DISTIRIBUTION provides a one year warranty. The warranty does not include defects which are caused by normal use, inappropriate use, absence of care or false care.
The remedy of defects by a third party is possible after confirmation of US-SPORTS DISTIRIBUTION only.
§ 9 On Customer’s Behalf Produced or Changed Goods
The Right of Cancellation and Return for Distance Selling Contracts stated under §7 does not include on customer’s behalf produced or changed goods. A return or cancellation of these products is excluded.
For designs which are produced on customer’s behalf, the customer is obliged to check for copyrights and titles, and to obtain permission for the production of these designs.
By placing his order the customer confirms to have all copyrights or permissions for the production of ordered designs!
§ 10 Terms of Payment
The total purchase amount is payable by the customer on delivery at the latest. If nothing else is agreed by written form, the total purchase amount is to be paid in advance. The payment has to be effected by a method of payment stated in the order process of the online store. The total purchase amount is the sum of the values of the purchased goods plus all additional costs (such as postage costs).
§ 11 Shipment
Normally, US-SPORTS DISTRIBUTION delivers to all countries of the European Union (except oversea territories/departments and islands).
In the majority of cases, US-SPORTS DISTRIBUTION effects shipments of ordered goods within 48 hours after receipt of payment – if the ordered goods are located in the warehouse of US-SPORTS DISTRIBUTION.
The cost of shipment & packaging is borne by the customer. Within Germany these costs are EUR 4,90. Outside of Germany these costs are EUR 8,80.
US-SPORTS DISTRIBUTION is authorised to effect partial shipment. Additional costs of partial shipments are borne by US-SPORTS DISTRIBUTION.
Cash on Delivery inside or outside Germany is excluded.
§ 12 Severability Clause
If individual provisions of this contract are or become in part or in full invalid, this will not affect the validity of the remaining provisions.
The parties to the contract agree to replace the invalid provisions with valid provisions, which correspond to the economic objectives of the parties the best. The same applies in case this contract is not complete.
§ 13 Law of the Federal Republic of Germany
All concluded transactions between US-SPORTS DISTRIBUTION and its customers are subject to the Laws of the Federal Republic of Germany, and exclude the United Nations Convention on Contracts for the International Sale of Goods.
§ 14 Provider Identification
Nikolas Y. Caumanns
22767 Hamburg, Germany
Phone: +49/(0)40/35 96 79 70
Fax: +49/(0)40/35 96 79 68
Value-Added Tax Identification Number: DE253447195