Contents

Scope of Applicability

Contract Conclusion

Right of Cancellation

Prices and Payment Terms

Payment Methods and Payment Process

Terms and Conditions of Delivery and Dispatch

Retention Of Title

Liability for Defects (Warranty)

Redemption of Promotional Vouchers

Redemption of Gift Vouchers

Applicable Law

Court of Jurisdiction

Alternative Dispute Resolution

 

1) Scope of Applicability

1.1 These General Terms and Conditions (hereinafter "T&Cs") of FLEXI-SPORTS GmbH (hereinafter "Seller"), apply for all contracts on the supply of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods offered by the Seller in their online shop. The incorporation of the Customer’s own terms is herewith contradicted, unless otherwise agreed.

1.2 For contracts on the supply of vouchers, these T&Cs apply accordingly, unless otherwise expressly set out.

1.3 Consumers within the meaning of these T&Cs are any natural persons that conclude a legal transaction for purposes that are mainly attributed neither to their commercial nor their self-employed activity. Entrepreneurs within the meaning of these T&Cs are a natural or legal person or a legally responsible business partnership that is acting in exercise of their commercial or self-employment when concluding a legal transaction.

 

2) Contract Conclusion

2.1 The product descriptions contained in the Seller’s online shop are not binding offers by the Seller, but are rather intended for submission of a binding offer from the Customer.

2.2 The Customer can submit the offer using the online order form integrated into the Seller’s online shop. In the process, after placing the selected goods in the virtual shopping basket and going through the electronic order process, the Customer will submit a legally binding contractual offer related to the goods contained in the shopping basket by clicking on the button to conclude the order process.

2.3 The Seller can accept the Customer’s offer within five days

by sending the Customer a written order confirmation or an order formation in text form (fax or email), with receipt of the order confirmation by the Customer being decisive, or

by delivering the ordered goods to the customer, with receipt of the goods by the Customer being decisive, or

by prompting the Customer to make payment after submitting their order.

If several of the above alternatives are available, the contract will come into effect at the time that one of the above alternatives occurs first. The notice period for accepting the offer begins on the day after the Customer submits the offer and ends with expiry of the fifth day following submission of the offer. If the Seller does not accept the Customer’s offer within the specified period, this will be considered a rejection of the offer, with the result that the Customer is no longer tied to their declaration of intent.

2.4 When submitting an offer via the Seller’s online order form, the contractual text is saved by the Seller and sent to the Customer after submitting their order along with the current T&Cs in text form (e.g. email, fax or letter). In addition, the contractual text is archived on the Seller’s website and can be accessed by the Customer free of charge via their password-protected customer account using the corresponding login information if the Customer has created a customer account in the Seller’s online shop before submitting their order.

2.5 Before binding submission of the order via the Seller’s online order form, the Customer can recognise any possible input errors by carefully reading the information shown on the screen. An effective technical means of better detecting input errors may be the magnification function of the browser, which can help to magnify the display on the screen. The Customer can correct their entries as part of the electronic order process using the usual keyboard and mouse functions until they have clicked on the button to complete the order process.

2.6 Contract conclusion is only available in German.

2.7 The order process and contact initiation usually take place by email and automated order processing. The Customer must ensure that the email address provided by them for order processing is valid to ensure that emails sent by the Seller to this address can be received. In particular, the Customer must ensure that their use of spam filters allows all emails sent by the Seller or third parties contracted with order handling can be sent.

 

3) Right of Cancellation

3.1 Consumers are generally entitled to a right of cancellation.

3.2 Further information on the right of cancellation can be found in the Seller’s cancellation policy.

 

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller’s product description, the prices stated are total prices including the statutory VAT. If necessary, any delivery and dispatch costs accrued will be stated separately in the respective product description.

4.2 The payment method(s) will be displayed to the Customer in the Seller’s online shop.

 

5) Payment Methods and Payment Process

5.1 We work together with Stripe to process all payment methods. Stripe is an offer from Stripe, Inc. 354 Oyster Point Boulevard

South San Francisco, California, 94080, USA.

5.2 Purchase on Account

You can easily pay on account in our online shop. After the order process, you will receive our bank details and the purpose by email as well as the printed invoice enclosed with delivery. Only make transfers to the account specified and enter the purpose correctly to ensure that the payments can be assigned correctly. If you opt for purchase on account, your data (in particular your name and your contact information) may be forwarded to Creditreform Boniversum GmbH, Hellersbergstrasse 11, 41460 Neuss for a credit check. If this check does not yield the desired result, as, for example, the data cannot be clearly assigned, we will automatically offer you other available payment methods. The information according to Art. 14 of the EU General Data Protection Regulation on the data processing taking place at Creditreform Boniversum GmbH can be found here: www.boniversum.de/EU-DSGVO In the event of any returns, the corresponding amount will be credited to the bank account from which the transfer was initiated.

5.3 Credit Card

You can use your credit card to make easy and secure payments in our online shop. We accept the following credit cards: VISA and MasterCard. Please select the corresponding card during the buying process and enter the required data in the fields provided. Credit card information will be transmitted in encrypted form via SSL. You can recognise this by the "https" in the address bar in your browser on the payment pages. This makes shopping with us using your credit card very secure. To increase security when paying by credit card, we use the 3D-Secure credit card security method. This method is known as Verified by VISA with VISA cards and Master Card Secure Code with MasterCard cards. If your credit card is compatible with 3D-Secure, you will be redirected to your bank automatically. There, you can confirm the transaction by entering your personal SecureCode and your password. If you haven’t yet registered your credit card for the 3D-Secure method, you can do this during the payment process. After 3D-Secure authentication, you will automatically be redirected to the shop. In the event of any returns, the corresponding amount will be credited to the charged credit card.

5.4 SOFORT Überweisung

You can use SOFORT Überweisung to make payments in our online shop. SOFORT Überweisung is the online transfer method offered by SOFORT GmbH

Once you have selected SOFORT Überweisung as your payment method and confirmed the order, you will be redirected to SOFORT. There, you can perform the online transfer using your online banking data or your PIN and a TAN. SOFORT Überweisung represents the highest standard of security in online banking and comes with TÜV-verified data protection. In the event of returns, the credit amount will be reimbursed to your bank account.

5.5 PayPal

You can use PayPal to make payments in our online shop. After you have chosen PayPal as your payment method, you will be redirected to PayPal. There, you can perform authentication using your PayPal username and password. If you do not yet have a PayPal account, you can register with PayPal. In the event of any returns, the amount will be credited to your PayPal account.

 

6) Terms and Conditions of Delivery and Dispatch

6.1 The delivery of goods will take place by post to the delivery address specified by the Customer, unless agreed otherwise. When processing the transaction, the delivery address specified in the Seller’s order process is decisive.

6.2 If the transport company returns the dispatched goods to the Seller on account of delivery to the Customer not being possible, the Customer will bear the costs for the fruitless dispatch. This does not apply if the Customer exercises his right of cancellation effectively, if he is not responsible for the circumstances leading to the inability to deliver or if he was temporarily prevented from accepting the service offered, unless the Seller had announced the service to him an appropriate time beforehand.

6.3 Customer pick-up is not possible for logistics reasons.

6.4 Vouchers can be sent to the Customer by post or email depending on the type of voucher.

 

7) Retention Of Title

If the Seller performs first, he will reserve ownership of the delivered goods until full payment of the purchase price owed.

 

8) Liability for Defects (Warranty)

8.1 If the purchased item is defective, the provisions of statutory liability for defects will apply.

8.2 The Customer is requested to make a complaint about the delivered goods with obvious transport damage and to inform the Seller of this. If the Customer does not fulfil this, this will not have any kind of effects on his legal or contractual claims for defects.

 

9) Redemption of Promotional Vouchers

9.1 Vouchers issued by the Seller free of charge during marketing campaigns with a limited period of validity and which cannot be purchased by the Customer (hereinafter "promotional vouchers") can only be redeemed in the Seller’s online shop and only during the period specified.

9.2 Individual products may be excluded from the voucher campaign if the content of the promotional voucher stipulates a corresponding restriction.

9.3 Promotional vouchers can only be redeemed before completing the order process. Later invoicing is not possible.

9.4 Only one promotional voucher can be redeemed per order.

9.5 The value of the goods must be at least the same as the promotional voucher. Any remaining credit will not be reimbursed by the Seller.

9.6 If the value of the promotional voucher is not sufficient to cover the order, one of the usual payment methods offered by the Seller can be chosen to settle the difference.

9.7 The balance of a promotional voucher is neither paid out in cash nor given interest.

9.8 The promotional voucher will not be reimbursed if the Customer returns the goods that he paid for partially or in whole with the promotional voucher as part of their statutory right of cancellation.

9.9 The promotional voucher is transferable. The Seller can exempt the respective holder that redeems the promotional voucher in the Seller’s online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the non-authorisation, legal incapacity or missing representation authorisation of the respective holder.

 

10) Redemption of Gift Vouchers

10.1 Vouchers which have been purchased via the Seller’s online shop can (hereinafter "Gift vouchers") can only be redeemed in the Seller’s online shop, unless stated otherwise on the voucher.

10.2 Gift vouchers and residual credit of gift vouchers must be redeemed until the end of third year after the voucher is purchased. Remaining balance will be credited to the Customer until the expiry date.

10.3 Gift vouchers can only be redeemed before completing the order process. Later invoicing is not possible.

10.4 Only one gift voucher can be redeemed per order.

10.5 Gift vouchers can only be used for purchasing goods and not for purchasing further gift vouchers.

10.6 If the value of the gift voucher is not sufficient to cover the order, one of the usual payment methods offered by the Seller can be chosen to settle the difference.

10.7 The balance of a gift voucher is neither paid out in cash nor given interest.

10.8 The gift voucher is transferable. The Seller can exempt the respective holder that redeems the gift voucher in the Seller’s online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the non-authorisation, legal incapacity or missing representation authorisation of the respective holder.

 

11) Applicable Law

The law of the Federal Republic of Germany applies for all legal relationships, to the exclusion of the Convention on the International Sales of Goods. In the case of consumers, this legal choice will only apply to the extent that the protection granted is stripped by the law of the state in which the consumer has their usual residence.

 

12) Court of Jurisdiction

If the Customer is acting as a salesperson, legal person of public law or public-legal special asset based in the territory of the Federal Republic of Germany, the exclusive court of jurisdiction for all disputes arising from this contract is the Seller’s business headquarters. If the Customer has their headquarters outside of the territory of the Federal Republic of Germany, the Seller’s business headquarters will be the exclusive court of jurisdiction for all disputes arising from this contract if the contract or claims from the contract can be attributed to the professional or commercial activity of the Customer. In the above cases, however, the Seller is entitled to call the court at the Customer’s headquarters in all cases.

 

13) Alternative Dispute Resolution

13.1 The EU Commission provides an internet platform for online dispute resolution under the following link: https://ec.europa.eu/consumers/odr

This platform is intended as a point of contact for out-of-court resolution of disputes arising from online purchasing or service contracts which a consumer is involved in.

13.2 The Seller is neither obligated nor prepared to take part in a dispute resolution procedure before a consumer arbitration body.