General terms and conditions of businessPlanet Sports clubsale / www.clubsale.com
1. Subject and scope
The company Planet Sports GmbH (hereinafter referred to as Planet Sports clubsale) operates an Internet community (URL http://www.clubsale.com) with an online shop for the sale of sports goods, clothing and accessories to end consumers.
The following general terms and conditions of business shall apply exclusively to the business relationship between Planet Sports clubsale and the customer. Planet Sports clubsale shall not recognise any other terms and conditions provided by the customer or third parties, unless it expressly agreed to do so in writing.
2. Services and availability
The online shop allows you to order sports equipment, items of clothing and accessories for private use as part of limited sales promotions.
The goods on offer are aimed exclusively at consumers (§ 13 of the German Civil Code (BGB)). Orders for commercial purposes are prohibited. Goods are sold in the usual trade quantities only.
We deliver exclusively to addresses in the following countries:
Germany, Austria, Great Britain, Ireland, Hungary, Spain, Liechtenstein, Finland, France, Luxembourg, Greece, Italy, the Netherlands, Denmark, Switzerland, Poland, Sweden, Belgium, Portugal, the Czech Republic, Slovakia, Cyprus, Latvia, Estonia, Malta, Gibraltar, Slovenia, Norway and Lithuania.
3. Conclusion of contract / order process
The presentation of products in the Online Shop does not create a legally binding offer but merely constitutes a non-binding online catalogue.
By clicking the "Buy" button you are making a legally binding order. You will receive an immediate automated confirmation via e-mail detailing the receipt of your order. The purchase contract is only valid if confirmed by another e-mail explaining that the order has been shipped or if the order is dispatched. Before conclusion of the order transaction you will have access to a confirmation window showing the details of your order. With this window you can review and correct your entries.
Immediately after submitting your order you will receive an e-mail confirmation of its receipt (order confirmation). However, this does not constitute acceptance of your order but merely is to inform you that we have received your order. A sales contract is entered into when Planet Sports clubsale sends an additional e-mail confirming shipment of the goods (shipment confirmation) or that confirms the order. Your contract partner is Planet Sports GmbH.
At any time after submitting your order you can view order data at "My Account".
4. Saving of the contractual text
You have the option of printing out your order and the details you have entered during the order process. Your order will also be saved along with the order data entered. You can view your order details by visiting www.clubsale.com and selecting 'My account'. We will also send an order confirmation and dispatch confirmation with your order details to the e-mail address you have given.
As a consumer [any natural person who enters into a contract for a purpose that cannot be attributed to either their commercial or independent professional activity, § 13 BGB (Bürgerliches Gesetzbuch = German Civil Code)] you have the right to return products you receive as stated below. In contrast to the statutory time period for making returns, which is 14 days, we allow you 21 days.
RIGHT OF RETURN
You can return the received goods without providing any reasons therefore within 21 days by simply sending them back. The time period begins after receiving these instructions in text form (e.g. as letter, fax, email) but not before the recipient receives the goods (for repeated delivery of similar goods not before receipt of the first partial delivery) and not before we fulfil our information obligations in accordance with Article 246 § 2 in combination with § 1 Par. 1 and 2 EGBGB (Einführungsgesetz zum Bürgerlichen Gesetzbuch = Introductory Act to the German Civil Code) as well as our duties under § 312g Par. 1 Sentence 1 BGB (Bürgerliches Gesetzbuch = German Civil Code) in combination with Article 246 § 3 EGBGB. You can only ask that goods that cannot be sent as a parcel (e.g. bulky goods) be picked up by making a request to this effect in text form. To remain within the time period it is sufficient to return the goods or make a request that they be taken back in a timely fashion. In all cases we bear the cost and risk of return. The return or the request that the goods be taken back is to be sent to:
Request to take back goods (address for service):
Planet Sports GmbH, Flößergasse 4, 81369 Munich
Fax: +49 89 / 321649 - 150
Please follow the country-specific return informations.
In the event of an effective return, the goods and payments received by both parties must be returned and if applicable any benefits derived must be restored. In the case of deterioration of the goods and for utilization (e.g. benefits of use) that cannot be returned to us in full or in part or only in an impaired condition, you are obliged to pay us compensation for lost value. You are only obliged to pay us compensation for lost value for deterioration of the goods and received benefits in as far as the utilization or deterioration is exclusively due to the features and correct functioning of the goods having been examined. "Examination of the features and function" is defined as testing and trying out of the respective goods in such a way as would be possible and common practice in a shop. The duty of restitution shall be fulfilled within 30 days. The period commences for the buyer after returning the item or sending the return request, and it begins for Planet Sports after receiving said item.
EXCLUSION OF RIGHT OF RETURN:
Right of return or cancellation shall not be applied to distance contracts to supply audio- or videotaping or software as far as they have been unsealed.
END OF THE RETURNS NOTICE
6. Delivery / transport
Delivery will take place at the delivery address you have provided.
When possible you will receive your order in a single shipment. If separate shipments are necessary due to technical or logistical reasons, e.g. because the items you have ordered must be packed separately or shipped differently, this will not give rise to any additional costs on your part.
In the case of prepayment the delivery times provided are based upon payment of the money into our bank account.
7. Prices and shipping costs
The prices given when you place your order apply. These prices are in euros and include statutory value added tax charged at the rate currently in force. None of the prices given include shipping costs. For details of shipping costs, please see our terms and conditions of shipping.
Planet Sports clubsale allows you to choose from the following payment methods:
You transfer the invoice amount to our account after ordering:
For Transfers Within Germany:
Recipient: Planet Sports GmbH
Account Number: 100068055
Sort Code: 70093200
For International Transfers:
Recipient: Planet Sports GmbH
Our bank details will also be given in your order confirmation.
Payment by instant transfer (for deliveries to addresses within Germany only!)
You transfer the invoice amount while ordering using the free, TÜV-certified instant transfer payment system. To do this, you will need your e-banking access data, i.e. bank details, account number.
Payment by credit card
We accept the following credit cards: Visa, MasterCard and American Express. When you place an order, your credit card account will be debited with the invoice amount.
Payment by PayPal
In addition, you can choose payment using the PayPal system which also offers a secure, simple and quick method of payment.
Payment by Collect on Delivery (for deliveries to addresses within Germany and Italy!)
In Germany: You pay DHL directly in cash upon receipt of the goods. In addition to the shipping costs (section 7), a collect on delivery fee of 5.50 € (3.50 € collect on delivery + 2.00 € delivery fee) is charged. In Italy: You pay Bartolini directly in cash upon receipt of the goods. In addition to the shipping costs (section 7), a collect on delivery fee of 4.00 € is charged.
9. Reservation of ownership
The goods shall remain the property of Planet Sports clubsale until the purchase price has been paid in full.
In the event that the goods delivered are defective, your statutory rights shall apply.
11. Links / copyright
If Planet Sports clubsale offers links to other websites, Planet Sports clubsale explicitly points out that it can accept no responsibility for this external content. At the time the links were placed, the linked websites were checked for possible legal infringements, with no recognisable infringements being found. However, we cannot reasonably be expected to monitor the linked pages on a permanent basis unless there is specific evidence of a legal infringement. If any legal infringements are identified, Planet Sports clubsale will of course remove the relevant links immediately.
Content, in particular images, texts, designs etc., which is protected by copyright may not be used or, in particular, reproduced or published in any other way, without prior written permission from Planet Sports clubsale.
12. Data protection and security
Your order and the order data you have entered will be saved by Planet Sports clubsale.
Any data collected by Planet Sports clubsale will be used and processed exclusively in line with current data protection legislation and in accordance with our data protection regulations.
All personal data such as your address or credit card details are sent using 256-bit SSL encryption.
13. Applicable law
The law of the Federal Republic of Germany shall apply. The UN Convention on Contracts for the International Sale of Goods shall not apply, unless mandatory international consumer protection legislation specifies otherwise.
The contractual language is German.
In the event that individual provisions are or become ineffective, this shall not otherwise affect the validity of the remaining provisions.
Last updated: 31.07.2012
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