General terms and conditions of business

Planet 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 products displayed in the online shop constitute a non-binding online catalogue rather than a legally binding product range.

By entering your personal data and clicking on the order button in the next stage of the order process, you place a binding order for the selected goods. Before you complete the order process, you will be shown a confirmation window with details of your order. In this window, you can check your details again and correct them if necessary. Confirmation of receipt of your order will be e-mailed to you immediately after submitting your order. However, this does not yet constitute acceptance of your order. It merely serves to inform you that we have received the order. The purchase contract shall not come into being until the goods ordered have been delivered or Planet Sports clubsale has confirmed the order in another e-mail.

Your contractual partner is

Planet Sports GmbH,
Flößergasse 4,
81379 Munich,
represented by managing directors Marcel Peters, Sven Horstmann and Dr. Henner Schwarz,
Commercial register: Munich District Court, HRB 167554

Member care services:
Planet Sports GmbH, - Planet Sports clubsale -, Machtlfinger Strasse 27, 81379 Munich

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.

5. Returns
_____________________________________________________________________________

RIGHT OF RETURN

You can return the received goods without giving reasons within 21 days by returning said goods. These return instructions will be conveyed in text form in a separately sent notice following your order placement. The period for returning goods begins at the earliest with the receipt of the instruction for the right of withdrawal in text form (e.g. in a letter, fax or e-mail) but not before the receipt of the item (in case of periodical delivery of the same item not before the receipt of the first delivery) and not before complying with our information duty according to art. 246 sec. 2 in conjunction with sec. 1 subsection. 1 and 2 EGBGB (Introductory Act to the German Civil Law) and also not before complying with our duties according to sec. 312g, subs. 1, clause 1 BGB (German Civil Law) in conjunction with art. 246 sec. 3 EGBGB. You can place your return request in text form only in case of non package transportable items (e.g. bulky goods). To ensure keeping the term, send the goods or your return request within the term. The return will be made by all means at seller's risk and expense.

Please send the goods or your return request to:

Planet Sports GmbH
Planet Sports clubsale
Machtlfinger Straße 27
81379 München

Fax: 089 / 321649 - 150
E-mail: support@clubsale.com

RETURN CONSEQUENCES

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

Goods shall be delivered to the delivery address you have specified. If possible, you shall receive your order in a single consignment via DHL. If, for technical or logistical reasons (e.g. because your order contains articles which have to be packed separately or transported differently), a separate consignment is necessary, no additional costs on your part will be incurred as a result. The delivery time depends on the payment method you have chosen. If you pay by collect on delivery or credit card, the following applies: If you order by 12:00 noon Monday to Saturday, your goods will be dispatched that same day. Otherwise, your goods will be dispatched the next working day. Deliveries by DHL take approx. 2-3 working days to addresses within Germany and up to a week to addresses abroad. If you pay in advance, the times given apply only from the point when we actually receive your payment.

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.

8. Payment

Planet Sports clubsale allows you to choose from the following payment methods:

Advance payment
You transfer the invoice amount to our account after ordering:

Recipient: Planet Sports GmbH
Account number: 100068055
Sort code: 70093200
VR-Bank Starnberg-Herrsching-Landsberg

For international transfers:
IBAN: DE49700932000100068055
BIC: GENODEF1STH

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 only!)
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.

9. Reservation of ownership

The goods shall remain the property of Planet Sports clubsale until the purchase price has been paid in full.

10. Warranty

In the event that the goods delivered are defective, your statutory rights shall apply. However, the special provisions set out in section 11 shall apply to any claims for compensation.

Specifically, your rights are as follows: The warranty period is two years and begins when the goods are delivered. During this period, all defects which come under the statutory warranty obligations shall be rectified free of charge. Should you need to make a warranty claim, you as the customer shall initially be entitled to demand subsequent performance (either rectification of the defects or a replacement delivery). If subsequent performance in the form you have chosen is not possible or is possible only with disproportionately high costs, your entitlement shall be limited to the other form of subsequent performance. If this other form is not possible or is possible only with disproportionately high costs, Planet Sports clubsale shall be entitled to refuse subsequent performance. In this case or in the event that subsequent performance is unsuccessful, you shall be entitled to demand a reduction in the purchase price or to rescind the contract in accordance with statutory regulations.

In the event of a warranty claim or if you have any questions, please contact:

Planet Sports GmbH
Planet Sports clubsale
Machtlfinger Straße 27
81379 München

Fax: 089 / 321649 - 150
E-mail: support@clubsale.com

11. Liability

Planet Sports clubsale's liability shall be unlimited in the event of wilful intent and gross negligence. In the event of slight negligence, however, this shall be the case only if damages are the result of an infringement of fundamental contractual obligations. Contractual obligations are deemed to be of fundamental importance if compliance with these obligations is essential for the proper execution of the contract and if the contractual partner legitimately trusts in compliance with them, for example the obligation to deliver the goods properly.

In the event that Planet Sports clubsale is liable owing to a negligent infringement of a fundamental contractual obligation, its liability shall be limited to the predictable damages typical for such contracts, i.e. to damages which Planet Sports clubsale predicted as a possible consequence of a contractual infringement when the contract was concluded, or which Planet Sports clubsale must have expected, taking into account the circumstances which were known or should have been known to Planet Sports clubsale when the contract was concluded.

The abovementioned limitations to liability shall not apply in the event of personal injury, if the product has guaranteed properties or features or if a claim in accordance with the German Product Liability Law can be made.

If Planet Sports clubsale's liability is excluded or limited, the same shall apply to the liability of its organs, legal representatives, employees and other vicarious agents. Planet Sports clubsale accepts no liability for network faults for which it is not responsible, for example temporary system faults resulting from force majeure.

12. 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.

13. 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.

14. 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.

15. Miscellaneous

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: 07.07.2011

Print view (you will need 'Acrobat Reader' to view the T&Cs. It can be downloaded free of charge from Adobe.)