General terms and conditions with customer information

1. Scope of Application

2. Formation of the Contract

3. Right of Withdrawal

4. Prices and Payment Terms

5. Delivery and Shipping Terms

6. Retention of Title

7. Liability for Defects (Warranty)

8. Liability

9. Redemption of Promotional Vouchers

10. Redemption of Gift Vouchers

11. Applicable Law

12. Place of Jurisdiction

13. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter “GTC”) of Sporthunger GmbH (hereinafter “Seller”) apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter “Customer”) concludes with the Seller in respect of the goods presented by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 These GTC shall apply accordingly to contracts for the delivery of vouchers, unless otherwise expressly agreed.

1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that predominantly can be attributed neither to their commercial nor their independent professional activity.

1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Formation of the Contract

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers on the part of the Seller, but rather serve to enable the Customer to submit a binding offer.

2.2 The Customer may submit their offer via the online order form integrated into the Seller’s online shop. In doing so, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process.

2.3 The Seller may accept the Customer’s offer within five days by:

• sending the Customer a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the order confirmation by the Customer shall be decisive, or

• delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer shall be decisive, or

• requesting payment from the Customer after they have submitted their order.

If several of the above alternatives apply, the contract shall be formed at the time at which one of the above alternatives occurs first. The period for accepting the offer begins on the day after the Customer sends the offer and ends at the end of the fifth day following the day on which the offer was sent. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.

2.4 When selecting a payment method offered by PayPal, payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter “PayPal”), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full or — if the Customer does not have a PayPal account — subject to the Terms for Payments Without a PayPal Account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the Customer pays by means of a payment method offered by PayPal that is selectable in the online ordering process, the Seller hereby declares acceptance of the Customer’s offer at the moment the Customer clicks the button that concludes the ordering process.

2.5 When ordering via the Seller’s online order form, the contract text is stored by the Seller after the contract is concluded and sent to the Customer in text form (e.g. email, fax or letter) after the order is submitted. The Seller shall not make the contract text accessible beyond this. If the Customer has set up a user account in the Seller’s online shop before submitting their order, the order data shall be archived on the Seller’s website and can be retrieved by the Customer free of charge via their password-protected user account by providing the corresponding login data.

2.6 Before submitting the binding order via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors may be the browser’s magnification function, which enlarges the display on the screen. The Customer can correct their entries as part of the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.

2.7 Different languages are available for concluding the contract. The specific choice of language is displayed in the online shop.

2.8 Order processing and contact are usually carried out by email and automated order processing. The Customer must ensure that the email address they provide for order processing is correct, so that the emails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered.

3) Right of Withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller’s withdrawal instructions.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices that include statutory value-added tax. Any additional delivery and shipping costs are indicated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for money transfers by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also arise in relation to money transfers if the delivery is not made to a country outside the European Union but the Customer makes payment from a country outside the European Union.

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

4.4 When selecting a payment method offered via the payment service “PayPal”, payment processing is carried out by PayPal, whereby PayPal may also use the services of third-party payment service providers for this purpose. If the Seller also offers payment methods via PayPal in which they make advance payment to the Customer (e.g. invoice purchase or instalment payment), they assign their payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the Customer. Before accepting the Seller’s assignment declaration, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the transmitted customer data. The Seller reserves the right to refuse the Customer the selected payment method in the event of a negative check result. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, they can only make payment with debt-discharging effect to PayPal or the payment service provider commissioned by PayPal. However, even in the event of an assignment of claims, the Seller remains responsible for general customer inquiries, e.g. regarding the goods, delivery time, dispatch, returns, complaints, declarations of withdrawal and returns, or credit notes.

4.5 When selecting the payment method “Sofortüberweisung”, payment processing is carried out by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter “Klarna”). In order to be able to pay the invoice amount via “Sofortüberweisung”, the Customer must have an online banking account activated for participation in “Sofortüberweisung”, identify themselves accordingly during the payment process, and confirm the payment instruction. The payment transaction is then carried out immediately by Klarna and the Customer’s bank account is debited. Further information on the payment method “Sofortüberweisung” can be found by the Customer on the Internet at https://www.klarna.com/sofort/.

4.6 When selecting a payment method offered via the payment service “Shopify Payments”, payment processing is carried out by Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland (“Shopify”). The individual payment methods offered via Shopify Payments are communicated to the Customer in the Seller’s online shop. Shopify may use additional payment services to process payments, for which special payment terms may apply; the Customer will be notified of these separately if applicable. Further information on “Shopify Payments” is available on the Internet at https://www.shopify.com/legal/terms-payments/de.

4.7 When selecting a payment method offered via the payment service “Klarna”, payment processing is carried out by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter “Klarna”). Further information and Klarna’s terms and conditions can be found here:

https://www.sporthunger.de/pages/klarna-zahlung

5) Delivery and Shipping Terms

5.1 If the Seller offers to ship the goods, delivery shall take place within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller’s order processing shall be decisive. Notwithstanding the foregoing, if the payment method PayPal is selected, the delivery address stored by the Customer with PayPal at the time of payment shall be decisive.

5.2 If delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This shall not apply with respect to the costs of shipment if the Customer effectively exercises their right of withdrawal. With regard to return shipping costs, if the Customer effectively exercises the right of withdrawal, the provision made in the Seller’s withdrawal instructions shall apply.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the Customer as soon as the Seller has delivered the item to the freight forwarder, the carrier or any other person or institution designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods shall generally only pass upon handover of the goods to the Customer or a person authorised to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the sold goods shall also pass to the Customer, even in the case of consumers, as soon as the Seller has delivered the item to the freight forwarder, the carrier or any other person or institution designated to carry out the shipment, if the Customer has commissioned the freight forwarder, the carrier or the other person or institution designated to carry out the shipment and the Seller has not previously named this person or institution to the Customer.

5.4 If the Customer acts as a consumer with a place of residence in Germany or as an entrepreneur, the Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This shall only apply, however, if the non-delivery is not the Seller’s fault and if the Seller has, with due diligence, concluded a specific hedging transaction with the supplier. The Seller shall make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer shall be informed without delay and the consideration shall be refunded without delay.

5.5 If the Seller offers the goods for collection, the Customer may collect the ordered goods within the business hours specified by the Seller at the address specified by the Seller. In this case, no shipping costs will be charged.

5.6 Vouchers are provided to the Customer as follows:

• by email

6) Retention of Title

If the Seller makes advance payment, they reserve title to the delivered goods until the purchase price owed has been paid in full.

7) Liability for Defects (Warranty)

Unless otherwise stipulated in the following provisions, the statutory provisions on liability for defects shall apply. Deviating from this, the following applies to contracts for the delivery of goods:

7.1 If the Customer acts as an entrepreneur,

• the Seller shall have the choice of the type of subsequent performance;

• for new goods, the limitation period for claims for defects is one year from delivery of the goods;

• for used goods, claims for defects are excluded;

• the limitation period shall not begin anew if a replacement delivery is made within the scope of liability for defects.

7.2 The limitations of liability and shortening of time limits regulated above shall not apply

• to claims for damages and reimbursement of expenses by the Customer,

• in the event that the Seller has fraudulently concealed the defect,

• to goods that have been used for a building in accordance with their usual manner of use and have caused its defectiveness,

• to any obligation of the Seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.

7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any statutory right of recourse shall remain unaffected.

7.4 If the Customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), they shall be subject to the commercial duty of inspection and notification pursuant to Section 377 HGB. If the Customer fails to comply with the notification obligations regulated therein, the goods shall be deemed to have been approved.

7.5 If the Customer acts as a consumer, they are requested to complain about delivered goods with obvious transport damage to the deliverer and to notify the Seller thereof. If the Customer fails to do so, this shall have no effect whatsoever on their statutory or contractual claims for defects.

8) Liability

The Seller shall be liable to the Customer under all contractual, quasi-contractual and statutory claims, including tort claims, for damages and reimbursement of expenses as follows:

8.1 The Seller shall be liable without limitation on any legal grounds

• in the event of intent or gross negligence,

• in the event of intentional or negligent injury to life, body or health,

• on the basis of a guarantee promise, unless otherwise regulated in this regard,

• on the basis of mandatory liability such as under the Product Liability Act.

8.2 If the Customer acts as a consumer with a place of residence in Germany or as an entrepreneur, the following limitations of liability apply:

If the Seller negligently breaches a material contractual obligation, their liability shall be limited to the foreseeable damage typical for the contract, unless they are liable without limitation pursuant to the preceding paragraph. Material contractual obligations are obligations that the contract imposes on the Seller according to its content to achieve the purpose of the contract, the fulfilment of which enables the proper performance of the contract in the first place, and on the observance of which the Customer may regularly rely. Otherwise, the Seller’s liability is excluded, unless they are liable without limitation pursuant to the preceding paragraph.

8.3 The above liability provisions shall also apply with regard to the Seller’s liability for their vicarious agents and legal representatives.

9) Redemption of Promotional Vouchers

9.1 Vouchers issued free of charge by the Seller in the context of promotional campaigns with a specific 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 within the specified period.

9.2 Promotional Vouchers can only be redeemed by consumers.

9.3 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the Promotional Voucher.

9.4 Promotional Vouchers can only be redeemed before the ordering process is completed. Subsequent offsetting is not possible.

9.5 Multiple Promotional Vouchers may also be redeemed in one order.

9.6 If the Promotional Voucher relates to a specific value and not to a percentage price reduction, the value of the goods must at least equal the amount of the Promotional Voucher. Any remaining balance will not be refunded by the Seller.

9.7 If the value of the Promotional Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be selected to settle the difference.

9.8 The balance of a Promotional Voucher will neither be paid out in cash nor bear interest.

9.9 The Promotional Voucher will not be refunded if the Customer returns the goods paid for in whole or in part with the Promotional Voucher in the exercise of their statutory right of withdrawal.

9.10 The Promotional Voucher is intended only for use by the person named on it. Transfer of the Promotional Voucher to third parties is excluded. The Seller is entitled, but not obliged, to verify the substantive entitlement of the respective voucher holder.

10) Redemption of Gift Vouchers

10.1 Vouchers that can be purchased via the Seller’s online shop (hereinafter “Gift Vouchers”) can only be redeemed in the Seller’s online shop, unless otherwise stated on the voucher.

10.2 Gift Vouchers and remaining balances of Gift Vouchers are redeemable until the end of the third year following the year of voucher purchase. Remaining balances will be credited to the Customer until the expiry date.

10.3 Gift Vouchers can only be redeemed before the ordering process is completed. Subsequent offsetting is not possible.

10.4 Gift Vouchers can only be used for the purchase of goods and not for the purchase of further Gift Vouchers.

10.5 If the value of the Gift Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be selected to settle the difference.

10.6 The balance of a Gift Voucher will neither be paid out in cash nor bear interest.

10.7 The Gift Voucher is intended only for use by the person named on it. Transfer of the Gift Voucher to third parties is excluded. The Seller is entitled, but not obliged, to verify the substantive entitlement of the respective voucher holder.

11) Applicable Law

All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.

12) Place of Jurisdiction

If the Customer acts as a merchant, a legal entity under public law or a special fund under public law with a place of business in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Seller’s place of business. If the Customer has their place of business outside the territory of the Federal Republic of Germany, the Seller’s place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the Customer’s professional or commercial activity. In the aforementioned cases, however, the Seller shall in any case be entitled to bring proceedings before the court at the Customer’s place of business.

13) Alternative Dispute Resolution

The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

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