Terms of service
Effective date: August 02, 2021
Table of Contents
2. Contract conclusion
3. Right of withdrawal
4. Prices and terms of payment
5. Delivery and shipping conditions
6. Removal of title
7. Liability for defects (warranty)
8. Special conditions for the processing of goods according to certain requirements of the customer
9. Removal of action vouchers
10. Redeem of gift vouchers
11. Applicable law
12th place of jurisdiction
13. Alternative dispute resolution
1.1 These general terms and conditions (hereinafter "AGB") of Baller Sporting Goods GmbH (hereinafter "seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "customer") with the seller with regard to the seller in Complete goods shown to its online shop. This contradicts the inclusion of the customer's own conditions, unless something else has been agreed.
1.2 For contracts for the delivery of vouchers, these terms and conditions apply accordingly, provided that there is not somewhat deviating.
1.3 Consumers within the meaning of this terms and conditions is every natural person who concludes a legal transaction for purposes that can mostly be attributed to their commercial nor their independent professional activity.
1.4 Entrepreneurs within the meaning of this GTC is a natural or legal person or a legal partnership that acts in the exercise of their commercial or independent professional activity when the legal transaction is concluded.
2) Contract conclusion
2.1 The product descriptions contained in the online shop of the seller do not represent a binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated in the seller's online shop. After putting the selected goods in the virtual shopping cart and undergoing the electronic ordering process, the customer gives a legally binding contract offer with regard to the goods contained in the shopping cart. Furthermore, the customer can also submit the offer by phone, email or online contact form to the seller.
2.3 The seller can 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 the receipt of the order confirmation is decisive in the customer, or
- by delivering the ordered goods to the customer, whereby the access of the goods is decisive for the customer, or
- by asking the customer to pay after submitting his order.
If there are several of the aforementioned alternatives, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The deadline for accepting the offer begins to run on the day after the customer is sent and ends with the end of the fifth day, which follows the dispatch of the offer. If the seller does not accept the customer's offer within the aforementioned period, this applies as a rejection of the offer with the result that the customer is no longer bound to his declaration of intent.
2.4 When selecting a payment method offered by PayPal, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et cie, s.c.a., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), assuming the PayPal-Use conditions, visible at https://www.paypal.com/de/webapps/mpp/ua /Useragreement-full or-if the customer does not have a PayPal account-with the validity of the conditions for payments without a PayPal account, visible at https://www.paypal.com/de/webapps/mpp/ua/privacywax- full. If the customer pays by means of a payment method offered by PayPal in the online order process, the seller already explains the acceptance of the customer's offer at the time when the customer clicks on the button final.
2.5 When submitting an offer via the seller's online order form, the contract text is saved by the seller after the conclusion of the contract and sent the customer in text form (e.g. email, fax or letter) after sending his order. The seller's access to the contract is not accessible. If the customer has set up a user account in the seller's online shop before sending his order, the order data on the seller's website is archived and can be called up free of charge by the customer via his password-protected user account stating the corresponding login data.
2.6 Before binding the order via the seller's online order form, the customer can recognize possible input errors by carefully reading the information shown on the screen. An effective technical means of better detection of input errors can be the enlargement function of the browser, with the help of which the display is enlarged on the screen. The customer can correct his entries as part of the electronic ordering process via the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
2.7 The German and the English language are available for the conclusion of the contract.
2.8 The order processing and contact usually take place by email and automated order processing. The customer must ensure that the e-mail address specified 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 third parties sent by the seller or the third party sent with the order processing can be delivered.
3) Right of withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 More information on the right of cancellation arises from the cancellation policy of the seller.
4) Prices and terms of payment
4.1 Unless otherwise resulting from the seller's product description, the prices given are total prices that contain the statutory sales tax. If necessary, additional delivery and shipping costs are specified separately in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, there may be additional costs that the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transmission of money by credit institutions (e.g. transfer fees, exchange rate fees) or import tax taxes or taxes (e.g. tariffs). Such costs can also be incurred in terms of transmission of money if the delivery does not take place to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option/en is/will be communicated to the customer in the seller's online shop.
4.4 When selecting the payment method "Immediately", the payment processing is carried out via the payment service provider STJUB, Theresienhöhe 12, 80339 Munich (hereinafter "immediately"). In order to be able to pay the invoice amount via "immediately", the customer must have an online banking account that is freely switched to participate in "immediately", legitimize itself according to the payment process and confirm the payment instructions to "immediately". The payment transaction is carried out immediately afterwards by "immediately" and the customer's bank account is charged. The customer can call up more information about the payment method "Immediately" on the Internet at https://www.klarna.com/sofort/.
4.5 When selecting a payment method offered by the payment service "Mollie", payment processing is carried out via the payment service provider Mollie B.V., Kezersgracht 313, 1016 EE Amsterdam, Netherlands (hereinafter: "Mollie"). The individual payment methods offered via Mollie will be informed of the customer in the seller's online shop. To handle payments, Mollie can use further payment services, for which special payment terms may apply, which the customer may be pointed out separately. Further information on "Mollie" can be called up on the Internet at https://www.mollie.com/de/.
4.6 When selecting a payment method offered via the payment service "Klarna", the payment processing is made via Klarna Bank (publ), Sveafen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). More information and the conditions of Klarna can be found in the seller's payment information, which can be viewed under the following website:
5) Delivery and shipping conditions
5.1 If the seller offers the shipping of the goods, the delivery takes place within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing of the seller is decisive.
5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer bears the appropriate costs for the seller. This does not apply to the costs for the return if the customer effectively exercises his right of withdrawal. For the return costs, the regulation made in the cancellation policy of the seller applies if the cancellation of the right of cancellation is effective.
5.3 If the customer acts as an entrepreneur, the risk of random doom and the random deterioration of the sold goods passes to the customer as soon as the seller has delivered the matter to the freight forwarder, the carrier or the person or institution otherwise intended to carry out the dispatch. If the customer acts as a consumer, the risk of random doom and the random deterioration of the sold goods is generally only transferred to the customer or a person entitled to receive the goods. In deviation from this, the risk of random doom and the random deterioration of the sold goods is already transferred to the customer for consumers as soon as the seller has delivered the matter to the freight forwarder, the carrier or the otherwise intended person or institution if the Customer, the freight leader or the otherwise intended person or institution to carry out the dispatch, commissioned the execution and the seller has not previously named the customer or an institution.
5.4 The seller reserves the right to withdraw from the contract in the event of no correct or non -proper self -delivery. This only applies in the event that the non -delivery is not to be represented by the seller and that he has completed a specific cover business with the supplier with the care required. The seller will make all reasonable efforts to procure the goods. In the event of non -availability or the only partial availability of the goods, the customer will be informed immediately and the consideration will be reimbursed immediately.
5.5 Self -collection is not possible for logistical reasons.
5.6 vouchers are provided to the customer as follows:
- by download
- by email
6) Reference to retention of title
If the seller arrives in advance, he reserves the property of the delivered goods until the purchase price owed is fully paid.
7) Liability for defects (warranty)
7.1 Unless otherwise arisen from the following regulations, the provisions of the statutory liability for defects apply. Deviating from this applies to contracts for the delivery of goods:
7.2 acts as an entrepreneur,
- the seller has the choice of the type of supplementary performance;
- for new goods, the limitation period for defects is one year from delivery of the goods;
- the rights and claims for defects are excluded from used goods;
- The statute of limitations does not begin again if there is a replacement delivery as part of the liability for defects.
7.3 The restrictions on liability and deadline reduced above
- for claims for damages and expenses of the customer,
- In the event that the seller has fraudulently concealed the defect,
- for goods that have been used for a building according to their usual use and whose deficiency have caused,
- For a possibly existing obligation of the seller to provide updates for digital products, contracts for the delivery of goods with digital elements.
7.4 In addition, for entrepreneurs it applies that the statutory limitation periods remain unaffected for a legal right of recourse that may exist.
7.5 If the customer acts as a merchant i.S.D. § 1 HGB, the commercial examination and complaint is required in accordance with § 377 HGB. If the customer fails to notify the notification duties regulated there, the goods are considered approved.
7.6 If the customer acts as a consumer, he is asked to claim goods delivered with obvious transport damage to the deliverer and to inform the seller. If the customer does not comply, this has no effect on his legal or contractual claims for defects.
8) Special conditions for the processing of goods according to certain requirements of the customer
8.1 If the seller owes the processing of the goods according to the content of the contract In addition to the goods delivery, according to certain requirements of the customer, the customer has all the content required for the processing, such as texts, images or graphics in the file formats specified by the seller, formatting, image - and to provide file sizes and to grant him the necessary usage rights. The customer is solely responsible for procurement and acquisition of rights. The customer explains and assumes the responsibility that he has the right to use the content provided to the seller. In particular, he ensures that this does not violate the rights of third parties, in particular copyright, trademark and personal rights.
8.2 The customer releases the seller of claims by third parties who can assert them in connection with a violation of their rights by the contractual use of the content of the customer by the seller. The customer also assumes the necessary costs of legal defense, including all court and attorney fees, in a statutory amount. This does not apply if the customer is not responsible for the violation. In the event of a claim by third parties, the customer is obliged to provide the seller immediately, truthfully and fully, and fully available all information that is necessary for the examination of the claims and a defense.
8.3 The seller reserves the right to reject processing orders if the content provided by the customer violates statutory or official bans or the good customs. This applies in particular if the constitutional, racist, xenophobic, discriminatory, insulting, youth of dangerous and/or violent content.
9) Redeem of action vouchers
9.1 Coupons, which the seller issued free of charge as part of advertising campaigns with a certain period of validity and which cannot be purchased by the customer (hereinafter "Action vouchers" ") can only be redeemed in the online shop of the seller and only in the specified period.
9.2 Individual products can be excluded from the voucher campaign, provided that there is a corresponding restriction from the content of the action voucher.
9.3 Action vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
9.4 Only one action voucher can be redeemed per order.
9.5 The value of the goods must at least correspond to the amount of the action voucher. Any remaining credit is not reimbursed by the seller.
9.6 If the value of the action voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to pay the difference.
9.7 The credit of an action voucher is neither paid out in cash nor interest.
9.8 The promotional voucher will not be reimbursed if the customer returns the goods fully or partially paid with the action voucher as part of its legal right of withdrawal.
9.9 The action voucher is only intended for use by the person named on it. A transfer of the action voucher to third parties is excluded. The seller is justified, but not obliged to check the material claim for claims of the respective voucher holder.
10) Refraining from gift vouchers
10.1 Coupons 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 resulting from the voucher.
10.2 Gift vouchers and residual credit of gift vouchers can be redeemed by the end of the third year after the year of voucher shopping. Remaining credit will be credited to the customer until the expiry date.
10.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
10.4 Only one gift voucher can be redeemed per order.
10.5 gift vouchers can only be used for the purchase of goods and not for the purchase of other gift vouchers.
10.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to pay the difference.
10.7 The credit of a gift voucher is not paid out in cash or interest.
10.8 The gift voucher is only intended for use by the person named on it. A transfer of the gift voucher to third parties is excluded. The seller is justified, but not obliged to check the material claim for claims of the respective voucher holder.
11) Applicable law
For all legal relationships between the parties, the law of the Federal Republic of Germany applies to the exclusion of the laws on the international purchase of mobile goods. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has its habitual residence is withdrawn.
If the customer acts as a merchant, legal entity under public law or a special fund based on public law based in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes from this contract is the seller's headquarters. If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of place of jurisdiction for all disputes from this contract is if the contract or claims from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is entitled to call the court at the customer's seat.
13) Alternative dispute resolution
13.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for out-of-court settlement of disputes from online purchase or service contracts in which a consumer is involved.
13.2 The seller is neither obliged nor ready to participate in a dispute settlement procedure in front of a consumer arbitration board.