Terms and Conditions
Table of contents
- Scope of application
- Conclusion of contract
- Right of withdrawal
- Prices and terms of payment
- Delivery and shipping conditions
- Reservation of ownership
- Liability for defects (warranty)
- Indemnity in case of violation of third party rights
- Applicable law
- Place of jurisdiction
- Code of Conduct
- Alternative Dispute Resolution
1) Scope of application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of TK Sports GmbH (hereinafter referred to as "Seller") shall apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter referred to as "Customer") with the Seller with regard to the goods presented by the Seller in his online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.
2) Conclusion of 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 serve for the submission of 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. In doing so, after placing the selected goods in the virtual shopping basket and going through the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods contained in the shopping basket by clicking the button that concludes the ordering process. Furthermore, the Customer can also submit the offer to the Seller by telephone, e-mail or online contact form.
2.3 Confirmation of the receipt of your order together with the acceptance of the order will be sent immediately after sending by automated e-mail. With this e-mail confirmation, the purchase contract is concluded."
2.4 When an offer is made via the Seller's online order form, the text of the contract is stored by the Seller and sent to the Customer in text form (e.g. e-mail, fax or letter) after the order has been sent, together with these General Terms and Conditions. In addition, the text of the contract is archived on the Seller's website and can be accessed free of charge by the Customer via his password-protected customer account by providing the relevant login data, provided that the Customer has created a customer account in the Seller's online shop before submitting his order.
2.5 Before submitting a 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 recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The Customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
2.6 Only the German language is available for the conclusion of the contract.
2.7 Order processing and contacting usually take place via e-mail and automated order processing. The Customer must ensure that the e-mail address provided by him for order processing is correct so that e-mails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all e-mails 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 You have the right to cancel this contract within fourteen days without giving any reason.
3.2 The revocation period is fourteen days from the day, in the case of a purchase contract: on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the goods.
3.3 In order to exercise your right of withdrawal, you must inform us, TK Sports GmbH, Gutenbergstr 23 - 25 in 68167 Mannheim, Email firstname.lastname@example.org Tel: 0621 84230 0 by means of a clear declaration (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. You may use the enclosed model cancellation form for this purpose, which is, however, not mandatory.
3.4 You can also fill in and submit the model cancellation form or another clear declaration electronically on our website www.tk-hockey.de. If you make use of this option, you will be informed by e-mail. If you make use of this option, we will send you confirmation of receipt of such revocation without delay (e.g. by e-mail).
3.5 In order to comply with the revocation period, it is sufficient for you to send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of the revocation
If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
3.6 We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
3.7 If the consumer has received goods in connection with the contract:
a: You must return or hand over the goods to us, TK Sports GmbH, Gutenbergstr. 23-25 in 68167 Mannheim, without undue delay and in any event no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
b: You shall bear the direct costs of returning the goods.
c: You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
4) Prices and terms of payment
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, further costs may be incurred 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 the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made 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(s) will be communicated to the Customer in the Seller's online shop.
4.4 In the event of payment by means of a payment method offered by PayPal, the payment shall be processed 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"), subject to the PayPal terms and conditions of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the Customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
4.5 In cooperation with Klarna Bank AB (publ) , Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment option. Payment is made to Klarna:
Invoice: the payment period is  days from the date of dispatch of the goods/ticket/ or, for other services, the provision of the service. The complete invoice conditions for the countries in which this payment method is available can be found here: Germany , Austria , Finland , Netherlands .
5) Delivery and shipping conditions
5.1 The delivery of goods shall be made by dispatch to the delivery address provided by the Customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller's order processing shall be decisive.
5.2 If the transport company returns the dispatched goods to the Seller because delivery to the Customer was not possible, the Customer shall bear the costs for the unsuccessful dispatch. This does not apply if the Customer effectively exercises his right of withdrawal, if he is not responsible for the circumstance that led to the impossibility of delivery, or if he was temporarily prevented from accepting the service offered, unless the Seller had given him reasonable advance notice of the service.
5.3 Self-collection is not possible for logistical reasons.
6) Retention of title
If the Seller makes advance performance, he shall retain title to the goods delivered until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
7.1 If the purchased goods are defective, the provisions of the statutory liability for defects shall apply.
7.2 Notwithstanding the foregoing, the limitation period for claims for defects in used goods shall be one year from delivery of the goods to the Customer. However, the reduction of the limitation period to one year does not apply to
- goods which have been used in accordance with their customary use for a building and have caused its defectiveness,
- damages resulting from injury to life, body or health caused by an intentional or negligent breach of duty by the Seller or an intentional or negligent breach of duty by a legal representative or vicarious agent of the Seller,
- other damage caused by an intentional or grossly negligent breach of duty by the Seller or by an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the user, as well as
- in the event that the Seller has fraudulently concealed the defect.
7.3 The Customer is requested to claim delivered goods with obvious transport damage from the deliverer and to inform the Seller thereof. If the Customer fails to do so, this shall have no effect on his statutory or contractual claims for defects.
8) Indemnification in case of violation of third party rights
If, according to the content of the contract, the Seller, in addition to the delivery of the goods, also owes the processing of the goods according to certain specifications of the Customer, the Customer shall ensure that the contents provided to the Seller by the Customer for the purpose of processing do not infringe the rights of third parties (e.g. copyrights or trademark rights). The Customer shall indemnify the Seller against claims of third parties which the latter may assert against the Seller in connection with an infringement of their rights by the contractual use of the Customer's content by the Seller. In this context, the Customer shall also bear the reasonable costs of the necessary legal defence, including all court costs and lawyers' fees in the statutory amount. This shall not apply if the Customer is not responsible for the infringement. In the event of a claim by a third party, the Customer is obliged to provide the Seller immediately, truthfully and completely with all information required for the examination of the claims and a defence.
9) Applicable law
9.1 All legal relations 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 is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
9.2 Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who do not belong to a Member State of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.
10) Place of jurisdiction
If the Customer is acting as a merchant, a legal entity under public law or a special fund under public law with its registered office 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 registered office. If the Customer has its registered office outside the territory of the Federal Republic of Germany, the Seller's registered office 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 above cases, however, the Seller shall in any case be entitled to bring the matter before the court at the Customer's place of business.
11) Alternative dispute resolution
11.1 The EU Commission provides a platform for online dispute resolution on the Internet under the following link: http://ec.europa.eu/consumers/odr.
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
11.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.