General Terms And Conditions

General terms and conditions for the TPE Sport Distribution and Trade Agency



1. Scope and definitions
1.1 For the business relationship between TPE Sport Distribution and Handelsagentur, Hummelroi 20, 24943 Tastrup, (hereinafter referred to as "seller") and the customer (hereinafter referred to as "customer"), only the following general terms and conditions (GTC) apply at the time of the respective order Frame. Any conflicting or other general terms and conditions and / or other conditions of the customer, regardless of their name, are expressly contradicted, unless the seller expressly agrees to their validity in writing. 1.2 In individual cases, individual agreements made with the customer (including side agreements, additions and / or changes) always take precedence over the general terms and conditions of the seller. A written contract and / or the written confirmation of the seller are decisive for the content of such agreements. This also applies to the waiver of this written form requirement.

2. Website
2.1 The website of the seller merely represents an invitation to the customer to submit offers to conclude a purchase contract for the goods presented.
2.2 Slight color deviations of the goods shown on the website are due to technical reasons.

3 Order process
3.1 The customer can select products from the assortment of the seller and collect them in a so-called virtual shopping cart using the "Add to cart" button. The products listed there can be individually removed from the shopping cart using the "Delete" button (hereinafter referred to as "button"). If the customer clicks on the "Buy" button, he makes a binding offer to buy the goods in the shopping cart.
3.2 The minimum value per order must be EUR 1.00 (gross value of goods including VAT without shipping costs or other costs).
3.3 Before submitting the order, the customer can view and change the order data at any time using the "Change" button.
3.4 The customer will then receive an automatic confirmation of receipt by e-mail, which will reproduce the content of the customer's order and which the customer can print out. This automatic confirmation of receipt does not yet constitute acceptance of the offer, but merely documents that the order has been received by the seller. Goods are only delivered in quantities customary in the household.
3.5 The contract is only concluded when the seller issues the declaration of acceptance. The seller is entitled, but not obliged, to accept the customer's contract offer within 14 days of receipt by the seller. The seller declares acceptance by sending an e-mail confirmation.

4 delivery, delivery times, availability of goods
4.1 Unless otherwise agreed, delivery is made to the delivery address specified by the customer. Delivery takes place worldwide. The goods are shipped via the seller's cooperation logistics service providers (DHL, GLS, Deutsche Post, UPS, IDS Logistik or GEL) per volume of the goods or at the customer's choice.
4.2 The seller informs the customer of the delivery time during the ordering process and in the shipping confirmation. The timeliness of the delivery depends solely on the time at which the seller hands the goods over to the shipping company at the place of performance. After the unsuccessful expiry of the delivery period, a grace period of 14 days is automatically set without further explanation on the part of the customer. The customer can only withdraw from the contract after this grace period.
4.3 If no copies of the product selected by him are available at the time of the customer's order, the seller will notify the customer in the shipping confirmation. In the shipping confirmation, the seller accepts the customer's offer only to the goods that are available. A contract for the unavailable goods is not concluded.
4.4 If the seller is unable to meet the specified delivery times due to force majeure or other reasons for which he is not responsible, he shall inform the customer immediately. At the same time, he determines a new delivery period that is appropriate for the customer in accordance with the respective circumstances, at the most 2 weeks beyond the originally agreed delivery period. If the goods are not available within the new delivery period for reasons for which the seller is not responsible, the seller can withdraw from the contract in whole or in part. Any consideration already rendered will be reimbursed to the customer immediately. There are reasons for which the seller is not responsible, in particular if and insofar as it is not supplied by his supplier in time, even though he has concluded a sufficient cover transaction. If the customer cannot reasonably be expected to accept the delivery as a result of the delay, he can withdraw from the contract by means of an immediate declaration in text form (i.e. in writing, email) to the seller. Other legal rights of the customer remain unaffected.
4.5 After the goods have been handed over to the shipping company, the customer will automatically receive a shipping notification by email.
4.6 Partial deliveries and early deliveries are permitted within the limits of what is reasonable for the customer. If the customer has ordered several items, it can happen that the seller sends them in several deliveries. If a part of the goods ordered by the customer is permanently not available, this part of the order will be canceled. This means that a contract is only concluded for the goods listed in the shipping confirmation.

5 prices and shipping costs
5.1 All prices stated on the seller's website include the applicable statutory sales tax.
5.2 The seller informs the customer of the respective shipping costs, as well as any additional costs in the order form. The customer has to bear the shipping costs and any additional costs.

6 payment, late payment
6.1 The seller only accepts the payment methods shown to the customer during the ordering process.
6.2 During the ordering process, if there is a legitimate interest, the seller automatically checks the customer's creditworthiness by making an inquiry with a credit agency, e.g. of SCHUFA Holding AG. The option to order and the payment methods offered depend on the result of this credit check. Depending on the result of this automatic credit check, the seller will offer the customer payment by Mastercard or Visa card. In the event of a lack of creditworthiness, the seller is also entitled to withdraw in full or in part from all existing contracts in which the customer has not yet paid the purchase price despite the due date and reminder.

7 Retention of title
7.1 The delivered goods remain the property of the seller until full payment of the purchase price.
7.2 The customer is obliged to immediately inform the seller in writing in the event of seizure of the goods or other interventions by a third party, as well as to notify the third party of the seller's reserved property.

8 Cancellation Policy
Right of cancellation: You can cancel your contract declaration within 14 days without giving reasons in text form (e.g. letter, fax, email) or - if the item is left to you before the deadline - by returning the item. The period begins after receipt of this instruction in text form, however not before receipt of the goods by the recipient (in the case of the recurring delivery of similar goods not before receipt of the first partial delivery) and also not before fulfillment of our information obligations in accordance with Article 246 § 2 in conjunction with § 1 para 1 and 2 EGBGB and our obligations in accordance with Section 312 g (1) sentence 1 BGB in conjunction with Article 246 Section 3 EGBGB. To meet the cancellation deadline, it is sufficient to send the cancellation or the item in good time. The revocation must be sent to: In the event of a written declaration of revocation: TPE Sport Distribution und Handelsagentur, Hummelroi 20, 24943 Tastrup, Germany In the event of revocation by email: info@tpesport.de In the event of revocation by fax: fax. : In the event of a declaration of revocation by returning the goods, the goods must be sent back to: TPE Sport Distribution und Handelsagentur, Hummelroi 20, 24943 Tastrup, Germany. eg interest). If the buyer is unable or partially unable to return or return the received performance and uses (e.g. benefits of use) or only in a deteriorated condition, you must compensate us in this respect. You only have to pay compensation for the deterioration of the item and for the uses that have been made, insofar as the use or the deterioration can be attributed to handling the item that goes beyond checking the properties and functionality. “Checking the properties and functionality” means testing and trying out the respective goods, as is possible and customary in a shop. Dispatchable goods are returned at our expense and risk. Items that cannot be sent as parcels will be picked up from you. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you when you send your cancellation or the goods, for us with their receipt.

9 Warranty
9.1 The warranty for defects in the purchased goods is based on the statutory provisions and the following provisions. In particular, the customer can request supplementary performance (new delivery or rectification of defects). However, the seller is entitled to refer the customer to new delivery if the rectification of the defect would involve disproportionate effort. The warranty claims expire two years after delivery of the goods.
9.2 Customary or technically unavoidable, material-related deviations in the quality, color, size, equipment or design of the goods are irrelevant. A right of withdrawal does not exist for such or other insignificant defects. The customer is free to prove that the deviations mentioned are significant for him.
9.3 Warranty rights of the customer do not exist if he has changed the goods and the defect was caused thereby. Claims of the customer for compensation or reimbursement of futile expenses only exist in accordance with § 11 of these GTC.

10 information on data processing
The protection of the customer's personal data, which the customer communicates to the seller when using the online store, is very important for the seller. The seller will only collect, store and use personal data in accordance with the applicable data protection regulations.

11 liability
11.1 The seller is fully liable for intent and gross negligence. The seller is only liable for simple negligence in the event of injury to life, limb, health or an essential contractual obligation. Essential contractual obligations are those whose fulfillment is necessary to achieve the aim of the contract and on the fulfillment of which the customer has trusted and was also allowed to trust 11.2 In the event of a slightly negligent breach of essential contractual obligations, the liability of the seller is limited to the foreseeable, typically occurring damage.
11.3 The above limitations of liability also apply in favor of the legal representative and vicarious agent of the seller.
11.4 Liability under the Product Liability Act remains unaffected.

12 final provisions
12.1 The contracts of the seller and the customer are subject to the law of the Federal Republic of Germany, excluding UN sales law.
12.2 The invitation to submit offers as part of the TPE Sport Distribution and Trade Agency is only aimed at consumers. If the customer is nevertheless a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between the customer and the seller is the seat of the seller.
12.3 Should individual provisions of these terms and conditions be or become ineffective, the validity of the remaining provisions remains unaffected. Instead of the ineffective provision, the relevant statutory provisions apply. This applies accordingly to the filling of any loopholes in these terms and conditions.
12.4 The seller is available to the customer at the email address info@tpesport.de, the telephone number +49 461 9789560, as well as at the postal address mentioned in § 8 for questions or complaints about the TPE Sport Distribution and Handelsagentur website.