GENERAL TERMS AND CONDITIONS AND CUSTOMER INFORMATION
I. GENERAL TERMS AND CONDITIONS
§ 1 GENERAL PROVISIONS
§ 1 GENERAL PROVISIONS
(1) The following terms and conditions apply to all agreements you enter into with us as the provider (Spofact GmbH) through the website www.shadowboxer.de. Your own conditions, if any, will not be applicable unless explicitly stated otherwise.
(2) Consumers according to the following provisions shall mean any natural person who enters into a transaction for a purpose that for the better part can neither be attributed to a commercial activity nor their independent vocational activity. An entrepreneur is any natural or legal person exercising their commercial or independent occupational interests by concluding a legal transaction.
§ 2 CONCLUSION OF AGREEMENT
(1) The subject of the agreement is the purchase of goods.
Our online offers are non-binding and do not commit us to enter into an agreement.
(2) You can make a binding offer (order) through the use of our online shopping cart system.
The goods intended for purchase are placed in the “shopping cart”. The “shopping cart” can be viewed by clicking the corresponding button in the navigation bar, where changes can always be executed. After going to the “checkout” page and entering all required personal information as well as payment and shipping details, all order details will be presented in an order overview. You can review and change all details (also using the “back” function of your browser) or cancel the order, before submitting it.
By submitting the order and clicking on the “buy” button, you are submitting a binding offer to purchase the goods.
You will first receive an automatic email confirming we received the order, which does not act as a conclusion of agreement.
(3) The acceptance of the offer (and thus the conclusion of the agreement) will take place within two days by confirmation in writing (e.g. email), stating we confirm the execution of your order or delivery of the goods (order confirmation).
Should you not receive the relevant message, you are no longer bound to your order. In that case any payments made will be immediately restituted.
(4) The execution of the order and the submission of all information relevant to the conclusion of the agreement will take place by email and is partially automatic. That’s why you need to ensure the email address we stored is correct, and that you are technically capable of receiving emails, especially by checking the spam filter.
§ 3 RIGHT OF RETENTION, RETENTION OF TITLE
(1) You may only exercise a right of retention if it originates from claims of the same contractual relationship.
(2) We retain the title in the purchased goods until the entire price has been paid in full.
§ 4 LIABILITY
(1) We assume unlimited liability for damages resulting from violation of life, body, or health. We will also assume unlimited liability for intent and gross negligence, intentionally concealing a defect, for given guarantees, for the characteristics of the purchased item, and in all cases as stipulated by applicable law.
(2) Liability for defects in regard of the statutory warranty is assumed in accordance with our customer information (part II).
(3) Our liability in cases of simple negligence is restricted to foreseeable damages typical of the type of contract, inasmuch as it concerns essential contractual obligations. Essential contractual obligations are essential obligations derived from the nature of the agreement, an infringement of which would endanger the purpose of the agreement, as well as obligations we are bound to by the content of the agreement in order to reach the agreement purpose and whose fulfillment only enables the appropriate execution of the agreement, and compliance of which you may regularly trust in.
(4) A liability is excluded in case of an infringement of minor contractual obligations.
(5) The exchange of data through the internet free of errors and / or available anytime cannot always be ensured at this point in time. In that regard we are only liable for the uninterrupted availability of the website and the services there offered.
§ 5 CHOICE OF LAW, PLACE OF EXECUTION, JURISDICTION
(1) German law applies. In case of a Consumer this choice of law will only apply if the protection that is provided by compulsory regulations under the law of the state in which the Consumer has his habitual residence is not diminished (favorability principle).
(2) Place of execution for all services resulting from the existing relationship with us, and place of jurisdiction is our statutory seat, if you are not a Consumer, but a trader, legal entity under public law or special property under public law. This is also valid if your statutory seat is outside of Germany or the European Union, or if the habitual residence is unknown when the proceedings are filed. The right to choose another court having jurisdiction remains intact.
(3) The provisions of the UN Sales Convention do not apply.
II. CUSTOMER INFORMATION
1. IDENTITY OF THE SELLER
Phone: +49 73114660990
Alternative dispute resolution:
The European Commission offers a platform to settle disputes online and out of court (OS-platform), available at http://ec.europa.eu/odr (http://ec.europa.eu/odr).
2. INFORMATION ABOUT THE CONCLUSION OF THE AGREEMENT
The technical steps leading to the conclusion of the agreement, the agreement itself, and the possibilities for corrections are laid down in § 2 of our General Terms and Condition (part I).
3. CONTRACTUAL LANGUAGE, STORAGE OF THE WORDING OF THE AGREEMENT
3.1. The contractual language is German.
3.2. We will not store the complete wording of the agreement. The agreement can be printed with the print function of the browser or stored electronically before submitting the order in the online shopping cart system. After we receive the order, the order information, the mandatory information about distance selling agreements, and the General Terms and Conditions will be sent to you again by email.
4. ESSENTIAL FEATURES OF THE GOODS OR SERVICES
The essential features of the goods and/or services are displayed in the corresponding offers.
5. PRICES AND PAYMENT CONDITIONS
5.1. The prices displayed in the respective offers as well as the shipping costs constitute the entire price. They contain all price components including all taxes due.
5.2. The incurred shipping costs are not part of the purchase price. They can be viewed through the relevant button on our website or in the respective offer, and will be displayed separately in the course of the order process. They are to be borne by you unless a delivery free of charge has been confirmed.
5.3. The payment methods available to you are displayed on our website through the relevant button or in the respective offer.
5.4. Unless not otherwise stated in the individual payment methods, the payment obligation resulting from the concluded agreement is due immediately.
6. TERMS OF DELIVERY
6.1. The terms of delivery as well as the scheduled date of delivery and potential delivery restrictions can be found through the relevant button on our website or in the respective order.
6.2. If you are a Consumer, the risk of accidental loss or damage of the purchased goods will only pass to you when the goods are handed over to you, independent of an insured or uninsured shipment. That does not apply if you have authorized another shipment company not named by the seller or if you have authorized another person to execute the shipment.
7. LEGAL LIABILITY FOR DEFECTS
7.1. The legal liability for defects applies.
7.2. As a Consumer you are asked to check the goods for completeness, obvious defects, and damages resulting from shipment at the time of the delivery, and to report any claims to us and the shipment company as soon as possible. Your legal warranty claims will not be affected should you not comply with this stipulation.
These General Terms and Conditions and the customer information have been compiled by a legal expert specialized in IT law and member of the Händlerbund. They are continuously checked for their legal conformity. The Händlerbund Management AG guarantees the legal applicability and is liable for cease-and-desist-warnings. More information is available at: Händlerbund.
last update: 23 January, 2017