Conditions

General terms and conditions with customer information

1. scope
2. Conclusion of contract
3. Right of withdrawal
4. Prices and payment terms
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects (warranty)
8. Liability
9. Applicable law
10. Jurisdiction
11. Alternative dispute resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of ATLETICA Deutschland GmbH (hereinafter "ATLETICA" or "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with regard to the goods presented by the Seller on the website www.atletica.de (hereinafter "ATLETICA Shop"). The inclusion of the Customer's own conditions is hereby contradicted, unless otherwise agreed.

1.2 A consumer within the meaning of these Terms and Conditions is any natural person who concludes a legal transaction for purposes that cannot be attributed predominantly to their commercial or independent professional activity. An entrepreneur within the meaning of these Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of contract

2.1 The product descriptions of the seller presented at ATLETICA do not represent 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 shopping cart system integrated into ATLETICA. When ordering via the shopping cart system, the customer submits a legally binding contract offer in relation to the goods contained in the shopping cart by clicking the "Buy Now" button in the final step of the ordering process.

The customer must complete the following technical steps: The customer first places the goods in the virtual shopping cart by clicking on the "Add to shopping cart" button and then clicks on the "Proceed to checkout" button. In the next step, the customer must log into their ATLETICA customer account by entering their email address and password or set one up for the first time. In the next step, the customer must select the desired shipping method and click on the "Buy now" button to complete the order.

2.3 Immediately after sending his order, the customer will receive a confirmation email from ATLETICA stating that the seller has received the offer. 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 e-mail) or having it sent by ATLETICA, whereby the receipt of the order confirmation by the customer is decisive, or

- by delivering the ordered goods to the customer or having them delivered by ATLETICA, whereby the receipt of the goods by the customer is decisive, or

- by requesting payment from the customer after placing his order or by having ATLETICA request payment from him, or

- if payment by direct debit is offered and the customer chooses this payment method, by debiting the total price from the customer's bank account or having it debited by ATLETICA, whereby the time at which the customer's account is debited is decisive.

If several of the aforementioned alternatives exist, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends on the expiry of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.

2.4 The contract text is saved by the seller after the contract has been concluded and sent to the customer in text form (e.g. email, fax or letter) after the customer has placed their order. The seller will not make the contract text available beyond this. In addition, the order data is archived at ATLETICA and can be accessed free of charge by the customer via their password-protected user account at ATLETICA.

2.5 When placing an order via the ATLETICA shopping cart system, the customer can identify possible input errors before bindingly submitting the order by carefully reading the information displayed on the screen. An effective technical means of better identifying input errors can be the browser's zoom function, which helps to enlarge the display on the screen. Before bindingly submitting the order, the customer can continuously correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before bindingly submitting the order and can also be corrected there using the usual keyboard and mouse functions. When ordering via the 1-Click® buy function, the ordering process is completed after pressing the "Buy now with 1-Click®" button. Correcting input errors is no longer possible from the time the "Buy now with 1-Click®" button is pressed.

2.6 Only the German language is available for the conclusion of the contract.

2.7 Order processing and contact are carried out via email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that 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 generally have a right of withdrawal within 100 days after purchasing the goods.

3.1 The purchase amount will be refunded after receipt of the goods within a maximum of ten working days using the originally selected payment method.

3.2 Further information on the right of cancellation can be found in the cancellation policy.

4) Prices and payment terms

4.1 The prices stated by the seller are total prices and include statutory sales tax. Any additional delivery and shipping costs are stated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the seller is not responsible and which must 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 money 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 Payment processing is carried out via one of the following payment service providers that the Seller has commissioned to process payments: (a) Shopify International Limited (Shopify Payments) 2nd Floor, 1-2 Victoria Buildings Haddington Road Dublin 4, D04 XN32, Ireland VAT IE3347697KH

5) Delivery and shipping conditions

5.1 ATLETICA delivers the ordered goods by parcel post or freight forwarding. Goods are delivered by post to the delivery address provided by the customer, unless otherwise agreed. When processing the transaction, the delivery address provided by the customer to ATLETICA is 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.

5.3 Delivery date with shipping company: The shipping company will inform you of the expected delivery date by email or telephone before you place your order. Delivery on the delivery day will be made with a time window specified.

5.4 Delivery costs: The price of parcel delivery is free throughout Germany. Internationally, the costs depend on the country of delivery and the weight of the parcel. The delivery costs for deliveries by freight forwarder depend on the total value of the order.

5. 5 Place of delivery: Ordered goods are sent either as a parcel or by freight forwarding, at the seller's discretion. In the case of freight forwarding, the goods are delivered by the freight forwarder to the curb. To enable delivery, you must ensure, to the extent possible, that there is sufficient parking at the delivery location. If the goods cannot be delivered to the apartment door due to local conditions, e.g. lack of parking space, or not by the usual means (house entrance, stairwell), the freight forwarder is entitled to refuse delivery to the apartment door.

5. 6 Additional costs for delivery or collection: If the goods cannot be delivered or collected on the agreed date for reasons for which you are responsible when delivered by a forwarding agent or collected by the forwarding agent, ATLETICA will invoice you for the costs of a new delivery or, in the case of collection, offset them against the refund of the purchase price.

You will be charged for the second delivery even if the first delivery was free of charge. If the delivery is only possible at additional cost, we will inform you of these costs. With your consent, we will then carry out the delivery.

If the goods cannot be delivered by parcel delivery service for reasons for which you are responsible, a message will be left with information about which parcel station the goods are to be picked up from and within what time period, and that they will be returned to the sender if the deadline expires.

5. 7 Returns of freight forwarding deliveries: Freight forwarding deliveries are always made on pallets. In the case of returns, the customer undertakes to hand over the goods to the freight forwarder in a transportable condition or, if the freight forwarder has permission to collect the goods, to leave the goods freely accessible and in a transportable condition.

In order to ensure transportability and safety, the customer undertakes to place the goods on the pallet in the condition in which they were delivered. If this is not guaranteed, the freight forwarder has the right to refuse acceptance of the goods and to charge ATLETICA additional costs in accordance with 5.6.

If the customer acts intentionally and the goods are deliberately made available for collection loose or not in suitable transport packaging, we reserve the right to refuse collection until the customer restores a minimum level of transportability. The burden of proof of ensuring transportability lies with the customer and can be proven by any pictures.

The goods will be picked up by the shipping company by appointment. The customer is responsible for protecting the goods from the weather and damage until the goods are picked up by the shipping company. Any damage to the goods will be checked by ATLETICA in the warehouse and offset when the goods are refunded.

5.7 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the seller has delivered the goods to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment.

If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold is generally only transferred when the goods are handed over to the customer or a person authorized to receive them. In deviation from this, the risk of accidental loss and accidental deterioration of the goods sold is transferred to the customer, even in the case of consumers, as soon as the seller has delivered the item to the forwarding agent, the freight carrier or the person or institution otherwise designated to carry out the shipment, if the customer has commissioned the forwarding agent, the freight carrier or the person or institution otherwise designated to carry out the shipment and the seller has not previously named this person or institution to the customer.

5. 8 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies if the non-delivery is not the responsibility of the seller and the seller has concluded a specific hedging transaction with the supplier with due care.

The seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.

6) Retention of title

6.1 The Seller reserves title to the goods delivered to consumers until the purchase price owed has been paid in full.

6.2 The Seller reserves title to the goods delivered to entrepreneurs until all claims arising from an ongoing business relationship have been settled in full.

6.3 If the customer acts as an entrepreneur, he is entitled to resell the reserved goods in the normal course of business. The customer assigns all claims against third parties arising from this to the seller in advance in the amount of the respective invoice value (including sales tax). This assignment applies regardless of whether the reserved goods were resold without or after processing. The customer remains authorized to collect the claims even after the assignment. The seller's authority to collect the claims himself remains unaffected. However, the seller will not collect the claims as long as the customer meets his payment obligations to the seller, does not fall into arrears and no application for the opening of insolvency proceedings has been filed.

7) Liability for defects (warranty)

If the purchased item is defective, the statutory liability for defects applies.

The customer is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this.

If the customer fails to do so, this will have no effect on his statutory or contractual claims for defects.

The following applies in deviation from this:

7.1 If the customer acts as an entrepreneur,

• the seller has the choice of the type of subsequent performance;
• For new goods, the limitation period for defects is one year from delivery of the goods;
• In the case of used goods, rights and claims due to defects are generally excluded;
• The limitation period does not begin again if a replacement delivery is made within the scope of liability for defects.

7.2 The limitations of liability and shortening of time limits set out above do not apply

• for items that have been used for a building in accordance with their usual purpose and have caused its defectiveness,
• for claims for damages and reimbursement of expenses by the customer, as well as
• in the event that the seller has fraudulently concealed the defect.

7.3 Furthermore, for entrepreneurs, the statutory limitation periods for the recourse claim according to Section 445b of the German Civil Code (BGB) remain unaffected.

7.4 If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he is subject to the commercial duty of inspection and notification of defects in accordance with Section 377 of the German Commercial Code (HGB). If the customer fails to comply with the notification obligations set out therein, the goods are deemed to have been approved.

7.5 If the customer is acting as a consumer, he is requested to complain to the deliverer about goods that have obvious transport damage and to inform the seller of this. If the customer does not do this, this will have no effect on his legal or contractual claims for defects.

8) Liability

If the customer acts as an entrepreneur, the seller is liable to him for all contractual, quasi-contractual and legal, including tortious claims for damages and reimbursement of expenses as follows:

8.1 The Seller shall be liable without limitation for any legal reason

• in case of intent or gross negligence,
• in the event of intentional or negligent injury to life, body or health,
• due to a guarantee promise, unless otherwise provided,
• due to mandatory liability such as under the Product Liability Act.

8.2 If the seller negligently breaches a material contractual obligation, liability is limited to the damage that is typical for the contract and foreseeable, unless unlimited liability applies in accordance with the above paragraph. Material contractual obligations are obligations that the contract imposes on the seller in accordance with its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the customer can regularly rely.

8.3 Otherwise, the Seller’s liability is excluded.

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

9) Applicable law

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws governing the international sale of movable goods. For consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his or her habitual residence.

10) Place of jurisdiction

If the customer acts 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 is the seller's place of business. If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of business is 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 is in any case entitled to take legal action 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 at the following link: www.ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online sales or service contracts involving a consumer.