General Terms and Conditions
General terms and conditions as amended on March 1, 2020
§ 1 Validity of the conditions
The following conditions apply exclusively to all offers, deliveries and services from S.B.J - Sport and Leisure (hereinafter referred to as the seller).
Special agreements and additional agreements are only valid if they are confirmed in writing by the seller. Otherwise, these general terms and conditions apply.
§ 2 Conclusion of contract
The contract is concluded exclusively in German.
The seller undertakes to carry out the orders under the conditions stated on the website. In the event of typographical, printing and calculation errors on the website, the seller is entitled to withdraw from the contract.
Online order
You submit a binding offer when you have gone through the online ordering process by entering the information required there and in the last ordering step you click on the "order with payment" button. After you have submitted your order, we will send you an email confirming receipt of your order and listing its details (confirmation of receipt). This confirmation of receipt does not constitute acceptance of your offer, but is only intended to inform you that we have received your order. By the time the goods are delivered, you will receive all customer information from us, which you should print out for your records. The purchase contract is only concluded when the goods are dispatched.
Purchases via Ebay: § 10 and § 11 of eBay's general terms and conditions apply to the conclusion of a contract on the eBay online auction house.
Order by phone, fax or email
You submit a binding offer when you place your order by telephone, or send it to us by fax or email. The purchase contract is only concluded when the goods are dispatched.
The contract text is saved by the seller and sent to the customer in text form (e.g. e-mail, fax or letter) after the contract has been concluded, along with these general terms and conditions and customer information. In addition, the contract text is archived at Amazon and can be accessed free of charge by the customer via their password-protected Amazon customer account.
§ 3 Offer, price, placing of order
The prices apply at the time of ordering.
When ordering weapons, the contract is only concluded if the buyer is 18 years or older. A copy of proof of age must be sent or faxed to the seller.
All prices include 19% (7% for books) VAT. In the period from July 1, 2020 to December 31, 2020, the VAT rates will change from 19% to 16% and from 7% to 5%. All prices for resellers and collective purchasers are exclusive of VAT. Delivery and shipping costs are additional and will be shown separately as part of the specific offer.
The shipping costs are shown separately when ordering online.
When shipping within Germany, shipping costs amount to EURO 4.95. For surname shipments the shipping costs are EURO 6.95. In addition, there is a fee of EURO 2.00, which must be paid to the parcel carrier upon delivery.
When shipping to Austria, shipping costs amount to EURO 8.50.
When shipping to countries in the European Union and Switzerland, the shipping costs are EURO 12.00.
When shipping to countries outside the European Union, the shipping costs are EURO 22.
Additional shipping costs apply for certain items. This is shown separately for each item in the online shop.
The prices shown on the offers and price lists apply to resellers and collective orders.
Import duties for deliveries outside Germany are generally not included in the shipping costs and can, if necessary, be requested from the relevant country's customs office
At auctions, shipping costs are stated for each item offered.
Right of withdrawal
Consumers have a right of withdrawal in accordance with the following provisions, whereby a consumer is any natural person who concludes a legal transaction for purposes that cannot predominantly be attributed to either their commercial or their independent professional activity.
Items manufactured to customer specifications, such as: E.g. embroidery, embroidery badges, printing.
Right of withdrawal
Consumers have a right of withdrawal in accordance with the following provisions, whereby a consumer is any natural person who concludes a legal transaction for purposes that cannot predominantly be attributed to either their commercial or their independent professional activity.
Items manufactured to customer specifications, such as: E.g. embroidery, embroidery badges, printing.
§ 4 Right of withdrawal, agreement to bear costs, cancellation instructions
Right of withdrawal
You have the right to cancel this contract within 30 days without giving any reasons. The cancellation period is 30 days from the day on which you or a third party named by you who is not the carrier took possession of the last goods.
In order to exercise your right of withdrawal, you must inform us (S.B.J - Sportland.de, Tachauerstr. 2, 92637, Weiden, info@sportland.de, 0961-6345700, 0961-6345702) by means of a clear statement (e.g. by mail sent letter, fax or email) about your decision to revoke this contract. You can use the attached sample cancellation form, although this is not mandatory.
In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.
Consequences of revocation
If you cancel this contract, we will refund to you all payments received from you, including delivery costs (except for additional costs resulting from you choosing a method of delivery other than the cheapest standard delivery offered by us have) to be repaid immediately and at the latest within 30 days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment. We may refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier
You must return or hand over the goods to us immediately and in any case no later than 30 days from the day on which you notify us of your cancellation of this contract. The deadline is met if you send the goods before the 30 day period has expired. You bear the direct costs of returning the goods. For deliveries within Germany, we cover the return costs if the value of the items to be returned is EUR 50.00 or more. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
The right of withdrawal does not apply to the following contracts:
Contracts for the supply of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
End of revocation
§ 5 Delivery time, transfer of risk
Information about the delivery date is non-binding on the part of the seller and represents only a non-binding estimate. Fixed transactions will not be concluded.
If non-compliance with an agreed delivery deadline is due to force majeure, labor disputes, fire, machine breakdown, unforeseen obstacles or other circumstances for which the seller is not responsible, the delivery deadline will be extended for the duration of these events. This applies accordingly in the event that the seller is in default of delivery when one of these events occurs.
§ 6 Warranty
There are statutory warranty rights for all goods from our shop.
§ 7 Payment, late payment
Unless otherwise agreed, invoices are payable immediately without deductions. A warranty retention is excluded. If you pay by credit card, we will initiate payment when the goods are dispatched. When paying by direct debit 3 days after the goods have been dispatched.
Deliveries within the European Union and Switzerland are only carried out against advance payment or credit card.
Deliveries outside the European Union are only carried out against advance payment.
Payments must be made to the seller's bank accounts specified on the invoice, free of charge and fees.
Bills of exchange and checks are only accepted as payment.
If the customer defaults on a payment in whole or in part for more than 30 days, if he objects to bills of exchange or checks or if an application is made to open insolvency proceedings against his assets, the seller is entitled, without prejudice to other rights, to all claims against the customer immediately due, to withhold all deliveries or services and to assert all rights arising from the retention of title.
The seller is also entitled to demand default interest of 3% above the current discount rate of the Deutsche Bundesbank, but at least 10% p.a., as damages for default. The assertion of higher damages incurred by the seller remains unaffected. The customer is entitled to provide proof that the seller suffered no or lesser damage.
The customer can only declare offsetting against the seller's claims if his claim is undisputed or legally established.
§ 8 Retention of title
The seller reserves ownership of the delivered goods until full payment has been made.
The customer is only entitled to resell, pledge, transfer by way of security, rent or transport the reserved goods abroad with the prior written consent of the seller.
The customer hereby assigns all claims and compensation claims to which he is entitled in relation to the reserved goods (e.g. from unlawful acts, insurance claims) to the seller in the amount of the invoice value of the reserved goods.
If third parties access the reserved goods, the customer must point out the ownership of the seller and notify the seller immediately in writing. If the third party is unable to reimburse the judicial and extrajudicial costs of a lawsuit in accordance with Section 771 ZPO, the customer is liable for the resulting loss.
If the customer behaves in breach of contract, the seller is entitled to collect the reserved goods and for this purpose to enter the storage or place of use of the reserved goods, even without first declaring withdrawal or exercising the rights under Section 326 of the German Civil Code (BGB). The customer waives the rights to which he would be entitled due to his own unauthorized action and allows the seller access to the rooms in which the reserved goods are located.
§ 9 Liability and limitations of liability
Claims for damages against the seller are excluded regardless of the legal basis, in particular due to delay or impossibility, breach of advisory and contractual ancillary obligations, pre-contractual obligations, positive breach of contract and tortious acts, unless the seller acted intentionally or with gross negligence or the claims for damages result from the violation of a guaranteed property.
If the seller is fundamentally liable, the claim for damages is limited to the foreseeable damage. In any case, compensation for consequential damages such as lost profits is excluded.
If and to the extent that the seller's liability is excluded, this also applies to the personal liability of the seller's employees, employees, employees, representatives and vicarious agents.
§ 10 Place of performance, place of jurisdiction
In the event that the customer is a merchant within the meaning of the German Commercial Code (HGB), Weiden is designated as the exclusive place of jurisdiction.
When dealing with end consumers, the court of residence of the end consumer is also responsible for contractual disputes.
§ 11 Applicable law, effectiveness, written form
The law of the Federal Republic of Germany. The validity of the uniform international sales law (UNCITRAL agreement) is excluded.
When dealing with end consumers, the law of the end user's place of residence is also applicable, provided that mandatory consumer law provisions are involved.
Changes and additions to the provisions contained in these conditions must be in writing and agreed in the purchase contract to be effective. Verbal or written additional agreements only bind the seller after written confirmation.
If one or more provisions are ineffective, this does not affect the effectiveness of the remaining provisions.
§ 1 Validity of the conditions
The following conditions apply exclusively to all offers, deliveries and services from S.B.J - Sport and Leisure (hereinafter referred to as the seller).
Special agreements and additional agreements are only valid if they are confirmed in writing by the seller. Otherwise, these general terms and conditions apply.
§ 2 Conclusion of contract
The contract is concluded exclusively in German.
The seller undertakes to carry out the orders under the conditions stated on the website. In the event of typographical, printing and calculation errors on the website, the seller is entitled to withdraw from the contract.
Online order
You submit a binding offer when you have gone through the online ordering process by entering the information required there and in the last ordering step you click on the "order with payment" button. After you have submitted your order, we will send you an email confirming receipt of your order and listing its details (confirmation of receipt). This confirmation of receipt does not constitute acceptance of your offer, but is only intended to inform you that we have received your order. By the time the goods are delivered, you will receive all customer information from us, which you should print out for your records. The purchase contract is only concluded when the goods are dispatched.
Purchases via Ebay: § 10 and § 11 of eBay's general terms and conditions apply to the conclusion of a contract on the eBay online auction house.
Order by phone, fax or email
You submit a binding offer when you place your order by telephone, or send it to us by fax or email. The purchase contract is only concluded when the goods are dispatched.
The contract text is saved by the seller and sent to the customer in text form (e.g. e-mail, fax or letter) after the contract has been concluded, along with these general terms and conditions and customer information. In addition, the contract text is archived at Amazon and can be accessed free of charge by the customer via their password-protected Amazon customer account.
§ 3 Offer, price, placing of order
The prices apply at the time of ordering.
When ordering weapons, the contract is only concluded if the buyer is 18 years or older. A copy of proof of age must be sent or faxed to the seller.
All prices include 19% (7% for books) VAT. In the period from July 1, 2020 to December 31, 2020, the VAT rates will change from 19% to 16% and from 7% to 5%. All prices for resellers and collective purchasers are exclusive of VAT. Delivery and shipping costs are additional and will be shown separately as part of the specific offer.
The shipping costs are shown separately when ordering online.
When shipping within Germany, shipping costs amount to EURO 4.95. For surname shipments the shipping costs are EURO 6.95. In addition, there is a fee of EURO 2.00, which must be paid to the parcel carrier upon delivery.
When shipping to Austria, shipping costs amount to EURO 8.50.
When shipping to countries in the European Union and Switzerland, the shipping costs are EURO 12.00.
When shipping to countries outside the European Union, the shipping costs are EURO 22.
Additional shipping costs apply for certain items. This is shown separately for each item in the online shop.
The prices shown on the offers and price lists apply to resellers and collective orders.
Import duties for deliveries outside Germany are generally not included in the shipping costs and can, if necessary, be requested from the relevant country's customs office
At auctions, shipping costs are stated for each item offered.
Right of withdrawal
Consumers have a right of withdrawal in accordance with the following provisions, whereby a consumer is any natural person who concludes a legal transaction for purposes that cannot predominantly be attributed to either their commercial or their independent professional activity.
Items manufactured to customer specifications, such as: E.g. embroidery, embroidery badges, printing.
Right of withdrawal
Consumers have a right of withdrawal in accordance with the following provisions, whereby a consumer is any natural person who concludes a legal transaction for purposes that cannot predominantly be attributed to either their commercial or their independent professional activity.
Items manufactured to customer specifications, such as: E.g. embroidery, embroidery badges, printing.
§ 4 Right of withdrawal, agreement to bear costs, cancellation instructions
Right of withdrawal
You have the right to cancel this contract within 30 days without giving any reasons. The cancellation period is 30 days from the day on which you or a third party named by you who is not the carrier took possession of the last goods.
In order to exercise your right of withdrawal, you must inform us (S.B.J - Sportland.de, Tachauerstr. 2, 92637, Weiden, info@sportland.de, 0961-6345700, 0961-6345702) by means of a clear statement (e.g. by mail sent letter, fax or email) about your decision to revoke this contract. You can use the attached sample cancellation form, although this is not mandatory.
In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.
Consequences of revocation
If you cancel this contract, we will refund to you all payments received from you, including delivery costs (except for additional costs resulting from you choosing a method of delivery other than the cheapest standard delivery offered by us have) to be repaid immediately and at the latest within 30 days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment. We may refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier
You must return or hand over the goods to us immediately and in any case no later than 30 days from the day on which you notify us of your cancellation of this contract. The deadline is met if you send the goods before the 30 day period has expired. You bear the direct costs of returning the goods. For deliveries within Germany, we cover the return costs if the value of the items to be returned is EUR 50.00 or more. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
The right of withdrawal does not apply to the following contracts:
Contracts for the supply of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
End of revocation
§ 5 Delivery time, transfer of risk
Information about the delivery date is non-binding on the part of the seller and represents only a non-binding estimate. Fixed transactions will not be concluded.
If non-compliance with an agreed delivery deadline is due to force majeure, labor disputes, fire, machine breakdown, unforeseen obstacles or other circumstances for which the seller is not responsible, the delivery deadline will be extended for the duration of these events. This applies accordingly in the event that the seller is in default of delivery when one of these events occurs.
§ 6 Warranty
There are statutory warranty rights for all goods from our shop.
§ 7 Payment, late payment
Unless otherwise agreed, invoices are payable immediately without deductions. A warranty retention is excluded. If you pay by credit card, we will initiate payment when the goods are dispatched. When paying by direct debit 3 days after the goods have been dispatched.
Deliveries within the European Union and Switzerland are only carried out against advance payment or credit card.
Deliveries outside the European Union are only carried out against advance payment.
Payments must be made to the seller's bank accounts specified on the invoice, free of charge and fees.
Bills of exchange and checks are only accepted as payment.
If the customer defaults on a payment in whole or in part for more than 30 days, if he objects to bills of exchange or checks or if an application is made to open insolvency proceedings against his assets, the seller is entitled, without prejudice to other rights, to all claims against the customer immediately due, to withhold all deliveries or services and to assert all rights arising from the retention of title.
The seller is also entitled to demand default interest of 3% above the current discount rate of the Deutsche Bundesbank, but at least 10% p.a., as damages for default. The assertion of higher damages incurred by the seller remains unaffected. The customer is entitled to provide proof that the seller suffered no or lesser damage.
The customer can only declare offsetting against the seller's claims if his claim is undisputed or legally established.
§ 8 Retention of title
The seller reserves ownership of the delivered goods until full payment has been made.
The customer is only entitled to resell, pledge, transfer by way of security, rent or transport the reserved goods abroad with the prior written consent of the seller.
The customer hereby assigns all claims and compensation claims to which he is entitled in relation to the reserved goods (e.g. from unlawful acts, insurance claims) to the seller in the amount of the invoice value of the reserved goods.
If third parties access the reserved goods, the customer must point out the ownership of the seller and notify the seller immediately in writing. If the third party is unable to reimburse the judicial and extrajudicial costs of a lawsuit in accordance with Section 771 ZPO, the customer is liable for the resulting loss.
If the customer behaves in breach of contract, the seller is entitled to collect the reserved goods and for this purpose to enter the storage or place of use of the reserved goods, even without first declaring withdrawal or exercising the rights under Section 326 of the German Civil Code (BGB). The customer waives the rights to which he would be entitled due to his own unauthorized action and allows the seller access to the rooms in which the reserved goods are located.
§ 9 Liability and limitations of liability
Claims for damages against the seller are excluded regardless of the legal basis, in particular due to delay or impossibility, breach of advisory and contractual ancillary obligations, pre-contractual obligations, positive breach of contract and tortious acts, unless the seller acted intentionally or with gross negligence or the claims for damages result from the violation of a guaranteed property.
If the seller is fundamentally liable, the claim for damages is limited to the foreseeable damage. In any case, compensation for consequential damages such as lost profits is excluded.
If and to the extent that the seller's liability is excluded, this also applies to the personal liability of the seller's employees, employees, employees, representatives and vicarious agents.
§ 10 Place of performance, place of jurisdiction
In the event that the customer is a merchant within the meaning of the German Commercial Code (HGB), Weiden is designated as the exclusive place of jurisdiction.
When dealing with end consumers, the court of residence of the end consumer is also responsible for contractual disputes.
§ 11 Applicable law, effectiveness, written form
The law of the Federal Republic of Germany. The validity of the uniform international sales law (UNCITRAL agreement) is excluded.
When dealing with end consumers, the law of the end user's place of residence is also applicable, provided that mandatory consumer law provisions are involved.
Changes and additions to the provisions contained in these conditions must be in writing and agreed in the purchase contract to be effective. Verbal or written additional agreements only bind the seller after written confirmation.
If one or more provisions are ineffective, this does not affect the effectiveness of the remaining provisions.