General Terms And Conditions

Terms of Service

1. General, Scope
These terms and conditions apply to all contracts between the Tennis World Trading GmbH, Kampstraße 1a, 33332 Gütersloh (hereinafter: seller) and their customers in the online shop of the seller (www.tw-gt.de) between this and the Customers are completed. These terms and conditions apply exclusively; The seller does not acknowledge any conflicting or deviating terms and conditions of the customer, unless the seller has expressly agreed to their validity in writing. These terms and conditions also apply if the seller carries out the delivery to the customer unconditionally in the knowledge of conflicting or deviating terms and conditions of the customer.

2. Conclusion of contract
2.1. The goods offered in the seller's online shop are not offers in the legal sense. They merely represent an invitation to the customer to submit an offer to conclude a contract.
2.2. With his order, the customer makes a binding offer to conclude a contract with the seller. The customer is bound to this offer for one week.
2.3. After placing the order, the customer will receive an e-mail immediately confirming that his order has been received by the seller; This confirmation does not constitute acceptance of the contract offer of the customer.
2.4. A contract is made by a statement of the seller, with which he accepts the offer of the customer.

3. Right of withdrawal
If the customer is a consumer within the meaning of § 13 BGB - ie a natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity can be attributed - he is entitled to his declaring the conclusion of the contract declarations of intent in accordance with the statutory provisions. The relevant cancellation policy and a sample withdrawal form are reproduced separately on the websites of the online shop.

4. Prices, costs of return in case of cancellation, payment
4.1. The prices indicated in the goods offered by the seller include VAT at the statutory rate. The price does not include the delivery and shipping costs including the costs for packaging; these will be charged separately.
4.2. The costs for delivery and shipping are shown in the online shop of the seller in the local information about the individual articles.
4.3. Payments can be made by bank transfer. You must make the following bank account details of the seller:

Tennis World Trading GmbH
Account number: 503 207 600
at Commerzbank (BLZ: 478 800 31)

for international transfers:
Tennis World Trading GmbH
Commerzbank
SWIFT-BIC: DRES DE FF
IBAN: DE36 47880031 0503207600

4.4. In the event of a cancellation, the seller will repay any payments made by the customer by bank transfer to the bank account specified by the customer.

5. Delivery
5.1. The seller will deliver the goods immediately - but at the latest within two weeks - after the conclusion of the contract.
5.2. Delivery will be made to the address given by the customer.
5.3. The seller shall be liable in accordance with the statutory provisions, if the contract is a fixed transaction or the customer is entitled, due to a delay in delivery for which the seller is responsible, to invoke the loss of his interest in the performance of the contract.
5.4. Furthermore, the seller shall be liable in accordance with the statutory provisions, insofar as the delay in delivery is based on an intentional or grossly negligent breach of contract for which he is responsible; A fault of his representatives or vicarious agents is attributable to the seller. If the delay in delivery is not based on an intentional breach of contract for which the seller is responsible, his liability for damages shall be limited to the foreseeable, typically occurring damage.
5.5. The seller shall also be liable in accordance with the statutory provisions insofar as the delay in delivery for which he is responsible is based on the culpable breach of a contractual obligation, the fulfillment of which enables the orderly performance of the contract and on whose compliance the customer can regularly rely; In this case, however, the liability for damages is limited to the predictable, typically occurring damage.
5.6. Incidentally, in the event of a delay in delivery, the seller shall only be liable in the amount of the foreseeable, typically occurring damage.
5.7. Further legal claims and rights of the customer remain reserved.

6. Transfer of risk
The risk of accidental loss and accidental deterioration passes to the customer when the goods are sold. The transfer is the same if the customer is in default of acceptance.

7. Retention of title
7.1. Until receipt of all payments due to the seller under the respective contract against the customer, the seller shall be granted the following securities, which he will release upon request of the customer, as far as the realizable value of the securities exceeds the claims to be secured by more exceeds 10%:
7.2. The goods remain the property of the seller. The customer stores the property free of charge. He has to treat the goods subject to retention of title with care. The customer may not dispose of reserved goods. Any relocation and intervention by third parties, in particular seizures, must be reported to the seller in writing without delay, if necessary accompanied by the seizure protocol.
7.3. If the seller has withdrawn from the contract in the case of an unsuccessful or non-contractual performance of the customer, he may demand the retention of title from the customer. Claims for damages of the seller are not excluded.

8. Right of withdrawal of the seller
8.1. The seller is exempt from the obligation to deliver if the manufacturer has ceased production of the ordered goods, if the final non-delivery of the seller is due to force majeure and the seller can not procure the ordered goods in the aforementioned two cases on reasonable terms; if these circumstances only occurred after the conclusion of the contract and the seller is not responsible for the non-delivery. The seller has to inform the customer about the circumstances mentioned immediately and to reimburse counter-payments of the customer immediately.
8.2. A right of withdrawal is granted to the seller, if the customer has provided incorrect information about the credit-related facts, unless the customer makes advance payment without delay. The seller is also entitled to a right of withdrawal if it becomes apparent after conclusion of the contract that his claim to the purchase price is jeopardized due to the customer's inability to perform and he has unsuccessfully requested the customer to make the delivery against him within a reasonable period Services to pay the purchase price or to provide security.

9. Claims for defects
9.1. The seller generally provides warranty in accordance with the statutory provisions.
9.2. By way of derogation and in addition, the following is agreed:
a) For the liability of the seller for damages, section 10 below applies.
b) The limitation period for rights of the buyer for defects in used goods is only 1 year from delivery or handover of the thing. This relief of limitation shall not apply to the liability of the seller in accordance with paragraph 10.1 below. and 10.4.

10. Liability
10.1. The seller is liable according to the legal provisions for culpable injury to life, limb or health; due to liability under the Product Liability Act; for all claims because of defects, if he has fraudulently concealed the defect, as well as for damages that are based on intentional or grossly negligent breaches of duty of the seller, his legal representatives or vicarious agents.
10.2. The seller shall also be liable for damages caused by simple negligence, insofar as this negligence relates to the breach of obligations, the fulfillment of which enables the proper execution of the contract and on whose compliance the customer can regularly rely; In these cases, the liability for damages is limited to the predictable, typically occurring damage.
10.3. Insofar as the customer is entitled to compensation for the damage instead of the service, the liability of the seller is limited to compensation for the foreseeable, typically occurring damage.
10.4. Insofar as the seller has given a quality and / or durability guarantee with regard to the goods or parts thereof, he is also liable under this guarantee. However, the seller is only liable for damage resulting from a lack of guaranteed quality or durability, but does not directly affect the goods, if the risk of such damage is clearly covered by the guarantee of quality and / or durability.
10.5. Any further liability for damages as provided for in clauses 10.1 to 10.4 above is excluded - regardless of the legal nature of the claim asserted. This applies in particular to claims for damages arising from negligence on conclusion of the contract, due to other breaches of duty or due to tort claims for compensation for material damage.
10.6. The limitation according to clause 10.5 above also applies insofar as the customer demands compensation for useless expenses instead of a claim for compensation for the damage instead of the service.

10. Liability
10.1. The seller is liable according to the legal provisions for culpable injury to life, limb or health; due to liability under the Product Liability Act; for all claims because of defects, if he has fraudulently concealed the defect, as well as for damages that are based on intentional or grossly negligent breaches of duty of the seller, his legal representatives or vicarious agents.
10.2. The seller shall also be liable for damages caused by simple negligence, insofar as this negligence relates to the breach of obligations, the fulfillment of which enables the proper execution of the contract and on whose compliance the customer can regularly rely; In these cases, the liability for damages is limited to the predictable, typically occurring damage.
10.3. Insofar as the customer is entitled to compensation for the damage instead of the service, the liability of the seller is limited to compensation for the foreseeable, typically occurring damage.
10.4. Insofar as the seller has given a quality and / or durability guarantee with regard to the goods or parts thereof, he is also liable under this guarantee. However, the seller is only liable for damage resulting from a lack of guaranteed quality or durability, but does not directly affect the goods, if the risk of such damage is clearly covered by the guarantee of quality and / or durability.
10.5. Any further liability for damages as provided for in clauses 10.1 to 10.4 above is excluded - regardless of the legal nature of the claim asserted. This applies in particular to claims for damages arising from negligence on conclusion of the contract, due to other breaches of duty or due to tort claims for compensation for material damage.
10.6. The limitation according to clause 10.5 above also applies insofar as the customer demands compensation for useless expenses instead of a claim for compensation for the damage instead of the service.
10.7. Insofar as the liability for damages to the seller is excluded or limited, this also applies with regard to the personal liability for damages of his employees, employees, employees, representatives and vicarious agents.

11. Alternative dispute resolution in consumer matters
The seller is not obliged and unwilling to participate in a dispute settlement procedure before a consumer arbitration board.

12. Applicable law
The law of the Federal Republic of Germany. The validity of the UN sales law is excluded.