Terms & Conditions

Contractual conditions within the framework of purchase contracts concluded via the platform: https://sprouters.de

between:

Sprouters GmbH

Katharinengasse 11

97070 Würzburg

+49 931 30197437

info@sprouters-skateshop.de

sprouters.com

hereinafter referred to as “Provider”

and

 the users of this platform designated in § 2 of these GTC, hereinafter referred to as “Customer/Customers”.

§1 Scope of application

The business relationship between the Provider and the Customer shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the Shop. Deviating terms and conditions of the customer are not recognized unless the provider expressly agrees to their validity in writing.

§2 Conclusion of contract

(1) The customer can select products from the provider’s range and collect them in a so-called shopping cart using the “Add to cart” button. By clicking the “Buy now” button, the customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time.

 (2) The provider then sends the customer an automatic confirmation of receipt with the subject “Confirmation of your order with Sprouters” by e-mail, in which the customer’s order is listed again and which the customer can print out using the “Print” function. The customer’s order (1) represents the offer to conclude a contract with the respective content of the shopping cart. The confirmation of receipt (order confirmation) represents the acceptance of the offer by the provider. It summarizes the content of the Shop. In this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, the contract text (consisting of the order, GTC and order confirmation) will be sent to the customer by us on a permanent data carrier (e-mail or paper printout). The text of the contract is stored in compliance with data protection regulations.

 (3) The contract is concluded in the following languages: German.

§3 Delivery

Availability of goods and payment

(1) Delivery

Delivery will be made to the delivery address specified by you within the delivery period shown on the respective offer page. We deliver with DHL (www.dhl.de). The period relevant for determining the delivery date begins on the day of receipt of the full purchase price (including VAT and shipping costs) in the case of payment in advance, in the case of payment by PayPal as soon as the payment is received by PayPal, in the case of payment by credit card upon receipt of the order confirmation. If possible, you will receive your order in a single shipment. If, for technical or logistical reasons, for example because your Shop contains items that need to be packaged separately or transported differently, a separate shipment is required, you will not incur any additional costs.

 (2) Availability of goods

If the product designated by the customer in the order is only temporarily unavailable, the supplier shall also inform the customer of this immediately. In the event of a delay in delivery of more than two weeks, the customer has the right to withdraw from the contract. In this case, the supplier is also entitled to withdraw from the contract. In this case, he shall immediately reimburse any payments already made by the customer.

 (3) Payment

The payment options specified in our offer are available to you for payment. If you choose to pay in advance, we will send you an order confirmation and another email with payment information containing our bank details immediately after you have placed your Shop. We will then only dispatch your goods after receipt of payment. The invoice amount must be transferred to our account within 10 days of receiving the “payment information” e-mail. In the case of bank transfers from abroad, you may have to pay any fees incurred by your bank.

§4 Reservation of self-delivery

If we are not supplied by our suppliers through no fault of our own and the ordered product is therefore not available, we reserve the right to withdraw from the contract. In this case you will be informed by us as soon as possible.

§5 Retention of title

The delivered goods remain the property of the supplier until the purchase price has been paid in full.

§6 Prices and shipping costs

The prices stated at the time of Shop apply. These prices are prices in euros including the applicable statutory value added tax. All prices quoted do not include shipping costs.

§7 Warranty for material defects

In the event of defects in the delivered goods, the statutory rights apply.

§8 Liability

(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.

(2) In the event of a breach of material contractual obligations, the Provider shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless the Customer’s claims for damages are based on injury to life, limb or health.

(3) The restrictions of paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.

(4) The provisions of the Product Liability Act remain unaffected.

§9 Information on data processing

(1) The provider collects customer data in the course of processing contracts. In doing so, it shall observe in particular the provisions of the Federal Data Protection Act and the Telemedia Act. Without the customer’s consent, the provider shall only collect, process or use the customer’s inventory and usage data insofar as this is necessary for the processing of the contractual relationship and for the use and billing of telemedia.

(2) Without the customer’s consent, the provider shall not use the customer’s data for the purposes of advertising, market or opinion research.

§10 Final provisions

(1) The law of the Federal Republic of Germany shall apply to contracts between the Provider and the Customer to the exclusion of the UN Convention on Contracts for the International Sale of Goods and international private law.

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.

(3) The contract shall remain binding in its remaining parts even if individual points are legally invalid. The ineffective points shall be replaced by the statutory provisions, if any. However, if this would constitute an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.

Alternative dispute resolution pursuant to Art. 14 para. 1 ODR-VO and § 36 VSBG:

The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

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