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General terms and conditions

General terms and conditions for the ID Sports GmbH documented on June 2009-06-24

ID Sports GmbH, Calwer Str. 42/44, 70173 Stuttgart,

Fax: +49 711/273751-70, Email: info@gibbon-slacklines.com

§ 1 Area of application
1.  
The following general terms and conditions apply for all online activities between the ID Sports GmbH and the consumer. 
2.  
The customer is consumer as long as the agreed arrangements and services are not allocated to business and freelance related activities. As regards to traders the conditions deviate from this clause.
§ 2 Quotation and conclusion of contract
1.      The goods offered in the online shop of the ID Sports GmbH are without engagement. As the customer orders via the given shopping system of the online shop the application is binding to the purchase of the goods in the shopping basket. Prior to sending the order the customer can alter the details of the order at any time. The submission of the application though can only be transmitted if the customer tags the button "accept general terms and conditions" and hence accepts these stated terms and conditions and taking them into the application.
2. 
The client receives after submission of the order an automatic notice of receipt via email, where the client data and ordered articles are summarised. This automatic notice of receipt documents only the submission of the order by the client and is no declaration of acceptance. The contract is validated by the submission of the written confirmation email by the ID Sports GmbH.
§ 3 Pricing / terms of payment / shipping cost
1. All prices are in Euro and contain the compulsory value added tax. The purchaser carries the cost of transport starting from the shipment out of storage.
2.
The shipment is executed ensured via a parcel service of choice by the ID Sports GmbH. The shipping costs are as followed: 

4,95 € bis 15 kg
8,90 € bis 30 kg.
3.
The client can undertake the payment via direct debit, credit card, paypal or via billing. A payment via bill can only be undertaken by clients which have ordered at least 2 x at the ID Sports GmbH prior to the billed order.
4. The payment of the purchase price is due after conclusion of contract. If the payment is arranged to a calendar date the client´s payment is already over due on passing of the date. In this case the ID Sports GmbH receives a basic default interest rate of 5% on top of the over due payment.
§ 4 Delivery / shipment / risk taking 
1.      Delivery dates in offers and order confirmations are without obligations and not binding.
2.
A binding delivery date is only compulsory after clearly agreed confirmation by both parties.
3.
A binding delivery date is upheld as soon as the goods have left the ID Sports GmbH or the shipping capability has been submitted to the client.
4.    

Prior to upholding the binding date of delivery the client is obliged to follow the agreed contract and concurrence obligations
5.
The binding delivery date is extended according to actions related to labour disputes, especially strikes and exclusions as well as the occurrence of unexpected events which are not represented by the ID Sports GmbH and take influence on the binding delivery date. The same counts on similar events related to any partner involved within the process of shipment. This rule also takes place if the occurrence  happens during a running process of delay.  In any case of the mentioned causes the ID Sports GmbH is obliged to inform the client as soon as possible.
6.   
In case of proof of a liable delay of delivery by the ID Sports GmbH, the client has the right besides any other demands to receive a delay compensation restricted though to a maximum value of 5% netto of the original order. The liability of the ID Sports GmbH in case of guarantee is excluded from gross negligent actions.
§ 5 Reservation of proprietary rights 

The ID Sports GmbH has the right to uphold the proprietary rights of its goods up to the complete payment of the order including all side costs.
§ 6
Warranty 

The ID Sports GmbH is liable for faulty goods according to the statutory regulations, specifically the §§434 ff BGB
§ 7
Liability 
1. 
The ID Sports GmbH is only liable to compensations and replacement of the unsuccessful outlay  according to §284 BGB:

a. by criminal intent or gross negligence; 

b. by negligent or gross intent of harming life, body or health;

c. by negligent or gross intent of breaching the contract obligations;

d. due to mandatory liability according to product liability clauses or;

e. for breaching the essential contract obligations or other damages relating to purposeful or gross negligent breach of duty by the ID Sports GmbH or any of its related partners. Essential contract obligations are such as necessary to fulfilment of the contract target.
2. 
the right of compensation according to point 1 is though restricted to the typical contract related and predictable damages except gross negligence can be proven, or the liability of the ID Sports GmbH results in harming life, body and health or on liability due to guarantee of quality. 
§ 8
Right of withdrawal by the client 
1. The client can withdraw the contract agreement in written form (eg. letter, email. fax) or by returning the goods to the ID Sports GmbH GmbH, Calwer Str. 42/44, 70173 Stuttgart without any explanation within 14 days. The expiration time is set between reception of the goods up to forwarding the written notification by the client. To ensure the deadline of expiration time the goods simply have to be sent back in time. The disclaimer is to directed to
ID Sports GmbH, Calwer Str. 42/44, 70173 Stuttgart,
Fax: 0711/273751-70, Email: info@gibbon-slacklines.com
2. 
Shippable goods are to be sent back on cost and risk of the ID Sports GmbH to the address listed at point 1. If the goods are below 40,00€ the customer carries the cost of returning the goods or if the customer has not paid the original cost or bill for the acquired goods, except the goods are not those which were ordered. Not shippable goods will be collected at the customer. 
3.
In case of a valid return of the goods ID Sports will return the original purchase value back to the customer. If the returned goods are not not are not returnable or in a damaged state the customer has to return a relevant compensation value also if the damage is related to usage and wear. The loss of value is measured relative to the original purchasing price. A loss of value can be avoided by not using the product as an owner and avoids any related wear lowering the value of the product.

§ 9
Final clauses 
1.    

On all contract agreements solely the laws of the Republic of Germany apply under exception of the UN agreement for international goods purchase (CISG).     
2.      Court of jurisdiction is Stuttgart except a different court is ordered by law. 

In case one of the relevant terms are not valid in a specific case all other terms are still valid. In this case both contracting partners oblige to develop an alternative clause, which is similar or close to the existing clause. 


     

 

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