ID Sports GmbH
Phone.: 0711 / 27 37 51-69
Fax:. 0711/27 37 51-70
General Terms and Conditions of ID Sports GmbH
The services and offers of ID Sports GmbH are subject to these General Terms and Conditions. They are considered binding on the buyer, hereinafter referred to as the “Customer”, when the contract is concluded. These general terms and conditions apply to all contracts that the Customer concludes with us, ID Sports GmbH. Differing, conflicting or additional terms and conditions of the Customer are not part of the contract, even where knowledge of such exists, unless the parties have explicitly agreed upon this. Individual agreements of the parties always have priority. Verbal agreements before or upon conclusion of the contract shall only be valid if we have given our express written confirmation.
For the purposes of these terms and conditions, Customers are exclusively entrepreneurs, i.e. natural or legal persons or partnerships with legal capacity, that in concluding a legal transaction are acting in the execution of their commercial or independent business activity.
II. Offer and conclusion of contract
The presentation of the product is not a legally binding offer but an invitation to the Customer to make us a firm offer. The Customer’s offer may be submitted to us by telephone or by letter, fax or email.
An effective contract between the Customer and us is concluded only when we accept the Customer’s offer by letter, fax or email or by delivery of the goods within five days.
Unless expressly agreed otherwise in writing, all our prices are exclusively in euros plus applicable VAT, insofar as this is applicable.
IV. Delivery, transfer of risk, failure to accept delivery
Delivery is done by parcel service or freight forwarder. The delivery time is 6-10 business days, unless otherwise specified.
We are only entitled to make partial deliveries if the partial delivery is usable by the Customer for its intended purpose, the delivery of the remaining ordered goods is ensured and the Customer does not incur any significant additional expenditure or additional costs (unless we agree to assume these costs).
Information on the subject of the delivery or service (e.g. weight, dimensions, utility values, load, tolerances and technical data) as well as representations of the same (e.g. drawings and pictures) are only approximate, unless the usability for the contractually agreed purpose requires an exact match. They are not guaranteed characteristics but rather descriptions or identifications of the delivery. Customary deviations or deviations as a result of legal regulations or representing technical improvements, as well as the replacement of components with equivalent parts, shall be permitted provided they do not impair the usability for the contractually intended purpose.
The obligation to deliver in a timely manner is not applicable if we ourselves are not supplied properly and in time, but we concluded a concrete hedging transaction and we are not responsible for the lack of availability. The Customer shall be informed immediately about the lack of availability of the service and, if necessary, any payments already received will be refunded immediately.
With mail order purchases, the risk of accidental loss or accidental deterioration of the sold goods passes to an appropriate carrier (shipper, carrier, mail, etc.) with the handing over of the goods (shipper, carrier, mail, etc.).
If the Customer is completely or partially fails to accept the goods or to meet its other obligations, we are entitled to claim damages incurred by us including any applicable additional expenses amounting to 0.5% of the price of the goods per month or part thereof, but no more than 5% of the price of the goods. Both we and the Customer are allowed to prove that such additional costs are either higher or lower. Further claims due to failure to accept the goods remain unaffected. In these cases, the risk of accidental loss or accidental deterioration of the ordered goods is transferred directly to the Customer.
V. Payment, retention, offsetting
The Customer shall pay on receipt of invoice by bank transfer within 14 days, unless otherwise agreed in writing. A discount is allowed only with a special written agreement between us and the Customer. A payment is deemed to have been made when we can dispose of the amount. Payments by exchange, check or credit card will not be accepted by ID Sports GmbH.
We are entitled to make outstanding deliveries only against advance payment only if circumstances become known after conclusion of the contract, which are suitable to reduce the creditworthiness of Customers considerably and through which payment of our outstanding claims by the Customer is at risk from the respective contractual relationship.
If the Customer is in default on any payment, the legal regulations shall apply.
Any right of retention pertaining to the Customer is limited to matters covered by the same contract. The Customer may only off set payments if the counterclaim is undisputed, quite strongly established or recognised by us.
VI. Retention of title
We shall retain title on all goods sold until full payment of all our present and future claims under the present business relationship with the Customer.
The goods subject to retention of title may not be pledged to third parties or assigned as collateral until the secured claims have been paid in full. The Customer must notify us in writing without delay if a request is made to open insolvency proceedings, or if third parties gain access (e.g. seizures) to the goods belonging to the us.
If the Customer in breach of the terms of the contract, in particular by failing to pay overdue invoices, we are entitled to withdraw from the contract in accord with the statutory provisions and/or demand return of the goods on the basis of our retained title to the same. The demand for return of the goods does not automatically constitute our declaration of withdrawal from the contract; rather, we are entitled to assert our claim to the same and reserve the right to their return. These rights may only be asserted if we have previously set the Customer an appropriate deadline for payment to no avail or if setting such deadline may be waived according to the provisions of law.
The Customer is entitled to dispose of or resell the reserved goods within the ordinary course of business as long as they are not in default of payment. The claims resulting from further sale or a further legal justification, e.g. insurance, with regard to the reserved goods, the contracting party now already assigns as security to the full extent to us; we hereby accept such assignment. We hereby grant a revocable authorisation to the Customer to collect the claims assigned to them for their account in their own name. This authorisation can be revoked at any time if the Customer fails to fulfil their payment obligations. The Customer is not entitled to cede this claim for the purpose of debt collection by way of factoring, unless reasons are simultaneously stated for the obligation of the factor to transfer the quid pro quo in the amount of the claims directly to us, while there are still secured claims by us against the Customer.
If the realisable value of the securities exceeds our secured claims by more than 10%, we may at our discretion release the securities at the Customer’s request.
The statutory warranty regulations apply with the following exceptions:
The warranty period is one year from transfer of risk. This does not affect the statutory limitation of expenses and damages claims by the Customer due to injury to life, limb or health, fraudulent concealment of defects, recourse, claims under the Product Liability Act and for wilful or grossly negligent breaches of duty.
The Customer is obliged to examine received goods immediately for defects and inform us of obvious defects within 14 days from receipt of goods in writing or by email. The same applies to hidden defects from the time the defect is discovered. Making a timely complaint is sufficient to be deemed within the defect notice period. If the Customer fails to notify any defects as stated above, the goods shall be deemed to have been approved in respect of the defects in question
If the complaint is justified and has been notified within the deadline, we are entitled to remedy the defect at our discretion by free repair or replacement. If the remedy fails, the Customer is entitled to reduce the purchase price or withdraw from the contract. If a defect is our fault, the Customer may claim damages under the specific conditions set out in Section VIII.
If we eliminate a defect under warranty by replacement, this shall not result in the warranty period restarting.
VIII. Limitations of Liability
We have unlimited liability for intent, gross negligence, personal injury (injury to life, limb or health), malice, warranty promises, claims under the Product Liability Act and other mandatory statutory cases.
For light malpractice we shall only be liable if an essential contractual obligation (cardinal obligation) has been breached and the occurrence of the damage should be prevented by essential contractual obligation. Cardinal obligation means an obligation whose fulfilment is essential for the proper execution of the contract and compliance with which the Customer may rely on. Liability in the case of breach of a cardinal obligation is limited to the typical foreseeable damage.
The limitations of Section VIII shall also apply to the legal representatives and agents of ID Sports GmbH, if claims are made directly against them.
IX. Applicable law, place of jurisdiction
The material law of the Federal Republic of Germany applies, with the exclusion of the UN Sales Convention (CISG).
Place of performance and jurisdiction for all disputes arising between us and contracts concluded with Customers is Stuttgart. However, ID Sports GmbH is entitled to sue the Customer at their place of residence and / or domicile.