Terms & Conditions – “ICEdot Europe”
1.1 These Terms & Conditions issued by “SportsCurve GmbH” (hereinafter “Seller”), shall apply to all contracts which a consumer or entrepreneur (hereinafter “Customer”) concludes with the Seller with regard to the goods and/or services presented by the Seller in his online shop. The inclusion of the Customer’s own terms and conditions is herewith vetoed unless agreed otherwise.
1.2 A consumer within the meaning of these General Terms & Conditions is any natural person who concludes a legal transaction for a purpose that cannot be ascribed to either his commercial or his independent professional activity. An entrepreneur within the meaning of these General Terms and Conditions is any natural person or legal entity or a partnership with legal capacity, which acts in the exercise of his/its independent professional or commercial activity.
2 Conclusion of contract
2.1 The descriptions of the products in the Seller’s online shop do not constitute a binding offer on the part of the Seller but serve as a basis for a binding offer by the Customer.
2.2 The Customer may make the offer via the online order form incorporated in the Seller’s online shop. Here, having entered his personal data and by clicking the button to complete the order, the Customer makes a legally binding offer of contract in relation to the goods contained in his basket.
2.3 The Seller may accept the Customer’s offer within two days:
– by sending the Customer an order confirmation in writing or an order confirmation in text format (fax or e-mail), where receipt of the order confirmation by the Customer is crucial, or
– by supplying the Customer with the goods he has ordered, where receipt of the goods by the Customer is crucial, or
– by asking the Customer to pay after submitting his order.
If several of the above-mentioned alternatives apply, the contract will be concluded when one of the above-mentioned alternatives occurs to begin with. If the Seller does not accept the Customer’s offer within the above-mentioned period, this counts as a rejection of the offer with the result that the Customer is no longer bound by his declaration of intent.
2.4 The period for acceptance of the offer shall commence on the day after submission of the offer by the Customer and shall conclude at the end of the second day following that on which the offer was submitted. If the last day of the deadline falls on a Saturday, a Sunday or on an official public holiday at the Seller’s registered office, the next working day shall replace this day.
2.5 As a rule, order processing and any contact between the Seller and the Customer shall take place via e-mail and automated order processing. The Customer must ensure that the e-mail he provides for processing the order is correct, meaning that e-mails sent by the Seller can be received at this address. In particular, the Customer must ensure – by using SPAM filters – that all e-mails sent by the Seller or third parties tasked by the latter with processing the order can be delivered.
3 Return costs when the right to cancel is exercised
If the Customer is entitled to cancel, the regular costs of return will be imposed on him if he exercises his right to cancel if the price of the item to be returned does not exceed a figure of 40 euros or if, in the event of the item costing more, the Customer has not yet provided the consideration or a part payment when cancellation takes place, unless the goods supplied do not match those that were ordered. In all other cases, the Seller shall bear the costs of return.
4 Prices and payment conditions
4.1 The prices quoted by the Seller are final prices and include statutory sales tax. Any additional delivery and shipping costs are quoted separately in the respective product description.
4.2 Additional costs may accrue on a case-by-case business for deliveries to countries outside the European Union, for which the Seller is not responsible and which must be borne by the Customer. These include, for example, the fees charged by banks for transferring funds (e.g. credit transfer charges, exchange commission) or levies and taxes payable on imports (e.g. customs duties).
4.3 The Customer has various payment options, which are detailed in the Seller’s online shop.
4.4 If prepayment is agreed, payment is due as soon as the contract is concluded.
5 Delivery and shipping conditions
5.1 Goods are usually delivered via mail order to the delivery address provided by the Customer. When processing the transaction, the delivery address given in the Seller’s checkout process is definitive. However, if PayPal is chosen as the type of payment, the delivery address given by the Customer when he pays by PayPal is definitive.
5.2 If the shipping company returns the shipped goods to the Seller because it was unable to deliver them to the Customer, the Customer shall bear the costs of the failed delivery. This shall not be the case if the Customer exercises his right to cancel by refusing to accept the goods when he is not responsible for the circumstances, which led to the delivery being impossible, or if he was prevented temporarily from accepting the service offered unless the Seller had given him appropriate advance notice of the service.
5.3 In principle, the risk of accidental loss of and accidental deterioration in the goods sold is transferred when they are handed over to the Customer or a person entitled to receive them. If the Customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration is transferred on delivery of the goods to a suitable shipping agent at the Seller’s registered office in the case of a sale involving the carriage of goods.
5.4 The Seller reserves the right to withdraw from the contract in the event of his not being supplied with the correct goods or not being properly supplied. This shall only be the case if the Seller is not responsible for the non-delivery and the latter has, with the diligence required, concluded a specific covering transaction with the supplier. The Seller will make every reasonable effort to procure the goods. In the event of the goods not being available or being only partially available, the Customer will be informed without delay and the consideration reimbursed without delay.
5.5 Collection by the Customer is not possible for logistical reasons.
6 Liability for defects
The statutory liability for defects shall apply.
7 Applicable law
7.1 The law of the Federal Republic of Germany shall apply to legal relations between the parties with the laws on the international trade in movable items being excluded. For consumers, this choice of law only applies in as much as the protection granted is not withdrawn through mandatory provisions of the law in the state in which the consumer is normally resident.
7.2 If the Customer is acting as a businessman, legal entity under public law or special fund under public law based in the territory of the Federal Republic of Germany, the Seller’s registered office is the sole place of jurisdiction for all disputes arising under this contract. If the Customer’s registered office is outside the territory of the Federal Republic of Germany, the Seller’s registered office is the sole place of jurisdiction for all disputes arising under this contract, if the contract or claims under the contract can be ascribed to the Customer’s professional or commercial activity. However, the Seller is in any case entitled to appeal to the court at the Customer’s registered office in the above-mentioned cases.
7.3 The contractual language is German.
B. Customer information
1. Information about the Seller’s identity
Tel.: 0049 (0)8152-9099047
Fax: 0049 (0)8152-9099894
2. Information about the essential features of the goods or service
The essential features of the goods or service can be found in the relevant product description provided by the Seller.
3. Information about the conclusion of the contract
The contract shall be concluded in accordance with the provisions of clause 2 of the Seller’s General Terms & Conditions (see above).
4 Information about payment and delivery
Payment shall be effected in accordance with the provisions of clause 4, delivery in accordance with the provisions of clause 5 of the Seller’s General Terms & Conditions (see above).
5 Information about the technical steps which lead to the contract being concluded. The Customer must run through the following technical steps to submit his offer via the Seller’s online order form:
5.0.1 Place the article he wants in the virtual shopping basket
5.0.2 Input the billing and delivery address
5.0.3 Select his preferred shipping method
5.0.4 Select his preferred method of payment
5.0.5 Review his order details
5.0.6 Place the order
5.1 Acceptance by the Seller shall take place in accordance with the provisions of clause 2.3 of the Seller’s General Terms & Conditions (see above).
6 Information about storing the text of the contract.
The text of the contract will be stored by the Seller and sent to the Customer once he has placed his order together with the present Terms & Conditions and customer information in text format (e.g. as a letter, fax, e-mail). However, the Customer will no longer be able to download the text of the contract from the Seller’s website once he has placed his order.
7 Information about the technical means for recognising incorrect entries and correcting them
Before placing his binding order, the Customer may correct his entries on an ongoing basis using the normal keyboard and mouse functions. All entries are also displayed once more in a confirmation window before he places his binding order and can also be corrected there using the normal keyboard and mouse functions.
8 Information about the languages available for conclusion of the contract.
German is the only language available for conclusion of the contract.