Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Fundamental Provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Matthias Rippel) via the website heavy-padel.de. Unless otherwise agreed, the inclusion of your own terms and conditions, if any, is hereby objected to.
(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Formation of the Contract
(1) The subject of the contract is the sale of goods.
(2) By placing the respective product on our website, we make a binding offer to you to conclude a contract via the online shopping cart system under the conditions stated in the item description.
(3) The contract is formed via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can call up the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After clicking the "Checkout" or "Proceed to order" button (or similar designation) and entering your personal data as well as the payment and shipping conditions, the order data will finally be displayed to you as an order overview.
If you use an instant payment system (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as a payment method, you will either be directed to the order overview page in our online shop or to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, you make the corresponding selection or entry of your data there. Finally, the order data will be displayed to you as an order overview on the website of the instant payment system provider or after you have been redirected back to our online shop.
Before submitting the order, you have the option to review the information in the order overview again, change it (also by using the "back" function of the internet browser) or cancel the order.
By submitting the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order with costs", "pay" / "pay now" or similar designation), you legally declare your acceptance of the offer, thereby concluding the contract.
§ 3 Special Agreements on Offered Payment Methods
(1) Payment via "PayPal" / "PayPal Checkout"
If you choose a payment method offered via "PayPal" / "PayPal Checkout", the payment processing is handled by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" are displayed to you under a correspondingly designated button on our website and in the online ordering process. For payment processing, "PayPal" may use other payment services; insofar as special payment conditions apply, you will be separately informed about them. Further information on "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
(2) Payment via "Shopify Payments"
If you choose a payment method offered via "Shopify Payments", the Shopify Payments service of Shopify International Limited (2nd Floor Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland), the payment processing is handled by the payment service provider Stripe Payments Europe, Ltd. (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland; "Stripe"). The individual payment methods via Shopify Payments are displayed to you under a correspondingly designated button on our website and in the online ordering process. For payment processing, Stripe may use other payment services; insofar as special payment conditions apply, you will be separately informed about them. Further information on Shopify Payments can be found at https://www.shopify.com/de/legal/terms-payments/de.
§ 4 Right of Retention, Retention of Title
(1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
§ 5 Warranty
(1) The statutory liability for defects applies.
(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects, and transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty claims.
(3) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed of it by us before submitting your contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
§ 6 Choice of Law
(1) German law applies. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favorability).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods are expressly excluded.
II. Customer Information
1. Identity of the Seller
Matthias Rippel
Schnieglinger Strasse 225b
90427 Nürnberg
Germany
Phone: +491608843356
Email: info@heavy-padel.de
We are not willing and not obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on the Formation of the Contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself, and the correction possibilities are in accordance with the provisions "Formation of the Contract" of our General Terms and Conditions (Part I).
3. Contract Language, Storage of Contract Text
3.1. The contract language is German.
3.2. We do not store the complete contract text. Before submitting the order via the online shopping cart system, the contract data can be printed out or saved electronically using the browser's print function. After we receive the order, the order data, the legally prescribed information for distance contracts, and the General Terms and Conditions will be sent to you again by e-mail.
4. Essential Characteristics of the Goods or Services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. Prices and Payment Modalities
5.1. The prices quoted in the respective offers, as well as the shipping costs, are total prices. They include all price components, including all applicable taxes.
5.2. The incurred shipping costs are not included in the purchase price. They can be viewed via a correspondingly designated button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you in addition, unless free shipping has been promised.
5.3. Costs incurred for money transfers (transfer or exchange rate fees of credit institutions) are to be borne by you in cases where delivery is made to an EU member state, but payment was initiated outside the European Union.
5.4. The payment methods available to you are indicated under a correspondingly designated button on our website or in the respective offer.
5.5. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
6. Delivery Conditions
6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
6.2. If you are a consumer, it is legally stipulated that the risk of accidental loss and accidental deterioration of the sold item during shipment passes to you only upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or a person otherwise designated to carry out the shipment.
7. Statutory Liability for Defects
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
These General Terms and Conditions and customer information were created by the lawyers of Händlerbund specializing in IT law and are constantly checked for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and is liable in case of warnings. Further information can be found at: https://www.haendlerbund.de/