General Terms and Conditions
The following General Terms and Conditions (hereinafter referred to as the « GTCs ») apply to all contracts concluded through the webshop of True Tape Sports GmbH (hereinafter referred to as the « seller ») – a limited liability company (GmbH) within the meaning of § 1 Law on Limited Liability Companies (GmbHG) with registered office in 80339 Munich and a registration at the District Court (Amtsgericht) of Munich – between the seller and the user of the product as the customer (hereinafter referred to as the « customer »). The version of the GTCs that is valid at the time that the contract is signed is binding. Deviating contractual conditions on the part of the customer shall be deemed rejected, even without an express declaration of rejection.
1. Definition of terms
1.1 GTCs are the clauses of these General Terms and Conditions.
1.2 Buttons are linked fields on the homepage; these can be clicked on with the mouse.
1.3 Cardinal obligations are those essential contractual obligations to which the parties are subject and which are indispensable for the performance of the contract.
1.4 The customer is the buyer of goods via the webshop, as specified in the introduction to these GTCs.
1.5 The seller is the supplier of goods via the webshop, in this case True Tape Sports GmbH; a more detailed description can be found in the introduction to these GTCs.
2. Conclusion of contract
2.1 The customer can put kinesiologic sports tapes from the range of goods offered by the seller into his shopping cart using the « add to shopping cart » button, and afterwards place a legally binding request to conclude a sales contract for the goods in the shopping cart by pressing the button « order now ». The goods to be purchased and mandatory information can be modified and verified at any time up to the placement of the order. The order placement is only effective if the customer has read and accepted the GTCs.
2.2 The seller shall send an automatic confirmation of order receipt after receiving the order. This does not represent the legally binding acceptance of the order, but rather merely documents order receipt. The receipt confirmation again includes an overview of the goods ordered by the customer.
2.3 The seller expresses order acceptance by email (order confirmation). The order confirmation contains a list of the ordered goods as well as the GTCs. The seller guarantees compliance with all data protection regulations. The order confirmation shall only be issued after receipt of payment, unless the agreed method of payment stipulates otherwise.
2.4 The language of the contract shall be German, unless there are separate individual agreements.
3. Delivery conditions and retention of title
3.1 The delivery time is calculated following the moment of order confirmation and generally amounts to 3–5 days. This does not apply if information specifying otherwise is given in the webshop.
3.2 If an article in the webshop is temporarily not available, the seller undertakes to inform the customer immediately. If the ordered item(s) cannot be delivered within 14 days, the customer can withdraw from the contract; the seller is entitled to the same right. Any payments that the customer already made will be refunded.
3.3 If an item in the webshop is permanently unavailable, the seller will not declare acceptance of the contract.
3.4 The goods shall remain the property of the seller until the purchase price of the ordered goods has been paid in full. This also applies if the goods have already been handed over.
4.1 All prices stated in the webshop include the statutory value added tax.
4.2 The customer bears the costs of shipping up to a purchase amount of €60. This does not apply if the customer has made use of his legally guaranteed right of withdrawal. The seller shall specify the shipping costs when calculating the purchase price in the shopping cart.
4.3 The seller bears the risks of shipping vis-à-vis customers who are consumers.
4.4 If the statutory right of withdrawal is exercised, the customer shall bear the costs of the return shipment.
5.1 The warranty rights for customers who are not entrepreneurs shall be determined pursuant to §§ 434 et seqq. German Civil Code (BGB). The warranty period vis-à-vis entrepreneurs amounts to one year from delivery of the goods.
5.2 Any additional agreements on warranties provided by the seller must be made in writing.
6. Payment methods
6.1 The customer can choose between payment by credit card, PayPal, prepayment, and Sofortüberweisung.de (instant transfer). Agreements deviating from these can be made.
6.2 The purchase price is due immediately upon conclusion of the contract. If a calendar date is specified for the due date, the customer will be in default if the date is not observed. In the event of debtor’s default, the legal consequences of §§ 286 et seqq. German Civil Code (BGB) shall take force.
7.1 The customer cannot claim for damages unless otherwise stipulated in the GTCs.
8. Right of withdrawal of the consumer – withdrawal instruction
8.1 If the customer is a natural person who enters into a legal transaction for purposes that can neither primarily be attributed to their commercial, nor to their independent professional activity (consumer), they are entitled to a legal right of withdrawal. Below, you will find the legally required instructions about the conditions of the right of withdrawal and the consequences of withdrawal. You also receive a sample withdrawal form; however, you are not obliged to use it.
Right of withdrawal
You have the right to withdraw from this contract within fourteen days of conclusion without the need for explanation.
The period for cancellation is fourteen days from the day that you, or any third party authorised by you other than the carrier, have or has accepted delivery of the final item(s) of your order.
To exercise your right of withdrawal, you must expressly notify us (True Tape Sports GmbH, Fäustlestrasse 7, 80339 Munich, Tel.: +49 89 52060683, email: email@example.com) of this by sending us an unequivocal statement of your decision to do so (e.g. by letter or email). You may use the attached sample withdrawal form (which can be found at the end of the GTCs), but this is not required. To uphold the cancellation period, it is sufficient for you to send the notification to exercise your right of withdrawal before expiry of the cancellation period.
Consequences of withdrawal
If you withdraw from this contract, we are obliged to refund all payments we have received from you including the shipping charges (except for additional costs arising if you chose a method of shipping different from the most cost-efficient standard delivery specified by us) without delay and at the latest within fourteen days from the day on which we received the notice of withdrawal. The refund shall be issued using the same payment method that you provided for the original transaction, unless otherwise explicitly agreed with you; under no circumstances will you be charged fees to process this refund. We may withhold the refund until the items have been returned to us, or until you have provided evidence that you have shipped the goods, whichever takes place first.
You must send back the goods to us (True Tape Sports GmbH, Fäustlestrasse 7, 80339Munich) without delay, no later than fourteen days from the day on which you notified us about withdrawing from this contract. The deadline is met if you send the goods back before the period of fourteen days has expired.
We will bear the cost of returning the items.
You shall only be liable for the diminished value of the goods if this diminished value can be attributed to handling that is not necessary to establish the nature, characteristics, and functioning of the goods.
9. Final provisions
9.1 All contracts concluded through the webshop shall be subject to the sales law of the Federal Republic of Germany, with the exception of the UN Sales Convention.
9.2 If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction shall be Frankfurt am Main.
9.3 In the event of invalidity of a provision of this contract, the validity of the remaining contract shall remain unaffected. Ineffective clauses shall be replaced by the statutory provisions, insofar as they exist.
10. Information about the online resolution of disputes:
In the first quarter of 2016, the EU Commission rolled out an Internet platform for the online resolution of disputes (a so-called « ODR platform »). The ODR platform serves as a point of contact for the extra-judicial settlement of consumer disputes relating to contractual duties arising from online purchase agreements.
The ODR platform is accessible via the following link: http://ec.europa.eu/consumers/odr
Sample withdrawal form
(If you would like to withdraw from the contract, please complete this form and send it back to us.)
– to True Tape Sports GmbH, Fäustlestrasse 7, 80339 Munich, Tel.: +49 89 520 60683, email: firstname.lastname@example.org,
– I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract regarding the sale of the following goods (*)/provision of the following service (*):
– Ordered on (*)/received on (*)
– Name of consumer(s)
– Address of consumer(s)
– Signature of consumer(s) (only for written notification)
(*) Cross out as applicable.