Terms and Conditions

GENERAL TERMS AND CONDITIONS WITH CUSTOMER INFORMATION

Table of Contents
Scope
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Terms
6. Retention of title
7. Liability for Defects (Warranty)
8. Applicable Law
9. Jurisdiction
10. Alternative Dispute Resolution

Scope of application
1.1 These General Terms and Conditions (hereinafter referred to as „GTC“) of GOAT Sports GmbH (hereinafter referred to as „Seller“) apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as „Customer“) concludes with the Seller with regard to the goods presented by the Seller in his online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 A consumer, for the purposes of these GTC, is any natural person who enters into a legal transaction for purposes that cannot be attributed predominantly to their commercial or self-employed professional activity.
1.3 A "business owner" within the meaning of these Terms and Conditions is a natural person or legal entity, or a partnership with legal capacity, who acts in the exercise of their commercial or independent professional activity when concluding a legal transaction.
2) Conclusion of Contract
2.1 The product descriptions in the seller's online shop do not constitute legally binding offers from the seller, but rather serve as a basis for the customer to submit a legally binding offer.
2.2 The customer can submit the offer via the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that concludes the ordering process.
2.3 The seller may accept the customer's offer within five days,
by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the customer is decisive in this respect, or
by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive in this regard, or
by asking the customer to pay after they have placed their order.
If several of the aforementioned alternatives exist, the contract shall be concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer shall commence on the day after the customer sends the offer and shall expire at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be considered a rejection of the offer, with the consequence that the customer is no longer bound by their declaration of intent.
2.4 If a payment method offered by PayPal is selected, the payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as „PayPal“), subject to PayPal's terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected during the online order process, the seller hereby accepts the customer's offer at the moment the customer clicks the button that completes the order process.
2.5 When submitting an offer via the seller's online order form, the contract text will be stored by the seller after the contract is concluded and sent to the customer in text form (e.g., email, fax, or letter) after the customer sends their order. The seller will not provide any further access to the contract text. If the customer has set up a user account in the seller's online shop before submitting their order, the order data will be archived on the seller's website and can be accessed free of charge by the customer via their password-protected user account by providing the corresponding login details.
2.6 Before placing a binding order via the seller's online order form, the customer can identify potential input errors by carefully reading the information displayed on the screen. An effective technical tool for better identification of input errors can be the browser's zoom function, with which the display on the screen is enlarged. The customer can correct his inputs within the electronic order process using the usual keyboard and mouse functions until he clicks the button that completes the order process.
2.7 For the conclusion of the contract, the German and English languages are available.
2.8 Order processing and contact are generally carried out via email and automated order processing. The customer must ensure that the email address provided for order processing is accurate, so that emails sent by the seller can be received at this address. In particular, if using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller for order processing can be delivered.
3) Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the seller's cancellation policy.
3.3 The right of withdrawal does not apply to consumers who are not members of an EU member state at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.
4) Prices and Payment Terms
4.1 Unless otherwise stated in the seller's product description, the prices indicated are total prices, including statutory value-added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the seller is not responsible and which the customer must bear. These include, for example, costs for money transfer by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs for money transfer may also be incurred if the delivery is not to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the customer in the seller's online shop.
4.4 When selecting a payment method offered through the payment service „mollie,“ payment processing will be carried out by the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, Netherlands (hereinafter referred to as „mollie“). The individual payment methods offered through mollie will be communicated to the customer in the seller's online shop. For the purpose of processing payments, mollie may use additional payment services, for which special terms and conditions may apply, and which may be communicated to the customer separately. Further information about „mollie“ can be found online at https://www.mollie.com/de/.
4.5 If you select the payment method "purchase on account," the purchase price becomes due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 14 (fourteen) days of receiving the invoice, without deduction, unless otherwise agreed. The seller reserves the right to offer the "purchase on account" payment method only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of a corresponding payment restriction in their payment information in the online shop.
5) Delivery and Shipping Terms
5.1 If the seller offers shipping of the goods, delivery will be made within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. The delivery address specified in the seller's order processing is decisive for the transaction.
5.2 If delivery of the goods fails for reasons attributable to the customer, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of sending the goods if the customer effectively exercises their right of withdrawal. For return shipping costs, the provisions made in the seller's cancellation policy shall apply in the event of the customer effectively exercising their right of withdrawal.
5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the seller has delivered the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall not pass until the goods are handed over to the customer or a person authorized to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer, even in the case of consumers, as soon as the seller has delivered the goods to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, if the customer has commissioned the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment and the seller has not previously named this person or institution to the customer.
5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This applies only if the non-delivery is not the responsibility of the seller and the seller has concluded a specific hedging transaction with the supplier with due diligence. The seller will make all reasonable efforts to procure the goods. In the event of unavailability or partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.
5.5 Self-pickup is not possible for logistical reasons.
Retention of title
If the seller provides services in advance, they reserve ownership of the delivered goods until the full purchase price is paid.
7) Liability for Defects (Warranty)
7.1 Unless otherwise specified in the following provisions, the statutory provisions on material defects shall apply. Notwithstanding the foregoing, the following shall apply to contracts for the supply of goods:
7.2 If the customer acts as a business person,
Does the seller have the choice of the type of supplementary performance?;
The statute of limitations for defects in new goods is one year from the delivery of the goods;
Are the rights and claims due to defects excluded for used goods?;
The statute of limitations does not recommence if a replacement delivery is made under the warranty for defects.
7.3 The liability limitations and statute of limitations reductions regulated above do not apply
for claims for damages and reimbursement of expenses by the customer,
in the event that the seller has fraudulently concealed the defect,
for goods which, in accordance with their normal use, have been incorporated into a building and have caused its defects,
for a possibly existing obligation of the seller to provide updates for digital products, in contracts for the supply of goods with digital elements.
7.4 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claim remain unaffected.
7.5 If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the statutory duty of inspection and notification of defects applicable to merchants under Section 377 of the HGB shall apply. If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed accepted.
7.6 If the customer acts as a consumer, they are asked to report any delivered goods with obvious transport damage to the delivery person and to inform the seller of this. If the customer does not comply with this, it will have no effect on their statutory or contractual warranty claims.
8) Applicable Law
8.1 For all legal relationships between the parties, the law of the Federal Republic of Germany shall apply, to the exclusion of the laws concerning the international sale of movable goods. For consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
8.2 Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who are not a member state of the European Union at the time of conclusion of the contract and whose sole domicile and delivery address are outside the European Union at the time of conclusion of the contract.
Jurisdiction
If the customer is a merchant, a legal entity under public law, or a special fund under public law with its registered office within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller's place of business. If the customer has its registered office outside the territory of the Federal Republic of Germany, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract, provided that the contract or claims arising from the contract can be attributed to the professional or commercial activity of the customer. In the aforementioned cases, however, the seller shall in any event be entitled to bring an action before the court at the customer's registered office.
10) Alternative Dispute Resolution
10.1 The EU Commission provides an online dispute resolution platform on the internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
10.2 The seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.