Terms of service

Table of Contents

1. Scope of Application
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Conditions
5. Delivery and Shipping Conditions
6. Retention of Title
7. Defect Liability (Warranty)
8. Applicable Law
9. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of  Deenathletic GbR (hereinafter referred to as the "Seller") apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter referred to as the "Customer") and the Seller regarding the goods presented by the Seller in their online shop. The inclusion of the Customer's own terms is hereby rejected, unless otherwise agreed.

1.2 Consumer in the context of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly not be attributed to their commercial or self-employed professional activity.

1.3 Entrepreneur in the context of these GTC is a natural or legal person or a legal partnership with legal capacity who acts in the performance of their commercial or self-employed professional activity when concluding a legal transaction.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers by the Seller, but rather serve to submit a binding offer by the Customer.

2.2 The Customer can submit the offer using the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contract offer by clicking the button that completes the ordering process with respect to the goods contained in the shopping cart.

2.3 The Seller can 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, or
• by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
• by requesting payment from the Customer after the Customer has placed their order.

If several of the aforementioned alternatives are available, the contract is concluded when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the offer is sent by the Customer and ends with the expiration 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 is deemed a rejection of the offer, with the result that the Customer is no longer bound by their declaration of intent.

2.4 When selecting a payment method offered by PayPal, the payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal terms of use, accessible at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the Customer does not have a PayPal account - subject to the conditions for payments without a PayPal account, accessible at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a PayPal payment method selectable in the online order process, the Seller hereby declares acceptance of the Customer's offer at the point in time when the Customer clicks the button that completes the ordering process.

2.5 When selecting the payment method "Amazon Payments," the payment processing is carried out by the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), subject to the Amazon Payments Europe User Agreement, accessible at https://payments.amazon.de/help/201751590. If the Customer chooses "Amazon Payments" as the payment method during the online ordering process, by clicking the button that completes the ordering process, the Customer simultaneously issues a payment order to Amazon. In this case, the Seller hereby declares acceptance of the Customer's offer at the point in time when the Customer triggers the payment process by clicking the button that completes the ordering process.

2.6 When submitting an offer through the Seller's online order form, the contract text is stored by the Seller after the contract is concluded and is transmitted to the Customer in text form (e.g., email, fax, or letter) after the Customer's order has been sent. The Seller does not provide the contract text beyond that.

2.7 Before bindingly submitting the order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the browser's zoom function, which allows enlarging the display on the screen. The Customer can correct their entries using the usual keyboard and mouse functions during the electronic ordering process until they click the button that completes the ordering process.

2.8 The contract can be concluded in both German and English languages.

2.9 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 that address. In particular, when using SPAM filters, the Customer must ensure that all emails sent by the Seller or 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 withdrawal policy.

4) Prices and Payment Conditions

4.1 Unless stated otherwise in the Seller's product description, the prices indicated are total prices that include the statutory value-added tax. Any additional delivery and shipping costs that may apply are indicated separately in the respective product description.

4.2 The available payment method(s) will be communicated to the Customer in the Seller's online shop.

4.3 When selecting a payment method offered via "PayPal," the payment processing is carried out by PayPal, which may also involve the services of third-party payment service providers. If the Seller offers payment methods through PayPal that involve the Seller providing services to the Customer in advance (e.g., purchase on account or installment payments), the Seller hereby assigns their payment claim to PayPal or to the payment service provider named by PayPal and specified to the Customer. Prior to the Seller's assignment declaration being accepted, PayPal or the payment service provider commissioned by PayPal will conduct a credit assessment using the transmitted customer data. The Seller reserves the right to refuse the selected payment method to the Customer in the event of a negative credit assessment result. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment deadline or intervals. In this case, the Customer can only make a payment with discharging effect to PayPal or the payment service provider commissioned by PayPal. However, even in the event of a claim assignment, the Seller remains responsible for general customer inquiries, e.g., regarding the product, delivery time, dispatch, returns, complaints, withdrawal declarations and submissions, or credits.

4.4 When selecting a payment method offered via "Shopify Payments," the payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). The individual payment methods offered via Shopify Payments will be communicated to the Customer in the Seller's online shop. Stripe may use additional payment services for payment processing, for which special payment conditions may apply and which may be separately indicated to the Customer. Further information about "Shopify Payments" can be accessed on the internet at https://www.shopify.com/legal/terms-payments-de.

5) Delivery and Shipping Conditions

5.1 If the Seller offers delivery of the goods, the delivery is made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address provided in the Seller's order processing is authoritative for the transaction process.

5.2 If the 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 shall not apply with regard to the costs for initial delivery if the Customer effectively exercises their right of withdrawal. Regarding the return shipping costs, the regulation stipulated in the Seller's withdrawal policy shall apply when the Customer effectively exercises their right of withdrawal.

5.3 If the Customer is a business owner, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer once the Seller hands over the goods to the carrier, freight forwarder, or other designated person or institution responsible for shipping. If the Customer is a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes to the Customer upon handover of the goods to the Customer or a designated recipient. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer if the Customer instructs the carrier, freight forwarder, or other designated person or institution responsible for shipping to carry out the delivery 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 case of non-correct or improper self-supply. This applies only in the event that non-delivery is not the fault of the Seller and the Seller has concluded a concrete cover transaction with the supplier with due care. The Seller will make reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the Customer will be informed immediately and the consideration will be reimbursed without delay.

5.5 Self-pickup is not possible for logistical reasons.

6) Retention of Title

If the Seller makes advance payments, the Seller retains ownership of the delivered goods until the full purchase price owed has been paid.

7) Warranty (Guarantee)

7.1 Unless stated otherwise in the following regulations, the statutory warranty provisions apply. However, for contracts for the delivery of goods, the following deviations apply:

7.2 If the Customer is a business owner,

• the Seller has the choice of the type of subsequent performance;
• the statute of limitations for defects for new goods is one year from the delivery of the goods;
• rights and claims for defects in used goods are excluded;
• the statute of limitations does not start anew if a replacement delivery is made under warranty.

7.3 The above liability limitations and shortened limitation periods do not apply to

• claims for damages and reimbursement of expenses by the Customer,
• cases in which the Seller has fraudulently concealed the defect,
• goods that have been used for a building in accordance with their usual use and have caused its deficiency,
• any obligation of the Seller to provide updates for digital products in the case of contracts for the delivery of goods with digital elements.

7.4 Furthermore, for business owners, the statutory limitation periods for any existing statutory recourse claims shall remain unaffected.

7.5 If the Customer is a merchant as defined in Section 1 of the German Commercial Code (HGB), the Customer is subject to the commercial duty to inspect and give notice of defects in accordance with Section 377 of the HGB. If the Customer fails to comply with the notification obligations stipulated there, the goods shall be deemed approved.

7.6 If the Customer is a consumer, the Customer is requested to report goods with obvious transport damage to the carrier and to inform the Seller of this. If the Customer fails to do so, this has no effect on their statutory or contractual warranty claims.

8) Applicable Law

For all legal relationships between the parties, the law of the Federal Republic of Germany applies, excluding the laws on the international sale of goods. This choice of law applies only insofar as the protection granted by mandatory provisions of the law of the state in which the Consumer has their habitual residence is not withdrawn.

9) Alternative Dispute Resolution

9.1 The EU Commission provides a platform for online dispute resolution on the internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts in which a consumer is involved.

9.2 The Seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.