Our general terms and conditions GTC
1. Conclusion of contract and subject matter of contract
1.1 These General Terms and Conditions apply to the ordering of goods from our range on www.montafox.de. You have the option of concluding the purchase contract in German or English. Regulations deviating from this, in particular terms and conditions of contractual partners, shall only apply if their validity is expressly confirmed in writing by BB Sport GmbH & Co. KG expressly and in writing before conclusion of the contract by signature on the same. The BB Sport GmbH & Co. KG is not obliged to contradict contract forms or terms and conditions of contractual partners, even if the validity of the same is mentioned in these terms and conditions as an express condition for the conclusion of the business. The BB Sport GmbH & Co. KG declares to contract exclusively on the basis of these terms and conditions.
1.2 The presentation of the products in the online store does not constitute a legally binding offer, but a non-binding online catalog. By clicking the button "Send order" you place a binding order for the goods contained in the shopping cart. The confirmation of receipt of your order together with the acceptance of the order immediately after sending by automated e-mail. With this e-mail confirmation, the purchase contract is concluded.
1.3 For the submission of an offer via our online store, the customer must go through the following technical steps:
- Insertion of the desired item into the virtual shopping cart;
- Registration in the online store by entering user ID and password or - if a customer account does not yet exist - new registration with or without opening a customer account
- Entering billing and delivery address;
- Selection of the desired payment method;
- Summary of the order data;
- Sending of the order.
Acceptance by us shall take place in accordance with section 1.2 (see above).
1.4 When an offer is made via our online shop, the text of the contract shall be stored by us and sent to the customer in text form (e.g. e-mail, fax or letter) after the customer has sent his order together with these GTC. In addition, the text of the contract is archived on our website and can be accessed free of charge by the customer via his password-protected customer account by providing the relevant login data, provided that the customer has created a customer account in our online store before submitting his order.
1.5 Before binding submission of the order via our online store, the customer can continuously correct his entries using the keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.
2. Prices
The price to be paid by the customer is determined according to the web shop prices on the homepage www.montafox.de. The indicated prices are total prices, which include the legal value added tax. Prices for furniture and furnishings that require assembly are unassembled. Assembly until ready for use is possible. However, a separate assembly agreement must be concluded for this purpose. The costs of an assembly are communicated on request. Shipping costs will be charged in addition to the purchase price. The amount of the shipping costs can be found on the shipping page on our homepage.
3. Payment method and shipping costs
The goods will be shipped after prepayment, unless a "purchase on account". We will inform the customer of our bank details by e-mail after conclusion of the contract. As soon as the invoice amount has been credited to the communicated account, we will arrange the shipment of the purchased goods. The customer will be notified of the receipt of payment and also the transfer to our shipping service by e-mail.
In the case of payment by direct debit, the invoice amount to be paid will be debited by us from the account specified by the customer.
In the case of payment "purchase on account" via PayPal, the purchase contract for the goods is between the customer and us. We are responsible for the processing of the purchase contract as well as general customer inquiries (e.g. about goods, delivery time, shipping, etc.), returns, complaints, warranty claims, etc..
In the context of payment processing / invoicing, the service provider "PayPal (Europe) S.à.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"). We therefore assign our purchase price claim against the customer to PayPal in the case of a "purchase on account". After the assignment of the purchase price, payments with debt-discharging effect can only be made to PayPal. The purchase price payment to be made to PayPal is due 14 (fourteen) days after receipt of the goods.
As soon as the customer has selected the payment option "purchase on account" via PayPal, PayPal carries out a risk check and decides whether a payment by means of the payment option "purchase on account" via PayPal selected by the buyer is possible. For more information on the risk check (identity and credit check), please refer to our privacy policy.
Further detailed information on the processing of the payment option "purchase on account" via PayPal can be found on the pages of PayPal under the point Terms of Use: https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
Also for other payment methods offered by PayPal, the payment is processed via the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or if you do 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.
For payment by credit card, we accept VISA and MasterCard credit cards. We use the payment provider Heidelberger Payment GmbH (hereinafter: Heidelpay) to process credit card payments. You can find more information about this service provider at: www.heidelpay.de. The debit of the credit card indicated by the customer takes place with conclusion of the sales contract. Payment processing is carried out via an SSL-secured connection. The SSL (Secure Socket Layer) is a standard protocol recognized on the Internet that ensures secure data exchange. Heidelpay receives the personal data and payment data entered by the customer for the purpose of processing the payment. For more details, please refer to our information on data protection. Billing via credit card is carried out by: Huellemann & Strauss Onlineservices S.à.r.l., 1, Place du Marché, L-6755 Grevenmacher, R.C.S. Luxembourg, B 144133, info@hso-services.com, Managing Directors: Dipl. Vw. Mirko Hüllemann, Heiko Strauß.
We further accept payment by the customer by means of the payment services PayPalExpress and "purchase on account" via PayPal, Sofortüberweisung, Klarna invoice, Klarna installment purchase, Amazon Payments and cash on collection. The processing of the payment is governed by the respective terms of the payment service. These can be viewed on the following websites of the respective payment services:
PayPal: https://www.paypal.com/de/webapps/mpp/ua/useragreement-full
Sofortüberweisung (instant bank transfer): https://www.sofort.com/ger-DE/kaeufer/su/online-zahlen-mit-sofort-ueberweisung/
Klarna: https://www.klarna.com/de
Amazon Payments: https://payments.amazon.de/home
The dispatch takes place in each case after credit note of the payment amount by the appropriate payment service with us and/or after their report of the money dispatch/the transfer execution to us.
When paying by Klarna invoice, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price is payable within 14 (fourteen) days from the invoice date without deduction to Klarna AB, Sveavägen 46, 11134 Stockholm, Sweden (www.klarna.de), unless otherwise agreed. Provided that the creditworthiness of the customer, after verification by Klarna, is guaranteed, the payment will be processed in cooperation with Klarna AB, to which we assign our payment request. After the assignment, the customer can only pay Klarna AB with debt-discharging effect. In all other respects, the general terms and conditions of Klarna AB apply. Further information on payment by Klarna invoice can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/invoice?fee=0.
When paying by Klarna installment purchase, you also first receive the goods. Your purchases are then collected on one invoice at the end of the next month. You can then pay this invoice in flexible installments, but also pay the total amount at any time. For more information on the Klarna Installment Purchase financing service, please visit https://cdn.klarna.com/1.0/shared/content/legal/terms/24406/de_de/account.
The complete terms and conditions for Klarna Installment Purchase can be found at https://cdn.klarna.com/1.0/shared/content/legal/de_de/account/terms.pdf.
Please note that with the payment methods Klarna Invoice and Klarna Installment Purchase a delivery to a delivery address different from the billing address is not possible.
When paying via Amazon Payments, you have the option to pay for your purchase in our online store via an existing Amazon customer account. You can complete the payment process entirely through Amazon and use your payment and shipping information stored there. You can find further information at: https://payments.amazon.de/home
If the buyer is an entrepreneur in the sense of § 14 BGB, we also deliver to him on account after separate agreement. The buyer has to pay the purchase price shown in the invoice within 14 days incl. the respectively valid value added tax after receipt of the invoice, provided that no other written agreements have been made. The receipt of the money on the specified seller's account is decisive for compliance with the deadline.
We reserve the right to accept other payment methods depending on the individual case, especially for customers from abroad or for deliveries abroad. In addition, we reserve the right, depending on the individual case, to accept only some of the above methods of payment and exclude the rest.
In the event that a down payment with final payment is agreed, the following shall apply: If the customer does not make the final payment in accordance with the agreed payment due dates, we shall be entitled to withdraw from the contract after issuing a reminder with a deadline and to charge the customer cancellation costs in the amount of the down payment (cancellation fee).
4. Purchase transaction
At the latest 1 hour after the purchase, the customer receives an e-mail with all the data necessary for the processing of the contract. If this e-mail is missing, he / she informs us, so that the delivery of the settlement-relevant e-mail can be ensured or made up for as soon as possible.
5. Cooperation of the customer
The customer shall ensure that his/her personal data for the fulfillment of the contract, in particular the reachable e-mail address and the delivery address, deposited with the order and communicated at the time of the conclusion of the contract, are correct. The customer shall also ensure that the receipt of e-mail under the e-mail address provided by him is technically possible and is not prevented by, for example, forwarding, shutdown or capacity overrun.
6. Claims for defects
Should the goods delivered by us be defective, the statutory warranty provisions shall apply. The customer may first demand subsequent performance. If the supplementary performance fails, the customer is entitled to further warranty rights at his discretion. The customer shall notify the defects of the goods in as much detail as possible. If the customer is an entrepreneur in the sense of § 14 BGB (German Civil Code), the following shall apply: We as the seller shall have the choice of the type of subsequent performance. Claims due to defects are subject to a limitation period of one year from handover / delivery of the purchased item to the customer.
7. Force majeure
We shall not be liable in cases of force majeure. This includes all unforeseeable events as well as events which - insofar as they could have been foreseen - lie outside our sphere of influence. These include in particular, but are not limited to, the following events
Natural disasters such as floods, storm surges, hurricanes and typhoons and other severe weather on the scale of a catastrophe, earthquakes, lightning, avalanches and landslides, fire, epidemics and infectious diseases, war or warlike conditions, riots, revolution, military or civilian coups, insurrection, blockades, official and government orders, strikes, lockouts and other labour unrest (including at suppliers).
If such an event of force majeure occurs, we shall inform the customer immediately, at the latest within 14 days of becoming aware of it, in text form of the occurrence of the event and the consequences of the impairment of performance.
In this case, we are entitled to extend our delivery dates and deadlines depending on the extent and duration of the force majeure event and its consequences, without granting the customer a right of cancellation of the contract or a claim for damages. We shall not be in default for the period of the justified extension of the delivery dates and deadlines.
If the interruption due to a force majeure event lasts longer than six months, we shall be entitled to terminate the contract in whole or in part without the customer being able to derive any claims for compensation from this.
8. Right of revocation of the customer
The customer shall have a right of revocation in accordance with clause 13. However, the right of revocation according to clause 13 does not apply to contracts for the delivery of goods that are manufactured according to customer specifications or are clearly tailored to the personal needs of the customer or are not suitable for return due to their nature (§ 312 g para. 2 No. 1 BGB). BB Sport GmbH & Co KG expressly identifies contracts for such individual or custom-made products as such in the order confirmation.
9. Liability
As far as in the following expressly differently does not regulate the following liability regulations apply also to the adhesion of BB Sport GmbH & Co KG for its legal representatives, coworkers and executing aides accordingly.
The following limitations of liability shall also apply accordingly to direct claims of the customer against legal representatives, employees and vicarious agents of BB Sport GmbH & Co KG.
BB Sport GmbH & Co KG is liable
- according to the legal regulations as far as mandatory legal regulations provide for it (e.g. product liability law), for culpable injuries of life, body and health, as well as for deliberate and roughly negligently caused damage.
- in the case of property damage and financial loss for slightly negligent breaches of a cardinal obligation or an essential contractual obligation for each damaging event to the contract-typical foreseeable damage. As a contract-typically foreseeable damage a damage of at most 500, - EUR per individual case is valid.
Otherwise, the liability of BB Sport GmbH & Co KG for property damage and financial loss is excluded.
A contributory negligence of the customer is to be credited to him.
10. Applicable law and place of jurisdiction
10.1 For all legal relations of the parties the law of the Federal Republic of Germany shall apply under exclusion of the UN Convention on Contracts for the International Sale of Goods. In the case of 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.
10.2 If the contractual partner is an entrepreneur in the sense of § 14 BGB (German Civil Code), the place of jurisdiction and performance for all legal disputes arising from the contract concluded between BB Sport GmbH & Co KG and the contractual partner is 84453 Mühldorf am Inn, Germany.
11. Final provisions
Changes or additions to the concluded purchase contract require the text form; this also applies to the waiver of the text form agreement itself. Subsidiary agreements do not exist.
12. Partial invalidity
In case of invalidity of individual provisions, the validity of the remaining provisions shall remain unaffected. In all other respects, the Distance Selling Act in its most recent version shall apply without restriction.
13. Instructions for cancellation & Cancellation form
A. Instructions for cancellation
Introduction
Consumers, i.e. any individual acting for purposes which are wholly or mainly outside those individual’s trade, business, craft or profession, are entitled to cancel any contract on the following conditions:
Right to cancel
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right to cancel, you must inform us (BB Sport GmbH & Co. KG, Söderbergstr. 14, 84513 Töging am Inn, Deutschland, Tel.: 08631 988200, Fax: 08631 3049991, E-Mail: service@montafox.de) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model cancellation form, but it is not obligatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you choose a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay and not later than fourteen days after the day on which we are informed about your decision to cancel this contract. We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than fourteen days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You bear the direct costs of returning the goods. The direct costs of returning goods which are unsuitable for a return shipment by post, due to their nature (goods delivered by transport agency), are estimated at around a maximum of 60 Euro.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods
Exclusion and/or premature expiration of the right to cancel
The right to cancel is excluded for contracts for the supply of goods that are made to the consumer’s specifications or are clearly personalized.
General information
1) Please prevent damage to and contamination of the goods. Please return the goods, if possible, in the original packaging with all accessories and all packaging components. If necessary, please use protective outer packaging. If you are no longer in possession of the original packaging, please use suitable packaging providing adequate protection against potential transport damage.
2) Please do not return the goods freight forward.
3) Please note that the above general information in section 1 and 2 is not a precondition for effectively exercising your right to cancel.
B. Cancellation form
If you wish to cancel this contract, please complete and submit this form.
BB Sport GmbH & Co. KG
Söderbergstr. 14
84513 Töging am Inn
Deutschland
Fax: 08631 3049991
E-Mail: service@montafox.de
I/We (*) hereby give notice that I/We (*) cancel my/our (*) contract of sale of the following goods (*) /for the supply of the following service (*),
_______________________________________________________
_______________________________________________________
Ordered on (*) ____________ / received on (*) __________________
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Name of consumer(s)
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Address of consumer(s)
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Signature of consumer(s) (only if this form is notified on paper)
_________________________
Date
(*) Delete as appropriate
14. information according to § 36 VSBG
We are neither obliged nor willing to participate in dispute resolution proceedings before consumer arbitration boards.