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.
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.
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, firstname.lastname@example.org, 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:
Sofortüberweisung (instant bank transfer): https://www.sofort.com/ger-DE/kaeufer/su/online-zahlen-mit-sofort-ueberweisung/
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.
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. Right of withdrawal of the customer
As far as corresponding operational disturbances lead to the fact that we cannot deliver the purchased goods within 14 days after receipt of payment, the customer is entitled to withdraw from the contract. Other, in particular legal rights of withdrawal, to which the customer is already entitled, remain unaffected by 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.
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. Revocation instruction
Right of withdrawal for consumers
Consumers are entitled to a right of revocation according to the following provisions, whereby a consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity:
Right of withdrawal
You have the right to revoke this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day,
- on which you or a third party named by you, who is not the carrier, have taken possession of the goods or have taken possession of the goods if you have ordered one or more goods as part of a uniform order and the goods or goods are delivered uniformly;
- on the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods, if you have ordered several goods as part of a single order and the goods are delivered separately;
- on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last partial consignment or the last piece, if you have ordered goods that are delivered in several partial consignments or pieces.
If there is more than one of the above alternatives, the withdrawal period shall not begin until you or a third party named by you, who is not the carrier, have taken possession of the last goods or the last partial shipment or the last piece.
To exercise your right of withdrawal, you must send us
BB Sport GmbH & Co KG
84513 Töging am Inn
Phone number: 0049 (0)8631 - 988200
Fax number: 0049 (0)8631 - 9882020
by means of a clear declaration (e.g. a letter sent by mail, fax or e-mail) about your decision to revoke this contract. You can use the attached model withdrawal form for this purpose, which is, however, not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. We shall bear the costs of returning the goods.
You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
End of the cancellation policy
Sample cancellation form:
If you want to cancel the contract, please fill out this form and send it back to:
BB Sport GmbH & Co KG
84513 Töging am Inn
Fax number: 0049 (0)8631 - 9882020
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
Ordered on (*) / received on (*): ________________________________________
Name of consumer(s): _________________________________________
Address of consumer(s): ________________________________________
Signature of the consumer(s) (only in case of paper communication)
(*) Delete as applicable
14. information according to § 36 VSBG
We are neither obliged nor willing to participate in dispute resolution proceedings before consumer arbitration boards.