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General Terms and Conditions

Sport-Thieme GmbH, represented by the Managing Director Maximilian Hohe, processes your order(s) on the basis of the following general terms and conditions (T&Cs).

  1. Conclusion of contract
  2. Delivery date and delivery
  3. Prices
  4. Delivery charge
  5. Payment
  6. Statutory right of cancellation and voluntary right of return
  7. Defects
  8. Liability
  9. Guarantee conditions
  10. Retention of title
  11. Protective rights
  12. Other terms and conditions

 

1. Conclusion of contract.

Assuming no contract has been concluded between you and us, the prices stated are subject to change and are subject to prior sale.

The sales contract for the product(s) that you have selected shall be concluded when we confirm your order. This happens no later than five days from receipt of the order either through the sending of an ‘order confirmation’ in writing, notification of delivery or through the delivery of the goods; during this time, you are bound to your order.

2. Delivery date and delivery.

Unless otherwise stated in the particular product description, we will deliver within three weeks. Where delivery is to a foreign address, the delivery time is extended by one week. The delivery date is calculated from the date on which you receive our order confirmation. If you are paying in advance, the delivery time begins three days after your payment order to your bank.

For freight shipments, you are required to inform us prior to dispatch of any known restrictions that might affect the delivery vehicle.

If assembly has been agreed, the customer must ensure that the assembly area is prepared by the agreed date. We are entitled to engage subcontractors.

In case of any damage during transit, please inform us within 24 hours of the receipt of goods. Sport-Thieme insures all deliveries. Our customer service will be happy to help, telephone: +49 5357 181 305 or send an email to: aftersales@sport-thieme.de

3. Prices.

All prices stated are in euros. All prices for customers include statutory VAT.

a) VAT on orders from abroad:
For deliveries to end users in Belgium and the United Kingdom, the current VAT rate within these countries applies. For deliveries to end users in other European Union (EU) countries, the current German VAT rate applies, unless the item is exempt under Section 4, Clause 1b) in conjunction with Section 6a of the UStG (German VAT Act). For deliveries outside the EU, prices will be reduced by the amount of German VAT included. Payment of any country-specific import sales tax, as well as possible customs duties and fees, is the customer’s responsibility.

b) Minimum order surcharge, minimum order value:
For order values of less than 39 euros, we apply a minimum order surcharge of 5 euros for all orders from Germany. The minimum order surcharge is shown on our order forms and is automatically displayed for online orders.

For deliveries to other EU countries, there is a minimum order value of 50 euros and for deliveries outside the EU, there is a minimum order value of 80 euros. For orders with a value of less than 750 euros, we apply a surcharge of 20 euros.

The ‘order value’ is the value of the actual order and does not include any service charges and delivery costs.

4. Delivery charges.

a) General:
The delivery charge for all orders within Germany is 6.90 euros per order. If the order includes heavy or bulky products marked ‘heavy/bulky’, a surcharge of 10 euros applies. Delivery charges and surcharges are only applied once per order, even where the order is split into multiple consignments. If an order is to be delivered to multiple delivery addresses, the delivery charges apply per address.

b) Costs for freight shipments:
Items that are dispatched by freight are marked ‘freight dispatch’ in the product description and the shipping weight is provided. A delivery charge of 31 euros applies for all freight shipments up to 39 kg within Germany. For freight shipments over 39 kg within Germany, a charge of 0.85 euros applies per kilogram of shipping weight.

c) Flat shipping rates:
Specific flat shipping rates apply to certain products. Information concerning these costs is included within the product description (see table tennis tables or soft flooring, for example).

d) Free delivery:
No delivery charge applies to products marked as ‘free delivery’. If you include other products in your order, only these will be liable for standard delivery charges.

e) Deliveries outside Germany:
For postal deliveries to Belgium, Denmark, Luxembourg and the Netherlands, we apply a charge of 20 euros per consignment; for freight shipments, the costs are 2.50 euros per kilogram, with a minimum charge of 79 euros per consignment. For postal deliveries to the Czech Republic, France and Poland, we apply a charge of 30 euros per consignment; for freight shipments, the costs are 3.50 euros per kilogram, with a minimum charge of 99 euros per consignment. For postal deliveries to Bulgaria, Croatia, Cyprus, Estonia, Finland, Greece, Hungary, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Malta, Portugal, Romania, Sweden, Switzerland, Slovakia, Slovenia, Spain, and the United Kingdom, we apply a charge of 40 euros per consignment; for freight shipments, the costs are 4 euros per kilogram, with a minimum charge of 109 euros per consignment. Delivery charges for deliveries to countries outside the EU are available on request.

Shipping outside of Germany is normally FCA Grasleben / Free Carrier Grasleben (acc. to INCOTERMS 2010); this does not include the cost of any additional export packaging that may be needed. Contact us for more information at: info@sport-thieme.com or telephone: +49 5357 181 517.

5. Payment.

Paying for goods ordered is convenient and easy. Payment can either be made by:

a) Bank transfer:
Only existing customers may pay for their goods on account. A transfer form will be included with the delivery. The payment terms are 21 days from delivery.

b) Credit card:
Your credit card will be debited with the amount of the invoice when the goods are sent.

d) Payment in advance / prepayment:
You can transfer the amount stated on the order confirmation in advance to the following account. Once we receive payment, goods will be dispatched immediately. The bank details are as follows:

Sport-Thieme GmbH
Commerzbank, Wolfsburg

IBAN: DE59 2698 1062 0300 3802 00
BIC: DRESDEFF269

e) PayPal

6. Statutory right of cancellation and voluntary right of return

If you are neither purchasing the goods for commercial use nor for your own business purposes and you are resident within the European Union, you have the statutory right to cancel your order, in accordance with Sections 312g and 355 of the BGB (German Civil Code). Details of how to do so follow at the end of these T&Cs.

Irrespective of all statutory return and cancellation rights, we also offer all customers a 100-day returns guarantee, without them having to provide a reason, in accordance with the following terms and conditions.

The returns period begins following complete delivery of the goods. In order to qualify for this guarantee, it is sufficient to send the items on time. For those items that cannot be sent by post (e.g. bulky items), a written return request will suffice. The return or the return request must be sent to: Sport-Thieme GmbH, Helmstedter Strasse 40, D-38368 Grasleben, Germany, fax: +49 5357 970 305, email: aftersales@sport-thieme.de.

You are liable for the cost of returns or return postage. We can refuse to refund the purchase price until we have received the returned goods. We can demand advance payment of the transport costs before we take back items that cannot be sent by post.

Excluded from this returns guarantee are items that are damaged or items that show signs of use beyond what would be expected when ascertaining the quality, features and functionality of the item. The returns guarantee also excludes items that have been specially made (bespoke) or items where the seal has been broken.

7. Defects.

If the goods are defective, then your statutory rights will apply subject to clause 8. If you do receive a defective item despite our comprehensive quality controls, our customer care team will be happy to help you.

8. Liability.

Customer claims for compensation are not accepted. Exceptions to this are where loss of life, injury to body or health or a breach of contractual obligations have occurred as well as liabilities for other damages, due to wilful or grossly negligent acts by us, our legal representatives or vicarious agents. Essential contractual commitments are those necessary to ensure the fulfilment of the contract aims. In the case of a negligent breach of contractual duties, our liability is limited to foreseeable damages typical of the contract concerned.

The restrictions mentioned in paragraphs 1 and 2 also apply in favour of our legal representatives and agents should claims be brought directly against them. The provision of the product liability law remains unaffected.

9. Retention of title.

The goods remain our property until full payment has been received (including VAT and delivery charges). Customers are not permitted to sell on the items until full payment has been made.

If the customer has purchased the items acting in a commercial or independent professional capacity, then the resale of goods is permitted within the normal course of business. However, all receivables from this resale shall be assigned to us now up to the amount of the invoice value of our claim. We hereby accept this assignment. The purchaser shall remain entitled to collect these amounts even after the assignment has been made. Our entitlement to collect these claims ourselves remains unaffected. However, we will not enforce these rights if the purchaser is not in payment arrears.

10. Protective rights.

We retain the intellectual property rights and copyrights on all products, images and other documents that we deliver. Their use by a third party is subject to our approval.

11. Other terms and conditions.

In certain countries we will forward your order to our trading partners, who will immediately send you a quotation with prices and conditions.

Should any of our terms and conditions be rendered invalid, all other terms and conditions remain valid. We hereby reject the customer’s terms and conditions.

The place of jurisdiction is our company business address if the customer is a merchant, a legal entity under public law, a special fund under public law or if the customer is not resident within the European Union. We have the right to bring a claim at the customer’s place of general jurisdiction.

The place of jurisdiction is our company business address if the customer is a merchant, a legal entity under public law, a special fund under public law or if the customer is not resident within the European Union. We have the right to bring a claim at the customer’s place of general jurisdiction.

This agreement is governed by German law with the exclusion of the UN Convention on Contracts for the International Sale of Goods. In dealings with end users within the European Union, the laws at the end user’s place of residence may also apply, providing that they are compulsory consumer rights provisions.

- Sport-Thieme GmbH -

Cancellation instructions

Cancellation rights

You have the right to cancel this contract within 14 days, without providing any reasons. The cancellation period is 14 days from the day on which you, or a third party nominated by you other than the carrier, take possession of the goods (or for an order containing several items or a delivery in several consignments or parts, the day on which the last consignment or the last item is taken possession of).

To exercise your cancellation rights, you must clearly inform us in writing (e.g. either by post, fax or email), that you wish to cancel your contract (Sport-Thieme GmbH, Helmstedter Str. 40, D-38368 Grasleben, Germany, telephone: +49 5357 181 305; fax: +49 5357 970 305, email: aftersales@sport-thieme.de). You may use the attached cancellation form template to do this, although this is not obligatory. The time limit is deemed adhered to when you send the notification before the end of the cancellation period.

Consequences of cancellation

If you cancel this contract, any payment that we have received from you, including delivery costs (but with the exception of any additional costs incurred that arise by using another form of delivery other than the standard, lowest cost delivery that we offer) must be refunded without delay and not later than 14 days from the day on which we were notified of the cancellation of the contract. Unless otherwise agreed, we will issue the refund using the same method of payment through which the original payment was made to us. Under no circumstances shall there be any charge for this. We reserve the right to refuse a refund up until the time that we receive the returned goods or receive proof that the goods have been shipped back to us, whichever is sooner.

You must return or hand over the goods to us without delay and in any event, not later than 14 days from the day on which you informed us of the cancellation. The time limit is deemed adhered to, when the items are sent before the end of the 14-day period.

We will bear the costs of returning items that can be sent by post. You will be responsible for the direct return costs for items that cannot be sent by post. The costs of returning items that cannot be sent by post are estimated to be a maximum of around 31 euros for a shipping weight of up to 39 kg and for higher weights, up to a maximum of around 0.80 euros per kg; items returned from outside Germany up to a maximum of around 98 euros. The shipping weight is included in the product description..

You will only be liable for any diminished value of the goods resulting from handling other than what is necessary to ascertain the nature, characteristics and functioning of the goods.

 

You may opt to use a cancellation form template which is available on our homepage at www.sport-thieme.com/CancellationForm , or below.

Please note that you do not have the right to cancel if the goods:

  • are not ready-made and if they have been made to measure or clearly to your specific requirements.
  • have had their seal broken after delivery and they cannot be returned for hygiene reasons or for the protection of health.
  • consist of sound or video recordings or computer software where the seal has been broken after delivery.

To Sport-Thieme GmbH, 

Helmstedter Str. 40,

38368 Grasleben, Germany

Fax: +49 5357 970 305,

aftersales@sport-thieme.de

I/We* hereby give notice that I/we* withdraw from my/our* contract of sale of the following goods* / provision of the following service

………………………………………………….

Ordered on: (*): ……………. Received on: (*):  …………..

Customer(s) name:

Customer(s) address:

……………………………………

Customer(s) signature

(only required when sending via post/fax)

Date:

(*) Delete where applicable