General terms and condi­tions with customer infor­ma­tion

1. Scope of appli­ca­tion
2. Offers and descrip­tions of services
3. Order process and conclu­sion of contract
4. Prices and ship­ping costs
5. Delivery, avail­ability of goods
6. Payment modal­i­ties
7. Reten­tion of title
8. Warranty for mate­rial defects and guar­antee
9. Liability
10. Storage of the contract text
11. Final provi­sions

1. Scope of appli­ca­tion
1.1 The busi­ness rela­tion­ship between Blau­mann & Meyer – Sports Tech­nology UG, Roseg­gerstr. 14, 39108 Magde­burg, Germany (here­inafter “Seller”) and the customer (here­inafter “Customer”) shall be governed exclu­sively by the following General Terms and Condi­tions in the version valid at the time of the order.

1.2 You can reach our customer service for ques­tions, complaints and objec­tions on week­days from 9:00 a.m. to 6:00 p.m. by calling +4939124308267 as well as by e-mail at support@vmaxpro.de

1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal trans­ac­tion for a purpose which can predom­i­nantly neither be attrib­uted to his commer­cial nor his self-employed profes­sional activity (§ 13 BGB).

1.4 Diver­gent condi­tions of the customer are not recog­nized, unless, the salesman agrees their validity expressly.

2. Offers and descrip­tions of services
The presen­ta­tion of the prod­ucts in the online shop is not a legally binding offer, but an invi­ta­tion to place an order. Perfor­mance descrip­tions in cata­logues as well as on the websites of the seller do not have the char­acter of an assur­ance or guar­antee.
All offers are valid “while stocks last”, unless other­wise noted in the prod­ucts. Errors excepted for the rest.

3. Order process and conclu­sion of contract
3.1 The Customer may select prod­ucts from the Seller’s range without oblig­a­tion and collect them in a so-called shop­ping basket via the button in the shop­ping basket. Within the shop­ping basket, the product selec­tion can be changed, e.g. deleted. The customer can then proceed to checkout to complete the order process within the shop­ping basket using the Continue to checkout button.

3.2 The customer submits a binding request to purchase the goods in the shop­ping basket by clicking on the button Order with payment oblig­a­tion. Before submit­ting the order, the customer can change and view the data at any time and return to the shop­ping basket using the “back” browser func­tion or cancel the order process alto­gether. Required infor­ma­tion is marked with an asterisk (*).

3.3 The Seller shall then send the Customer an auto­matic confir­ma­tion of receipt by e-mail in which the Customer’s order is listed again and which the Customer can print out using the “Print” func­tion (order confir­ma­tion). The auto­matic acknowl­edge­ment of receipt only docu­ments that the customer’s order has been received by the seller and does not consti­tute accep­tance of the appli­ca­tion. The sales contract is only concluded when the seller has dispatched or handed over the ordered product to the customer within 3 days or has confirmed the dispatch to the customer within 3 days with a second e-mail, express order confir­ma­tion or sending of the invoice.

3.4 If the seller allows prepay­ment, the contract is concluded with the provi­sion of bank details and payment request. If the payment has not been received by the seller within 10 calendar days after the order confir­ma­tion has been sent despite the due date, even after renewed request, the seller with­draws from the contract with the conse­quence that the order is void and the seller has no oblig­a­tion to deliver. The order is then settled for the buyer and seller without further conse­quences. A reser­va­tion of the article with prepay­ment takes place there­fore at the latest for 10 calendar days.

4. Prices and forwarding expenses
4.1 All prices quoted on the Seller’s website are inclu­sive of the applic­able statu­tory value added tax.

4.2 In addi­tion to the prices quoted, the Seller shall charge ship­ping costs for the delivery. The ship­ping costs shall be clearly commu­ni­cated to the Buyer on a sepa­rate infor­ma­tion page and as part of the ordering process.

5. delivery, avail­ability of goods
5.1 If advance payment has been agreed, delivery shall take place after receipt of the invoice amount.

5.2 Should the delivery of the goods fail through the fault of the buyer despite up to two delivery attempts, the seller may with­draw from the contract. Any payments made will be refunded to the customer without delay.

5.3 If the ordered product is not avail­able because the seller is not supplied with this product by his supplier through no fault of his own, the seller can with­draw from the contract. In this case, the seller will inform the customer imme­di­ately and, if neces­sary, propose the delivery of a compa­rable product. If no compa­rable product is avail­able or if the Customer does not wish to receive a compa­rable product, the Seller shall imme­di­ately reim­burse the Customer for any consid­er­a­tion already paid.

5.4 Customers shall be informed about delivery times and delivery restric­tions (e.g. restric­tion of deliv­eries to certain coun­tries) on a sepa­rate infor­ma­tion page or within the respec­tive product descrip­tion.

6. payment modal­i­ties
6.1 The customer may choose from the avail­able payment methods within the frame­work of and before comple­tion of the order process. Customers shall be informed of the means of payment avail­able on a sepa­rate infor­ma­tion page.

6.2 If payment by invoice is possible, payment must be made within 30 days of receipt of the goods and invoice. For all other payment methods, payment must be made in advance without deduc­tion.

6.3 If third party providers are commis­sioned with the payment processing, e.g. Paypal. their general terms and condi­tions apply.

6.4 If the due date of the payment is deter­mined according to the calendar, the customer is already in default by missing the date. In this case the customer has to pay the legal default interest.

6.5 The Customer’s oblig­a­tion to pay default interest does not exclude the asser­tion of further default damages by the Seller.

6.6 The customer shall only be enti­tled to offset if his coun­ter­claims have been legally estab­lished or acknowl­edged by the seller. The customer can only exer­cise a right of reten­tion if the claims result from the same contrac­tual rela­tion­ship.

7. reten­tion of title
The deliv­ered goods remain the prop­erty of the seller until full payment has been made.

8. Warranty for mate­rial defects and warranty
8.1 The warranty shall be governed by statu­tory provi­sions.

8.2 A guar­antee exists for the goods deliv­ered by the seller only if this has been expressly given. Customers will be informed about the warranty condi­tions before the ordering process is initi­ated.

9. liability
9.1 The following exclu­sions and limi­ta­tions of liability shall apply to the Seller’s liability for damages, notwith­standing the other statu­tory condi­tions for claims.

9.2 The Seller shall have unlim­ited liability insofar as the cause of the damage is based on intent or gross negli­gence.

9.3 Further­more, the Seller shall be liable for the slightly negli­gent breach of essen­tial duties, the breach of which endan­gers the achieve­ment of the purpose of the contract, or for the breach of duties, the fulfil­ment of which is essen­tial for the proper perfor­mance of the contract and on the obser­vance of which the Customer regu­larly relies. In this case, however, the Seller shall only be liable for the fore­see­able damage typical of the contract. The Seller shall not be liable for the slightly negli­gent breach of oblig­a­tions other than those spec­i­fied in the preceding sentences.

9.4 The fore­going limi­ta­tions of liability shall not apply in the event of death, personal injury or damage to health, in the event of a defect after accep­tance of a guar­antee for the quality of the product and in the event of fraud­u­lently concealed defects. Liability under the Product Liability Act remains unaf­fected.

9.5 Insofar as the Seller’s liability is excluded or limited, this shall also apply to the personal liability of employees, repre­sen­ta­tives and vicar­ious agents.

10. Storage of the contract text
10.1 The customer can print out the contract text before submit­ting the order to the seller by using the print func­tion of his browser in the last step of the order.

10.2 The seller shall also send the customer an order confir­ma­tion with all order data to the e-mail address provided by him. With the order confir­ma­tion, but at the latest upon delivery of the goods, the customer also receives a copy of the General Terms and Condi­tions together with instruc­tions on revo­ca­tion and infor­ma­tion on ship­ping costs as well as delivery and payment condi­tions. If you have regis­tered in our shop, you can view your orders in your profile area. In addi­tion, we save the contract text, but do not make it acces­sible on the Internet.

11. Final provi­sions
11.1 The place of juris­dic­tion and perfor­mance shall be the Seller’s regis­tered office if the Customer is a merchant, a legal entity under public law or a special fund under public law.

11.2 The contract language is English.

11.3 Plat­form of the Euro­pean Commis­sion for Online Dispute Reso­lu­tion (OS) for Consumers: http://ec.europa.eu/consumers/odr/. We are not prepared and not obliged to partic­i­pate in a dispute reso­lu­tion proce­dure before a consumer arbi­tra­tion board.