General terms and conditions of business
1. Scope
Our online shop is aimed at entrepreneurs and private customers.
The following regulations apply to entrepreneurs:
In addition to verifying your entrepreneurial status as part of the ordering process, we are entitled to
request proof of your entrepreneurial status by presenting suitable and current documents, e.g.
commercial register extract or business registration.
These General Terms and Conditions also apply to future business relationships, without us having to refer to them again.
If the entrepreneur uses conflicting or supplementary General Terms and Conditions,
their validity is hereby rejected; they only become part of the contract if we have expressly agreed to them.
2. Contracting parties, conclusion of contract
The purchase contract is concluded with GTSports GmbH.
By placing products in the online shop, we make a binding offer to conclude a contract
for these items. You can initially place our products in the shopping cart without obligation and correct your
entries at any time before submitting your binding order by using the correction aids provided and explained in the ordering process.
The contract is concluded by you accepting the offer for the goods contained in the shopping cart by clicking the order button.
Immediately after submitting the order, you will receive another confirmation by e-mail.
3. Contract language, storage of contract text
The languages available for the conclusion of the contract are German and English.
We store the contract text and send you the order data and our General Terms and Conditions by e-mail.
For security reasons, the contract text is no longer accessible via the Internet.
4. Delivery conditions
For deliveries within Germany, we charge a flat rate of EUR 4.90 per order. For orders over EUR 100,
we deliver free of charge within Germany.
We only deliver by shipping. Collection of the goods is unfortunately not possible.
If the product you ordered is not available from us because we were not supplied by our reliable supplier
without our fault despite placing an identical order, we will inform you immediately in the order confirmation.
We are thereby released from our obligation to perform and can withdraw from the contract. If you have already made payments,
we will refund them to you immediately.
Subject to self-delivery, we will ensure quick delivery. If part of the order is not immediately deliverable because we are not supplied on time by our reliable supplier without our fault despite placing an identical order,
we will deliver the remaining goods later without renewed calculation of shipping costs, provided this is reasonable for you.
5. Payment
You agree to the transmission of all invoices by e-mail. This consent can be revoked at any time.
In the event of default in payment, we reserve the right to charge you the statutory default interest of nine percentage points above the base rate and a flat rate of 40 euros.
Further claims remain unaffected by this. In our shop, you generally have the following payment methods available:
PayPal Plus (with PayPal, credit card, direct debit), invoice, advance payment
You are only entitled to a right of set-off if your counterclaim is in a reciprocal relationship with our main claim,
is not disputed by us, or has been legally established.
You are only entitled to a right of retention if your counterclaim is based on the same contractual relationship.
6. Retention of title
We reserve ownership of the goods until full payment of all claims arising from an ongoing business relationship.
You may resell the reserved goods in the ordinary course of business; you hereby assign to us in advance
all claims arising from this resale – regardless of any connection or mixing of the reserved goods with a new item –
up to the invoice amount, and we accept this assignment. You remain authorized to collect the claims,
but we may also collect claims ourselves if you do not meet your payment obligations.
If you combine, mix or process the reserved goods with other items, we acquire co-ownership of the new item in proportion to the value of the reserved goods to the other processed items at the time of combination or mixing or processing.
If your item is to be regarded as the main item, you must transfer co-ownership to us proportionally. We will release the securities due to us at your request to the extent that the value of the securities exceeds the claims to be secured by more than 10%.
7. Transport damage
Among merchants, the duty of inspection and complaint regulated in § 377 HGB applies. If you fail to give the notice regulated therein,
the goods shall be deemed approved, unless it is a defect that was not recognizable during the inspection.
This does not apply if we fraudulently concealed a defect.
8. Warranty and guarantees
The statutory liability for defects applies.
9. Liability
For claims due to damages caused by us, our legal representatives or vicarious agents,
we are always liable without limitation
• for injury to life, body or health,
• for intentional or grossly negligent breach of duty,
• for guarantee promises, if agreed, or
• if the scope of the Product Liability Act is opened.
In the event of a breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the contractual partner may regularly rely (cardinal obligations), due to slight negligence on our part, our legal representatives or vicarious agents, liability is limited in amount to the foreseeable damage at the time of conclusion of the contract, which must typically be expected to occur. Otherwise, claims for damages are excluded.
10. Final provisions
German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If you are a merchant within the meaning of the Commercial Code, a legal entity under public law or a special fund under public law,
the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our registered office.
The European Commission provides a platform for online dispute resolution (OS), which you can find here: https://ec.europa.eu/consumers/odr/.
We are prepared to participate in an out-of-court conciliation procedure before a consumer arbitration board.
The competent body is the Universalschlichtungsstelle des Bundes at Zentrum Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.universalschlichtungsstelle.de.