Terms and Conditions
General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Carlos Aspiazu Velez) via the website https://bballtopia.de/. Unless otherwise agreed, the inclusion of any terms and conditions of your own that you may use is objected to.
(2) A consumer, within the meaning of the following regulations, is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity that acts in the exercise of its independent professional or commercial activity when concluding a legal transaction.
§ 2 Conclusion of the Contract
(1) The subject of the contract is the sale of goods .
(2) By posting the respective product on our website, we are making you a binding offer to conclude a contract via the online shopping cart system under the conditions stated in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After clicking the "Checkout" or "Proceed to order" (or similar designation) button and entering your personal data as well as the payment and shipping conditions, your order data will finally be displayed as an order summary.
If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as the payment method, you will either be taken to the order summary page in our online shop or redirected to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, the order data will be displayed to you as an order summary on the website of the instant payment system provider or after you have been redirected back to our online shop.
Before submitting the order, you have the option to check the details in the order summary again, to change them (also via the "back" function of the internet browser) or to cancel the order.
(4) Your inquiries for the preparation of an offer are non-binding for you. We will provide you with a binding offer in text form (e.g. by e-mail), which you can accept within 5 days (unless another deadline is stated in the respective offer).
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract takes place via e-mail, in some cases automatically. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
§ 3 Contract Duration / Termination of Subscription Contracts
(2) The right to extraordinary termination for good cause remains unaffected by this.
(3) Every termination must be declared and transmitted either in text form (e.g. e-mail) or via the termination button integrated on our website ("Terminate contracts here" or similar designation).
§ 4 Special Agreements on Offered Payment Methods
(1) Payment via "PayPal" / "PayPal Checkout"
If you select a payment method offered via "PayPal" / "PayPal Checkout", payment processing takes place via the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" are displayed to you under a correspondingly designated button on our website and in the online ordering process. "PayPal" may use other payment services for payment processing; if special payment conditions apply to this, you will be informed of them separately. Further information on "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
(2) Payment via "Stripe"
If you select a payment method offered via "Stripe", payment processing takes place via the payment service provider Stripe Payments Europe Limited (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland; "Stripe"). The individual payment methods via "Stripe" are displayed to you under a correspondingly designated button on our website and in the online ordering process. "Stripe" may use other payment services for payment processing; if special payment conditions apply to this, you will be informed of them separately. Further information on "Stripe" can be found at https://stripe.com/de.
§ 5 Right of Retention, Reservation of Title
(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 6 Warranty
(1) The statutory liability for defects shall apply.
(2) As a consumer, you are asked to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to inform us and the carrier of any complaints as soon as possible. If you do not comply with this, this has no effect on your statutory warranty claims.
(3) Insofar as a feature of the goods deviates from the objective requirements, the deviation is only deemed to have been agreed if you were informed of it by us before the contractual declaration was submitted and the deviation was expressly and separately agreed between the contracting parties.
§ 7 Choice of Law
(1) German law applies. In the case of consumers, this choice of law only applies to the extent that the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (favorability principle).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
II. Customer Information
1. Identity of the Seller
Carlos Aspiazu Velez
Friedrich-List-Straße 69
60386 Frankfurt am Main
Germany
Phone: +4917630690935
E-Mail: basketballhub.info@gmail.com
We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
2. Information on the Conclusion of the Contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the regulations "Conclusion of the Contract" of our General Terms and Conditions (Part I.).
3. Contract Language, Contract Text Storage
3.1. The contract language is German .
3.2. We do not store the complete contract text. Before submitting the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser's print function. After we have received the order, the order data, the information required by law for distance selling contracts, and the General Terms and Conditions will be sent to you again by e-mail.
3.3. In the case of requests for offers outside the online shopping cart system, you will receive all contract data sent in a binding offer in text form, e.g. by e-mail, which you can print out or save electronically.
4. Codes of Conduct
4.1. We have submitted to the Käufersiegel quality criteria of Händlerbund Management AG, which can be viewed at: https://www.haendlerbund.de/
5. Essential Characteristics of the Goods or Service
The essential characteristics of the goods and/or services can be found in the respective offer.
6. Prices and Payment Methods
6.1. The prices quoted in the respective offers as well as the shipping costs represent total prices. They include all price components, including all applicable taxes.
6.2. The shipping costs incurred are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective offer, are shown separately during the ordering process, and are to be borne by you in addition, unless free delivery has been promised.
6.3. If delivery is made to countries outside the European Union, further costs may arise for which we are not responsible, such as customs duties, taxes, or money transfer fees (bank transfer or exchange rate fees of credit institutions), which are to be borne by you.
6.4. Costs incurred for money transfer (bank transfer or exchange rate fees of credit institutions) are to be borne by you in cases where the delivery is made to an EU Member State, but the payment was initiated outside the European Union.
6.5. The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.
6.6. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
7. Delivery Conditions
7.1. The delivery conditions, the delivery date as well as any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
7.2. Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the goods sold during shipment only passes to you upon handover of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person appointed to carry out the shipment.
8. Statutory Liability for Defects
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
9. Contract Duration / Termination
Information on the duration of the contract as well as the termination conditions can be found in the provision "Contract Duration / Termination of Subscription Contracts" in our General Terms and Conditions (Part I) as well as in the respective offer.
These GTC and customer information were created by the lawyers of the Händlerbund who specialize in IT law and are permanently checked for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. Further information on this can be found at: https://www.haendlerbund.de/
last update: 22.10.2024