A. General Terms and Conditions

Table of contents

1. scope of application

2. conclusion of contract

3. right of cancellation

4 Prices and terms of payment

5 Delivery and shipping conditions

6. reservation of title

7. liability for defects (warranty)

8. liability

9. special conditions for the processing of goods according to specific customer specifications

10 Applicable law

11. place of jurisdiction

12. alternative dispute resolution

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of WM-Sport (hereinafter referred to as "Seller") shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "Client") and the Seller relating to all goods and/or services presented in the Seller's online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 These GTC apply accordingly to contracts for the delivery of digital content, unless expressly agreed otherwise.

1.3 These GTC apply accordingly to contracts for the delivery of vouchers, unless expressly stipulated otherwise.

1.4 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of their commercial or independent professional activity.

1.5 Depending on the seller's product description, the subject of the contract may be both the purchase of goods by way of a one-off delivery and the purchase of goods by way of a permanent delivery (hereinafter "subscription contract"). In the case of a subscription contract, the seller undertakes to deliver the contractually owed goods to the customer for the duration of the agreed contract term at the contractually owed time intervals.

2.1 The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.

2.2 The customer can submit the offer via the online contact form integrated into the seller's online shop.

2.3 The seller may accept the customer's offer within five days,

- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive in this respect, or

- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or

- by requesting payment from the customer after the order has been placed.

If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.

2.4 Only the German language is available for the conclusion of the contract.

2.5 Order processing and contact are generally carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3.1 Consumers are generally entitled to a right of cancellation for contracts concluded outside of business premises and for distance selling contracts. However, WM Sport, owner Wolfgang Mackewicz, only concludes contracts for goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly customised to the personal needs of the consumer.

There is therefore no right of cancellation and consumers are expressly informed of this.

4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory VAT. Any additional delivery and shipping costs will be indicated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, further costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3 The payment option(s) will be communicated to the customer by the seller.

4.4 If advance payment by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed a later due date.

4.5 If the payment method purchase on account is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 14 (fourteen) days of receipt of the invoice without deduction, unless otherwise agreed. The seller reserves the right to offer the payment method purchase on account only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of a corresponding payment restriction in his payment information in the online shop. The seller also reserves the right to carry out a credit check when selecting the payment method purchase on account and to reject this payment method if the credit check is negative.

4.6 If the payment method purchase on account is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 30 (thirty) days of receipt of the invoice without deduction, unless otherwise agreed. The seller reserves the right to offer the payment method purchase on account only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of a corresponding payment restriction in his payment information. The seller also reserves the right to carry out a credit check when selecting the payment method purchase on account and to reject this payment method if the credit check is negative.

5.1 Unless otherwise agreed, goods shall be delivered by dispatch to the delivery address specified by the customer.

5.2 If the transport company returns the dispatched goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful dispatch. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had given him reasonable advance notice of the service.

5.3 If the customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the seller has delivered the goods to the forwarding agent, carrier or other person or organisation designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall not pass until the goods are handed over to the customer or a person authorised to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer, even in the case of consumers, as soon as the seller has delivered the goods to the forwarding agent, the carrier or the person or organisation otherwise designated to carry out the shipment, if the customer has commissioned the forwarding agent, the carrier or the person or organisation otherwise designated to carry out the shipment and the seller has not previously named this person or organisation to the customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has concluded a specific covering transaction with the supplier with due care. The seller shall make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded without delay.

5.5 In the case of self-collection, the seller shall first inform the customer by e-mail that the goods ordered by him are ready for collection. After receiving this e-mail, the customer can collect the goods from the seller's registered office by arrangement with the seller. In this case, no shipping costs will be charged.

6.1 In relation to consumers, the seller reserves the right of ownership of the delivered goods until the purchase price owed has been paid in full.

6.2 The Seller shall retain title to the goods delivered to entrepreneurs until all claims arising from an ongoing business relationship have been settled in full.

6.3 If the customer acts as an entrepreneur, he is authorised to resell the reserved goods in the ordinary course of business. The customer assigns to the seller in advance all resulting claims against third parties in the amount of the respective invoice value (including VAT). This assignment shall apply irrespective of whether the reserved goods have been resold without or after processing. The customer shall remain authorised to collect the claims even after the assignment. The seller's authorisation to collect the claims himself remains unaffected by this. However, the seller shall not collect the claims as long as the customer fulfils his payment obligations to the seller, is not in default of payment and no application for the opening of insolvency proceedings has been filed.

If the purchased item is defective, the provisions of statutory liability for defects shall apply. Deviating from this applies:

7.1 If the customer acts as an entrepreneur,

- the seller has the choice of the type of subsequent fulfilment;

- the limitation period for defects in new goods is one year from the transfer of risk;

- rights and claims due to defects are generally excluded for used goods;

- the limitation period shall not recommence if a replacement delivery is made as part of the liability for defects.

7.2 If the customer acts as a consumer, the limitation period for warranty claims for used goods is one year from delivery of the goods to the customer, with the restriction of the following clause.

7.3 The limitations of liability and shortening of the limitation period regulated in the above clauses shall not apply

- for items that have been used for a building in accordance with their normal use and have caused its defectiveness,

- for claims for damages and reimbursement of expenses by the customer, and

- in the event that the seller has fraudulently concealed the defect.

7.4 In addition, for entrepreneurs, the statutory limitation periods for the right of recourse according to § 478 BGB remain unaffected.

7.5 If the customer acts as a merchant within the meaning of § 1 HGB (German Commercial Code), he shall be subject to the commercial obligation to inspect and give notice of defects pursuant to § 377 HGB. If the customer fails to fulfil the notification obligations regulated therein, the goods shall be deemed approved.

7.6 If the customer is acting as a consumer, he is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer fails to do so, this shall have no effect on his statutory or contractual claims for defects.

The Seller shall be liable to the Customer for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:

8.1 The Seller shall be liable without limitation for any legal reason

- in the event of intent or gross negligence,

- in the event of wilful or negligent injury to life, limb or health,

- on the basis of a guarantee promise, unless otherwise agreed,

- due to mandatory liability such as under the Product Liability Act.

8.2 If the Seller negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless liability is unlimited in accordance with the above clause. Essential contractual obligations are obligations which the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which the customer may regularly rely.

8.3 Any further liability of the Seller is excluded.

8.4 The above liability provisions shall also apply with regard to the Seller's liability for its vicarious agents and legal representatives.

9.1 If, according to the content of the contract, the seller owes not only the delivery of goods but also the processing of the goods according to certain specifications of the customer, the customer must provide the operator with all content required for processing, such as texts, images or graphics in the file formats, formatting, image and file sizes specified by the operator and grant him the necessary rights of use. The customer is solely responsible for the procurement and acquisition of rights to this content. The customer declares and accepts responsibility for ensuring that he has the right to use the content provided to the seller. In particular, the customer shall ensure that no third-party rights are infringed, especially copyrights, trade mark rights and personal rights.

9.2 The customer shall indemnify the seller against claims by third parties which they may assert against the seller in connection with an infringement of their rights through the contractual use of the customer's content by the seller. The customer shall also assume the reasonable costs of the necessary legal defence, including all court and legal fees in the statutory amount. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obliged to provide the seller immediately, truthfully and completely with all information necessary for the examination of the claims and a defence.

9.3 The seller reserves the right to refuse processing orders if the content provided by the customer for this purpose violates legal or official prohibitions or offends common decency. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, offensive, youth-endangering and/or violence-glorifying content.

10.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.

10.2 Furthermore, this choice of law with regard to the statutory right of cancellation does not apply to consumers who do not belong to a member state of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.

If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the seller. If the customer is domiciled outside the territory of the Federal Republic of Germany, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is in any case entitled to appeal to the court at the customer's place of business.

12.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

12.2 The seller is not obliged to participate in a dispute resolution procedure before a consumer arbitration board.

B. Customer information

Address / registered office:

WM Sport®
Owner: Wolfgang Mackewicz
Recklinghäuser Strasse 119
In the "Haltern glassworks"
45721 Haltern am See

Information according to § 27a UStG

Marl tax office
Tax number: 359/5257/5088
VAT ID number: DE812163073

e-mail: info@wm-sport.de
Telephone: +49 (0) 2364 – 603 623 – 0