GENERAL TERMS AND CONDITIONS
1. scope of application
The following General Terms and Conditions shall apply as the exclusive basis for ordering and sending goods ordered via the online shop at www.sponser.at Sponser Europe GmbH. We do not accept conflicting or deviating terms and conditions of the customer unless we have expressly agreed to their validity in writing.
2. offer and acceptance
The offers of Sponser Europe GmbH are non-binding and subject to confirmation. They are an invitation to the orderer to submit a binding contract offer. The acceptance of an offer takes place either by delivery of the dispatch confirmation (e-mail) or by sending the goods. The automatically generated sales confirmation (e-mail) does not yet represent an acceptance of the offer, it only informs the customer that the order has been received by us.
3. revocation instruction
The orderer, who is a natural person and does not conclude the legal transaction with Sponser Europe GmbH predominantly for his commercial or independent activity (consumer in terms of § 13 BGB), has the following right of revocation. However, this does not apply to deliveries of goods which are made according to customer specifications or which are clearly tailored to personal needs.
a) Right of revocation
You can revoke your contractual declaration within two weeks without giving reasons in writing (eg letter, fax, e-mail) or by returning the goods. The period begins on the day on which you or a third party named by you who is not the carrier has taken possession of the goods. The timely dispatch of the revocation or the goods shall suffice to comply with the revocation period. The revocation is to be addressed to:
Sponser Europe GmbH
Heurie path 30
D-88131 Lindau, Germany
Phone +49 (0) 8382 260 277 0
Fax +49 (0) 8382 260 277 99 +49 (0) 8382 260 277 99
b) Consequences of revocation
In the event of an effective return, the services received by both parties are to be returned and any benefits derived are to be surrendered. In case of a deterioration of the goods, compensation can be demanded. This does not apply if the deterioration of the goods is exclusively due to their examination, as it would have been possible in a shop. In addition, you can avoid the obligation to pay compensation by not using the goods as an owner and refraining from anything that could impair their value. If you revoke the contract within 14 days after the goods have been received by the intended recipient and the order value is more than 40 euros, we will refund the cost of returning the goods by crediting the corresponding amount to your account. However, this does not apply to orders where no consideration has been received at the time of revocation. With an order value up to 40, - Euro you have to bear the regular return costs, unless the delivered does not correspond to the ordered commodity or the commodity is damaged. Only unopened products will be taken back, unless the goods are damaged. We may refuse to refund until we have received the goods back or eventually until proof has been furnished that you have returned the goods.
4 Warranty The warranty is based on
The warranty is governed by the statutory provisions. However, the liability of Sponser Europe GmbH for damages is excluded if the damage is due to slight negligence.
5. prices The prices listed in the shop
The prices listed in the shop are inclusive of statutory sales tax and plus shipping costs. The prices are shown in Euro (€).
6. shipping costs
a) Shipping costs for deliveries within Germany
Within Germany there are no shipping costs for orders with a value of 50,-- Euro or more. If the order value is less than 50,-- Euro, the standard shipping costs are 3,95 Euro. Exception: For retailers entitled to discounts and co-sponsoring customers, the shipping costs up to an order value of 200,-- Euro are not borne by Sponser Europe GmbH. For cash on delivery deliveries, the costs are always 7.50 Euro in addition to the standard shipping costs.
b) other countries
If the delivery takes place outside Germany, the whole point 6a has no validity. Instead, the following shipping costs apply if the order cannot be placed directly with a country distributor (cash on delivery is not possible here):
Austria 6,-- Eur. above 100,-- Eur. free shipping
Italy 7,-- Eur. above 100,-- Eur. free shipping
France 8,-- Eur. above 100,-- Eur. free shipping
Rest EU 10,-- Eur. above 150,-- Eur. free shipping
Possible surcharges for suburbs will be communicated in advance. Delivery to other countries will only be made on request (see point 7).
7. customs duties and import tax
When importing goods into countries outside the EU, import duties may be payable by the customer. These vary in different customs areas. The customer is responsible for the proper collection of the necessary customs duties and fees. Import duties are not shipping costs. Sales tax is not shown for deliveries to non-EU countries. Sponser Europe GmbH only delivers to EU countries without exception. Orders from outside the EU can be requested from Sponser Sport Food AG (Switzerland):
Sponser Sport Food AG
41 (0) 43/888 18 18
Fax. +41 (0) 43/888 18 00 +41 (0) 43/888 18 00
8. terms and conditions of payment / variants of payment
Within Germany, all payment methods listed are available to you. Outside of Germany only the payment variants credit card, PayPal and prepayment are offered.
The payment method invoice is offered by us under reservation. We reserve the right to obtain (automatic) credit information in order to safeguard our legitimate interests (see point 14). We accept payment by invoice in principle up to a maximum invoice amount of 200,-- Euro and only after all outstanding invoices have been settled by the customer.
The invoice must be paid within 10 days after receipt at the latest completely (in particular without discount deduction). Otherwise the invoice recipient is automatically in default according to § 286 Abs. 3 BGB also without further reminders. Should you fall into arrears with your payments, the reminder fees under point 9 apply.
b) Direct debit (electric direct debit procedure ELV)
Persons residing within Germany can pay from a German account by direct debit. We collect the invoice amount from the customer's specified account using the SEPA Basic Direct Debit Scheme. When paying by direct debit, care must be taken to ensure that the account is sufficiently covered and that the account details are provided correctly. If we incur costs due to chargebacks for which the customer is responsible or due to unjustified objections by the customer, the customer shall bear the costs incurred by us for the chargeback. Payment by direct debit is offered by us subject to reservation. We reserve the right to obtain information on creditworthiness in order to safeguard our legitimate interests (see point 14). Should customers be in default with payments, the reminder fees under point 9 shall apply.
c) Prepayment (prepayment)
We inform the customer about the transfer in the order confirmation of our bank data. The customer must make the transfer to our account within 10 days of receipt of the order confirmation at the latest. Otherwise we reserve the right to cancel the order or to withdraw from the contract. Only after receipt of money on our account we dispatch the goods.
d) Credit card
Payments with a Visa or Master Card are accepted. Your credit card account will not be debited until the goods have been shipped.
Prerequisite for this use of payment is your registration at PayPal (www.paypal.de). PayPal also allows you to pay with other payment methods not listed here.
f) Cash on delivery
For the payment by cash on delivery we charge a cash on delivery fee of 7,50 Euro independent of the order value and other possible standard shipping costs. In case of rejection of the order or passive default of acceptance we charge a flat fee of 19,-- Euro.
9. payment due dates/ reminder charges
In all payment variants, payment is due immediately after the order has been placed. If payment is offered on account, the payment period is 10 days. This is a fixed date. If the payment due date is not met, the following reminder costs will be due:
1st reminder: € 5,--
2nd reminder: € 5,--
3rd reminder: €15,--
With proven and conscious fraud attempts a expenses contribution of 100, - euro is required.
10. delivery periods
Sponser Europe has the right to make partial deliveries as well. As a rule, the goods are dispatched during the week at the latest one day after receipt of order and reach their destination within 2-3 working days. The delivery at UPS can be tracked by means of a code sent by e-mail.
11. retention of title
The goods remain the unrestricted property of Sponser Europe GmbH until full payment has been received.
12. exclusion of liability
We would like to explicitly draw your attention to the fact that we cannot guarantee the legal conformity of our advertising texts due to different jurisdictions and interpretations on the part of control bodies in different countries. These are written to the best of our knowledge and belief, but the publication of formulations from the Sponser homepage or of info sheets is exclusively at your own risk. Sponser Europe GmbH assumes no liability for their completeness or suitability for certain purposes. Liability for any type of damage, including consequential damage, resulting from the use of the information published on these Internet pages is excluded to the extent permitted by law. Downloading programs and data is at the user's own risk. No liability is accepted for any damage caused by calling up or downloading data (e.g. by computer viruses). The Internet pages of Sponser Europe GmbH also refer to Internet pages of third parties (links). Sponser Europe GmbH has no influence whatsoever on the current and future design and content of the linked sites. Sponser Europe GmbH is not responsible for their contents. Links to third party websites are provided solely as an additional service for visitors to our website.
The contents on the Internet pages of Sponser Europe GmbH are the intellectual property of Sponser Europe GmbH. Information may only be downloaded or printed out for private use. Further use is only permitted with the express written permission of Sponser Europe GmbH. This must be done in writing.
14. credit check
We reserve the right to automatically obtain and store business and address information about the person concerned when ordering goods in order to safeguard our legitimate interests in the context of initiating a purchase or estimating the risk of advance performance and non-payment.
In principle, this information is obtained automatically via the company Crif AG (Deltavista), which determines the personal data available to us on the probability of non-payment on the basis of mathematical-statistical procedures. The company Sponser Europe GmbH has no influence on this decision during the automatic credit assessment.
15. data protection
Of course, Sponser Europe treats your personal data responsibly and confidentially. The data necessary for order processing will be processed and stored in accordance with the applicable data protection laws. If necessary for order processing, the data may be passed on to affiliated companies (Sponser Sportnahrung AG, CH) and third parties involved in order processing (payment service providers and acquirers). Should you no longer agree to the storage of your personal data or should these no longer be correct, we will arrange for your data to be deleted on the basis of the relevant instructions. Upon request, you will receive information on all data stored by us. If you have any further questions regarding the collection, processing and use of your personal data, please contact us. We would also be pleased to draw your attention to the following data-relevant records
(a) use of analytical programmes
b) Plug-ins from social networks
If you interact with the plug-ins, for example by clicking on the "Like" button on Facebook or by submitting a comment, the corresponding information is transferred directly from your browser to Facebook and stored there. The purpose and scope of the data collection and the further processing and use of the data by Facebook as well as your rights in this regard and setting options to protect your privacy can be found in Facebook's data protection information. If you do not want Facebook to collect data about you via our website, you must log out of Facebook before visiting our website.
16. company details / information on the identity of the seller
So you can get in touch with us:
Sponser Europe GmbH
Heurie path 30
D-88131 Lindau, Germany
Phone +49 (0) 8382 260 277 0
Fax +49 (0) 8382 260 277 99 +49 (0) 8382 260 277 99
Postbank. iban: de32 7001 0080 0706 8706 8228 05
IBAN: DE32 7001 0080 0706 8228 05
Savings bank Memmingen-Lindau-Mindelheim
IBAN: DE98 7315 0000 0010 7395 14
BIC: BYLADEM1MLM Account: 107 395 14
BLZ: 731 500 00
Authorized managing director of the company Sponser Europe GmbH:
Nathalie Kubli and Paul Hiestand
Register court: Kempten Register number:
Sales tax identification number according to §27a of the sales tax law:
DE 248 251 475
17. place of performance
Place of performance is D-88131 Lindau, Heuriedweg 30 at Sponser Europe GmbH. In the case of generic goods, the debtor bears the risk of performance (e.g. when shipping via a parcel delivery service such as UPS). Our UPC parcel delivery service does not deliver to any packing stations.
18. applicable law and place of jurisdiction
The laws of the Federal Republic of Germany shall apply to the exclusion of the laws on the international purchase of movable goods. The exclusive place of jurisdiction shall be the Local Court of Lindau/B, insofar as this is legally possible.
19. final provisions
Should any provision of these General Terms and Conditions be invalid, the remainder of the contract shall remain valid. Instead of the invalid provision, the relevant statutory provisions shall apply.
20.10.2014/PH i.A.a. PH/Vers. 1,0