Terms of Service
Managing Director: Britta Hugenroth, André Zuppa
VAT ID: DE283693841
Registered office: Hamburg, district court of Hamburg HRB 123527
We do not take part in a dispute settlement procedure before a consumer arbitration board. However, the law on alternative dispute resolution in consumer matters requires that we nevertheless refer you to a consumer arbitration board that is responsible for you:
General consumer arbitration board of the Center for Arbitration e. V. Straßburger Str. 8, 77694 Kehl
In accordance with REGULATION (EU) No. 524/2013, here is the link to the online dispute resolution platform: http://ec.europa.eu/consumers/odr/
Terms and Conditions for this offer
§ 1 General
(1) These terms and conditions apply to all contracts, deliveries and other services of Latupo GmbH, Stahltwiete 21, 22761 Hamburg, (hereinafter: "Seller"), relating to the online shop sportplus.de and all sub-domains belonging to the domain. Deviating customer regulations do not apply unless the seller has confirmed this in writing. Individual agreements between the seller and the customer always have priority.
(2) The business relationships between the seller and the customer are subject to the law of the Federal Republic of Germany. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence. The application of UN sales law is excluded.
(3) The contract language is German.
(4) The place of jurisdiction is Hamburg if the customer is a merchant or a legal entity under public law or a special fund under public law. The same applies if a customer does not have a general place of jurisdiction in Germany or if the place of residence or habitual abode is not known at the time the action is filed.
(5) We deliver within Germany and Austria.
(6) Our products are designed for private use and are not suitable for medical, therapeutic or commercial purposes.
§ 2 Contents of contract and conclusion of contract
(1) The seller offers customers in the sportplus.de online shop goods from the sports, fitness and leisure sector.
(2) When shopping in the online shop, a purchase contract is concluded when the seller accepts the customer's order. Price labels in the online shop do not represent an offer in the legal sense. The receipt and acceptance of the order will be confirmed to the customer by e-mail.
(3) We save our contract texts. These are not accessible to the customer. We therefore recommend that all customers print out the text of the contract/the offer, including our general terms and conditions, at the latest immediately after the conclusion of the contract.
(4) We expressly point out that the entries can be checked and corrected again at any time until the binding conclusion of the contract. In particular, you can correct your entry by pressing the "back" button or by closing the last window that was opened (by pressing the "X" symbol)§ 3 Prices, shipping costs, sales tax and payment
(1) In the case of purchase via the online shop, the price at which the purchase contract was concluded (cf. § 2 para. 2) applies. Otherwise, the agreed prices apply. All prices include the statutory sales tax, which is shown separately in the invoice to the customer.
(2) The prices include shipping and packaging costs.
(3) At the customer's request, the seller will deliver to the customer using the following payment methods:
- Credit card
- Google Pay
- Apple Pay
- Shopify Pay
- Invoice with Klarna
- Immediately with Klarna
- Ban contact
- Amazon Pay
(4) In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna:
Invoice: The payment period is 14 days from dispatch or, in the case of other services, from the provision of the service. The complete billing conditions for the countries in which this payment method is available can be found here: Germany, Austria.
Sofort: Your account will be debited immediately after submission of the order.
The use of the invoice payment method requires a positive credit check. Further information and Klarnas user conditions can be found here. You can find general information about Klarna here. Your personal data will be treated by Klarna in accordance with the applicable data protection regulations and in accordance with the information in Klarna's data protection regulations.
(5) If a customer defaults on his payment obligations, the seller can demand damages in accordance with the statutory provisions and/or withdraw from the contract.
(6) The seller always issues the customer with an invoice, which is sent to him in text form by e-mail upon delivery of the goods.
§ 3 Delivery and transfer of risk
(1) Unless otherwise contractually agreed, the ordered goods will be delivered to the address specified by the customer.
(2) The availability of the individual goods is indicated in the item descriptions. Goods that are in stock will be dispatched by the seller within 5 working days after the conclusion of the contract, unless expressly agreed otherwise. When paying by PayPal, the delivery period begins on the day after the payment order has been issued to the transferring bank. If the last day of the period falls on a Saturday, Sunday or a public holiday recognized by the state at the place of delivery, the next working day takes the place of such a day. If the goods are marked as not in stock when selling via the online shop, the seller will endeavor to deliver as quickly as possible. Information from the seller regarding the delivery period is non-binding, unless the delivery date has been expressly confirmed by the seller.
(3) The seller reserves the right to make a partial delivery if this appears advantageous for speedy processing and the partial delivery is not exceptionally unreasonable for the customer. Additional costs arising from partial deliveries will not be charged to the customer.
(4) The seller reserves the right to release itself from the obligation to fulfill the contract if the goods are to be delivered by a supplier on the day of delivery and the delivery is omitted in whole or in part. This reservation of self-delivery only applies if the seller is not responsible for the non-delivery. The seller is not responsible for the non-performance if a so-called congruent hedging transaction to fulfill the contractual obligations was concluded in good time with the supplier. If the goods are not delivered, the seller will immediately inform the customer of this circumstance and reimburse any purchase price and shipping costs that have already been paid. The risk of accidental loss and accidental deterioration of the goods is transferred to the customer upon handover.If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay in the case of mail-order sales already passes upon delivery of the goods to the forwarding agent, carrier or other person responsible for carrying out the shipment
§ 4 retention of title
The delivered goods remain the property of the seller until all claims arising from the contract have been fulfilled; in the event that the customer is a legal entity under public law, a special fund under public law or an entrepreneur in the exercise of his commercial or self-employed professional activity, also beyond that from the ongoing business relationship until settlement of all claims that the seller has in connection with entitled to the contract.
§ 5 Liability for material and legal defects
(1) If there are defects, the customer is entitled to the statutory warranty rights in accordance with the following provisions. If only merchants are involved in the contract, §§ 377 ff. HGB.also apply
(2) Damage caused by improper actions by the customer during installation, connection, operation or storage of the goods do not justify a warranty claim against the seller. The customer can find information on proper handling in the manufacturer's descriptions.
(3) The customer must notify the seller of defects within a warranty period of two years for new items or one year for used items. If the customer is an entrepreneur, the warranty period for new items is one year. In the case of used items, the warranty for entrepreneurs is excluded. The above limitations of liability do not apply if the seller has fraudulently concealed a defect or has assumed a guarantee for the quality of the goods. The above limitations of liability also do not apply to claims for damages by the customer, which are aimed at compensation for physical injury or damage to health due to a defect for which the seller is responsible or which are based on intentional or grossly negligent fault on the part of the seller or its vicarious agents. The above abbreviations do not apply to defects in a building or an item that has been used for a building in accordance with its normal use and has caused its defectiveness. The above reductions also do not apply if the seller has fraudulently concealed a defect or has assumed a guarantee for the quality of the goods, and not for claims for damages by the customer, which are aimed at compensation for bodily injury or damage to health due to a defect for which the seller is responsible or which are based on intentional or grossly negligent fault on the part of the seller or its vicarious agents.
(4) If there are defects and if these were asserted in good time, the seller is entitled to supplementary performance. If the supplementary performance fails, the customer is entitled to reduce the purchase price in consultation or to withdraw from the contract. Otherwise, the statutory provisions apply.
§ 6 Information requirements in the event of transport damage
If goods are delivered with obvious damage to the packaging or the contents, the customer should complain immediately to the carrier/freight service without prejudice to his warranty rights (§ 6) and immediately report this by email or other means (fax/post) Contact the seller so that they can protect any rights they may have against the freight forwarder/freight service.
§ 7 Disclaimer
(1) Apart from the liability for material defects and defects of title, the seller is liable without limitation if the cause of the damage is due to intent or gross negligence. as well as for the violation of cardinal obligations (obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer regularly relies), but only for the foreseeable, contract-typical damage. The seller is not liable for the slightly negligent breach of obligations other than those mentioned above.
(2) The limitations of liability in the preceding paragraph do not apply in the event of injury to life, limb or health, for a defect after the assumption of a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
(3) If the seller's liability is excluded or limited, this also applies to the personal liability of its employees, representatives and vicarious agents.
§ 8 Data Protection
(1) The customer is aware that the personal data required to process the order is stored by the seller on data carriers and has taken note of the data protection information [following Section 9] regarding data processing in the context of ordering processes. The specification of further data marked as optional helps us to improve the processing of your order. This data is provided expressly on a voluntary basis and with your consent. The stored personal data will of course be treated confidentially by the seller. The collection, processing and use of the customer's personal data takes place in compliance with the General Data Protection Regulation (GDPR), the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG).
(2) The customer has the right to revoke his consent at any time with effect for the future. In this case, the seller is obliged to delete the customer's personal data. We delete the data that is absolutely necessary in the context of ordering processes after the storage is no longer necessary, or restrict the processing if there are statutory storage obligations.
§ 9 instruction on the right of withdrawal for distance contracts:
§ 9.1 Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods. In order to exercise your right of withdrawal, you must send us (Latupo GmbH, Stahltwiete 21, 22761 Hamburg, Tel. 040 4328243910, Fax: 040 4328243918, email: email@example.com) a clear statement (e.g B. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory. You can also download, fill out and submit the model cancellation form or any other clear statement on our website sportplus.de. If you make use of this option, we will send you (e.g. by e-mail) confirmation of receipt of such a revocation. To meet the cancellation deadline, it is sufficient for you to send the communication regarding the exercise of the right of cancellation before the cancellation period has expired.
§ 9.2 consequences of revocation
If you withdraw from this contract, we will owe you all payments we have received from you, including delivery costs (except for additional costs resulting from your choosing a different type of delivery than that offered by us, have chosen the cheapest standard delivery) immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we will use the same means of payment that you used for the original transaction, unless , something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier. You have returned the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract:Tronex Service
Am Bahndamm 1C
D-48455 Bad Bentheim
return or hand over. The deadline is met if you send back the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.Sample revocation form:
(If you want to revoke the contract, please fill out this form and send it back.)
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*):
Ordered on (* )/received on (*):
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if notification is on paper) :
___________ (*) Strike out what is not applicable.
[End of cancellation policy]
(1) The right of cancellation does not apply to the delivery of goods that are manufactured to customer specifications or are clearly tailored to personal needs or in the case of delivery of audio or video recordings or software, provided that the data carriers delivered have been unsealed by you.
(2) Please avoid damage and contamination. If possible, please send the goods back to us in the original packaging with all accessories and with all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please use suitable packaging to ensure adequate protection against transport damage in order to avoid claims for damages due to damage caused by defective packaging.
§ 10 Voluntary right of return up to 30 days after receipt of goods
10.1 Irrespective of your statutory right of withdrawal, we grant you a voluntary right of return within 30 days of receipt of the goods. With this right of return, you can withdraw from the contract even after the 14-day cancellation period has expired (see cancellation policy above) by returning the goods to us within 30 days of receipt (period begins on the day after receipt of the goods).
10.2 If you are returning SportPlus items, please contact our customer service on +49 40 432 824 39 109 or firstname.lastname@example.org.He will arrange the return for you and collect the goods from you
10.3 You will find the return data in the cancellation policy, which we will send you with the order confirmation as a PDF attachment.
10.4 Please only return items in their complete original packaging. If you wish to make use of your right of return, you must obtain replacements for lost original packaging.
10.5 Timely dispatch is sufficient to meet the deadline. However, a prerequisite for exercising the voluntary right of return is that you have tested the goods - as far as possible - for a maximum of a short time, as in a retail shop, and the goods are complete, in their original condition, intact and without damage in the original sales packaging together with any instructions and - as far as possible present - send back with undamaged seal. If these requirements are not met, the return of the goods can be refused. Alternatively, as in the case of the statutory right of withdrawal, in the case of the voluntary 30-day right of return, compensation for a loss in value that has occurred can be demanded, insofar as the loss in value is due to the handling of the goods, which is necessary to check the nature, properties and functioning of the goods was not necessary.
10.6 Until the end of the period for the statutory right of withdrawal, only the statutory conditions listed there apply. The voluntary right of return does not limit your statutory warranty rights. The voluntary right of return does not apply to the purchase of gift vouchers.
§ 11 Return costs when exercising the right of withdrawal or voluntary right of return
If you make use of your statutory right of cancellation (see cancellation policy), you have to bear the costs of the return if the delivered goods correspond to the ordered ones. Otherwise the return is free of charge for you.
§ 12 Damage in transit
(1) If goods are delivered with obvious transport damage, please report such errors to the deliverer immediately and contact us as soon as possible:
Tel. 040 4328243910
Fax: 040 4328243918
(2) The failure to make a complaint or contact us has no consequences whatsoever for your statutory warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance company.
§ 13 Information on the storage and accessibility of contract texts after the conclusion of the contract:
We save our contract texts. The contract texts we have saved are not accessible to the customer.
§ 14 Battery Ordinance:
Some of our products come with batteries. In connection with the sale of these batteries, we as a dealer are obliged under the Battery Ordinance to inform our customers of the following: Please dispose of old batteries as required by law (disposal in household waste is expressly prohibited according to the Battery Ordinance) at a municipal collection point, or give them them free of charge in local shops. Batteries received from us can be returned to us free of charge after use to the address given above in the imprint or sent back to us by post with sufficient postage. Batteries that contain harmful substances are marked with the symbol of a crossed-out garbage can..