General Terms and Conditions

I. Applicability

The present general terms and conditions (GTC) are exclusive for the business-to-business marketplace and apply to all customers of Trendy Sport GmbH & Co. KG, Am Eberslohe 15 – 17, 91154 Roth-Eckersmühlen, represented by Roland Schröter (https://www.trendy-sport.com/en/legal-notice/) (hereinafter also referred to as “seller”) about the goods and services offered in the online-shop, unless nothing else has been expressly agreed in writing. The seller is not bound by the customer's differing or conflicting GTC. Similarly, the seller is not obligated to the extent that the customer's GTC deviate from the statutory provisions.

II. Proof of your entrepreneurial status

The sellers Online-Shop is directed exclusively at entrepreneurs within the meaning of section 14 BGB. The seller may therefore demand that her customers provide with sufficient proof of their entrepreneurial status prior to conclusion of the contract, e.g. by stating their VAT ID number or submitting the commercial register excerpt or trade license. The information required for proof shall be given complete and truthful.

III. Opening a customer account; Processing of personal data

1. Customers can order goods or services in the seller's online shop exclusively after opening a customer account. With a customer’s account, the customers must not enter their personal data every time they use the online shop but may log on to their customers account with their e-mail address and their password before or during the order process. There is no obligation to buy any of the goods offered by the seller only due to the registration. For information on the processing of your data, please read the seller's latest privacy policy, which can be find under following link: https://www.trendy-sport.com/en/gtc/ . During the application for registration, the customer chooses a personal username and a password. The customer is obliged to keep the password secret and not to disclose it to third parties, i.e. persons outside of the customers’ company or persons inside the customers’ company who do not have power of representation.
2. Customers may always delete their registration under “My account”. If the customers’ personal information changes, the customer itself is responsible for its update. All amendments can be made online under “My account” after the log in.

IV. Conclusion of Contract, Contract Language

1. The presentation of the products and services in the seller`s online shop does not constitute a legally binding offer, but merely an invitation to place orders (invitation ad offerendum).
2. Customer orders can be placed via e-mail to: sale@trendy-sport.com, by phone at: 09171/9756-30 or by completing the order process in the online shop. If the customer places an order via e-mail or by phone the order must contain at least the following information: complete company data including VAT identification number, customer contact person with phone number, billing and delivery address, product name, product number and colour if applicable, and the quantity to be delivered.
3. When using the ordering process in the seller's online shop, a binding offer to purchase or book the goods and/or services displayed in the order summary is made by clicking the "Order with obligation to pay" button in the final step of the ordering process. Immediately after submitting the order, the customer will receive an order confirmation, which however does not yet constitute the acceptance of the contract offer.
4. A contract between the seller and the customer regarding all orders within the meaning of section IV. No. 2 and section IV. No. 3 is concluded exclusively if followed by a written acknowledgement of the order by the Seller, which the Seller can dispatch up to and including fourteen (14) calendar days after receipt of the customer`s order. Until this time, the customer´s offer is irrevocable. Compliance with the text form pursuant to Section 126b BGB of the German Civil Code (BGB) is sufficient for the written acknowledgement of the order by the Seller. The Seller`s written acknowledge of the order in accordance with section IV., No. 4 sets out the terms of the contract concluded with the customer.
5. Amendments to the concluded contract always require written confirmation by the Seller, which must comply with the legal requirements of the text from pursuant to Section 126 of the German Civil Code (BGB).
6. Contracts with the Customer shall be made exclusively in the German or English language, in each case depending on whether the Customer places the order in German or English language or rather makes the relevant purchase on the English or German language website. Therefore, if the order is made in German or on the German (website), exclusively the German version of these GTC shall be relevant. If the order is made in English or on the English website, exclusively the English version of these GTC shall be relevant. English terms to which a German translation has been added shall have the meaning assigned to them by the relevant German term.

V. Technical steps up to the conclusion of the contract and correction of input errors

To place an order the customer starts by placing the desired goods and/or services in the shopping cart. There the customer can modify at all time the desired quantity or delete goods and services completely. By clicking the “Checkout” button, the customer is prompted to log in or register—provided this has not already been done. The customer is then taken to an order summary page displaying the items, address, payment and delivery terms, as well as the total amount. To correct input errors (e.g. with respect to the payment method, data or quantity), the customer can click “Edit” next to the respective field. To cancel the order process, the customer can simply close the browser window. By clicking the confirmation button “Order with obligation to pay”, the customers declaration becomes binding in the meaning of section IV, No. 3 of these GTC.

VI. Storage of the contract text

The contractual terms, including details of the goods and/or services ordered as well as these General Terms and Conditions, are sent to the customer along with the order confirmation as defined in Section IV, No. 3, but no later than with the written acknowledgement of the order by the Seller as defined in Section IV, No. 4. The Seller does not store the contractual provisions.

VII. Payment terms, shipping and freight charges, dunning costs/default interest

1. The customer undertakes to pay the price for the goods specified in the written acknowledgement of the order by the seller (compared to section IV, No. 4), plus value-added tax. The customer shall also bear the delivery costs specified in the seller’s written acknowledgement of the order, as charged by the transport company selected by the seller. To the extent that a price has not been agreed, the price which is listed in the seller`s online shop at the time of delivery shall apply. The customer can pay the purchase price using the payment methods listed in the online store, including bank transfer (by credit card), PayPal, Google Pay, and Apple Pay.
2. Payment by the customer is due immediately and in the amount of 100% at the time specified in the written acknowledgement of the order or - if a time for payment is not indicated - on receipt of the invoice. The purchase price becomes due regardless of delivery by the seller. The seller expressly reserves the right to agree on individual payment terms with the customer.
3. If the customer defaults in payment of the agreed purchase price in whole or in part, the seller shall be entitled to charge default interest in addition to the agreed purchase price at an annual rate of 9 percentage points above the applicable base interest rate pursuant to Section 247 of the German Civil Code (BGB). The seller reserves the right to assert further claims for damages caused by default.
4. The customer is not entitled to set-off or retention rights unless the counterclaim is undisputed or legally binding.

VIII. Type and Time of Shipment, Passing of Risk

1. Unless expressly otherwise agreed upon, the Seller is free to determine the appropriate mode of shipment and to select the carrier at their reasonable discretion.
2. If the product is shipped according to the agreement with the customer, the Seller shall only be obliged to properly and timely deliver the products to the carrier. Any transit time specified by the Seller shall therefore be non-binding.
3. The risk of accidental destruction, damage or loss of the delivered product shall, if the seller`s obligation is limited to the delivery of the product (subsection 2), pass to the Customer upon delivery of the product by the Seller to the carrier.

IX. Retention of Title and Resale

1. The delivered goods (retained goods) shall remain the property of the seller until all claims to which the seller is entitled against the customer now or in the future have been satisfied, including all balance claims arising from current account arrangements. If the customer acts in breach of contract—particularly by defaulting on a payment obligation—the seller shall be entitled to withdraw from the contract after having granted the customer a reasonable grace period to perform. The customer shall bear the transport costs incurred for the return of the goods. The repossession of the retained goods by the seller shall constitute a withdrawal from the contract. The same applies if the seller seizes the retained goods. Retained goods that have been taken back by the seller may be resold. The proceeds of such resale—less reasonable resale costs—shall be offset against any amounts owed by the customer to the seller.
2. The customer is obligated to handle the retained goods with due care. The customer shall, at their own expense, adequately insure them at replacement value against fire, water, and theft. If maintenance and inspection work become necessary, the customer must carry it out in a timely manner and at their own cost.
3. The customer is entitled to use and resell the retained goods in the ordinary course of business, provided they are not in default of payment. However, the customer may not pledge the retained goods or assign them as security. The customer hereby assigns to the seller, by way of security, all claims for payment arising from the resale of the retained goods against their own customers, as well as any claims arising from any other legal grounds in connection with the retained goods (in particular claims arising from tort and claims to insurance benefits), including all balance claims from current account relationships. The seller hereby accepts this assignment. The customer is authorized to collect the assigned claims for the seller’s account in their own name, provided the seller has not revoked this authorization. The seller’s right to collect the claims directly remains unaffected; however, the seller shall not enforce the claims or revoke the collection authorization as long as the customer duly meets their payment obligations. However, if the customer acts in breach of contract—particularly by defaulting on a payment obligation—the seller may require the customer to disclose the assigned claims and the respective debtors, notify the respective debtors of the assignment, and hand over all documents and provide all information necessary for the seller to enforce the claims.
4. Any processing or transformation of the retained goods by the customer shall always be carried out on behalf of the seller. If the retained goods are processed together with other items not belonging to the seller, the seller shall acquire co-ownership of the new item in proportion to the value of the retained goods (final invoice amount including VAT) to the other processed items at the time of processing. The same shall apply to the new item resulting from the processing as applies to the retained goods. If the retained goods are inseparably combined or mixed with other items not belonging to the seller, the seller shall acquire co-ownership of the new item in proportion to the value of the retained goods (final invoice amount including VAT) to the other combined or mixed items at the time of combination or mixing. If the combination or mixing occurs in such a way that the customer's item is to be regarded as the principal item, it is agreed that the customer shall transfer proportional co-ownership of this item to the seller. The seller hereby accepts this transfer. The customer shall hold the sole ownership or co-ownership of the resulting item in safe custody for the seller.
5. In the event of seizures of the retained goods by third parties or any other third-party interventions, the customer must point out the seller’s ownership and notify the seller immediately in writing so that the seller can enforce its ownership rights. If the third party is unable to reimburse the seller for the judicial or extrajudicial costs incurred in this connection, the customer shall be liable for such costs.
6. Upon the customer’s request, the seller shall be obliged to release securities to which it is entitled to the extent that the realizable value of such securities exceeds the value of the seller’s outstanding claims against the customer by more than 10%. The seller shall be entitled to choose which securities to release.

X. Warranty, Duty to Inspect and Notify of Defects

1. If the goods delivered are defective, the customer is entitled, within the scope of statutory provisions, to demand supplementary performance in the form of removal of defects or delivery of a defect-free item. The Seller is entitled to choose the form of supplementary performance. If the supplementary performance fails, the customer has the right to reduce the purchase price or to withdraw from the contract. Precondition for any warranty claim is that the customer fulfils all obligations to inspect and to reprimand owed pursuant to section 377 of the German Commercial Code (HGB).
2. The limitation period of warranty claims for the goods delivered is twelve months from receipt of the goods, except in cases of claims for damages.

XI. Liability

1. The seller is only liable for intent and gross negligence. Further the seller is liable for the negligent breach of obligations, whose fulfilment is essential to enable the ordinary implementation of the contract, whose breach jeopardizes the achievement of the purpose of the contract and on whose compliance the customer may rely on regularly. In the last-mentioned case, the Seller is only liable for the foreseeable, typical contractual damage. Any further liability of the seller is excluded, subject to No. 2 of this provision.
2. No. 1 of this provision also applies to breaches of duty by employees, vicarious agents and other third parties of the Seller, who the Seller uses to fulfil the contract.
3. The abovementioned exclusions and limitations of liability do not apply in case of intentionally damage of life, body and health. The liability pursuant to the product liability law remains unaffected.

XII. Data Protection

The seller is entitled to process and store data relating to the respective purchase contracts with customers only within the scope of the applicable legal provisions. Further details can be found in the seller’s privacy policy available on the online shop at the following link: https://www.trendy-sport.com/en/gtc/.

XIII. Concluding Provisions, Competent Courts

1. Amendments or supplements of these terms and conditions require the written form to be binding.
2. The law of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
3. Venue of the performance is Roth. The courts of Roth shall have exclusive jurisdiction for dispute in connection with this contract.
4. If individual provisions of these terms and conditions are ineffective, statutory laws, the terms and conditions as a whole remain unaffected. The contractual parties shall decide to replace the ineffective provision by a legally effective provision, which comes closest to the commercial purpose of the ineffective one. The aforementioned provision shall accordingly apply in case of gaps.