Terms and Conditions

1. Scope of application

The following terms and conditions apply to all orders placed through our online shop. Our online shop is aimed exclusively at consumers.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade, business or profession.

2. Contracting party, conclusion of contract, correction options

The purchase contract is concluded with Schuh- & Sporthaus Schindele GmbH.

The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalogue. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the ordering process. By clicking the order button, you submit a binding offer for the products contained in the shopping cart. Confirmation of receipt of your order is sent by email immediately after the order has been submitted.

We accept your offer within two days by

  • issuing a declaration of acceptance in a separate email, or
  • where applicable, the payment transaction being carried out by our service provider or the selected payment service provider. The time at which the payment transaction is carried out depends on the selected payment method (see under "Payment").

The alternative relevant to you depends on which of the listed events occurs first.

3. Contract language, storage of the contract text

Language(s) available for the conclusion of the contract: German

We store the contract text and send you the order data and our terms and conditions in text form. For security reasons, the contract text is no longer accessible via the internet.

4. Subject matter of the contract

In addition to the one-time ordering of our goods, the subject matter of the contract may also be the conclusion of a goods subscription, i.e. the regular purchase of physical products ("subscription"). If a subscription has been concluded, the special conditions in the section "Special conditions for subscriptions" apply in particular.

4.1 Product description

Please note that the respective product description applies as an essential part of the contract.

4.2 Product images

Without prejudice to your statutory warranty rights, we would like to draw your attention to the following particularities. If you are unsure, please contact us:

Due to individual screen configurations (e.g. resolution and brightness), slight deviations between the displayed and the actual product colours are possible.

5. Requirements for and handling of customer content

5.1 Requirements

If the fulfilment of the order requires you to provide us with content (e.g. texts, data, files), the technical options available for this purpose and any applicable requirements are set out in the respective product description.

You are solely responsible for the content, including the lawfulness and accuracy, of the content you provide. We do not carry out any editorial review of the content before executing the order.

5.2 Compliance with applicable law

The content and the products to be created from it must always comply with the applicable legal provisions. In particular, they must not infringe any rights or claims of third parties (in particular copyright, trademark or other protected rights) and must not contain or serve purposes that glorify violence or are discriminatory, racist, xenophobic or otherwise immoral or unconstitutional.

5.3 Indemnification

You indemnify us against claims that third parties may assert against us in connection with an infringement of their rights through our use of the content in accordance with the contract. You also assume the necessary costs of legal defence, including all court and legal fees at the statutory rate. The indemnification does not apply if you are not responsible for the infringement. In the event of a claim by third parties, you are obliged to provide us immediately, truthfully and completely with all information required to examine the claims and mount a defence.

5.4 Reservation of the right to withdraw

We reserve the right to refuse the order or to withdraw from the contract if the content you have provided for this purpose violates statutory or official prohibitions or common decency, or if there is reasonable suspicion of such a violation. This applies in particular to the provision of unconstitutional, racist, xenophobic, discriminatory, offensive content, content harmful to minors and/or content glorifying violence.

6. Mounting

The provision of mounting services requires an express agreement.

6.1 Selection of the person performing the service

We provide the service, at our discretion, either in person or through qualified personnel selected by us. We expressly reserve the right to have the service performed by third parties (subcontractors) acting on our behalf.

You are only entitled to the selection of a specific person to perform the service if and to the extent that this expressly follows from the applicable service description.

If and to the extent that third parties are used to perform the service, we remain fully responsible for the fulfilment of the contractual obligations.

Before using third parties, we will examine them with regard to their reliability and suitability in terms of professional training, experience and/or ability to perform the service in accordance with the contract, and oblige them accordingly.

6.2 Access to the mounting location

The product is delivered to the mounting location. You are obliged to grant the persons commissioned with the mounting access to the mounting location.

7. Delivery conditions

7.1 Shipping costs

Shipping costs are added to the stated product prices. Within Germany they amount to 5.00 euros for a standard parcel, 9.90 euros for oversized items (skis, snowboards and non-collapsible poles) and 49.90 euros for bicycles and e-bikes, which are shipped by freight carrier. Gift vouchers are delivered by email and are free of shipping costs.

If an order contains goods from more than one of these categories, we only charge the highest rate. Shipping costs are not added together.

For deliveries abroad, shipping costs depend on the country and the type of goods. The complete overview can be found in our shipping policy.

7.2 Delivery options

We ship the products to the delivery address specified in the ordering process.

7.3 Delivery by freight carrier

Appointment scheduling

For freight deliveries, the freight company commissioned by us will contact you to arrange a delivery date.

Place of delivery

Delivery of the goods is limited to transport to and unloading of the goods at the first public kerb of the agreed delivery address. Delivery does not include delivery to specific rooms or the mounting and/or installation of the ordered goods, unless expressly agreed otherwise.

8. Payment

8.1 Prices

The prices stated at the time of the order apply. These are total prices and include statutory VAT.

8.2 Due date and default of payment

The price is due upon conclusion of the contract, unless a later date results from the following payment conditions.

For consumers: In the event of default of payment, we reserve the right to charge you a fee of 1.50 euros per reminder for the second and each subsequent reminder. You retain the right to prove that a lower loss was incurred. Further claims remain unaffected.

For entrepreneurs: In the event of default of payment, we reserve the right to charge you statutory default interest of nine percentage points above the base rate as well as a flat fee of 40 euros. Further claims remain unaffected.

8.3 Payment methods

In principle, the following payment methods are available in our shop.

Prepayment

If you select the prepayment method, we will provide you with our bank details in a separate email and deliver the goods after receipt of payment.

Cash payment on collection

You pay the invoice amount in cash upon collection.

Credit card

You enter your credit card details during the ordering process. Your card will be charged immediately after the order has been placed.

SEPA direct debit

By submitting the order, you grant us a SEPA direct debit mandate. We will inform you of the date of the account debit at least one bank business day in advance (so-called prenotification). A bank business day is any working day except Saturdays, nationwide public holidays and 24 and 31 December of each year. The account is debited before the goods are dispatched.

Amazon Pay

To pay the invoice amount via the payment service provider Amazon Payments Europe S.C.A. 38 avenue J.F. Kennedy, L-1855 Luxembourg ("Amazon"), you must be registered with Amazon, verify your identity with your login details and confirm the payment instruction. The payment transaction is carried out by Amazon Pay within one bank business day of the order being placed.

Amazon Pay may offer registered Amazon Pay customers selected according to its own criteria further payment options in their customer account. However, we have no influence on the offering of these options; further individually offered payment options concern your legal relationship with Amazon Pay. Further information can be found in your Amazon Pay account.

PayPal Express

To pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, verify your identity with your login details and confirm the payment instruction.

PayPal may offer registered PayPal customers selected according to its own criteria further payment options in their customer account. However, we have no influence on the offering of these options; further individually offered payment options concern your legal relationship with PayPal. Further information can be found in your PayPal account.

PayPal

In cooperation with the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), we offer you the following payment options as PayPal services. Unless otherwise stated below, payment via PayPal does not require registration with PayPal. Further information is provided with the respective payment option and during the ordering process.

Payment with PayPal

To pay the invoice amount via the PayPal payment option, you must be registered with PayPal, verify your identity with your login details and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after the order has been placed.

PayPal may offer registered PayPal customers selected according to its own criteria further payment options in their customer account. However, we have no influence on the offering of these options; further individually offered payment options concern your legal relationship with PayPal. Further information can be found in your PayPal account.

Credit card via PayPal

Your card will be charged by PayPal after the goods have been dispatched.

Direct debit via PayPal

Payment by direct debit via PayPal requires an address and credit check and is made directly to PayPal. By confirming the payment instruction, you grant PayPal a direct debit mandate. You will be informed of the date of the account debit by PayPal (so-called prenotification). The account is debited before the goods are dispatched.

Purchase on account via PayPal

Purchase on account via PayPal requires an address and credit check and is made directly to PayPal.

9. Retention of title

The product remains our property until payment has been made in full.

10. Transport damage

If goods are delivered with obvious transport damage, please report such defects to the delivery agent immediately if possible and contact us without delay. Failure to make a complaint or to contact us has no consequences whatsoever for your statutory claims and their enforcement, in particular your warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurance.

11. Warranty and guarantees

11.1 Liability for defects

The statutory law on liability for defects applies.

11.2 Guarantees and customer service

Information on any applicable additional guarantees and their precise conditions can be found with the respective product and on special information pages in the online shop.

12. Liability

We are always liable without limitation for claims based on damage caused by us, our legal representatives or vicarious agents

  • in the event of injury to life, body or health,
  • in the event of intentional or grossly negligent breach of duty,
  • in the event of guarantee promises, where agreed, or
  • where the scope of application of the Product Liability Act (Produkthaftungsgesetz) applies.

In the event of a breach of essential contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on whose observance the contractual partner may regularly rely (cardinal obligations), through slight negligence on our part or on the part of our legal representatives or vicarious agents, liability is limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.

13. Special conditions for subscriptions

The following special conditions also apply to our subscription contracts.

13.1 Contract terms and contract termination

Subscriptions are concluded for an indefinite period, but at least for the minimum term stated in the respective product description or in the ordering process. The subscription may be terminated for the first time at the end of the minimum term with a notice period of one (1) month, and after its expiry at any time with a notice period of one (1) month.

Any right of termination for good cause remains unaffected. Good cause exists if, taking into account all the circumstances of the individual case and weighing the interests of both parties, the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed end or until the expiry of a notice period. Termination must be in text form (e.g. letter, email). Consumers may also declare it via (electronic) termination buttons on our website.

13.2 Our right of extraordinary termination

We would like to point out that we may also have rights of termination for good cause. Good cause exists if, taking into account all the circumstances of the individual case and weighing the interests of both parties, the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed end or until the expiry of a notice period. Termination must be in text form (e.g. letter, email).

13.3 Payment

For subscriptions, only a selection of the payment methods mentioned above may be offered. Which payment methods are available to you for subscriptions can be seen in the ordering process.

13.4 Other

Further provisions on prices and any discounts can be found with the subscription offers.

All information necessary for the performance of the contract must always be up to date and truthful. You must provide us with the information necessary for processing the subscription at any time during the contract term, for example during the ordering process. To ensure smooth shipping, you are obliged to notify us of any changes to your data (in particular changes to your address or your payment details) without delay.

14. Dispute resolution

The European Commission provides a platform for online dispute resolution (ODR), which you can find here. Consumers have the option of using this platform to resolve their disputes.

For the resolution of disputes arising from a contractual relationship with a consumer, or concerning whether such a contractual relationship exists at all, we are obliged to participate in dispute resolution proceedings before a consumer arbitration board. The competent body is the Universalschlichtungsstelle des Bundes am Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de. We will participate in dispute resolution proceedings before this body.

Should individual clauses of these terms and conditions be invalid in whole or in part, the remainder of the contract remains valid. To the extent that individual clauses are invalid, the content of the contract is governed by the statutory provisions.

Terms and conditions created with the Trusted Shops legal text generator