AGB
§ 1 SCOPE OF APPLICATION, APPLICABLE LAW
(1) For the business relationship between Athletes eyewear (Emmerich Fashion GmbH) and the customer, the following General Terms and Conditions shall apply exclusively in the version valid at the time of the order.
(2) Other terms and conditions shall not apply, even if we do not separately object to their application in individual cases, unless their application is expressly agreed to in writing.
(3) The law of the Federal Republic of Germany shall apply to these Terms and Conditions and the entire legal relationship between the contracting parties, to the exclusion of international uniform law, in particular the UN Convention on Contracts for the International Sale of Goods.
§ 2 TIME OF THE CONCLUSION OF THE CONTRACT
(1) The mere presentation of Athletes eyewear products in the online store does not constitute a binding offer in the legal sense.
(2) Only by clicking the button "Order subject to payment" you place a binding order of the goods contained in the shopping cart. Before submitting the order, you can change and view the data at any time. However, the application can only be submitted and transmitted if you have accepted these General Terms and Conditions by clicking on the button "Accept General Terms and Conditions" and have thereby included them in your application. With the submission of the offer you are bound to it for two weeks. Your possible right of withdrawal according to § 3 remains unaffected.
(3) The sending of the order confirmation is done by an automated e-mail from Athletes eyewear. With this confirmation, the acceptance is not yet declared, unless the acceptance is also expressly included in the order confirmation. A contract is only concluded when we expressly accept your offer or send you the ordered goods.
§ 3 RIGHT OF REVOCATION
(1) If you are a consumer (i.e. a natural person who places an order for a purpose that is predominantly neither commercial nor self-employed), you have a right of withdrawal in accordance with the statutory provisions.
(2) With regard to this right of revocation, we provide you with the following revocation instructions (preformulated by the legislator):
RIGHT OF REVOCATION
You have the right to cancel this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.
Um Dein Widerrufsrecht auszuüben, musst Du uns, Emmerich Fashion GmbH, eine E-Mail an info@athletes-eyewear.com mittels einer eindeutigen Erklärung über Deinen Entschluss, diesen Vertrag zu widerrufen, informieren. Du kannst dafür das Muster-Widerrufsformular verwenden, das ist jedoch nicht vorgeschrieben.
FOLGEN DES WIDERRUFS
Wenn Du diesen Vertrag widerrufst, haben wir Dir alle Zahlungen, die wir von Dir erhalten haben, ausschließlich der Lieferkosten, unverzüglich und spätestens binnen 14 Tagen ab dem Tag zurückzuzahlen, an dem deine Retoure bei uns eingegangen ist. Für diese Rückzahlung verwenden wir dasselbe Zahlungsmittel, das Du bei der ursprünglichen Transaktion eingesetzt hast, es sei denn, mit Dir wurde ausdrücklich etwas anderes vereinbart. Wir können die Rückzahlung verweigern, bis wir die Waren wieder zurückerhalten haben oder bis Du den Nachweis erbracht hast, dass Du die Waren zurückgesandt hast, je nachdem, welches der frühere Zeitpunkt ist.
Du hast die Waren unverzüglich und in jedem Fall spätestens binnen 14 Tagen ab dem Tag, an dem Du uns über den Widerruf dieses Vertrags unterrichtest, an uns zurückzusenden oder zu übergeben. Die Frist ist gewahrt, wenn Du die Waren vor Ablauf der Frist von 14 Tagen absendest. Du trägst die unmittelbaren Kosten der Rücksendung der Waren. Du kannst auch unser Retourenportal benutzen, dabei fällt eine Bearbeitungsgebühr von 3€ an, worauf du im Portal hingewiesen wirst. Du musst für einen etwaigen Wertverlust der Waren nur aufkommen, wenn dieser Wertverlust auf einen zur Prüfung der Beschaffenheit, Eigenschaften und Funktionsweise der Waren nicht notwendigen Umgang mit ihr zurückzuführen ist.
EXCLUSION OF THE RIGHT OF WITHDRAWAL
The right of withdrawal expires for contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
§ 4 PRICES, PAYMENT, DUE DATE
(1) All prices in our online store within the EU are gross prices including the statutory value added tax. For orders outside the EU, net prices are indicated. Deliveries to an address outside the EU may be subject to import duties and taxes, which are due when the delivery reaches the delivery address.
(2) The shipping costs are indicated in our prices in our online store and are to be borne by you, unless you exercise your right of withdrawal. The price including VAT and applicable shipping costs is also displayed in the order mask before you submit the order.
(3) Payment can be made by credit card, PayPal, Shopify Payments, Apple Pay or Google Pay. Payment is due immediately upon conclusion of the contract. If the due date of the payment is determined by the calendar, you are already in default by missing the deadline.
(4) The invoice will be sent to the e-mail address you provided when placing the order.
§ 5 DELIVERY
(1) Delivery will be made from Athletes eyewear's warehouse to the delivery address you specified when placing your order.
(2) We generally assume that delivery of the goods to addresses within the Federal Republic of Germany takes 2 - 3 working days from the conclusion of the contract, unless otherwise agreed or stated in the description in our online store.
(3) For shipments outside the Federal Republic of Germany and within Europe, the delivery of goods for immediate delivery regularly takes 5 - 7 working days according to our experience. For shipments outside Europe, the delivery time depends on the shipping method (airmail / land / shipping) and the recipient location. Additional restrictions may result from information from our online store.
(4) If the ordered goods are not available or not available in time for reasons for which we are not responsible, we are entitled to withdraw from the contract. In this case, you will be informed immediately; any payments already made or other consideration will be refunded immediately.
(5) We shall be entitled to make partial deliveries to a reasonable extent.
(6) Your other rights remain unaffected.
§ 6 RESERVATION OF OWNERSHIP
The delivered goods remain the property of Emmerich Fashion GmbH until full payment has been received.
§ 7 WARRANTY FOR DEFECTS
(1) We shall be liable for material defects in accordance with the statutory provisions applicable thereto, in particular §§ 434 et seq. BGB, with the following deviations:
(2) If you assert a claim for subsequent performance, we shall fulfill this claim exclusively by way of replacement delivery.
(3) The warranty period for goods delivered by us to entrepreneurs is 12 months.
§ 8 LIABILITY FOR DAMAGES
The following exclusions and limitations of liability shall apply to any liability for damages, without prejudice to the statutory provisions:
(1) We shall be liable if we are guilty of intent or gross negligence. We shall only be liable for simple negligence in the event of a breach of an obligation the fulfillment of which is a prerequisite for the proper execution of the contract and the observance of which the contractual partner may regularly rely on. In the case of a purchase contract, this is in particular the obligation to hand over the purchased item and to procure ownership of the purchased item. In all other respects, liability for damages of any kind, regardless of the basis of the claim, including liability for culpa in contrahendo, is excluded.
(2) Insofar as we are liable for slight negligence in accordance with paragraph 1, our liability shall be limited to the damage that we had to expect to occur according to the circumstances known at the time of conclusion of the contract.
(3) The above liability provisions shall not apply if we have assumed a guarantee for the quality of the item or if such damages are to be compensated under the Product Liability Act or for damages resulting from injury to life, body or health.
(4) The above liability provisions shall also apply to our employees, workers, (legal or legitimate) representatives or vicarious agents as well as other third parties whose services we use for the performance of the contract.
§ 9 OTHER PROVISIONS
(1) As far as permissible, the exclusive, also international, place of jurisdiction for legal actions against us shall be 58097 Hagen. We shall be at liberty to take legal action against the customer at any other place.
(2) Claims against us may only be assigned with our prior written consent.
(3) Offsetting against our claims is only permitted if your counterclaims have been legally established, are undisputed or have been recognized by us. In addition, you are also entitled to offset against our claims if you assert notices of defects or counterclaims from the same purchase contract.
(4) You shall only be entitled to a right of retention if your counterclaim arises from the same purchase contract.
(5) Legally relevant declarations and notifications to be made by you to us after conclusion of the contract (e.g. setting of deadlines, notifications of defects, declaration of withdrawal or reduction) must be made in text form to be effective.
(6) Should individual provisions of the contract with the Purchaser, including these General Terms and Conditions of Business, be invalid in whole or in part, or should a loophole become apparent, this shall not affect the validity of the remaining provisions. The ineffective contractual provision or the gap shall be replaced by a legally effective substitute provision which takes into account or comes as close as possible to the intention of the parties as discernible from the contract and the General Terms and Conditions, the economic sense and the purpose of the omitted provision.
(7) Amendments and supplements to these Terms and Conditions and/or the remaining contractual relationship must be made in text form.