Terms of service

General Terms and Conditions MARE SPORTS

Status: 28.11.2020
 

1. scope of application

The following terms and conditions of sale ("Terms and Conditions") shall apply exclusively to the sale of products via the online shop ("Shop") operated by Inh. Hauke Lutzen (registered office: Hammeweg 35, 27412 Tarmstedt, hereinafter referred to as "Lutzen" or "we") at the internet address www.mare-sports.de. Deviating terms and conditions of the customer shall not be recognised unless we expressly agree to their validity in writing.

 

The purchase of a product in the Shop implies that you agree to the Terms. Please read them carefully. If you do not agree to any of these conditions, you may not place any orders.

 

2. conclusion of contract

If you are under 18 years of age, you need the consent of your legal guardian to conclude a contract with Lutzen.

 

The offers in our shop are non-binding. By placing an order in our shop, you are making a binding offer to conclude a purchase contract. When you place an order, we will then automatically send you an e-mail confirming receipt of your order ("order confirmation"). This order confirmation does not constitute an acceptance of your offer, but is only intended to inform you that we have received your order. It also contains detailed information about your order and an order number which you should quote if you have any further questions about the order. If the goods you have requested are not available, we will inform you immediately.

 

A contract of sale will not be formed until we confirm dispatch of the product to you within 2 days by sending you a second email ("Dispatch Confirmation"). If your order is sent in more than one package, you may receive a separate Dispatch Confirmation for each package. In this case, a separate contract of sale will be concluded in respect of each Dispatch Confirmation for the Products listed in the relevant Dispatch Confirmation.

 

The above provision on the conclusion of the contract shall not apply if the payment method "prepayment" is selected. If the payment method "prepayment" is chosen, the contract shall be concluded if we send you a separate "order confirmation" within 2 days in which we expressly accept your offer. The above provision in the case of ordering several products shall apply accordingly in this case, i.e. a separate purchase contract shall be concluded with regard to each order confirmation for the products listed in the respective order confirmation.

 

3. prices and taxes

The prices stated in the shop do not include shipping costs or handling fees. Information on shipping costs and handling fees is available here. These will be displayed before you place your order.

All prices include VAT, which will be shown separately before you place your order.

All prices shown in the shop are subject to change without notice prior to your order.

 

4. payment; reservation of proprietary rights

In principle, the customer can pay the purchase price by bank transfer, direct debit, credit card, Sofortüberweisung, giropay, or PayPal. However, we reserve the right not to offer certain payment methods for each order and to refer to other payment methods.

 

Each delivered product remains the property of Lutzen or - if third parties are the owners of the ordered products - of the respective owner until payment has been made in full.

5 Shipping; Delivery

The delivery of the ordered products will only take place after the purchase price has been credited to our account. As soon as the products ordered by you have been dispatched to you, you will receive a corresponding dispatch confirmation by e-mail.

 

We deliver to addresses in Germany, as well as to addresses within the EU. If a product cannot be delivered due to incorrect or incomplete delivery information on your part, it will be returned to us. In such a case, the product will not be invoiced or any amounts already paid will be refunded to you. However, we reserve the right to charge you shipping costs and, if applicable, handling fees. If a product is not delivered for any other reason, you will not be charged and any payments already made will be refunded.

 

The goods will be dispatched by post. The shipping risk is borne by Lutzen if the customer is a consumer.

 

In the event of a revocation pursuant to § 10 of these Terms and Conditions, you shall bear the direct costs of returning the goods if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed an amount of EUR 50.00 or if, in the event of a higher price of the goods, you have not yet rendered consideration at the time of the revocation. In all other cases, we shall bear the costs of returning the goods.

 

6. storage and inspection of the text of the contract

You can view these General Terms and Conditions of Business on our shop page www.mare-sports.de. You can also print or save this document by using the usual functionality of your internet browser.

 

You can easily archive the data of your order by saving or printing out the order confirmation, which we will send to you by e-mail to the address you have given us after you have completed your order and which once again contains all the data of your order, using your e-mail program.

 

Your order data will be stored by us, but for security reasons cannot be retrieved directly by you. We offer password-protected access for each customer. This allows you to view data about your completed, open and recently shipped orders if you register.

 

7 Warranty

In the event of defects, you are entitled to the statutory warranty rights against Lutzen as the seller, in particular §§ 434 ff. BGB (GERMAN CIVIL CODE). Unless expressly agreed individually, Lutzen does not give any further guarantees of quality or any other assurances. The warranty period for entrepreneurs is 12 months.

 

Please contact the manufacturer of the product regarding any existing manufacturer's warranty.

8 Liability

Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by Lutzen, its legal representatives or vicarious agents. Material contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract. In such cases, Lutzen shall be liable without limitation. Liability under the Product Liability Act remains unaffected.

 

In the event of a breach of material contractual obligations, Lutzen shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless it is a matter of claims for damages by the customer arising from injury to life, body or health.

 

9. notice according to the battery law

Under certain circumstances, the products shipped by us contain batteries. In such cases, we are obliged to inform you of the following:

 

Batteries must not be disposed of in household waste. You can return batteries free of charge after use at the point of sale, in shops or at a municipal collection point. Our take-back obligation as a distributor is limited to batteries of the type that we carry or have carried in our range. As an end user, you are legally obliged to return used batteries. Batteries containing harmful substances are marked with a symbol consisting of a crossed-out dustbin and the chemical designation Cd, Hg or Pb. Cd stands for cadmium, Pb for lead and Hg for mercury.

 

10. cancellation policy

If you order from us as a consumer within the meaning of § 13 BGB (i.e. as a natural person who enters into a legal transaction for purposes which can predominantly be attributed neither to his commercial nor to his independent professional activity), the provisions set out under this heading shall apply in addition to the other conditions.

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the last goods.

 

In order to exercise your right of revocation, you must send us

 

Inh. Hauke Lutzen

Hammeweg 35

27412 Tarmstedt

info@mare-sports.eu

Tel +494283/955066

Mobile +49152/08130003

 

by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract. You can use the attached sample cancellation form (click here to download as a PDF), which is, however, not mandatory. You can also fill out and submit the model withdrawal form or another clear declaration electronically on our website www.mare-sports.de/revocation-form.html. If you make use of this option, you will receive a confirmation of receipt. If you make use of this option, we will send you confirmation of receipt of such revocation without delay (e.g. by e-mail).

 

To comply with the revocation period, it is sufficient for you to send the notification of the exercise of the right of revocation before the expiry of the revocation period.

 

Consequences of the revocation

If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the sooner

 

You must return or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the end of the period of fourteen days. You shall bear the direct costs of returning the goods if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed an amount of EUR 50.00 or if, in the case of a higher price of the goods, you have not yet rendered consideration at the time of the revocation. Otherwise, we shall bear the costs of returning the goods. You will only have to pay for any loss in value of the goods if this loss in value is due to your handling the goods in a way that is not necessary for the inspection of the condition, properties and functioning of the goods.


End of the cancellation policy

 

11. data protection

Lutzen's data protection declaration explains how we handle and protect your personal data when you purchase products via Lutzen's websites. You can find the data protection declaration here.

 

12 Applicable law and jurisdiction

These terms and conditions and any disputes arising out of or in connection with these terms and conditions shall be governed by German law, excluding the UN Convention on Contracts for the International Sale of Goods.

 

For all disputes arising from or in connection with these terms and conditions, the place of jurisdiction for orders of products by merchants shall be Hamburg. Otherwise, the statutory provisions shall apply to all disputes arising from or in connection with these terms and conditions with regard to the place of jurisdiction.

 

13 Changes to these terms and conditions; severability clause

The conditions valid at the time of purchase of a product apply to the corresponding order and the corresponding product. Lutzen reserves the right to change these terms and conditions. Such changes shall not apply retroactively and shall apply to future orders only.

 

If any provision of these terms and conditions is or becomes void, invalid, unenforceable or unenforceable in whole or in part, the validity and enforceability of the remaining provisions of these terms and conditions shall not be affected.