Terms of service
GENERAL TERMS AND CONDITIONS WITH CUSTOMER INFORMATION
Table of Contents
- Scope of Application
- Conclusion of the Contract
- Right of Withdrawal
- Prices and Payment Conditions
- Delivery and Shipping Conditions
- Reservation of Proprietary Rights
- Liability for Defects (Warranty)
- Redemption of Promotional Vouchers
- Applicable Law
- Place of Jurisdiction
- Alternative Dispute Resolution
1. Scope of Application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of the TBB Performance GmbH (hereinafter referred to as "Seller"), apply to all contracts for the delivery of goods, which a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods presented by the Seller in his online shop. The inclusion of the Customer's own conditions is hereby objected to, unless otherwise agreed.
1.2 A consumer in the sense of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity.
1.3 An entrepreneur in the sense of these GTC is a natural or legal person or a legally capable partnership, who acts in the exercise of their commercial or independent professional activity when concluding a legal transaction.
1.4 The subject matter of the contract can - depending on the description of the content by the Seller - be either the one-time provision of digital content, or the regular provision of digital content (hereinafter "subscription contract"). In the case of a subscription contract, the Seller undertakes to provide the Customer with the contractually owed digital content for the duration of the agreed contract term at the contractually agreed intervals.
2. Conclusion of Contract
2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer regarding the goods contained in the shopping cart by clicking the button that concludes the ordering process.
2.3 The seller can accept the customer's offer within five days,
by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby in this respect the access of the order confirmation to the customer is decisive, or by delivering the ordered goods to the customer, whereby in this respect the access of the goods to the customer is decisive, or by requesting the customer to make payment after submitting his order. If several of the aforementioned alternatives occur, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The period for accepting the offer begins the day after the customer sends the offer and ends on the expiry of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is considered as a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
2.4 When choosing a payment method offered by PayPal, the payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account – subject to the conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays using a payment method offered by PayPal selectable in the online ordering process, the seller already accepts the customer's offer at the point in time when the customer clicks the button which concludes the ordering process.
2.5 When choosing the payment method "Amazon Payments", payment processing is carried out via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), under the Amazon Payments Europe User Agreement, available at https://payments.amazon.de/help/201751590. If the customer chooses “Amazon Payments” as the payment method during the online ordering process, he also issues a payment order to Amazon by clicking the button that concludes the ordering process. In this case, the seller already accepts the customer's offer at the point in time when the customer triggers the payment process by clicking the button that concludes the ordering process.
2.6 When submitting an offer via the online order form of the seller, the contract text is saved by the seller after the conclusion of the contract and sent to the customer in text form (e.g. email, fax, or letter) after the customer has sent his order. The seller does not make the contract text accessible beyond this. If the customer has set up a user account in the online shop of the seller before sending his order, the order data is archived on the website of the seller and can be accessed by the customer via his password-protected user account by providing the corresponding login data free of charge.
2.7 Before submitting the binding order via the online order form of the seller, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors may be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
2.8 German and English are available for the conclusion of the contract.
2.9 Order processing and contacting usually take place via email and automated order processing. The customer has to ensure that the email address provided by him for order processing is correct, so that the emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller with the order processing can be delivered.
3. Right of Withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller's instructions on withdrawal.
4. Prices and Payment Conditions
4.1 Unless otherwise stated in the Seller's product description, the prices indicated are total prices, which include the statutory value-added tax. Any additional delivery and shipping costs that may arise are specified separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases which the Seller is not responsible for and which are to be borne by the Customer. These include, for example, costs for money transmission by credit institutions (e.g., transfer fees, exchange rate fees) or import law levies or taxes (e.g., customs duties). Such costs may also arise in terms of money transmission if the delivery is not made to a country outside the European Union, but the Customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the Customer in the Seller's online shop.
4.4 If prepayment by bank transfer has been agreed upon, payment is due immediately after conclusion of the contract, unless the parties have agreed upon a later due date.
4.5 When selecting a payment method offered through the payment service "PayPal", the payment processing is carried out via PayPal, whereby PayPal can also use the services of third-party payment service providers. If the Seller also offers payment methods via PayPal, for which he advances payment to the Customer (e.g., purchase on account or installment payment), he assigns his payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the Customer, to that extent. Before accepting the Seller's assignment declaration, PayPal or the payment service provider commissioned by PayPal will carry out a credit check using the transmitted customer data. The Seller reserves the right to refuse the selected payment method to the Customer in the event of a negative examination result. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, he can only make payment to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. The Seller remains responsible for general customer inquiries, e.g. concerning the goods, delivery time, dispatch, returns, complaints, revocation declarations and -sendings, or credits, even in the event of an assignment of claims.
4.6 When selecting the payment method "SOFORT", payment processing is carried out via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the Customer must have an online banking account that has been activated for participation in "SOFORT", authenticate themselves accordingly during the payment process and confirm the payment instruction to "SOFORT". The payment transaction is carried out immediately afterwards by "SOFORT" and the Customer's bank account is debited. Further information on the payment method "SOFORT" can be found on the Internet at https://www.klarna.com/sofort/.
4.7 When selecting a payment method offered via the payment service "Shopify Payments", payment processing is carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments are communicated to the Customer in the Seller's online shop. For the processing of payments, Stripe can use other payment services for which special payment conditions may apply, to which the Customer may be separately informed. Further information on "Shopify Payments" can be found on the Internet at https://www.shopify.com/legal/terms-payments-de.
4.8 When selecting a payment method offered via the payment service "Stripe", payment processing is carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Stripe are communicated to the Customer in the Seller's online shop. For the processing of payments, Stripe can use other payment services for which special payment conditions may apply, to which the Customer may be separately informed. Further information on Stripe can be found on the Internet at https://stripe.com/de.
4.9 When selecting the payment method Purchase on Account, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price is to be paid within 14 (fourteen) days from receipt of the invoice without deduction, unless otherwise agreed. The Seller reserves the right to offer the payment method Purchase on Account only up to a certain order volume and to refuse this payment method in the event that the specified order volume is exceeded. In this case, the Seller will inform the Customer of a corresponding payment restriction in his payment information in the online shop. The Seller also reserves the right to carry out a credit check when selecting the payment method Purchase on Account and to refuse this payment method in the event of a negative credit check.
4.10 When selecting the payment method Credit Card via Stripe, the invoice amount is due immediately upon conclusion of the contract. Payment processing is carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). Stripe reserves the right to carry out a credit check and to refuse this payment method in the event of a negative credit check.
4.11 When selecting a payment method offered via the payment service "Klarna", payment processing is carried out via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information and Klarna's terms and conditions can be found at the following Internet address:
https://www.klarna.com/de/agb/
5. Delivery and Shipping Conditions
5.1 If the seller offers the shipping of the goods, the delivery will be made within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. The delivery address specified in the seller's order processing is decisive for the processing of the transaction.
5.2 If the delivery of the goods fails for reasons attributable to the customer, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of sending the goods if the customer effectively exercises his right of withdrawal. In the case of effective exercise of the right of withdrawal by the customer, the regulation made in the seller's cancellation policy regarding the return costs shall apply.
5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as the seller has handed over the item to the forwarder, the carrier, or the person or institution otherwise designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes to the customer or a person authorized to receive them upon delivery of the goods. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to consumers as soon as the seller has handed over the item to the forwarder, the carrier, or the person or institution otherwise designated to carry out the shipment, if the customer has commissioned the forwarder, the carrier, or the person or institution otherwise designated to carry out the shipment and the seller has not previously named this person or institution to the customer.
5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies in the case that the non-delivery is not the responsibility of the seller and the seller has concluded a specific covering transaction with the supplier with due diligence. The seller will make all reasonable efforts to procure the goods. In the case of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.
5.5 Self-collection is not possible for logistical reasons.
6. Retention of Title
If the seller provides advance performance, he reserves the right to retain ownership of the delivered goods until the owed purchase price has been paid in full.
7. Defect Liability (Warranty)
7.1 Unless otherwise stated in the following regulations, the provisions of statutory defect liability apply. Deviating from this, the following applies to contracts for the delivery of goods:
7.2 If the customer is acting as a business entity,
the seller has the choice of the type of subsequent performance; for new goods, the limitation period for defects is one year from the delivery of the goods; rights and claims due to defects are excluded for used goods; the limitation period does not restart if a replacement delivery is made within the scope of defect liability. 7.3 The above-mentioned liability limitations and shortening of periods do not apply
to the customer's claims for damages and reimbursement of expenses, in the event that the seller has fraudulently concealed the defect, for goods that have been used according to their usual manner of use for a building and have caused its defectiveness, for any existing obligation of the seller to provide updates for digital products, in contracts for the delivery of goods with digital elements. 7.4 In addition, for business entities, the statutory limitation periods for any existing legal recourse claim remain unaffected.
7.5 If the customer is acting as a merchant within the meaning of § 1 HGB, he is subject to the commercial examination and notification obligation according to § 377 HGB. If the customer fails to comply with the notification obligations regulated there, the goods are considered approved.
7.6 If the customer is acting as a consumer, he is asked to report any obvious transport damages to the deliverer and inform the seller. If the customer does not comply, this has no effect on his statutory or contractual defect claims.
8. Redemption of Promotional Vouchers
8.1 Vouchers, which are issued by the seller as part of promotional activities with a specific validity period and which cannot be purchased by the customer (hereinafter referred to as "promotional vouchers"), can only be redeemed in the seller's online shop and only within the specified period.
8.2 Individual products may be excluded from the voucher promotion, provided that a corresponding restriction arises from the content of the promotional voucher.
8.3 Promotional vouchers can only be redeemed before completing the ordering process. A subsequent offsetting is not possible.
8.4 Multiple promotional vouchers can also be redeemed for an order.
8.5 The value of the goods must at least correspond to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
8.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.
8.7 The credit of a promotional voucher will neither be paid out in cash nor accrue interest.
8.8 The promotional voucher will not be refunded if the customer returns the goods paid for with the promotional voucher in whole or in part within the scope of his statutory right of withdrawal.
8.9 The promotional voucher is intended only for use by the person named on it. A transfer of the promotional voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.
9. Applicable Law
The legal relations between the parties are governed by the law of the Federal Republic of Germany, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
10. Jurisdiction
If the customer is a merchant, legal entity under public law, or special fund under public law with its seat in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. If the customer has its seat outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims from the contract can be attributed to the customer's professional or commercial activity. However, in the above cases, the seller is in any case entitled to call the court at the customer's seat.
11. Alternative Dispute Resolution
11.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr This platform serves as a point of contact for the out-of-court resolution of disputes arising from online sales or service contracts involving a consumer.
11.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.