GENERAL TERMS AND CONDITIONS
General terms and conditions with customer information
Table of contents
1. Scope
2. Conclusion of contract
3. Right of withdrawal
4. Prices and payment conditions
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects (warranty)
8. Special conditions for the processing of goods according to specific customer specifications
9. Exclusion of the right of withdrawal for consumers
10. Applicable law
11. Place of jurisdiction
12. Alternative dispute resolution
1) Scope
1.1 These general terms and conditions (hereinafter "GTC") of Zenturion Golf UG (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with regard to the goods presented by the Seller in his online shop. The inclusion of the customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 These terms and conditions apply accordingly to contracts for the delivery of vouchers, unless expressly agreed otherwise.
1.3 A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that can predominantly not be attributed to their commercial or independent professional activity. An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
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 using the online order form integrated in the seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contract offer in relation to the goods contained in the shopping cart by clicking on the button that concludes the ordering process. The customer can also submit the offer to the seller by telephone, fax, email, post or online contact form.
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 (email), whereby the receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
- by requesting payment from the customer after placing the order.
If several of the aforementioned alternatives apply, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer 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 shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
2.4 If a payment method offered by PayPal is selected, payment processing will be 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, which can be viewed 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, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected in the online ordering process, the seller hereby declares acceptance of the customer's offer at the time the customer clicks the button that completes the ordering process.
2.5 When submitting an offer via the seller's online order form, the contract text is saved by the seller after the contract has been concluded and sent to the customer in text form (e.g. email or letter) after the order has been sent. The seller will not make the contract text accessible beyond this. If the customer has set up a user account in the seller's online shop before sending his order, the order data will be archived on the seller's website and can be accessed free of charge by the customer via his password-protected user account by entering the relevant login data.
2.6 Before bindingly submitting the order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the browser's zoom function, which helps to enlarge the display on the screen. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that completes the ordering process.
2.7 Only German and English are available for the conclusion of the contract.
2.8 Order processing and contact are usually carried out by email and automated order processing. The customer must ensure that the email address he provides for order processing is correct so that 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 to process the order 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 cancellation policy.
3.3 The right of withdrawal does not apply to consumers who, at the time the contract is concluded, are not members of a member state of the European Union and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.
Cancellation policy
A. Cancellation policy
Introduction
Consumers have a right of cancellation in accordance with the following provisions, whereby a consumer is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity:
Right of cancellation
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the last goods.
To exercise your right of cancellation, contact: Zenturion Golf UG, Uwe Gellert, Ahornstr. 6, 84556 Kastl, Germany, Tel.: +49(0)15111055511, E-Mail: info@zenturiongolf.com, by means of a clear statement (e.g. a letter sent by post or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory.
To meet the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of withdrawal
If you withdraw from this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period.
You will bear the direct cost of returning the goods.
You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.
Exclusion or premature expiry of the right of withdrawal
The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for whose production an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
General information
1) Please avoid damaging or contamination of the goods. Please send the goods back to us in their original packaging with all accessories and all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please ensure that you have sufficient protection against transport damage by using suitable packaging.
2) Please do not send the goods back to us freight collect.
3) Please note that the above points 1-2 are not a prerequisite for the effective exercise of the right of withdrawal.
If you want to cancel the contract, write a message to info@zenturiongolf.com and send it back to the following address:
Zenturion Golf UG
Returns
Ahornstr. 6
84556 Kastl
Germany
4) Prices and payment terms
4.1 Unless otherwise stated in the seller's product description, the prices stated are total prices that include the statutory German sales tax of 19%. Any additional delivery and shipping costs are stated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also arise in relation to the transfer of money 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.
The payment option(s) is/are
5) Delivery and shipping conditions
5.1 The delivery of goods takes place by shipping to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive. In deviation from this, if the PayPal payment method is selected, the delivery address stored by the customer with PayPal at the time of payment is decisive.
5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs of sending the goods if the customer effectively exercises his right of withdrawal. If the customer effectively exercises his right of withdrawal, the provisions in the seller's cancellation policy apply to the return costs.
5.3 In the case of self-collection, the seller first informs the customer by email that the goods ordered by him are ready for collection. After receiving this email, the customer can collect the goods from the seller's headquarters after consultation with the seller. In this case, no shipping costs will be charged.
5.4 Return costs in the event of a cancellation or a complaint
Return costs in the event of cancellation: In the event of a cancellation, you bear the direct costs of returning the goods. This applies to both national and international returns.
Return costs in the event of a complaint: In the event of a justified complaint, i.e. if the delivered goods are defective, you also bear the direct costs of returning the goods, regardless of whether the return is national or international.
6) Retention of title
If the seller makes advance payments, he retains ownership of the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
7.1 If the purchased item is defective, the provisions of the statutory liability for defects apply.
7.2 The customer is requested to complain to the deliverer about goods that have been delivered and that have obvious transport damage and to inform the seller of this. If the customer does not do so, this will have no effect on his legal or contractual claims for defects.
8) Special conditions for the processing of goods according to specific customer specifications
8.1 If, according to the content of the contract, the seller is obliged to process the goods according to specific customer specifications in addition to delivering the goods, the customer must provide the seller with all content required for processing, such as texts, images or graphics, in the file formats, formatting, image and file sizes specified by the seller and grant him the necessary rights of use for this purpose. The customer is solely responsible for the procurement and acquisition of rights to this content. The customer declares and assumes responsibility for having the right to use the content provided to the seller. In particular, he shall ensure that no third-party rights are violated, in particular copyright, trademark and personal rights.
8.2 The customer shall indemnify the seller against claims by third parties that they may assert against the seller in connection with a violation of their rights through the contractual use of the customer's content by the seller. The customer shall also bear the reasonable costs of the necessary legal defense, including all court and attorney fees at the statutory rate. This shall not apply if the customer is not responsible for the violation of rights. In the event of a claim by third parties, the customer is obliged to provide the seller with all information that is necessary for examining the claims and for a defense without delay, truthfully and completely.
8.3 The seller reserves the right to refuse processing orders if the content provided by the customer violates legal or official prohibitions or violates common decency. This applies in particular to the provision of content that is unconstitutional, racist, xenophobic, discriminatory, offensive, harmful to young people and/or glorifies violence.
9) Exclusion of the right of withdrawal for consumers
There is no right of withdrawal for consumers for contracts for the delivery of goods that are not prefabricated and for whose production an individual selection or determination by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer.
10) Applicable law
The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international sale 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.
11) Place of jurisdiction
If the customer acts as a merchant, legal entity under public law or special fund under public law with its registered office 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 is based 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 arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is in any case entitled to appeal to the court at the customer's place of business.
12) Alternative dispute resolution
12.1 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 contact point for the out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved.
12.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.