General Terms and Conditions of 3Sports.de:
Only the following General Terms and Conditions as amended at the time of the purchase order apply to the business relation between you and 3Sports.de, of Feilberg Straße 37, 87439 Kempten (3Sports.de). 3Sports.de will not accept any deviating conditions of you unless 3Sports.de has expressly agreed in writing.
3Sports.de is operated by 3Sports.de, of Feilbergstr. 37, 87439 Kempten. If a contract is concluded (see § 3), 3Sports.de shall be your partner to the contract.
Feilberg Straße 37
By your purchase order, you submit a binding offer to conclude a contract, to 3sports.de. The purchase contract is caused by 3sports.de cacepting your purchase offer by the dispatch of the good. The automatic confirmation e-mail after the receipt of the purchase order does not constitute an acceptance by 3sports.de. It only confirms that 3sports.de received your offer to purchase. For cash in advance payment 3sports.de submits the bank account information by e-mail. This e-mail does not constitute an acceptance by 3sports.de.
You are entitled to cancel your offer to conclude a contract within 14 days, with no necessity to state reasons, in text form (e.g. by letter, fax, e-mail), or - if the good is handed over to you before the expiry of the period - by returning the good. This period starts on receipt of these instructions in text form, but not until the receipt of the good by the recipient and not until the performance of our obligations to inform according to Article 246 Paragraph 2 in connection with Paragraph 1 Clause 1 and Clause 2 EGBGB and our obligations according to Paragraph 312e Clause 1 Sentence 1 BGB in connection with Article 246 Paragraph 3 EGBGB. The on-time dispatch of the cancellation or good respectively will do to comply with the period for cancellation. The cancellation has to be addressed to (Address where also court documents can be served to):
In case of a valid cancellation, the bilaterally received performances have to be returned, as are any possible benefits (e.g. interest). If you are not able to return the performance received from 3sports.de at all or not completely or only in a worsened condition, you may have to compensate 3sports.de to this extent. For surrender of goods this shall not apply if the worsening of the good is exclusively based on a check that you would be able to make in a shop, for example. Moreover, you may prevent your obligation to compensate the value by not using the good as an owner would use it and by omitting everything that affects its value.
Goods that can be sent as a parcel have to be returned at our risk. You have to bear the cost of the return, if the good supplied is in conformity with the ordered one and if the price of the returned good does not exceed the amount of 40 EUR or, in case of a higher price, if you have not yet performed the consideration or a contractually agreed part payment at time of the cancellation. Otherwise, the return is free of charge for you. Any goods that cannot be sent as a parcel will be collected at your place, by 3sports.de. Obligations to refund payments have to be fulfilled within 30 days. For you this period starts with the dispatch of the cancellation or good respectively. For us the period starts with the receive of the good.
No such right to cancel exists for you if you are entrepreneur in the sense of section 14, subsection 1 BGB (Civil Code) and you act in the performance of your business or freelance activity.
The right to cancel does not apply in the case of data media with audio or video recording or software, if you have unsealed the data medium.
No right to cancel shall exist for any goods made or assembled especially in accordance with your requirements. Thus, e.g., no right to cancel exists for bicycles assembled especially in accordance with your requirements.
If not otherwise agreed, the delivery will be made to the delivery address you indicated. Any statements about the term of delivery are unbinding unless the date of delivery is stated bindingly in exceptional cases.
In individual cases, 3sports.de offers you that a product not available at this time will be sent to you on a later date, as soon as available (later delivery). You will not pay any further shipping cost or fees for cash on delivery for later deliveries.
3sports.de is not obligated to exchange faultless goods. 3sports.de will normally comply with your request to exchange, as far as it is possible.3sports.de shall be entitled to claim shipping cost for the shipment of the exchanged good. Your right to cancel (compare §4) is not limited or excluded in any way by this provision.
If you are a buyer from Germany you can pay 3sports.de by cash on delivery, PayPal, advance payment or on account. 3sports.de is entitled to refuse electronic direct debiting or payment on account for individual customers or individual orders. We ask our customers from abroad to pay by PayPal or advance payment only.
If paying by advance payment, you will transfer the money directly into our bank account in advance. Please keep in mind that you have to borne bank fees which might be charged with advance payments from abroad. 3sports.de has to receive the total invoice amount.
The purchase price will become due immediately on the conclusion of the contract. In the case of an order per invoice the invoice will contain the due date. If you are delayed with paying, 3sports.de is entitled to charge interest on defaulted payment.
Your personal data, such as, postal code, bank account number, name, and address entered in the scope of the purchase order will be encoded and therefore secured against unauthorized access on the Internet. 3sports.de uses a safe transfer process.
By placing the purchase order, you declare to agree that 3sports.de stores, processes, and uses in the scope of the customer relation your personal data contained in the purchase order.
The entire legal relation between you and 3sports.de is based on the German law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.