Terms and conditions
- General terms and conditions
- Scope of application
- Conclusion of contract
- Returning costs by using the right of revocation
- Prices and term of payment
- Terms of delivery
- Reservation of proprietary rights
- Liability for defects
- Data privacy
- Applicable law
- Customer information
- Information about the seller's identity
- Information about essential characteristics of the goods or services
- Information about the conclusion of contract
- Information about payment and delivery
- Information about technical steps which lead to the conclusion of contract
- Information about the storage of the contract text
- Information about technical possibilities to identify type errors and correct them
- Information about languages which are available for the conclusion of contract
- Information about the code of conduct to which the seller has submitted
A. General terms and conditions
1. Scope of application
These terms and conditions of the Tennis-Point GmbH (named "seller" in the following), are valid for all contracts which the customer concludes with the seller concerning all products and/or services offerd by the seller in the online-shop. We hereby contradict the integration of customers'conditions unless an agreement has been reached to the contrary.
Customers in the sense of point 1.1 are consumers as well as entrepreneurs. A consumer means every natural person who enters into a legal transaction for a purpose that is outside his/her trade, business or profession. In contrary, an entrepreneur means a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of his/her or its trade, business or profession. A partnership with legal personality is a partnership that has the capacity to acquire rights and to incur liabilities.
2. Conclusion of contract
The product presentations in the seller's online shop do not present a binding offer of the seller but serve as the basis of a legally binding buying quotation of the customer.
The customer is able to submit the quote by phone, in written form, by fax, by mail or via the integrated online order form in the online shop. If the customer orders via the order form, he/she places a legally binding buying quotation of the goods lying in the shopping cart after having entered his/her personal data and after having clicked on the button "Send order".
Within 5 days the seller can accept this quotation by a written (letter) or electronic (fax, email) confirmation or by sending the goods. The seller can deny the order.
Regularly, the order process as well as the contacting are done by email and by an automated order process. The customer has to ensure that the entered email address is correct so that he/she can receive emails which are sent by the seller. Especially by using SPAM filters, the customer has to ensure that he/she receives all emails which are sent to execute the buying process.
3. Returning costs by using the right of revocation
If a customer, who does not order from Germany, has a right of revocation, the regular costs of a return will arise by using the right of revocation. This is valid if the price of the returning goods does not exceed 40 euros. In case of a higher price it is valid if the customer has not paid the goods or has not done an instalment at the moment of the revocation unless the delivered goods do not correspond to the ordered ones. In all other cases, the seller bears the costs of the return.
4.Prices and term of payment
The indicated prices are endprices, i.e. they contain all price components including the legal German VAT. If additional delivery costs arise, they will be indicated separately in the product presentation.
The following payment methods are possible for deliveries within Germany (unless nothing else is mentioned in the product presentation):
- Cash in advance via
- Bank transfer
- Credit card (Visa, Mastercard)
- Delivery on account
If a delivery to a foreign country is offered, the customer can use the following payment methods (unless nothing else is mentioned in the product presentation):
- Cash in advance via
- Bank transfer
- Credit card (Visa, Mastercard)
Possibly, additional costs can arise for deliveries out of the EU e.g. further taxes and/or charges (customs duties).
If cash in advance is chosen, the payment is immediately due after the conclusion of contract.
If delivery on account is chosen, payment is due after having invoiced and sent the goods. In this case the purchase price has to be paid net within 10 (ten) days after having received the invoice unless nothing else is agreed. The seller is entitled to make a credit check if the customer chooses delivery on account. If the check is negative, the seller can deny the payment method.
If payment by credit card is chosen, the customer's credit card account is debited after the completion of the order.
If the customer picks up the goods himself/herself, the seller informs the customer by email that the ordered goods are ready for pickup. After having received this email the customer can pick up the goods. In this case no delivery charges arise.
The customer is only entitled to do an offsetting if the counterclaim is uncontended, noticed as legally binding or accepted by the seller.
The customer can only make use of his/her right of lien if claims of the same contract are involved.
5. Terms of delivery
Delivery takes place on the dispatch route and to the shipping address which is indicated by the customer. For the successful execution of the transaction only the indicated shipping address is relevant. Only if the payment method PayPal is chosen, the shipping address indicated in PayPal is relevant.
If a shipment to the customer is not possible, the ordered transport company will send the goods back to the seller. In this case the customer has to bear the costs. This is not valid if the customer is temporary prevented for the acceptance of the goods unless the seller has informed the customer early enough about the delivery date or the customer makes use of his/her right of revocation.
Generally, at the moment when the customer receives the goods, the risk of accidental destruction or accidental deterioration of the purchased products passes to the customer or to the person authorised to take delivery. If the customer is a company (acting according to its commercial or self-employed activity; § 14 BGB (German Civil Code)), the risk of accidental destruction or accidental deterioration passes to an appropriate transport person.
For entrepreneurs all agreed shipping periods are applicable, subject to correct and punctual shipment for situations in which the seller has closed a concrete hedging transaction and is not responsible for the absence of goods.
6. Reservation of proprietary rights
Delivered products belong to the seller until he receives the payment of the products.
7. Liability for defects
If a defect exists, legal regulations are applicable.Deviating from this the following points for entrepreneurs are valid:
- An inessential defect cannot be used for a claim for defects.
- The seller decides about the mode of cure.
- The statute of limitation for new products is one year after the passing of risk.
- For used goods the rights and claims for defects are generally excluded.
- The statute of limitation does not begin again for replacements in the context of liability for defects.
For consumers the statute of limitation for claims for defects is
- two years for new products beginning from the sending of the products to the customer.
- one year for used products geginning from the sending of the products to the customer with reservation of point 7.3.
The liability and statute of limitation restrictions for entrepreneurs and consumers mentioned in 7.1 and 7.2 do not refer to damage or reimbursement of expenses which the customer can claim according to legal rights (see point 8).
In addition, the legal statute of limitation for entrepreneurs will remain unaffected according to § 478 BGB (German Civil Code). The same is valid for entrepreneurs and consumers in case of deliberate neglect of duty and of fraudulent concealment of a defect.
If the customer is a merchant according to § 1 HGB (German Commercial Code), he/she is subject to the commercial inspecting and auditing duty according to § 377 HGB. If the customer fails to do the obligation of disclosure mentioned there, the goods are classified as accepted.
If the customer is a consumer, we ask him/her to claim goods having transport damages and to inform the seller of the damage. If the customer does not claim, his/her behaviour does not have any consequences on the legal or contractual claims for defects.
If the cure has been done in the context of a replacement, the customer has to send the firstly received goods back to the seller within 100 days. The seller bears the costs. The return of the damaged goods has to be done according to the legal regulations.
For every legal reason the seller is fully liable for violation of life, body or health and for deliberate action or gross negligence, for fraud and warranty guarantees and if the liability is done according to legal regulations (e.g. product liability law).
Besides, the seller is liable in the following aspects for whatever legal reason:
If the seller has negligently violated a contractual duty (cardinal obligation), the duty of replacement for material damages is limited to predictable average damages. A cardinal obligation is an obligation which the contract imposes on the seller to realize the purpose of the contract, its realization enables the proper execution of the contract. The customer can always rely on its compliance.
If the seller has negligently violated an unessential contractual duty, the duty of replacement is limited to the contract value.
9. Data privacy
You will find detailed information in the topic Privacy and data protection
10. Applicable law
For all legal relationships of the parties involved the German law is applicable under exclusion of laws of international purchases of moveable goods.
If the customer is a merchant, a corporate body under public law or legal public fund assets, the only place of jurisdiction is the registered office of the seller for all litigations arising from this contract. This applies also if the customer does not have a general place of juristication in Germany or in the EU or in the case if the place of residence or the habitual residence is not known at the time of the commencement of proceedings. The permission to take legal action at another legal place of jurisdication remains unaffected.
The contract language is German.
B. Customer information
1. Information about the seller's identity
Tel.: +49 5245 / 8353 - 200
Fax: +49 5245 / 8353 - 499
Register court: District court Gütersloh (Germany)
Register number: HR B 9528
CEOs: Christian Miele, Thomas Welle
Tax ID number according to § 27a Value Added Tax Act:
Tennis-Point is member of the bvh association.
2. Information about essential characteristics of the goods or services
The essential characteristics of the goods or services can be seen in the appropriate product presentations.
3. Information about the conclusion of contract
The conclusion of contract is done according to point 2 of the general terms and conditions of the seller (see above).
4. Information about payment and delivery
Payment is done according to point 4, delivery takes place according to point 5 of the general terms and conditions of the seller (see above).
5. Information about technical steps which lead to the conclusion of contractThe conclusion of contract happens via offer and acceptance.
If the customer uses the online order form of the seller for his/her order, he/she places the offer as follows:
At first, the customer clicks on the button "Add to shopping cart". Automatically, a site layer arises showing the content of the cart.
Directly or after having added more goods to the cart, the customer now clicks on the button "Checkout". Now the cart opens. Then, the customer clicks on "Order now". If the customer is logged in but was not registered, a new site opens. On this site the customer can register and open a customer account; the customer can register for a guest order or log in if he/she is already registered as a customer. If the customer is already registered, he/she fills out the fields "Your email address" and "Your password". Then, he/she clicks on the button "Login". If the customer is not registered, he/she clicks on the button "Continue". Then, the customer chooses whether he/she wants to open a customer account or to make a guest order. Afterwards, he/she fills out the form and clicks on the button "Continue".
Then, a new site opens on which the customer can choose his/her payment method. In addition, the customer checks the general terms and conditions which are generally confirmed by a check mark in "I accept the data protection regulations and general terms and conditions and confirm to have read the following cancellation policy".
By clicking on the button "Continue" the customer reaches the site which shows the invoice and shipping address. The customer can modify the addresses or add further addresses.
Directly or after having modified or added new addresses, the customer clicks on the button "Complete order". A new site opens which summarizes the details of the order.
The acceptance of the seller is done according to point 2.3 of the general terms and conditions of the seller (see above).
6. Information about the storage of the contract text
The contract text is stored by the seller. The customer gets this text together with the general terms and conditions and the customer information after having sent his/her order. The customer gets it in text form (e. g. email, fax or letter). Additionally, the contract text is archived on the seller's webpage. The customer can access it freely via his/her password-protected customer account by entering the login data. This is only valid if the customer has created a customer account before the order.
7. Information about technical possibilities to identify type errors and correct them
The customer can regularly correct his/her data via the usual keyboard and mouse functions before the mandatory sending of the order. Furthermore, all entries are shown in a confirmation field before the mandatory sending of the order. In this field, they can be modified via the usual keyboard and mouse functions.
8. Information about languages which are available for the conclusion of contract
Only the German language is available for the conclusion of contract.
9. Information about the code of conduct to which the seller has submitted
The seller has not submitted to any code of conduct.