1) Scope

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Sportsbabe GmbH (hereinafter referred to as "Seller") apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter referred to as "Customer") with the Seller with regard to the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 These GTC apply accordingly to contracts for the delivery of vouchers, unless otherwise expressly agreed.

1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor self-employed. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.

 

2) Contractual partner

The purchase contract is concluded with Sportsbabe GmbH, Zwischen den Wegen 60, 75196 Remchingen (DEU). You can contact us as follows:

E-mail: info@sportsbabe-shop.com

www.sportsbabe-shop.com

Managing Director: Salvatore Baccarella

Register entry:

Entry in the commercial register.
Register court: Mannheim Local Court
Registration number: HRB 739698

Sales tax identification number according to §27 a Umsatzsteuergesetz: DE815901615

3) Customer service

You can reach our customer service at the following e-mail address: info@sportsbabe-shop.com

 

 

4) Conclusion of contract

4.1 The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalogue.

4.2 The customer can submit the offer via the online order form integrated in the seller's online shop. In doing so, 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 with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Before conclusion of the contract (i.e. acceptance of your offer by us), there is no entitlement to fulfilment, e.g. delivery of ordered goods. Our online shop is aimed exclusively at consumers. We therefore only accept orders in quantities customary for households.

4.3 The Seller may 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 e-mail), in which case the receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer is decisive, or
- by requesting payment from the customer after the customer has placed the order.
If several of the aforementioned alternatives exist, the contract shall be concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer sends the offer and ends with 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 to be a rejection of the offer with the consequence that the Customer shall no longer be bound by its declaration of intent.
4.4 If a payment method offered by PayPal is selected, the payment shall be processed 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 and conditions 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 terms and 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 by means of a payment method offered by PayPal that can be selected in the online ordering process, the seller already declares acceptance of the customer's offer at the time the customer clicks the button that completes the ordering process.
 

4.5 If the payment method "Amazon Payments" is selected, the payment will be processed via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), subject to the Amazon Payments Europe User Agreement, which can be viewed at https://payments.amazon.de/help/201751590. If the Customer selects "Amazon Payments" as the payment method during the online ordering process, the Customer also issues a payment order to Amazon by clicking the button that completes the ordering process. In this case, the seller already declares acceptance of the customer's offer at the time when the customer triggers the payment process by clicking the button that concludes the order process.

4.6 When an offer is made via the Seller's online order form, the text of the contract will be stored by the Seller after the contract has been concluded and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his order. The Seller shall not make the text of the contract 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 by the customer free of charge via his password-protected user account by providing the relevant login data.

4.7 Before bindingly placing 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 recognition of input errors can 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.

4.9 Order processing and contacting usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

5) Shipping costs

Shipping costs are added to the stated product prices. You can find out more about the shipping costs under item 14 or the Shipping and returns menu item. If the goods are shipped abroad, you will also be responsible for any customs duties as well as export and import fees.

6) Payment

The payment option(s) will be communicated to the customer in the seller's online shop.

When paying via PayPal, you will be redirected to the website of the online provider PayPal for the payment. There you can enter your payment data, confirm the use of your data by PayPal and the payment instruction to PayPal. If you have chosen the PayPal payment method, you must be registered there or register first and legitimise yourself with your access data in order to pay the invoice amount. The payment transaction will be carried out automatically by PayPal immediately after confirmation of the payment instruction.Our prices are Euro prices and include the statutory value added tax.

If prepayment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

If a payment method offered via the payment service "Shopify Payments" is selected, the payment will be processed 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 will be communicated to the customer in the Seller's online shop. For the processing of payments, Stripe may use other payment services, for which special payment conditions may apply, to which the customer may be informed separately. Further information on "Shopify Payments" is available on the Internet at https://www.shopify.com/legal/terms-payments-de.

If the credit card payment method is selected, the invoice amount is due immediately upon conclusion of the contract. The credit card payment method is processed in cooperation with secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.ag) to which the Provider assigns his payment claim. secupay AG collects the invoice amount from the customer's specified credit card account. In the event of assignment, payment can only be made to secupay AG with debt-discharging effect. The credit card shall be debited immediately after the customer's order has been sent in the online shop. Even if the credit card payment method is selected via secupay AG, the provider shall remain responsible for general customer enquiries, e.g. regarding the goods, delivery time, dispatch, returns, complaints, declarations of revocation and - if the customer does not wish to pay by credit card, the provider shall be entitled to charge the credit card amount to the customer's credit card account.

If the credit card payment method via Stripe is selected, the invoice amount is due immediately upon conclusion of the contract. The payment is processed 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.

If the credit card payment method via Wirecard is selected, the payment shall be processed via Wirecard Bank AG, Einsteinring 35, 85609 Aschheim (https://www.wirecardbank.com/) to which the seller assigns his payment claim. Wirecard Bank AG collects the invoice amount from the customer's specified credit card account. In the event of assignment, payment can only be made to Wirecard Bank AG with debt-discharging effect. The credit card shall be charged immediately after the customer's order has been sent via the Seller's online shop. Even if the credit card payment method is selected via Wirecard, the seller shall remain responsible for general customer enquiries, e.g. regarding the goods, delivery time, dispatch, returns, complaints, revocation declarations and deliveries or credit notes. Reference is made to the information provided by Wirecard Bank AG in accordance with Article 13 DSGVO in the context of processing credit card payments at https://www.wirecardbank.de/DSGVO.

If you choose a Klarna payment service, the payment will be processed by Klarna Bank AB (publ) [https://www.klarna.com/de], Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). In order to enable the processing of the payment, your personal data (first name and surname, street, house number, postcode, town, gender, e-mail address, telephone number and IP address) as well as data related to the order (e.g. invoice amount, article, delivery type) will be passed on to Klarna for the purpose of checking your identity and creditworthiness, provided that you have expressly consented to this in accordance with Art. 6 Para. 1 lit. a DSGVO during the ordering process. You can find out which credit agencies your data may be forwarded to here: 

https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/credit_rating_agencies
The credit report may contain probability values (so-called score values). If score values are included in the result of the credit report, they are based on a scientifically recognised mathematical-statistical procedure. The calculation of the score values includes, but is not limited to, address data. Klarna uses the information received about the statistical probability of a payment default for a weighed decision about the establishment, implementation or termination of the contractual relationship.
You can withdraw your consent at any time by sending a message to the data controller or to Klarna. However, Klarna may still be entitled to process your personal data to the extent necessary to process payments in accordance with the contract.
Your personal data will be processed in accordance with the applicable data protection regulations and as specified in Klarna's data protection policy for data subjects located in Germany https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/privacy
or for data subjects based in Austria https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/privacy
will be treated.

Contract-related communication: You agree that contract-related communication may be made in electronic form.

7) Retention of title

If the seller makes advance payment, he shall retain ownership of the delivered goods until the purchase price owed has been paid in full.

 

 

8) Liability for defects (warranty)

8.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
8.2 Notwithstanding the foregoing, the following shall apply to used goods: Claims for defects are excluded if the defect only occurs after the expiry of one year from delivery of the goods. Defects which occur within one year of delivery of the goods may be claimed within the statutory period of limitation. However, the reduction of the period of liability to one year does not apply to
- for items which have been used for a building in accordance with their customary use and have caused its defectiveness,
- to claims for damages and reimbursement of expenses of the customer, as well as
- in the event that the Seller has fraudulently concealed the defect.
15.3 If the customer is acting as a consumer, he is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the seller of this. If the customer fails to do so, this shall have no effect on his statutory or contractual claims for defects, but shall help us to assert our own claims against the carrier or transport insurance.

9) Contract text storage

The order text is not stored by us and can no longer be retrieved after the order process has been completed. However, you can print out your order data immediately after submitting the order.

10) Contract language

The language available for the conclusion of the contract is German.

11) Gift vouchers

11.1 Vouchers that are issued free of charge by the Seller as part of promotions with a specific period of validity and that cannot be purchased by the Customer (hereinafter "Promotion Vouchers") can only be redeemed in the Seller's online shop and only during the specified period.
11.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotion voucher.
11.3 Promotion vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
11.4 Only one promotional voucher can be redeemed per order.
11.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the Seller.
11.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.
11.7 The credit balance of a promotional voucher is neither paid out in cash nor does it earn interest.

11.8 The promotional gift voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotional gift voucher within the scope of his statutory right of withdrawal.
11.9 The gift voucher is not transferable. The Seller may make payment with discharging effect to the respective holder redeeming the Gift Voucher in the Seller's online shop. This shall not apply if the Seller has knowledge or grossly negligent ignorance of the ineligibility, legal incapacity or lack of representative authority of the respective holder.
Vouchers are given to the customer as follows: by email or by Instagram DM

12) Right of return

In addition to the statutory right of withdrawal described above, we grant you a right of return for a total of 14 days from receipt of the goods. You can withdraw from the contract within the 14-day revocation period by returning the goods to us, provided the goods are complete and in their original packaging and are in an unused and undamaged condition and the goods are not specially made to customer specifications or clearly tailored to personal needs. In addition, the clothing label should be present. Timely dispatch is sufficient to meet the deadline.

To return the goods, please fill out our return form at the following address: https://www.sportsbabe-shop.com/a/returns.

The goods must be returned to:

Sportsbabe GmbH
Between the paths 69
D-75196 Remchingen

The contractually granted right of return does not affect your statutory rights and claims. In particular, your statutory right of revocation and your statutory warranty rights remain unrestricted.

 

The return costs are to be borne by the customer and will not be covered by us. If the true order value after the return is less than 99€, we reserve the right to deduct the free shipping from the refund amount. You can find more information under the menu item "Returns & Complaints".

The prerequisite for a return or refund is therefore, in addition to compliance with the 14-day return period:

The product must be unused and unworn.
The product must be in its original condition and in its original packaging.
Clothing must have the original labels attached.
Accessories must have all parts of the original packaging.
Free gifts or promotional items are not returnable!

 

13) Delivery

 

13.1 Deliveries are only possible within the European Union. The delivery of articles shall only take place in quantities customary for households and only to end consumers.

13.2 The delivery of goods shall be made by dispatch to the delivery address provided by the customer, unless otherwise agreed. The delivery address specified in the Seller's order processing shall be decisive in the processing of the transaction.

13.3 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 for the return shipment if the customer effectively exercises his right of withdrawal. In the event of an effective exercise of the right of revocation by the customer, the provisions of the seller's revocation instructions shall apply to the costs of returning the goods.

13.4 Self-collection is not possible for logistical reasons.

 

14) Shipping costs

In addition to the stated product prices, shipping costs must be paid by the customer. For all standard shipments with DHL within Germany, we charge 4.99 euros. 

Shipping costs for Austria: 5,99 Euro.
Shipping costs for other European countries (except Germany and Austria): 5,99 Euro

Shipping costs to Switzerland: 14.99 euros.

 

15) Applicable law

All claims arising from the contractual relationship shall be governed by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods; mandatory consumer protection law applicable at your place of residence shall remain unaffected.

 

Alternative dispute resolution pursuant to Art. 14 (1) ODR Regulation and § 36 VSBG: The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

 

Terms & Conditions 

1) Scope of Application

The terms and conditions apply to all orders via our online shop "www.sportsbabe-shop.com"

2) Informations on the sellers identity

Registered court: Amtsgericht Mannheim
Registration number: HRB 739698
VAT identification number in accordance with §27 a of the Umsatzsteuergesetz (German Value Added Tax Act): DE815901615

Responsible party in the sense of §55 section 2 of the RStV (German Broadcasting Treaty): Alexander Anderer (address as above) & Salvatore Baccarella (Zwischen den Wegen 60, 75196 Remchinen, Germany)

 

 

You can contact our customer service at the following e-mail address: info@sportsbabe-shop.com