General terms and conditions
GeneralThe following General Terms and Conditions apply to all contracts, deliveries, and other services. We expressly object to any deviating provisions of the contractual partner. All subsidiary agreements require our written confirmation. Dax-Sport Berlin is entitled to amend or supplement these General Terms and Conditions, including all possible appendices, with reasonable notice. Previously received orders will be processed in accordance with the then-valid old General Terms and Conditions.
Our offers are non-binding. Minor deviations and technical changes from our illustrations or descriptions are possible, provided that the changes or deviations are reasonable for the other contracting party, taking into account the interests of Dax-Sport Berlin. The respective catalog loses its validity with the publication of a new edition.
Delivery and payment
The delivery and payment conditions of Dax-Sport Berlin are specified in the order form. There is no minimum order quantity. All our prices include the statutory value-added tax currently at 19%. We reserve the right to make partial deliveries if this is advantageous for prompt processing. Special shipping forms requested by our customers are charged with the usual surcharge.
Goods that are in stock will be shipped within 3 days. If the goods are not in stock at the time of ordering, we will endeavor to deliver them as quickly as possible. If the non-compliance with a delivery or performance deadline is due to force majeure, labor disputes, unforeseeable obstacles, or other circumstances beyond our control, the deadline will be extended appropriately. If the delivery deadline is not met for reasons other than those mentioned above, the buyer is entitled to set a reasonable deadline in writing with a threat of rejection and, after its unsuccessful expiry, to withdraw from the contract with regard to the delivery or performance specified in the contract. If the impossibility of delivery is due to the inability of the manufacturer or our supplier, we and the buyer can withdraw from the contract if the agreed delivery date has been exceeded by more than 2 months. Claims for damages due to delay or impossibility or non-fulfillment, including those that have arisen up to the withdrawal from the contract, are excluded, unless a legal representative of Dax-Sport Berlin has acted with intent or gross negligence. This does not apply to damages resulting from the injury to life, body, or health caused by negligent breach of duty by a legal representative of Dax-Sport Berlin.
Right of Withdrawal
If the buyer is a consumer, they have the right of withdrawal. The right of withdrawal does not apply to contracts concluded between companies or self-employed persons within the scope of their professional activity and Dax-Sport Berlin. The received goods can be returned without stating reasons by returning them within two weeks of receipt of the goods and receipt of the withdrawal notice. The deadline starts at the earliest with the receipt of the goods and the receipt of the withdrawal notice. Under the new Consumer Rights Directive, withdrawal must be clearly stated in writing, for example by letter, email, or fax, with a request for withdrawal. Withdrawal can also be made by phone in the future. Refusal to accept delivery is not sufficient as withdrawal. Only in the case of goods that cannot be shipped as a package, can withdrawal also be declared by a written request for return, for example by letter, fax, or email. To meet the deadline, timely dispatch of the withdrawal and the goods or the request for return is sufficient. The buyer bears the costs of returning the goods in accordance with the EU Directive 2011/83/EU. If the buyer withdraws, the shipping costs of the initial delivery will be refunded. However, this only applies to standard shipping. For express delivery, the consumer bears the additional costs. The buyer shall only be liable for any loss of value of the goods if such loss of value is due to handling of the goods that is not necessary to test their condition, properties, and functionality. The return or request for return must be sent to:
Dax - Sport Berlin Andreas Polle Wörlitzer Straße 1a, 12689 Berlin
Dax-Sport Berlin guarantees that the sold goods are free from material and manufacturing defects at the time of transfer of risk and have the contractually agreed properties. Upon receipt, the customer must immediately examine the goods for defects and condition. In the case of visible defects, companies or self-employed persons who have purchased products from Dax-Sport Berlin within the scope of their professional activity must report them in writing within 8 days of receipt of the goods. Otherwise, the warranty for these defects is void. The warranty period is 6 months for contracts concluded between companies or self-employed persons within the scope of their professional activity with Dax-Sport Berlin, and 2 years for consumers. For complaints, the date of purchase must be proven with an invoice. The claimed article must be sent together with a copy of the invoice. The warranty does not apply to normal wear and tear or wear. The warranty expires if the customer modifies the delivered goods.
Retention of Title
The goods remain the property of Dax-Sport Berlin until full payment has been made.
In accordance with §28 of the Federal Data Protection Act (BDSG), we would like to draw your attention to the fact that the data necessary for the transaction will be processed and stored using an electronic data processing system in accordance with §33 (BDSG). Personal data will of course be treated confidentially.
EU Commission's Online Dispute Resolution Platform Link
To the EU Commission's online dispute resolution platform: http://ec.europa.eu/consumers/odr.