Terms and Conditions
General Terms and Conditions
I. General Provisions
1. Scope
The following General Terms and Conditions (GTC) apply to all orders placed through our online shop by consumers and businesses.
For Germany: Consumers are, according to § 13 BGB, any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.
For Austria: In the following terms, "consumer" refers to the "Konsument" within the meaning of the Consumer Protection Act (KSchG).
For Switzerland: In the following terms, "consumer" refers to the "Konsument" under Swiss law.
A business (entrepreneur) 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.
For businesses: If the business uses conflicting or supplementary General Terms and Conditions, their validity is hereby rejected; they will only become part of the contract if we have expressly agreed to them.
2. Contracting Party, Conclusion of Contract, Correction Options
The purchase contract is concluded with Sport Depot GmbH.
The presentation of products in the online shop does not constitute a legally binding offer, but rather a non-binding online catalog. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained in the order process. By clicking the order button, you submit a binding offer for the products contained in the shopping cart. The confirmation of receipt of your order will be sent by e-mail immediately after the order has been placed.
We accept your offer within two days by
- sending an acceptance declaration in a separate e-mail or
- the payment transaction being carried out by our service provider or the selected payment service provider, if applicable. The timing of the payment transaction depends on the payment method selected (see under "Payment").
The alternative relevant to you depends on which of the listed events occurs first.
3. Contract language, Storage of Contract Text
The language(s) available for concluding the contract: German
We store the contract text and send you the order data and our General Terms and Conditions in text form. You can view the contract text in your customer login.
4. Subject Matter of the Contract
4.1 Product Description
Reference is made to the validity of the respective product description as an essential part of the contract.
4.2 Product Images
Without prejudice to your statutory warranty rights, we would like to draw your attention to the following special features. In case of uncertainties, please contact us:
Due to individual screen configurations (e.g., resolution and brightness), slight deviations between the displayed and actual product colors are possible.
4.3 Right of Use
The sketches, drafts, preliminary products, etc. created by us for the fulfillment of the order are legally protected. We grant you a simple, non-exclusive right to use them for the purpose of fulfilling the order to the extent contractually agreed.
5. Requirements and Handling of Customer Content
5.1 Requirements
If the fulfillment of the order requires you to transmit content (e.g., texts, data, files) to us, the technical possibilities and any applicable requirements are governed by the respective product description.
You are solely responsible for the content, including its legality and accuracy, of the content you transmit. We do not carry out any editorial content review before executing the order.
5.2 Compliance with Applicable Law
The content and the products to be created from it must always comply with the applicable legal provisions. In particular, they must not infringe upon the rights and claims of third parties (especially copyrights, trademark rights, or other intellectual property rights) and must not contain or serve purposes glorifying violence, discriminating, racist, xenophobic, or other immoral or unconstitutional content.
5.3 Indemnification
You indemnify us from third-party claims that may be asserted against us in connection with an infringement of their rights through our contractual use. You also bear the necessary costs of legal defense, including all court and attorney fees at the statutory rate. The indemnification does not apply if you are not responsible for the infringement. You are obligated to provide us with all information necessary for the examination of claims and defense immediately, truthfully, and completely in the event of a third-party claim.
5.4 Right to Withdraw
We reserve the right to reject the order or withdraw from the contract if the content provided by you for this purpose violates legal or official prohibitions or good morals, or if there is a justified suspicion thereof. This applies in particular to the provision of unconstitutional, racist, xenophobic, discriminatory, insulting, harmful to minors, and/or glorifying violence content.
6. Delivery Conditions
6.1 Delivery Options
We ship the products to the delivery address specified in the order process.
You generally have the option to pick up your order at Sport Depot GmbH, Harkortstraße 12, 40880 Ratingen, Germany during the business hours specified below: If you placed your order with the shipping method "Warehouse Pickup", we will inform you by e-mail that your order is ready for pickup. Pickup is possible from Monday to Friday from 10:00 AM to 5:00 PM, except on public holidays.
6.2 Delivery by forwarding agent
Appointment scheduling
For deliveries by forwarding agent, the forwarding company commissioned by us will contact you to arrange a delivery date.
Delivery location
The delivery of the goods is limited to the transport and unloading of the goods at the first public curb of the agreed delivery address. The delivery does not include delivery to specific premises or the assembly and/or installation of the ordered goods, unless expressly agreed otherwise.
Cooperation of the recipient
The unloading and, if necessary, the subsequent transport of the goods to the agreed delivery location are carried out jointly by the forwarding agent's driver and the recipient. Information on packaging dimensions can be found in the offers.
For merchants, the following applies: Notwithstanding the preceding sentence, the recipient is responsible for the unloading and any necessary subsequent transport of the goods to the agreed delivery location..
7. Payment methods
The following payment methods are generally available in our shop.
Advance payment
If you choose the advance payment method, we will provide you with our bank details in a separate email and deliver the goods after receipt of payment.
SEPA direct debit
By placing the order, you grant us a SEPA direct debit mandate. We will inform you of the date of the account debit at least one banking day in advance (so-called pre-notification). A banking day is any working day except Saturdays, national public holidays, and December 24 and 31 of each year. The account will be debited before the goods are shipped.
PayPal
In cooperation with the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), we offer you the following payment options as PayPal Services. Unless otherwise specified below, payment via PayPal does not require registration with PayPal. Further information can be found under the respective payment option and in the order process.
PayPal
To pay the invoice amount via the PayPal payment option, you must be registered with PayPal, legitimize yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after placing the order.
PayPal may offer additional payment methods in the customer account to registered PayPal customers selected according to its own criteria. However, we have no influence on the offering of these modalities; further individually offered payment modalities concern your legal relationship with PayPal. Further information can be found in your PayPal account.
Credit card via PayPal
Your card will be charged by PayPal after the goods have been dispatched.
Direct debit via PayPal
Payment by direct debit via PayPal requires an address and creditworthiness check and is made directly to PayPal. By confirming the payment instruction, you grant PayPal a direct debit mandate. PayPal will inform you of the date of the account debit (so-called pre-notification). The account will be debited before the goods are dispatched.
Sofort by Klarna
To pay the invoice amount via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, you must have a bank account enabled for online banking, legitimize yourself accordingly, and confirm the payment instruction. Your account will be debited immediately after the order is placed. Further information can be found in the order process.
Klarna
In cooperation with the payment service provider Klarna Bank AB (publ.) ("Klarna"), we offer you the following payment options. Payment via Klarna is only available to consumers. Unless otherwise specified below, payment via Klarna requires a successful address and creditworthiness check and is made directly to Klarna. Further information can be found under the respective payment option and in the order process.
Klarna Direct Debit
You grant Klarna a SEPA direct debit mandate. Klarna will inform you of the date of the account debit (so-called pre-notification). The account will be debited after the goods have been dispatched.
Invoice
The invoice amount is due 30 days after receipt of the invoice and the goods, by transfer to the bank account specified in the invoice. We reserve the right to offer purchase on account only after a successful credit check.
8. Right of withdrawal
Consumers have the statutory right of withdrawal as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal.
9. Retention of title
The product remains our property until full payment.
For customers based in Switzerland, we are entitled to make a corresponding entry in the retention of title register.
For entrepreneurs, the following also applies: We reserve ownership of the product until all claims arising from an ongoing business relationship have been paid in full. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from this resale - regardless of a connection or mixing of the reserved goods with a new item - up to the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations. We will release the securities due to us at your request to the extent that the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.
10. Transport damage
For entrepreneurs, the risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the goods to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment.
11. Warranty and Guarantees
11.1 Defect Liability Law
For consumers based in Germany and Austria:
The statutory liability for defects applies.
For consumers based in Switzerland:
As soon as it is feasible in the ordinary course of business, you must examine the condition of the received item and, if defects appear for which the seller is liable, notify the seller immediately. If the consumer fails to do so, the purchased item is deemed approved, unless it concerns defects that were not recognizable during a customary inspection. If such defects appear later, notification must be made immediately after discovery, failing which the item will also be deemed approved with regard to these defects.
Please return the defective product to us with a description of the defect. You bear the applicable transport costs. We provide warranty by remedying defects. This is done, at our discretion, either by removing the defect (repair) or by delivering a defect-free item (replacement delivery). If the subsequent performance fails, you are entitled to withdraw from the contract. This does not apply in the case of minor defects. A right to price reduction is excluded.
For entrepreneurs and merchants:
Unless expressly agreed otherwise below, the statutory liability for defects applies.
The following limitations and reductions of deadlines do not apply to claims for damages caused by us, our legal representatives or vicarious agents
• in case of injury to life, body or health
• in case of intentional or grossly negligent breach of duty as well as malice
• in case of breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the compliance with which the contractual partner may regularly rely (cardinal obligations)
• within the scope of a guarantee promise, if agreed, or
• insofar as the scope of the Product Liability Act is applicable.
Limitations for entrepreneurs
For entrepreneurs, only our own statements and the manufacturer's product descriptions included in the contract are considered an agreement on the quality of the goods; we do not assume any liability for public statements made by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The preceding sentence does not apply to an item that has been used for a building in accordance with its usual use and has caused its defectiveness. The sale of used goods is made without any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.
Notice to merchants
Among merchants, the duty to examine and give notice of defects regulated in § 377 HGB applies. If you fail to give the notice regulated therein, the goods are deemed approved, unless it is a defect that was not recognizable during the examination. This does not apply if we have fraudulently concealed a defect.
11.2 Guarantees and Customer Service
Information on any additional guarantees and their precise conditions can be found with the product and on special information pages in the online shop.
Customer service: You can reach our customer service for questions, complaints and grievances Monday to Friday from 8 AM to 4 PM by phone at +49 1746900946 and by email at b2b@sportdepotgmbh.com
12. Liability
For claims arising from damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation
- in case of injury to life, body or health,
- in case of intentional or grossly negligent breach of duty,
- in case of guarantee promises, if agreed, or
- insofar as the scope of the Product Liability Act is applicable.
In case of breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the compliance with which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, liability is limited in amount to the foreseeable damage typical for the contract at the time of conclusion of the contract.
Otherwise, claims for damages are excluded.
13. Dispute Resolution
The European Commission provides a platform for online dispute resolution (ODR), which you can find here.
Important note: The online dispute resolution (ODR) platform will be permanently discontinued on 20.7.2025. The submission of complaints on the ODR platform will therefore already cease on 20.3.2025. We are not obliged and not willing to participate in dispute resolution proceedings before a consumer arbitration board.
14. Final Provisions
If you are an entrepreneur, German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relations between us and you is our registered office.