TERMS AND CONDITIONS
1. Scope of application
The following general terms and conditions apply to all orders via our online shop by consumers and entrepreneurs.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity can be attributed. Entrepreneur is a natural or legal person or a partnership with legal capacity, which acts in exercise of its commercial or independent professional activity when concluding a legal transaction.
In relation to entrepreneurs, these General Terms and Conditions shall also apply to future business relations without us having to refer to them again. If the entrepreneur uses conflicting or supplementary General Terms and Conditions of Business, their validity is hereby contradicted; they shall only become part of the contract if we have expressly agreed to them.
2. Contracting party, conclusion of contract
The purchase contract is concluded with Petchdam Fightgear.
By placing the products in the online shop we make a binding offer to conclude a contract for these articles. You can place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking the order button. Immediately after sending the order you will receive another confirmation by e-mail.
3. Contract Language
The languages available for the conclusion of the contract are German and English.
We save the contract text and send you the order data and our general terms and conditions by e-mail. You can view the contract text in our customer login.
4. Terms of delivery
Shipping costs are added to the stated product prices. You can find out more about the amount of the shipping costs in the offers.
We only deliver by dispatch. Unfortunately it is not possible to collect the goods yourself.
5. Payment
In our shop the following payment methods are basically available to you:
Prepayment
If you choose the payment method prepayment, we will give you our bank details in a separate e-mail and deliver the goods after receipt of payment.
PayPal
During the ordering process you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or register first, authenticate with your access data and confirm the payment order to us. After placing the order in the shop, we will ask PayPal to initiate the payment transaction.
The payment transaction will be carried out automatically by PayPal immediately afterwards. You will receive further instructions during the ordering process.
6. Retention of title
The goods remain our property until full payment has been received.
For entrepreneurs the following applies additionally: We reserve the right of ownership of the goods until all claims from an ongoing business relationship have been settled 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 – irrespective of any combination or mixing of the reserved goods with a new item – in the amount of the invoice amount, and we accept this assignment. You shall remain entitled to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations.
7. Damage in transit
For consumers:
If goods with obvious transport damages are delivered, please complain about such defects as soon as possible to the deliverer and contact us immediately. Failure to make a complaint or contact us will have no consequences for your legal claims and their enforcement, especially your warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurance.
For entrepreneurs:
The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. Among merchants, the duty to examine and to give notice of defects regulated in § 377 HGB (German Commercial Code) applies. If you fail to make the notification regulated there, the goods shall be deemed to have been approved, unless the defect is one that was not recognisable during the inspection. This shall not apply if we have fraudulently concealed a defect.
8. Warranties and guarantees
Unless expressly agreed otherwise below, the statutory liability for defects shall apply. For consumers, the limitation period for claims for defects in used goods is one year from delivery of the goods.
For entrepreneurs, the period of limitation for warranty claims is one year from the transfer of risk; the statutory periods of limitation for the right of recourse according to § 478 BGB remain unaffected.
In relation to entrepreneurs, only our own information and the manufacturer’s product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall assume no liability for public statements by the manufacturer or other advertising statements.
If the delivered goods are defective, we shall initially provide a warranty to entrepreneurs at our discretion either by eliminating the defect (rectification of defects) or by supplying a defect-free item (replacement delivery).
The above restrictions and shortening of deadlines do not apply to claims based on damage caused by us, our legal representatives or vicarious agents.
- in case of injury to life, body or health
- in the event of intentional or grossly negligent breach of duty or fraudulent intent
- in the event of breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
- within the framework of a guarantee promise, if agreed
- as far as the scope of application of the product liability law is opened.
Information on any additional warranties that may apply and their exact conditions can be found with the product and on special information pages in the online shop.
9. Liability
For claims due to damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation
- in the event of injury to life, body or health,
- in case of intentional or grossly negligent breach of duty,
- in the case of guarantee promises, if agreed, or
- as far as the scope of application of the product liability law is opened.
In the event of a breach of material contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability shall be limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. Otherwise claims for damages are excluded.
10. Settlement of disputes
The European Commission provides an Online Dispute Resolution (OS) platform, which you can find here: https://ec.europa.eu/consumers/odr/.
Consumers have the opportunity to use this platform to settle their disputes.
In order to settle disputes arising from a contractual relationship with a consumer or whether such a contractual relationship exists at all, we are obliged to participate in dispute settlement proceedings before a consumer arbitration board. The competent authority is the Allgemeine Verbraucherschlichtungsstelle des Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de. We will participate in dispute resolution proceedings before this body.
11. Final provisions
If you are an entrepreneur, then German law applies to the exclusion of the UN sales law.
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 relationships between us and you is our registered office.