1 Scope of application, definitions
(1) For the business relationship between the online store teesling.com
of Golf Spirit Sports GmbH, Margaretenstrasse 8, 14193 Berlin (hereinafter referred to as "Provider") and the customer (hereinafter referred to as "Customer"), the following General Terms and Conditions shall apply exclusively in the version valid at the time of the order. Deviating general terms and conditions of the Customer shall not be recognized unless the Provider expressly agrees to their validity in writing.
(2) The Customer is a consumer within the meaning of § 13 BGB (German Civil Code), unless the purpose of the ordered deliveries and services can be attributed predominantly to his commercial or independent professional activity. On the other hand, an entrepreneur according to § 14 BGB is any
natural or legal person or partnership with legal capacity who, when concluding
the contract, acts in the exercise of his commercial or self-employed professional activity.
2 Conclusion of contract
(1) The Customer may select products, in particular Teeslings, from the Provider's product range on the teesling.com website (hereinafter: "Website") and place and collect them in the shopping cart via a button. By clicking on the button "Buy now", the customer makes a
binding request to purchase the goods in the shopping cart. Before sending the
order, the customer can change and view the data at any time.
(2) The Provider then sends the Customer an automatic confirmation of receipt by e-mail, in which the Customer's order is listed again and which the Customer can print out using the "Print" function. The automatic confirmation of receipt merely documents that the customer's order has been
received by the provider and does not constitute acceptance of the application.
The contract is not concluded until the provider issues a declaration of acceptance, which is sent in a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but no later than upon delivery of the goods,
the text of the contract (consisting of the order, GTC, cancellation policy and order confirmation) will be sent to the customer by us on a durable medium (e-mail or paper printout) (contract confirmation). The text of the contract shall be stored in compliance with data protection laws.
(3) The Customer shall ensure that the e-mails sent by the Provider can be delivered. In particular, the Customer must check for typing errors in the
e-mail address provided when placing the order and regularly check the spam folder of the e-mail inbox when placing the order.
(4) The contract shall be concluded in German or English.
3 Delivery, availability of goods
(1) Delivery times stated by the Provider shall be calculated from the time of the order confirmation, subject to prior payment of the purchase price.
(2) If no copies of the product selected by the Customer are available at the time of the Customer's order, the Provider shall inform the Customer of
this immediately in the order confirmation. If the product is permanently notn available, the provider refrains from a declaration of acceptance. In thisncase, a contract is not concluded.
(3) If the product designated by the Customer in the order is only temporarily unavailable, the Provider shall also inform the Customer of this without delay in the order confirmation.
(4) The Provider delivers within Germany at the shipping costs stated on the website. The provider is entitled but not obliged to refuse delivery to
customers in other countries. In the case of refusal, an order confirmation will not be issued.
4 Retention of title
(1) Until full payment, the delivered goods remain the property of the provider.
(2) The provider retains ownership of the delivered goods vis-à-vis entrepreneurs until full settlement of all claims arising from an ongoing business relationship.
(3) The customer is entitled to resell the goods subject to retention of title in the ordinary course of business, provided that he is an entrepreneur
and a written consent of the provider is available. The customer assigns all
resulting claims against third parties in the amount of the full invoice value
to the provider in advance. The processing of the goods has no influence on the
effectiveness of the assignment. However, the customer remains authorized to collect his claims even after the assignment, without affecting the authority
of the provider to collect the claims. The supplier shall refrain from collecting
the receivables as long as no application for the opening of insolvency proceedings has been filed, and/or the customer fulfills his payment
obligations to the supplier without deductions, and/or is not in default of payment.
5 Prices and shipping costs
(1) All prices stated on the website of the Provider are inclusive of the applicable statutory value added tax, unless otherwise stated.
(2) The corresponding shipping costs are indicated to the customer in the order form and are to be borne by the customer, unless the customer makes use of his right of withdrawal.
(3) On the occasion of special promotions, the provider may occasionally offer free shipping, which is shown separately on the website. The free shipping may be subject to certain conditions (e.g. minimum order value).
(4) The goods are shipped by mail or freight forwarding. The shipping risk is borne by the provider only if the customer is a consumer.
(5) In the event of a revocation, the Customer shall bear the direct costs of the return shipment. Deviating from this, the customer shall not bear any shipping costs if the ordered goods have been delivered incorrectly or
defective.
6 Payment modalities
(1) The customer can make the payment with the payment methods indicated on the website. Fees from external payment providers (e.g. Paypal, Klarna) are borne by the provider. Reference is made to the privacy policy of the external payment providers. The customer can view these in the privacy policy on the website of the provider.
(2) The customer can change the payment method stored in his user account at any time.
(3) Payment of the purchase price is due immediately upon conclusion of the contract, unless otherwise stated on the invoice. If the due date of
payment is determined by the calendar, the customer is already in default by
missing the deadline. In this case, he has to pay the provider for the year default interest in the amount of 5 percentage points above the prime rate. If the Customer is an entrepreneur, the default interest shall amount to 9
percentage points above the base interest rate.
(4) The Customer's obligation to pay default interest shall not preclude the Provider from asserting further claims for damages caused by default.
(5) The Customer shall only be entitled to set-off against the Provider if the Customer's counterclaims have been legally established, are undisputed or have been acknowledged by the Provider. The customer may only exercise a right of retention insofar as the counterclaim is based on the same contractual
relationship.
7 Warranty for material defects, guarantee
(2) If the Customer is an entrepreneur, for the purpose of preserving the Customer's claims for defects, defects shall be notified to the Provider in writing without undue delay, but no later than within two weeks after delivery.
The defective items shall be kept ready for inspection by the provider in the condition in which they are at the time the defect is discovered.
(3) Insignificant, reasonable deviations in the dimensions and designs - in particular in the case of repeat orders - do not entitle to complaints,
unless absolute compliance has been expressly agreed. Product illustrations can
deviate from the appearance of the delivered products. In particular, changes in the appearance and equipment of the products may occur after renewals in the product range of the manufacturer. Claims for defects do not exist, provided
that the changes are reasonable for the customer.
(4) The customer is requested to inform the deliverer of the goods about obvious damages (e.g. clearly damaged packaging) if he is a consumer. The rights of the customer according to paragraph 1 remain unaffected.
(5) An additional guarantee exists for the goods delivered by the provider only if this was expressly stated in the order confirmation for the
respective item.
8 Liability
(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb,
health or from the breach of essential contractual obligations (cardinal obligations), as well as liability for other damages based on intentional or grossly negligent breach of duty by the provider, his legal representatives or
agents. Material contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In the event of a breach of material contractual obligations, the Provider shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless the Customer's claims for damages are based on injury to life, body or health.
(3) The restrictions of paragraphs 1 and 2 shall also apply in favor of the legal representatives and vicarious agents of the Provider if claims are asserted directly against them.
(4) The limitations of liability resulting from paragraphs 1 and 2 do not apply if the provider has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies if the provider and
the customer have reached an agreement on the quality of the item. The provisions
of the Product Liability Act remain unaffected.
9 Data protection
(1) The customer agrees to the storage of personal data within the framework of the business relationship with the provider, in compliance with data protection laws, in particular the BDSG and the DSGVO. Data will not be disclosed to third parties unless this is necessary for the performance of the contract or consent has been given.
(2) Insofar as the customer transmits the data of third parties, the customer assures that he has obtained consent from the third party and releases the provider from any claims in this regard.
(3) The rights of the Customer or the party affected by the data processing arise in this context in particular from the following standards of
the GDPR:
Article 7 (3) - Right to withdraw consent under data protection law.
- Article 15 - Right to information of the data subject, right to confirmation and provision of a copy of the personal data
- Article 16 - Right to rectification
- Article 17 - right to erasure ("right to be forgotten")
- Article 18 - right to restriction of processing
- Article 20 - right to data portability
- Article 21 - right to object
- Article 22 - right not to be subject to a decision based solely on automated processing, including profiling
- Article 77 - Right to lodge a complaint with a supervisory authority.
(4) In order to exercise the rights, the Customer or the Data Subject is requested to contact the Provider by e-mail or, in case of complaint, the
competent supervisory authority.
(5) The Provider assures to have taken appropriate
technical-organizational measures to ensure the security of personal data and
to reduce the risk for the data subjects.
(6) In all other respects, reference is made to the privacy policy of the Provider's website.
10 Dispute resolution
(1) The EU platform for out-of-court online dispute resolution can be reached at the following Internet address: https://ec.europa.eu/consumers/odr/
(2) The provider is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
11 Final provisions
(1) Contracts between the Provider and the Customer shall be governed by
the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the customer has his habitual
residence as a consumer, shall remain unaffected.
(2) If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes
arising from contractual relationships between the Customer and the Provider
shall be the Provider's registered office in Berlin.
(3) The contract remains binding in its remaining parts even if individual points are legally invalid. Instead of the ineffective points, the
statutory provisions, if any, shall apply. Insofar as this would represent an unreasonable hardship for one of the contracting parties, however, the contract
shall become ineffective as a whole.
