Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Fundamental Provisions

(1) The following terms and conditions apply to all contracts that you conclude with us as the provider (Pentagon Sports GmbH & CO. KG) via the website www.ezyroller.de. Unless otherwise agreed, the inclusion of any of your own terms used by you is contradicted.

(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a legal partnership that acts in the exercise of their independent professional or commercial activity when concluding a legal transaction.

§ 2 Conclusion of the Contract

(1) The subject of the contract is the sale of goods.

(2) By placing the respective product on our website, we submit a binding offer to you to conclude a contract under the conditions specified in the item description.

(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
 After calling up the "Checkout" page and entering personal data as well as payment and shipping conditions, all order data is finally displayed again on the order overview page.
Insofar as you use an instant payment system (e.g. PayPal / PayPal Express, Amazon-Payments, Postpay, Sofort) as a payment method, you will either be guided to the order overview page in our online shop or you will first be redirected to the website of the provider of the instant payment system.
 If you are redirected to the respective instant payment system, you make the corresponding selection or entry of your data there. Finally, you will be directed back to our online shop to the order overview page.
Before submitting the order, you have the opportunity to check all details here again, to change them (also using the "back" function of the internet browser) or to cancel the purchase. 
By sending the order via the button "order with obligation to pay", you declare the acceptance of the offer in a legally binding manner, whereby the contract is concluded. 

(4) Your inquiries regarding the creation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g. by e-mail), which you can accept within 5 days.

(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have stored with us is correct, that the receipt of e-mails is technically ensured and, in particular, is not prevented by SPAM filters.

§ 3 Right of Retention, Retention of Title

(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.

(2)  The goods remain our property until full payment of the purchase price.

(3)  If you are an entrepreneur, the following applies additionally:
 
 a) We retain ownership of the goods until all claims from the ongoing business relationship have been settled in full. Prior to the transfer of ownership of the reserved goods, pledging or security transfer is not permitted.
 
 b) You may resell the goods in the ordinary course of business. In this case, you already now assign to us all claims in the amount of the invoice amount that accrue to you from the resale, and we accept the assignment. You are further authorized to collect the claim. Insofar as you do not properly fulfill your payment obligations, however, we reserve the right to collect the claim ourselves.
 
 c) In the event of combination and mixing of the reserved goods, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
 
 d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The choice of securities to be released is our responsibility.

§ 4 Warranty

(1) Statutory liability for defects exists.

(2) As a consumer, you are requested to check the item immediately upon delivery for completeness, obvious defects, and transport damage and to notify us and the carrier of any complaints as soon as possible. If you do not comply, this has no effect on your statutory warranty claims.

(3) Insofar as you are an entrepreneur, the following applies in deviation from the above warranty regulations:
 
a)  Only our own information and the manufacturer's product description shall be deemed agreed as the quality of the item, but not other advertising, public promotions, and statements by the manufacturer.
 
b)  In the event of defects, we shall provide a warranty at our choice by repair or replacement. If the rectification of defects fails, you may, at your choice, demand a reduction or withdraw from the contract. The rectification of defects shall be deemed to have failed after a second unsuccessful attempt, unless something else arises in particular from the nature of the item or the defect or the other circumstances. In the case of repair, we do not have to bear the increased costs incurred by bringing the goods to a location other than the place of performance, provided that the transport does not correspond to the intended use of the goods.
 
c)  The warranty period is one year from delivery of the goods. The reduction of the period does not apply:

- for culpably caused damages attributable to us arising from injury to life, body or health and in the case of other damages caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- for items that have been used for a building in accordance with their usual use and have caused its defectiveness;
- for statutory recourse claims that you have against us in connection with defect rights.

§ 5 Choice of Law, Place of Performance, Place of Jurisdiction

(1)  German law shall apply. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (favourability principle).

(2)  The place of performance for all services arising from the business relationships existing with us and the place of jurisdiction is our registered office, provided that you are not a consumer but a merchant, a legal entity under public law, or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual residence is not known at the time the action is brought. The authority to also call upon the court at another legal place of jurisdiction remains unaffected by this.

(3)  The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) expressly do not apply.

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II. Customer Information 

1. Identity of the Seller

Pentagon Sports GmbH & CO. KG
Lindenstr.31
73479 Ellwangen
Germany
Phone: +49 (0)7961 967 97 00
E-Mail: info@ezyroller.de

2. Information on the Conclusion of the Contract

The technical steps for the conclusion of the contract, the conclusion of the contract itself, and the correction options are carried out in accordance with the regulations "Conclusion of the Contract" of our General Terms and Conditions (Part I.).

3. Contract Language, Storage of the Contract Text

3.1. The contract language is German.

3.2. The complete contract text is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed out using the print function of the browser or saved electronically. After we receive the order, the order data, the information required by law for distance contracts, and the General Terms and Conditions will be sent to you again by e-mail.

3.3. In the case of offer inquiries outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by e-mail, which you can print out or save electronically.

4. Codes of Conduct

4.1. We have submitted to the Buyer's Seal quality criteria of Händlerbund Management AG and the associated Ecommerce Europe Trustmark Code of Conduct, available at: https://www.haendlerbund.de/images/content/kaeufersiegel/kaeufersiegel-qualitatskriterien.pdf and https://www.ecommercetrustmark.eu/the-code-of-conduct/

5. Essential Characteristics of the Goods or Service

The essential characteristics of the goods and/or service can be found in the respective offer.

6. Prices and Payment Methods

6.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.

6.2. The shipping costs incurred are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective offer, are shown separately in the course of the ordering process, and are to be borne by you additionally, unless free delivery is promised.

6.3. If delivery is made to countries outside the European Union, further costs for which we are not responsible may arise, such as customs duties, taxes, or money transfer fees (transfer or exchange rate fees of credit institutions), which are to be borne by you. Any costs incurred for the transfer of money are also to be borne by you in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.

6.4. The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.

6.5. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.

7. Delivery Conditions

7.1. The delivery conditions, the delivery date, and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.

7.2. Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.

If you are an entrepreneur, delivery and shipment take place at your risk.

8. Statutory Liability for Defects

Liability for defects is based on the "Warranty" regulation in our General Terms and Conditions (Part I).

These GTC and customer information were created by lawyers of the Händlerbund who specialize in IT law and are permanently checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/agb-service.

Last update: 07.12.2017