§ 1 Scope, Customer Information
The following General Terms and Conditions (GTC) govern the contractual relationship between HEIKU Martin Kubiniok e.K. (Heiku-Sport) and consumers and entrepreneurs who purchase goods through our online shop. We do not recognize any terms and conditions that conflict with or deviate from our own. The contract language is German.
§ 2 Conclusion of Contract
(1) The offers presented on the Internet are non-binding invitations for you to purchase goods.
(2) You may place one or more products into the shopping cart. During the ordering process, you will enter your data and preferences regarding payment method, delivery options, etc. By clicking the order button, you submit a binding offer to conclude a purchase contract. You can also submit a binding order by telephone or fax. The confirmation of receipt of your order, which you receive immediately by email or fax, does not yet constitute acceptance of the purchase offer.
(3) We are entitled to accept your offer within 3 working days by sending you an order confirmation via email. If the period referred to in sentence 1 expires without result, your offer is deemed rejected, meaning you are no longer bound by your offer. In the case of a telephone order, the purchase contract is concluded if we accept your offer immediately. If the offer is not accepted immediately, you are also no longer bound by it.
§ 3 Customer Information: Storage of Contract Text
Your order and the details of the concluded contract (e.g., type of product, price, etc.) will be stored by us. We will send you the GTC, and you can also access them on our website at any time after the contract is concluded. As a registered customer, you can access your past orders via the customer login area (“My Account”).
§ 4 Customer Information: Correction Notice
You can correct your entries at any time before submitting your order using the delete key. We will inform you about further correction options during the ordering process. You can also cancel the ordering process at any time by closing the browser window.
§ 5 Retention of Title
The purchased goods remain our property until full payment has been received.
§ 6 Statutory Warranty Rights and Limitation Period
(1) Statutory Warranty Rights
Statutory warranty rights apply to our goods.
(2) Warranty for Consumers Regarding Used Goods
Your claims for defects in used goods expire one year after delivery of the purchased item to you. This does not apply to claims for damages, claims based on defects we have fraudulently concealed, and claims arising from a guarantee we may have provided regarding the condition of the item. For these excluded claims, the statutory limitation periods apply. If a guarantee period has been provided, the longer period shall apply in favor of the buyer.
(3) Warranty for Entrepreneurs
Your warranty claims for defects in the purchased goods expire one year from the transfer of risk. The following claims are excluded from this rule:
- Claims for damages
- Claims arising from fraudulently concealed defects
- Claims arising from any guarantee given
- Recourse claims under §§ 445a, 478 German Civil Code (BGB)
- Claims relating to defects in building materials and components that have been used in accordance with their usual purpose for a building and have caused its defectiveness.
For these excluded claims, the statutory limitation periods apply. If a guarantee period has been provided, the longer period shall apply in favor of the buyer.
§ 7 Limitation of Liability
We exclude liability for slightly negligent breaches of duty, provided these do not relate to material contractual obligations, damages arising from injury to life, body, or health, guarantees, or claims under the German Product Liability Act (ProdHaftG). The same applies to breaches of duty by our vicarious agents and legal representatives. Material contractual obligations include, in particular, the obligation to hand over the item to you and to transfer ownership of it, as well as to provide the item free of material and legal defects.
§ 8 Jurisdiction for Commercial Transactions
The exclusive place of jurisdiction for all disputes arising from this contract is our place of business if you are a merchant.
Information on the Right of Withdrawal
Consumers whose contractual declaration relates to a contract for the supply of goods are entitled to a right of withdrawal under the following provisions. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.
To exercise your right of withdrawal, you must inform us (HEIKU Martin Kubiniok e.K., Lohrheidestr. 58, 44866 Bochum, info@heiku.de, Phone: 02327 3741, Fax: 02327 3745) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax, or email). You may use the attached sample withdrawal form for this purpose, but it is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send the notification of your intention to exercise your right of withdrawal before the withdrawal period expires.
Consequences of Withdrawal
If you withdraw from this contract, we will reimburse you for all payments we have received from you, including delivery costs (except for the additional costs arising if you chose a type of delivery other than the least expensive standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment.
We may withhold reimbursement until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you inform us of your withdrawal from this contract. The deadline is met if you send the goods back before the period of fourteen days has expired.
You bear the direct costs of returning the goods. The cost is estimated to be no more than approximately 400 euros.
You are only liable for any diminished value of the goods if this loss in value results from handling the goods in a way that is not necessary to ascertain their nature, characteristics, and functioning.