Terms and Conditions
§ 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.
§ 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.
