Terms and Conditions
1) Applicability of the Conditions
All deliveries and services provided by EMBASSY Sporthandel GmbH are exclusively governed by the General Terms and Conditions.
The invalidity of one or more provisions does not affect the validity of the remaining provisions.
The general terms and conditions of our customers are not binding for us, even if not expressly objected to. All agreements and additional agreements require written form to be effective. Our terms and conditions also apply to all subsequent orders.
2) Offer and Conclusion of Contract
The offers of EMBASSY Sporthandel GmbH are always non-binding. All orders are valid even without written confirmation. We reserve the right to withdraw from executing an order with justified reason. To a reasonable extent, we have the possibility to make changes to the model and price of the subject matter of the contract.
3) Delivery and Deadlines
The delivery dates provided by us are non-binding for EMBASSY Sporthandel GmbH, unless expressly agreed otherwise in writing. EMBASSY Sporthandel GmbH is entitled to make partial deliveries at any time. All deliveries (including partial shipments) are made at the customer's risk and expense for shipping. The costs of packaging and insurance are borne by our customer. The choice of packaging and shipping method is at our discretion. Delivery delays due to force majeure and events that make delivery difficult or impossible for EMBASSY Sporthandel GmbH, including subsequently occurring difficulties in procuring goods, strikes, lockouts, operational disruptions, official orders, etc., even if they occur with our suppliers or their upstream suppliers, are not our responsibility, even in the case of bindingly agreed deadlines and dates, and extend the delivery time by the duration of the hindrance plus a reasonable start-up period. If the hindrance lasts longer than 3 months, the buyer is entitled to withdraw from the contract regarding the unfulfilled part after setting an appropriate deadline. Claims for damages are generally excluded.
4) Warranty / Complaints / Liability
If the subject matter of the contract is defective or lacks guaranteed properties, or if it becomes defective due to manufacturing or material defects within the warranty period, EMBASSY Sporthandel GmbH will, at its discretion and to the exclusion of any other warranty claims by the contracting party, either provide a replacement or rectify the issue. Multiple rectifications are permitted. The warranty period begins on the date of delivery and lasts for six months. The shipment must be promptly inspected by the contracting party for any transportation damages.
EMBASSY Sporthandel GmbH must be immediately notified in writing of any losses, damages, or defects, no later than six days after becoming aware of them. If handling or care instructions provided by EMBASSY Sporthandel GmbH are not followed, parts are replaced, modifications are made to the products, or maintenance agents are used against our advice, all warranty claims are void. Furthermore, claims for compensation, particularly for consequential damages that did not arise directly from the subject matter of the contract, are excluded, except in cases of gross negligence or intent on our part or the part of our vicarious agents.
In general, returns of any kind are only possible after prior consultation with us.
By settling the claims of EMBASSY Sporthandel GmbH, the contracting party is not granted any simple or exclusive rights of use within the meaning of copyright law. This also applies to trademarks and utility model rights. All rights remain with EMBASSY Sporthandel GmbH.
6) Retention of Title
The goods remain our property until payment of all our claims; in the meantime, all claims arising from the sale of these goods are considered assigned to us. In the event of payment default, we are entitled to reclaim the goods. This also applies in case of breach of contractual obligations. Upon reclaiming the goods, we credit the invoice amount minus 15%, but not exceeding the respective market value. An additional discount of 15% on the invoice amount is calculated for our expenses related to the reclamation.
7) Payment Terms
Payment is to be made within 10 days from the invoice date with a 3% discount, or within 30 days from the invoice date net without deduction. If our contractual partner participates in the direct debit scheme, we grant a 3% discount for payment within 16 days. Bills of exchange and checks are considered as means of payment only after they have been redeemed. In case of exceeding the payment deadline, default interest at a rate of 5% above the respective bank discount rate will be charged without the need for a separate reminder. If a due amount needs to be enforced through legal action, all other claims become due immediately. EMBASSY Sporthandel GmbH reserves the right, for justified reasons, to demand advance payment or securities.
Only the current price lists of EMBASSY Sporthandel GmbH apply.
Jurisdiction and Place of Performance
The place of performance is Münster.
To the extent permitted by law, Münster is the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. The laws of the Federal Republic of Germany apply to both parties.