§ 1 Applicability

The present general terms and conditions (GTC) apply to all contracts concluded between you and us, the company POWERSLIDE Sportartikelvertriebs GmbH (Esbachgraben 1, 95463 Bindlach - Click: https://powerslide.com/pages/impressum) via this online shop, unless nothing else has been expressly agreed in writing. We do not accept deviating or conflicting conditions insofar as weh ave not expressly agreed to them in writing.

§ 2 Proof of your entrepreneurial status

Our online shop is directed exclusively at entrepreneurs within the meaning of section 14 BGB. We may therefore demand that you provide us with sufficient proof of your entrepreneurial status prior to conclusion of the contract, e.g. by stating your VAT ID number or other suitable proof. The information required for proof shall be given by you complete and truthful.

§ 4 Conclusion of Contract, Contract Language

(1) The presentation of the products in our online shop does not constitute a legally binding offer, but merely an invitation to place orders (invitatio ad offerendum).

(2) By clicking „Order with obligation to pay“ in the last step of the order process, you submit a binding offer for purchase of the goods displayed in the order overview. Immediately after submitting the order, you will receive an order confirmation, which however does not yet constitute the acceptance of your contract offer. A contract comes into existence between you and us as soon as we accept your order by means of a seperate e-mail or dispatch the goods. Please regularly check the spam folder of your mailbox.

(3) The exclusive language available for the conclusion of the contract shall be German. Translations of these GTC into other languages are for information only. In the event of contradictions between the German text and the translations, the German text shall prevail.

To place an order, start by placing the desired goods in the shopping cart. There you may modify at all time the desired quantity or delete goods completely.

If you have placed goods in the shopping cart, by clicking on the buttons „Next“ you will get first to a web page where you may enter your data and then you may choose the shipping and payment method. You can review your input on the overview page that will open up. To correct input errors (e.g. with respect to the payment method, data or quantity), click „Edit“ next to the respective field. To cancel the order process, you can simply close your browser window. By clicking the confirmation button „Order with obligation to pay“, your declaration becomes binding in the meaning of section 4 (2) of these GTC.

§ 6 Storage of the contract text

You will receive the contractual provisions together with information on the goods including these GTC by e-mail upon acceptance of the contract offer together or together with the notification thereof this. We do not store the contactual provisions for you.

(1) If we see ourselves hindered in the execution of a contractual service by circumstances of any kind, we will inform you of this in good time in writing or by e-mail. If we are not responsible for the impeding circumstances, the contractual partners will agree on an appropriate postponement of the agreed service. If we fail to notify you in good time in writing or by e-mail, we shall not be entitled to invoke these circumstances at a later date.

If no agreement is reached between us and you, you are entitled to withdraw from the contract and you will be refunded any payments already made.

(2) In cases of force majeure, the contracting party affected thereby shall be released from the obligation to perform for the duration and to the extent of the effect.

Force majeure is any event beyond the control of the respective contracting party that prevents it in whole or in part from fulfilling its obligations, including fire damage, floods, strikes and lawful lockouts, as well as operational disruptions or official orders for which it is not to blame.

The affected Party shall promptly notify the other Party of the occurrence as well as the cessation of the Force Majeure and shall use its best efforts to remedy the Force Majeure and to limit its effects as much as possible.

In the event of force majeure, the contracting parties shall agree on the further procedure and determine whether, after its termination, the services not performed during this period shall be subsequently delivered. Notwithstanding the above, each Contracting Party shall be entitled to withdraw from the orders affected thereby if the Force Majeure lasts for more than four weeks from the agreed date of performance. The right of each contracting party to terminate the contract for good cause in the event of force majeure lasting for a longer period shall remain unaffected.

§ 8 Payment Conditions

(1) The purchase price is due immediately after placing the order. The payment of the goods can be made via credit card, via bank transfer or via our payment provider.

(2) Certain payment methods can be excluded by us in individual cases.

(3) If you fall into arrears with the payment of due claims, you shall pay interest on arrears in the amount of 9 percentage points above the base interest rate. We expressly reserve the right to assert further claims for damages.

(4) You shall only be entitled to set-off against us if your counterclaims are undisputed or legally binding.

§ 9 Retention of Title

(1) The goods shall remain our property until full payment.

(2) You are entitled to resell the goods under retention of title. However, you may not pledge the reserved goods or assign them by way of security. In this case, you already transfer all claims resulting from this resale to us in the amount of the invoice value, regardless if this resale takes place before or after a possible processing of the goods delivered under retention of title. We accept this assignment. Notwithstanding our authority to collect the claim ourselves, you remain entitled to collect the claim even after the transfer. In this context, we undertake not to collect the claim ourselves as long and if you are not in default in payments, no filing for insolvency proceedings or other proceedings against your assets exists and if no cessation of payments is given. If the abovementioned securities exceed the claims to be secured by more than 10 %, we are obliged to release the securities on your request at our discretion.

§ 10 Delivery Conditions

We deliver the goods pursuant to the agreements made. Arising shipping costs are listed in the product description and are billed separately.

§ 11 Warranty in case of purchasing goods

(1) If the goods delivered are defective, you are entitled, within the scope of statutory provisions, to demand supplementary performance in the form of removal of defects or delivery of a defect-free item. We are entitled to choose the form of supplementary performance. If the supplementary performance fails, you have the right to reduce the purchase price or to withdraw from the contract. Precondition for any warranty claim is that you fulfill all obligations to inspect and to reprimand owed pursuant to Sec. 377 HGB.

(2) The limitation period of warranty claims for the goods delivered is twelve months from receipt of the goods, except in cases of claims for damages.

§ 12 Limitation of Liability

(1) We are liable for intent and gross negligence. Further, we are liable for the negligent breach of obligations, whose fulfillment is essential to enable the ordinary implementation of the contract, whose breach jeopardizes the achievement of the purpose of the contract and on whose compliance you as a customer may rely on regularly. In the last-mentioned case, we are only liable for the foreseeable, typical contractual damage. The same applies to breaches of duty by our vicarious agents.

(2) The abovementioned exclusions of liability do not apply in case of damage of life, body and health. The liability pursuant to the product liability law remains unaffected.

(3) Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times according to the current state of the art. In this respect, we are not liable for the constant and uninterrupted availability of our online presence.

§ 13 Final Provisions

(1) Amendments or supplements of these terms and conditions require the written form to be binding.

(2) The law of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

(3) Venue of performance is Bindlach. The courts of Bindlach shall have exclusive jurisdiction for dispute, in connection with this contract.

(4) The European Commission provides a platform for online dispute resolution (ODR) at http://ec.europa.eu/consumers/odr.

Our e-mail address is: powerslide@powerslide.de

(5) We are not obligated or willing to participate in a dispute resolution procedure in accordance with the German Consumer Dispute Resolution Act (VSBG).

(6) If individual provisions of these terms and conditions are ineffective, statutory laws, the terms and conditions as a whole remain unaffected. The contractual parties shall amicably decide to replace the ineffective provision by a legally effective provision, which comes closest to the commercial purpose of the ineffective one. The aforementioned provision shall accordingly apply in case of gaps.

April 2023

AGB created by lawyer Karlheinz Roth in cooperation with yourXpert.