GENERAL TERMS AND CONDITIONS WITH CUSTOMER INFORMATION - MAXPODS

TABLE OF CONTENTS

1. SCOPE OF APPLICATION
2. CONCLUSION OF CONTRACT
3. RIGHT OF WITHDRAWAL
4. PRICES AND PAYMENT TERMS
5. DELIVERY AND SHIPPING CONDITIONS
6. RETENTION OF TITLE
7. DEFECT LIABILITY (WARRANTY)
8. APPLICABLE LAW
9. ALTERNATIVE DISPUTE RESOLUTION

1) SCOPE OF APPLICATION

1.1 THESE GENERAL TERMS AND CONDITIONS (HEREINAFTER "TERMS") OF SPORTOPIA ONLINE SARL (HEREINAFTER "SELLER") APPLY TO ALL CONTRACTS FOR THE DELIVERY OF GOODS THAT A CONSUMER OR ENTREPRENEUR (HEREINAFTER "CUSTOMER") CONCLUDES WITH THE SELLER WITH REGARD TO THE GOODS PRESENTED BY THE SELLER IN ITS ONLINE SHOP. HEREBY, THE INCLUSION OF THE CUSTOMER'S OWN TERMS IS OBJECTED TO, UNLESS SOMETHING ELSE IS AGREED.

1.2 CONSUMER WITHIN THE MEANING OF THESE TERMS IS EVERY NATURAL PERSON WHO CONCLUDES A LEGAL TRANSACTION FOR PURPOSES THAT CAN BE PREDOMINANTLY ATTRIBUTED NEITHER TO THEIR COMMERCIAL NOR TO THEIR INDEPENDENT PROFESSIONAL ACTIVITY. ENTREPRENEUR WITHIN THE MEANING OF THESE TERMS IS A NATURAL OR LEGAL PERSON OR A PARTNERSHIP WITH LEGAL CAPACITY WHO, WHEN CONCLUDING A LEGAL TRANSACTION, ACTS IN THE EXERCISE OF THEIR COMMERCIAL OR INDEPENDENT PROFESSIONAL ACTIVITY.

2) CONCLUSION OF CONTRACT

2.1 THE PRODUCT DESCRIPTIONS CONTAINED IN THE SELLER'S ONLINE SHOP DO NOT CONSTITUTE BINDING OFFERS ON THE PART OF THE SELLER, BUT RATHER SERVE TO SUBMIT A BINDING OFFER BY THE CUSTOMER.

2.2 THE CUSTOMER CAN SUBMIT THE OFFER VIA THE ONLINE ORDER FORM INTEGRATED IN THE SELLER'S ONLINE SHOP. THE CUSTOMER, AFTER PLACING THE SELECTED GOODS IN THE VIRTUAL SHOPPING CART AND COMPLETING THE ELECTRONIC ORDERING PROCESS, SUBMITS A LEGALLY BINDING CONTRACT OFFER WITH RESPECT TO THE GOODS CONTAINED IN THE SHOPPING CART BY CLICKING THE BUTTON CONCLUDING THE ORDERING PROCESS.

2.3 THE SELLER MAY ACCEPT THE CUSTOMER'S OFFER WITHIN FIVE DAYS, BY SENDING THE CUSTOMER A WRITTEN ORDER CONFIRMATION OR AN ORDER CONFIRMATION IN TEXT FORM (FAX OR EMAIL), BY DELIVERING THE ORDERED GOODS TO THE CUSTOMER, OR BY REQUESTING PAYMENT FROM THE CUSTOMER AFTER THE CUSTOMER HAS PLACED THEIR ORDER.

2.4 WHEN SELECTING THE PAYMENT METHOD "PAYPAL EXPRESS", PAYMENT PROCESSING IS CARRIED OUT BY THE PAYMENT SERVICE PROVIDER PAYPAL (EUROPE) S.À R.L. ET CIE, S.C.A., 22-24 BOULEVARD ROYAL, L-2449 LUXEMBOURG.

2.5 WHEN SUBMITTING AN OFFER VIA THE SELLER'S ONLINE ORDER FORM, THE CONTRACT TEXT IS STORED BY THE SELLER AFTER CONCLUSION OF THE CONTRACT AND TRANSMITTED TO THE CUSTOMER IN TEXT FORM (E.G. EMAIL, FAX OR LETTER) AFTER SUBMISSION OF THEIR ORDER.

3) RIGHT OF WITHDRAWAL

3.1 CONSUMERS GENERALLY HAVE A RIGHT TO WITHDRAW.

3.2 FURTHER INFORMATION ON THE RIGHT OF WITHDRAWAL CAN BE FOUND IN THE SELLER'S WITHDRAWAL NOTICE.

4) PRICES AND PAYMENT TERMS

4.1 UNLESS THE SELLER'S PRODUCT DESCRIPTION STATES OTHERWISE, THE PRICES LISTED ARE TOTAL PRICES THAT INCLUDE THE STATUTORY SALES TAX. ANY ADDITIONAL DELIVERY AND SHIPPING COSTS INCURRED ARE STATED SEPARATELY IN THE RESPECTIVE PRODUCT DESCRIPTION.

4.2 FOR DELIVERIES TO COUNTRIES OUTSIDE THE EUROPEAN UNION, ADDITIONAL COSTS MAY BE INCURRED IN INDIVIDUAL CASES WHICH THE SELLER IS NOT RESPONSIBLE FOR AND WHICH MUST BE BORNE BY THE CUSTOMER. THESE INCLUDE, FOR EXAMPLE, COSTS FOR MONEY TRANSFERS BY CREDIT INSTITUTIONS OR IMPORT DUTIES OR TAXES.

4.3 THE PAYMENT OPTION/OPTIONS WILL BE COMMUNICATED TO THE CUSTOMER IN THE SELLER'S ONLINE SHOP.

4.4 WHEN PAYING BY MEANS OF A PAYMENT METHOD OFFERED BY PAYPAL, PAYMENT PROCESSING IS CARRIED OUT BY THE PAYMENT SERVICE PROVIDER PAYPAL (EUROPE) S.À R.L. ET CIE, S.C.A.

4.5 GIFT VOUCHERS AND CONTESTS FROM MAXPODS ARE NOT REFUNDABLE AND NOT EXCHANGEABLE. ONCE PURCHASED, VOUCHERS AND ITEMS CANNOT BE EXCHANGED FOR A REFUND OR FOR CASH OR CREDIT.

5) DELIVERY AND SHIPPING CONDITIONS

5.1 DELIVERY OF GOODS TAKES PLACE BY SHIPPING TO THE DELIVERY ADDRESS PROVIDED BY THE CUSTOMER, UNLESS OTHERWISE AGREED.

5.2 IF THE TRANSPORT COMPANY RETURNS THE SHIPPED GOODS TO THE SELLER BECAUSE DELIVERY TO THE CUSTOMER WAS NOT POSSIBLE, THE CUSTOMER BEARS THE COSTS OF THE UNSUCCESSFUL SHIPMENT.

5.3 SELF-PICKUP IS NOT POSSIBLE FOR LOGISTICAL REASONS.

6) RETENTION OF TITLE

IF THE SELLER PROVIDES ADVANCE PERFORMANCE, THE SELLER RETAINS OWNERSHIP OF THE DELIVERED GOODS UNTIL FULL PAYMENT OF THE PURCHASE PRICE DUE.

7) DEFECT LIABILITY (WARRANTY)

7.1 IF THE GOODS SOLD ARE DEFECTIVE, THE PROVISIONS OF THE STATUTORY WARRANTY APPLY.

7.2 FOR USED GOODS: CLAIMS FOR DEFECTS ARE EXCLUDED IF THE DEFECT OCCURS ONLY AFTER THE EXPIRATION OF ONE YEAR FROM DELIVERY OF THE GOODS.

7.3 THE CUSTOMER IS REQUESTED TO REPORT DELIVERED GOODS WITH OBVIOUS TRANSPORT DAMAGE TO THE CARRIER AND TO NOTIFY THE SELLER.

8) APPLICABLE LAW

ALL LEGAL RELATIONSHIPS OF THE PARTIES ARE GOVERNED BY THE LAW OF THE FEDERAL REPUBLIC OF GERMANY, EXCLUDING THE LAWS ON THE INTERNATIONAL SALE OF MOVABLE GOODS. FOR CONSUMERS, THIS CHOICE OF LAW ONLY APPLIES INSOFAR AS THE PROTECTION GRANTED IS NOT WITHDRAWN BY MANDATORY PROVISIONS OF THE LAW OF THE STATE IN WHICH THE CONSUMER HAS THEIR HABITUAL RESIDENCE.

9) ALTERNATIVE DISPUTE RESOLUTION

9.1 THE EU COMMISSION PROVIDES A PLATFORM FOR ONLINE DISPUTE RESOLUTION ON THE INTERNET AT THE FOLLOWING LINK: HTTPS://EC.EUROPA.EU/CONSUMERS/ODR. THIS PLATFORM SERVES AS A POINT OF CONTACT FOR THE OUT-OF-COURT RESOLUTION OF DISPUTES ARISING FROM ONLINE PURCHASE OR SERVICE CONTRACTS TO WHICH A CONSUMER IS PARTY.

9.2 THE SELLER IS NEITHER OBLIGED NOR WILLING TO PARTICIPATE IN A DISPUTE RESOLUTION PROCEDURE BEFORE A CONSUMER MEDIATION BODY.