AGB - General Terms and Conditions

§1 Scope, customer information
The following general terms and conditions (GTC) regulate the contractual relationship between HEIKU Martin Kubiniok e.K. (Heiku-Sport) and the consumers and entrepreneurs who buy goods via our shop. Contradictory conditions or conditions deviating from our terms and conditions will not be recognised by us. The contract language is German.

§ 2 Conclusion of contract
(1) The offers on the Internet represent a non-binding invitation to you to purchase goods.

(2) You can place one or more products in the shopping basket. In the course of the ordering process, you enter your data and wishes regarding the method of payment, delivery modalities, etc.. Only when you click on the order button do you make a binding offer to conclude a purchase contract. You can also place a binding order by telephone or fax. The immediate confirmation of receipt of your order by e-mail or fax does not constitute acceptance of the purchase offer.

(3) We are entitled to accept your offer within 3 working days by sending an order confirmation by e-mail. After the fruitless expiry of the period referred to in sentence 1, your offer shall be deemed to have been rejected, i.e. you shall no longer be bound by your offer. In the case of an order placed by telephone, the purchase contract is concluded if we accept your offer immediately. If the offer is not accepted immediately, then you are also no longer bound by it.

§ 3 Customer information: Storage of the contract text
Your order with details of the concluded contract (e.g. type of product, price etc.) will be stored by us. We will send you the GTC, but you can also access the GTC at any time after the conclusion of the contract via our website. As a registered customer, you can access your past orders via the customer log-in area ("My account").

§ 4 Customer information: Correction notice
You can correct your entries at any time before submitting the order by pressing the delete key. We will inform you about further correction options on the way through the ordering process. You can also close the order process completely at any time by closing the browser window.

§ 5 Retention of title
The object of purchase remains our property until payment has been made in full.

§ 6 Statutory rights of liability for defects and limitation
(1) Statutory rights of liability for defects
Statutory rights of liability for defects exist for our goods.

(2) Warranty vis-à-vis consumers for used goods
Your claims for defects in used goods become statute-barred one year after the handover of the sold item to you. Excluded from this regulation are claims for damages, claims due to defects which we have fraudulently concealed and claims arising from a guarantee which we may have assumed for the quality of the item. The statutory limitation periods apply to these excluded claims. In the event of a guarantee period being given, the longer period shall apply in favour of the buyer.

(3) Warranty vis-à-vis entrepreneurs
Your warranty claims due to defects in the purchased item shall become statute-barred one year after the transfer of risk. The following claims are excluded from this regulation
- for damages
- for fraudulently concealed defects
- from a possibly given guarantee
- for recourse according to §§ 445a, 478 BGB
- for defects in building materials and components which have been used for a building in accordance with their normal use and have caused its defectiveness.
The statutory limitation periods apply to these excluded claims. In the event of a warranty period, if any, the longer period shall apply in favour of the buyer.

§ 7 Limitation of liability
We exclude liability for slightly negligent breaches of duty insofar as these do not relate to material contractual duties, damage arising from injury to life, limb or health, guarantees or claims under the Product Liability Act (ProdHaftG). The same applies to breaches of duty by our vicarious agents and our legal representatives. Essential contractual obligations include in particular the obligation to hand over the item to you and to provide you with ownership of it. Furthermore, we must provide you with the item free of material defects and defects of title.

§ 8 Commercial place of jurisdiction
The exclusive place of jurisdiction for all disputes arising from this contract is our place of business if you are a merchant.

§ 9 Consumer information: Participation in janoFair
We participate in janoFair. janoFair is an alternative to the state-recognised consumer arbitration boards. If we are unable to settle differences of opinion arising from our contractual relationship amicably, the free dispute resolution procedure of janoFair is available to you. The limitation of possible claims is excluded for the duration of this procedure. If no agreement can be reached there either, legal recourse remains open.

Supplementary General Terms and Conditions for instalment purchase by easyCredit

I. Supplementary General Terms and Conditions

1. Scope of application and general terms of use

The following supplementary General Terms and Conditions (hereinafter referred to as GTC) apply between you and the merchant for all contracts concluded with the merchant in which ratenkauf by easyCredit (hereinafter referred to as instalment purchase) is used.
In the event of a conflict, the supplementary GTC take precedence over any other General Terms and Conditions of the merchant.

An instalment purchase is only possible for customers who are consumers in accordance with § 13 BGB (German Civil Code) and have reached the age of 18.

2. Instalment purchase

For your purchase on the Internet, the merchant provides you with the instalment purchase as an additional payment option with the support of TeamBank AG Nürnberg, Beuthener Straße 25, 90471 Nürnberg (hereinafter referred to as TeamBank AG).

The merchant reserves the right to check your creditworthiness. For further details, please refer to the payment by instalments data protection notice (see section II below). If it is not possible to use the hire purchase service due to insufficient creditworthiness or because the merchant's turnover limit has been reached, the merchant reserves the right to offer you an alternative payment option.

The contract for an instalment purchase is concluded between you and the merchant. With an instalment purchase you decide to pay the purchase price in monthly instalments. Monthly instalments are to be paid over a fixed term , whereby the final instalment may differ from the previous instalment amounts. Ownership of the goods remains reserved until full payment has been made.

The receivables arising from the use of the instalment purchase are assigned by the trader to TeamBank AG within the framework of a current factoring contract. Payments can only be made to TeamBank AG with debt-discharging effect.

3. Payment by instalments via SEPA direct debit

With the SEPA direct debit mandate issued with the purchase by instalments, you authorise TeamBank AG to collect the payments to be made through the purchase by instalments from your current account specified in the order process at the credit institution specified there by means of a SEPA direct debit.

TeamBank AG will notify you of the collection by e-mail no later than one calendar day before the SEPA direct debit is due (pre-notification/advance notice). The collection will take place at the earliest on the date specified in the pre-notification. A later, more timely collection can take place.

If a reduction in the purchase price amount occurs between the pre-notification and the due date (e.g. due to credit notes), the amount debited may differ from the amount stated in the pre-notification.

You must ensure that your current account has sufficient funds on the due date. Your bank is not obliged to honour the direct debit if there are insufficient funds in your current account.

If a return debit note is made due to insufficient funds in the current account, due to an unjustified objection by the account holder or due to the expiry of the current account, you will be in default even without a separate reminder, unless the return debit note results from a circumstance for which you are not responsible.

The fees charged by your TeamBank AG bank in the event of a return debit note will be passed on to you and must be paid by you. If you are in default, TeamBank AG is entitled to charge a reasonable reminder fee or interest on arrears at a rate of five percentage points above the base rate of the European Central Bank for each reminder.

Due to the high costs associated with a return debit note, we ask you not to object to the SEPA direct debit in the event of a withdrawal from the purchase contract, a return or a complaint. In these cases, the payment will be reversed in agreement with the merchant by transferring the corresponding amount back or by issuing a credit note.