Legal:

Terms and Conditions

General Terms and Conditions

 

 

1.   General Information

2.   Scope of Application

3.   Conclusion of the Contract

4.   Right to Cancel

5.   Prices and Payment Conditions

6.   Shipment and Delivery Conditions

7.   Reservation of Proprietary Rights

8.   Warranty

9.   Applicable Law

10.   Alternative dispute resolution

 

1.  General Information

 

General terms and conditions of business in the context of sales contracts concluded on the platform https://www.soft-shackle.com

between

SchneiderLine
Badstr. 2
82515 Wolfratshausen
Germany

CEO: Mali Schneider

– hereinafter referred to as “seller”

And

the users of this platform according to Paragraph 2 of these terms and conditions – hereinafter referred to as “customer/client”.

2.  Scope of Application

2.1.  These General Terms and Conditions of the company SchneiderLine (hereinafter referred to as "Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "Client”) and the Seller relating to all goods and/or services presented in the Seller's online shop. The inclusion of the Client’s own conditions is herewith objected to, unless other terms have been stipulated.

2.2.  Regarding the purchase of vouchers, these Terms and Conditions shall apply accordingly, unless expressly agreed otherwise.
 

2.3.  For contracts regarding the delivery of vouchers, these Terms and Conditions shall apply accordingly, unless expressly agreed otherwise.
 

2.4.  The General Terms and Conditions with their respective current version at the time of ordering are also valid for future orders, even if these are not again explicitly agreed upon.
 

2.5.  A consumer pursuant to these Terms and Conditions is any natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity. A trader pursuant to these Terms and Conditions is any natural or legal person or partnership with legal capacity acting in the performance of a commercial or self-employed occupational activity when concluding a legal transaction.
 

2.6.  Digital content in the sense of these General Terms and Conditions are all data not on a tangible medium which are produced in digital form and are supplied by the Seller by granting certain usage rights precisely defined in these General Terms and Conditions.

 

 

 

3.  Conclusion of the Contract
 

3.1.  The product descriptions in the Seller’s online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Client.
 

3.2.  The Client may submit the offer via the online order form integrated into the Seller's online shop. In doing so, after having placed the selected goods and/or services in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods and/or services contained in the shopping cart. The Client may also submit his offer to the Seller by telephone, e-mail or per online contact form.
 

3.3.  The Seller may accept the Client’s offer within ten calendar days,
 

·by transferring a written order confirmation or an order confirmation in written form (fax or           e-mail); insofar receipt of order confirmation by the Client is decisive, or

·by delivering ordered goods to the Client; insofar receipt of goods by the customer is decisive, or

·by requesting the Client to pay after he placed his order.
 

3.4.  Provided that several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. Should the Seller not accept the Client’s offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that the Client is no longer bound by his statement of intent.
 

3.5.  When submitting an offer via the Seller's online order form, the text of the contract is stored by the Seller after the contract has been concluded and transmitted to the Client in text form (e.g. e-mail, fax or letter) after the order has been sent. The seller shall not make the contract text accessible beyond this. If the Client has set up a user account in the Seller's online shop prior to sending his order, the order data shall be stored on the Seller's website and can be accessed by the Client free of charge via his password-protected user account by specifying the corresponding login data.
 

3.6.  The Seller is not obliged to control dates (specifications, measures, samples etc.), material or the suitability of the ordered goods for the purposes of the customer. Correspondence that is not part of the written confirmation of order is not element of the contract. This has to be checked up by the customer immediately after receipt and in the event of any doubts concerning the terms of contract, these have to be stated in writing. In case of any alterations concerning measures etc., the Seller is entitled to adjust, if necessary, the price accordingly.
 

3.7.  Prior to submitting a binding order via the Seller’s online order form, the Client may recognize input errors by reading attentively the information displayed on the screen. The enlargement function of the browser to enlarge the display on the screen may be an effective method for better recognizing input errors.
The Client can correct all the data entered via the usual keyboard and mouse function during the electronic ordering process, until he clicks the button finalizing the ordering process.
 

3.8.  The sales contract shall be concluded in English. The Seller stores all wording of the contract in compliance with the data privacy policy.
 

3.9.  Order processing and contacting usually takes place via e-mail and automated order processing. It is the Client’s responsibility to ensure that the e-mail address he provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. Particularly, it is the Client`s responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.

 

 

 

4.  Right to Cancel
 

4.1.  Customers are entitled to the right to cancel.
 

4.2.  Detailed information about the right to cancel are provided in the Seller’s instruction on Right of Revocation.
 

4.3.  The right to cancel does not apply to customers, who are no nationals of a member state of the European Union at the time of concluding the contract und whose exclusive domicile and delivery address were located outside of the European Union at the time of concluding the contract.

 

 

 

5.  Prices and Payment Conditions
 

5.1.  Unless otherwise stated in the Seller’s product description, prices indicated are total prices including the statutory sales tax. The relevant shipping cost shall be indicated to the customer in the order form and shall be borne by the customer insofar as the customer does not exercise any right of revocation.
 

5.2.  The customer must bear the direct costs of return shipment in the event of a revocation.
 

5.3.  Payment can be made using one of the methods mentioned in the Seller’s online shop.
 

5.4.  In case of delivery to countries outside the European Union, additional costs may incur in individual cases for which the Seller is not responsible and which have to be borne by the Client. This includes for example transfer fees charged by banking institutes (transfer charges, exchange fees) or import duties or taxes (customs). Such costs regarding money transfer may also incur, if delivery is not made in a country outside the European Union and the Client carries out the payment from a country outside the European Union.
 

5.5.  If prepayment by bank transfer has been agreed upon, payment is due immediately after conclusion of the contract, unless the parties have arranged a later maturity date.
 

5.6.  When payments are made using a payment method offered by PayPal, handling of payments takes place via the payment service provider PayPal ((Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter called “PayPal”) subject to the PayPal terms of use which can be viewed at: https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
 

5.7.  In case the client has no PayPal account, the conditions applicable for payments without PayPal account will be effective. They can be viewed at: https://www.paypal.com/de/webapps/mpp/ua/privacywax-full

 

 

 

6.  Shipment and Delivery Conditions
 

6.1.  Goods are generally delivered on dispatch route and to the delivery address indicated by the Client, unless agreed otherwise. During the processing of the transaction, the delivery address indicated in the Seller’s order processing is decisive.
 

6.2.  Delivery times stated by us are calculated from the date of our order confirmation and subject to advance payment of the purchase price.
 

6.3.  If the product ordered by the customer is only temporarily unavailable, the supplier undertakes to notify the customer thereof immediately. In case of a delivery delay of more than two weeks (if not otherwise stated) the customer has the right to withdraw from the contract. In such a case the supplier is also entitled to cancel the contract and will refund as soon as possible any payments already made by the customer.
 

6.4.  Payment of the purchase price is due immediately upon conclusion of the contract. If the payment fails or in the case of BACS is not issued, the order will not be processed. No goods will be shipped before full payment is issued to the supplier.
 

6.5.  Should the assigned transport company return the goods to the Seller, because delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatch. This shall not apply, if the Client exercises his right to cancel effectively, if the delivery cannot be made due to circumstances beyond the Client's control or if he has been temporarily impeded to receive the offered service, unless the Seller has notified the Client about the service for a reasonable time in advance.
 

6.6.  Should the Client collect the goods himself, the Seller informs the Client by e-mail that the goods are available for collection. After receiving the e-mail, the Client may collect the goods in consultation with the Seller at the Seller's place of business. In this case shipment costs will not be charged.
 

 

 

7.  Reservation of Proprietary Rights
 

7.1.  The products remain property of the Seller until fully paid by the customer.
 

 

 

8.  Warranty
 

8.1.  The Seller is liable for defective material according to the applicable legal regulations, in particular §§ 434 ff. BGB. The warranty period for goods delivered by the Seller to an enterprise is 12 months.
 

8.2.  Customer claims for damages are excluded. This excludes any claims for damages on the part of the customer resulting from injury to life, body, health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages arising from an intentional or grossly negligent breach of obligation by the supplier, his legal representatives or servants. Significant contractual obligations are those whose fulfilment is necessary to achieve the target of the contract.
 

8.3.  For the rest liability is excluded. In particular, the Seller does not assume responsibility for materials provided by the customer or for suitability of other material for the supplied goods. With regard to the utilization of the goods, the rules of a good rigger are to be considered.
 

8.4.  Deviating hereof regarding used goods: Claims for defects are excluded if the defect does not occur until one year after delivery of the goods. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period.
 

8.5.  The shortening of the limitation period does not apply, for a product, which was not used, in accordance with its usual application, for building construction and which was the cause of the building's defectiveness, for claims for damages and reimbursement of expenses on the part of the Client, and

8.6.  if the Seller has fraudulently concealed the defect.
 

8.7.  The Client is asked to notify any obvious transport damages to the forwarding agent and to inform the Seller accordingly. Should the Client fail to comply therewith, this shall not affect his statutory or contractual claims for defects.

8.8.  Slacklining is a so-called “high risk sport”. The practicing of this sport in connection with the articles offered by us and/or the application of our techniques is thus at the users own risk. Neither the supplier nor the manufacturer of these products nor the authors of the techniques described herein can be held responsible for direct or indirect physical, consequential or incidental damages, injuries or losses resulting from practicing this sport in connection with our products and/or using the techniques described, especially if the user is practicing this sport in an improper or careless way.
 

8.9.  It is the duty of the Client to inform him or herself about the correct use of the material provided by the Seller. If the Client is unsure about a certain way of use he is obliged not to use the material supplied by the seller. Claims resulting from incorrect use (use in heights, use as Personal Protection Equipment, use around/near sharp objects, use to lift things up) are neglected.
 

 

 

9.  Applicable Law
 

9.1.  The law of the Federal Republic of Germany shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country, in which the consumer has his habitual residence.
 

9.2.  Furthermore, this choice of law regarding the right to cancel does not apply to consumers, who are not nationals of a member state of the European Union at the time of concluding the contract and whose exclusive domicile and delivery address is located outside of the European Union at the time of concluding the contract.

 

 

 

10.      Alternative dispute resolution
 

The EU Commission provides on its website the following link to the ODR platform: https://ec.europa.eu/consumers/odr.

This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.
 

The Seller is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.