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1 Scope and General Terms and Conditions
1.1 hese General Terms and Conditions of Sale apply to all purchases made by consumers within the meaning of Section 13 of the German Civil Code (BGB) from SPONSER EUROPE GMBH (hereinafter referred to as “SPONSER”, “we” or “us”). These Terms and Conditions of Sale shall also apply to all future transactions between the parties and shall also apply where we perform delivery of the goods in the knowledge of any differing or conflicting terms and conditions.
1.2 Separate Terms and Conditions apply to customers with special conditions and to entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB).
1.3 The product listings on www.sponser.de / www.sponser.at do not constitute a binding offer to enter into a contract of sale. The images shown on the website are for illustrative purposes only and are non-binding.
1.4 The information and explanations provided in product information sheets are for illustrative purposes only and are non-binding. SPONSER shall not be liable for any errors or inaccuracies relating to illustrations, dimensions, sizes, explanations or other content, unless caused by wilful misconduct or gross negligence.
1.5 Deliveries are made only to delivery addresses within the countries listed in sections 5.1 to 5.3, hereinafter referred to as the delivery area.
2 Delivery Terms and Contract Formation
2.1 Orders can be placed by telephone, email or via the online shop.
2.2 When you place an order via our online shop, the process is as follows:
By submitting an order via the online shop by clicking the “Place order” button, you are placing a legally binding order. You are bound by the order for a period of two (2) weeks from the date of submission; this does not affect your statutory right of withdrawal in accordance with clause 3
We will confirm receipt of your order placed via our online shop by email without delay. Such an email does not constitute a binding acceptance of the order, unless it expressly states acceptance in addition to confirming receipt.
A contract is only concluded once we have accepted your order by issuing a declaration of acceptance or by delivering the ordered items. If delivery of the goods you have ordered is not possible, for example because the relevant goods are out of stock, we will refrain from issuing a declaration of acceptance. In this case, no contract is concluded. We will inform you of this without delay and refund any payments already received without delay.
2.3 Deliveries are usually dispatched within two working days to the delivery address provided by the customer within the delivery area. Deliveries within Europe are usually handed over to DHL within three working days. Delivery times are subject to DHL’s terms and conditions.
2.4 If a delay in delivery becomes foreseeable, the customer will be notified. No claim for damages may be derived from a delay in delivery.
2.5 We shall be entitled to make partial deliveries, provided that this is reasonable for the customer.
3 Right of withdrawal
3.1 If you are a consumer (i.e. a natural person placing an order for a purpose that is not attributable to your commercial or self-employed professional activity), you are entitled to a right of withdrawal in accordance with the statutory provisions.
3.2 If, as a consumer, you exercise your right of withdrawal pursuant to Section 3.1 above, you shall bear the regular costs of returning the goods.
3.3 In all other respects, the provisions governing the right of withdrawal set out in detail in the following section shall apply.
--Right of Withdrawal Information--
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you, or a third party designated by you (other than the carrier), took possession of the goods.
To exercise your right of withdrawal, you must notify us
Sponser Europe GmbH,
Heuriedweg 30, DE-88131 Lindau,
info@sponser.de, Tel. 08382/260 2770
by means of a clear statement (e.g. a letter sent by post, a fax or an email) informing us of your decision to withdraw from this contract.
You may use the attached model withdrawal form (download the model withdrawal form here as a PDF file), although this is not mandatory. You may also complete and submit the model withdrawal form or another clear statement electronically via our website (www.sponser.de). If you make use of this option, we will send you confirmation of receipt of such a withdrawal without delay (e.g. by email).
To comply with the withdrawal period, it is sufficient for you to send your notification of exercising the right of withdrawal before the withdrawal period expires.
Consequences of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including delivery costs (with the exception of any additional costs arising from your choice of a delivery method other than the least expensive standard delivery offered by us), without undue delay and in any event no later than fourteen days from the day on which we receive notification of your withdrawal from this contract. We will make this reimbursement using the same payment method you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees as a result of this reimbursement. We may withhold reimbursement until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us or to (please insert, where applicable, the name and address of the person authorised by you to receive the goods) without undue delay and in any event no later than fourteen days from the date on which you notify us of your withdrawal from this contract. The deadline is met if you dispatch the goods before the end of the fourteen-day period.
You shall bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods if this loss in value is due to handling of the goods that is not necessary to establish their nature, characteristics and functioning.
End of Right of Withdrawal Information
3.4 The right of withdrawal does not apply to distance selling contracts.
3.4.1 for the supply of goods made to the customer’s specifications or clearly tailored to personal needs, or which by their nature are not suitable for return, or are liable to deteriorate rapidly, or whose expiry date would be exceeded,
3.4.2 for the supply of audio or video recordings or software, if the sealed media have been unsealed by you.
4 Prices, Payment and Retention of Title
4.1 You may pay the purchase price and shipping costs using any of the payment methods specified in clause 8.
4.2 For orders under EUR 25.00, a small-order surcharge of EUR 10.00 may be charged.
4.3 Prices are stated in EUR (€), inclusive of VAT, and exclusive of shipping costs. Offers are non-binding and subject to change. We reserve the right to correct errors and to amend offers and prices at any time without prior notice. Discounts may not be combined.
4.4 Shipping costs are stated in our online shop and set out in section 5 below. The total price, including VAT and any applicable shipping costs, is also displayed on the checkout page before you submit your order.
4.5 If we fulfil your order by partial deliveries, you will only be charged shipping costs for the first delivery. If partial deliveries are made at your request, shipping costs will be charged for each delivery.
4.6 In the case of orders placed by customers whose place of residence or business is located abroad, or where there are reasonable grounds to assume a risk of non-payment, we reserve the right to deliver only upon receipt of the purchase price and shipping costs (advance payment reservation). If we make use of this right to require advance payment, we will inform you without undue delay. In such case, the delivery period shall commence upon receipt of payment of the purchase price and shipping costs.
4.7 If you validly withdraw from the contract in accordance with clause 3, you may, subject to the statutory conditions, claim reimbursement of any shipping costs already paid for delivery to you (initial delivery costs) (see clause 3 for further consequences of withdrawal).
4.8 As the customer, you may only exercise a right of retention if your counterclaim arises from the same sales contract. You are not entitled to set off your claims against our claims unless your counterclaims have been finally adjudicated or are undisputed. You are also entitled to set off against our claims if you assert claims for defects or other counterclaims arising from the same sales contract.
4.9 The goods supplied remain our property until the purchase price has been paid in full.
5 Delivery charges
5.1 The following shipping costs apply depending on the net order value:
|
Country |
Net order value |
Shipping costs |
|
Germany |
up to € 70.00 |
€ 4.95 |
|
from € 70.00 |
taken over by SPONSER |
|
|
Austria |
up to € 100.00 |
€ 6.00 |
|
from € 100.00 |
taken over by SPONSER |
|
|
Belgium, France, Italy, Croatia, Luxembourg, the Netherlands, Poland and the Czech Republic |
up to € 100.00 |
€ 8.95 |
|
from € 100.00 |
taken over by SPONSER |
|
|
Norway |
up to € 150.00 (Minimum order value of € 80.00) |
€ 15.00 |
|
from € 150.00 |
taken over by SPONSER |
|
|
other European countries |
up to € 150.00 |
€ 10.00 |
|
from € 150.00 |
taken over by SPONSER |
5.2 Any surcharges for outlying areas will be notified in advance. Delivery to countries not listed here is available only on request.
5.3 SPONSER bears the risk of loss or damage in transit until the goods are delivered to the customer.
6 Customs duties and import tax
6.1 Import duties and taxes may apply for deliveries outside the EU and shall be borne by the customer. These vary depending on the customs territory. Such charges are not considered shipping costs.
6.2 VAT is not shown on deliveries to non-EU countries.
6.3 Sponser Europe GmbH generally delivers within the EU. Orders from outside the EU may be directed to Sponser Europe GmbH:
Sponser Europe GmbH, Heuriedweg 30, DE-88131 Lindau
Tel. +49 (0) 8382 260 277 0, Email:
info@sponser-europe.com
7 Defects, Warranty, Withdrawal
7.1 Warranty: We are liable for material defects or defects of title in delivered goods in accordance with the applicable statutory provisions. The limitation period for statutory claims for defects is two years and begins upon delivery of the goods.
7.2 Any seller’s warranties provided by us for specific items, or any manufacturer’s warranties granted by the manufacturers of specific items, shall apply in addition to claims for material defects or defects of title within the meaning of paragraph 1. Details of the scope of such warranties are set out in the warranty terms and conditions, which may be enclosed with the items.
7.3 Right of withdrawal. If individual items in a delivery are damaged, this does not automatically entitle the customer to withdraw from the entire contract or return the complete delivery. Replacement claims are limited to the damaged items only.
8 Payment Methods
8.1 SPONSER offers the customer the following payment options:
· Advance Payment:
Bank details will be provided with the order confirmation. Payment must be made within 10 days of receipt of the order confirmation. Otherwise, we reserve the right to cancel the order and withdraw from the contract. Goods will be dispatched only after receipt of payment.
· Credit cards
Mastercard and Visa.
The credit card will be charged upon dispatch of the goods.
· PayPal:
Use of this payment method requires a PayPal account (www.paypal.de). PayPal may offer additional payment options not listed here.
Digital payments are processed via Shopify Payments using SSL encryption.
8.2 SPONSER does not charge any additional fees, regardless of the payment method.
9 Privacy Policy and Disclaimer regarding Google Analytics
9.1 SPONSER operates in accordance with the provisions of the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG).
9.2 Click on the following link for a detailed and up-to-date description: Privacy Policy
9.3 If you have any further questions regarding the collection, processing and use of personal data, please contact SPONSER at info@sponser-europe.com or on +49 (0) 8382 260 277 0.
10 Copyright
10.1 The text, images, animations, presentations and videos contained on SPONSER’s website and in its online shop, as well as their design, are the intellectual property of SPONSER.
10.2 All design features, including the layout and structure of the website, are protected by copyright and other relevant laws.
10.3 Copying, distributing, modifying or passing on the content to third parties for commercial purposes is not permitted.
10.4 The use of any content requires the prior written consent of SPONSER.
10.5 All other company names, brand names and trademarks are the property of their respective manufacturers and are used solely for identification purposes.
11 Disclaimer
11.1 SPONSER points out that, due to differing legal interpretations and regulatory practices across countries, no guarantee can be given regarding the legal compliance of advertising materials.
11.2 All texts have been compiled to the best of our knowledge and belief. Any use of publications or wording from the SPONSER website or SPONSER information sheets is entirely at your own risk.
11.3 The download and use of any programs, files or data is at the customer’s own risk. SPONSER shall not be liable for any damage caused by accessing or downloading such data, (i.e., computer viruses, malware or other technical defects.)
11.4 External links: SPONSER accepts no liability for internet links leading to external websites. SPONSER has no influence over the accuracy or presentation of such content (text or media formats) and accepts no liability whatsoever.
11.5 SPONSER’s liability for damages arising from ordinary negligence, regardless of the legal basis, is limited as follows:
· In the event of a breach of material obligations arising from the contractual relationship, SPONSER’s liability shall be limited to the amount of damage that was typically foreseeable at the time the contract was concluded.
· SPONSER shall not be liable for breaches of non-material contractual obligations. Material contractual obligations are those obligations whose fulfilment is essential for the proper performance of the contract and on whose fulfilment the customer may reasonably rely.
· Our liability in cases of wilful misconduct and gross negligence, as well as for damages resulting from injury to life, limb or health, and under the Product Liability Act, remains unaffected by the above limitations and exclusions of liability.
The customer shall take appropriate measures to prevent and mitigate damage.
12 Company Details / Seller Identification
You may contact us as follows:
Sponser Europe GmbH
Heuriedweg 30
D-88131 Lindau
Phone. +49 (0) 8382 260 277 0
Email
info@sponser-europe.com
Postbank:
IBAN: DE32 7001 0080 0706 8228 05
BIC: PBNKDEFF
Sparkasse Memmingen-Lindau-Mindelheim
IBAN: DE98 7315 0000 0010 7395 14
BIC: BYLADEM1MLM Kto: 107 395 14
BLZ: 731 500 00
Managing directors authorised to represent Sponser Europe GmbH:
Nathalie Kubli and Paul Hiestand
Company Register: Kempten Registration number: HRB 9118
VAT identification number in accordance with Section 27a of the German Value Added Tax Act: DE 248 251 475
13 Place of performance
13.1 The place of performance is DE-88131 Lindau, Heuriedweg 30, at Sponser Europe GmbH.
13.2 In the case of generic goods, the risk of performance lies with the debtor (for example, when shipping via a parcel delivery service such as DHL or UPS).
13.3 Our parcel delivery partner DHL also delivers to parcel lockers (Packstations). Please check with DHL using the details provided by DHL and your tracking number.
14 Applicable law and jurisdiction
14.1 The law of the Federal Republic of Germany shall apply, excluding the German Act on the International Sale of Goods (IPRG) and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
14.2 The Local Court of Lindau/B shall have exclusive jurisdiction, insofar as this is permitted by law.
15 Final Provisions
15.1 Should any provision of these General Terms and Conditions be invalid, the remainder of the contract shall remain valid.
15.2 The relevant statutory provisions shall apply in place of the invalid provision.
15.3 Dispute resolution: The European Commission has set up an online platform for the resolution of disputes. The platform serves as a point of contact for the out-of-court resolution of disputes concerning contractual obligations arising from online sales contracts. Further information is available at the following http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
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