All deliveries, services and offers of Planet Sports GmbH (hereafter PLANET SPORTS) through its Online Shop are undertaken exclusively on the basis of these General Terms and Conditions of Business. These form a part of all contracts that PLANET SPORTS enters into with customers for goods offered through the Online Shop. PLANET SPORTS does not acknowledge conflicting conditions on the part of customers, unless PLANET SPORTS has acknowledged the application of such conditions expressly in writing.
In the Online Shop you can order clothing and sporting goods online for personal use. Orders for commercial purposes are not permitted.
3. Contractual languages
German, English, Spanish, French, Italian and Dutch are the languages for this Contract.
4. Contract Conclusion / Transaction of Orders
The presentation of products in the Online Shop does not create a legally binding offer but merely constitutes a non-binding online catalogue.
By clicking the "Buy" button you are making a legally binding order. You will receive an immediate automated confirmation via e-mail detailing the receipt of your order. The purchase contract is only valid if confirmed by another e-mail explaining that the order has been shipped or if the order is dispatched. Before conclusion of the order transaction you will have access to a confirmation window showing the details of your order. With this window you can review and correct your entries.
Immediately after submitting your order you will receive an email confirmation of its receipt (order confirmation). However, this does not constitute acceptance of your order but merely is to inform you that we have received your order. A sales contract is entered into when Planet Sports sends an additional email confirming shipment of the goods (shipment confirmation) or that confirms the order. Your contract partner is Planet Sports GmbH.
At any time after submitting your order you can view order data at \"My Account.\"
5. Right of Return
5.1 Statutory Right of Return
Consumers (any natural person who concludes the contract for a purpose that is connected neither to his/her business activity nor to his/her self-employed activity, Sec. 13 German Civil Code - BGB) have a statutory right of return as described in the following instead of a statutory cancellation right:
Instruction for Return
Right of Return
You may return the goods received without stating any reasons for the return within 14 days by sending back the goods. The time limit begins upon receipt of this instruction in text form (e.g. as letter, telefax, e-mail), however not before the goods have been received by the recipient (in case of a recurring delivery of similar goods not before the first partial delivery has been received) and also not before we have fulfilled our information duties according to Article 246 Sec. 2 in connection with Sec. 1 paras. 1 and 2 Introductory Act to the German Civil Code (EGBGB) as well as our duties according to Sec. 312g para. 1 sentence 1 BGB in connection with Article 246 Sec. 3 EGBGB. Only in case of goods that cannot be shipped as a parcel (e.g. in case of bulky goods) you may also declare the return by way of a request for return in text form. The timely sending of the goods or of the request for return is sufficient for keeping the time limit. In any case the return is made at our cost and risk. The return or the request for return is to be sent to:
Request for return (summonable address):
Planet Sports GmbH
Telefax: 089 / 321649-150
The goods are to be returned to:
Return from Germany
Return from Austria
Return from Switzerland
Return from Belgium
Return from France
Return from Italy
Return from The Netherlandes
Return from Spain
Return from other countries
Consequences of a Return
In the event of an effective return, the goods and services and payments received by both sides are to be returned and possible benefits are to be surrendered. In case of deterioration of the goods and for utilisations (e.g. advantages from the use), which cannot be surrendered or cannot be surrendered in part or can only be surrendered in deteriorated condition, you have to compensate us insofar. You only have to compensate us for the deterioration of the goods and for utilisations made insofar as the utilisations or the deterioration are due to a handling of the goods which goes beyond checking the qualities and the functionality. "Checking the qualities and the functionality" means the testing and trying out of the respective goods as it is possible and usual, e.g. in a shop. Obligations to refund payments have to be fulfilled within 30 days. For you the time limit begins upon sending of the goods or of the request for return, for us upon receipt.
End of the Instruction for Return
Exclusion of the Right of Return
The right of return does not apply for distance contracts for the delivery of audio or video recordings or software insofar as the delivered data carriers have been unsealed by the consumer.
5.2 Additional Contractual Right of Return
Apart from the statutory right of return (cf. Number 5.1) we grant you an additional contractual right of return of 365 days in total from the receipt of the goods. The provisions stated in Number 5.1 apply accordingly for the exercise of this right, unless regulated otherwise in the following.
In deviation from the statutory right of return the beginning of the time limit of the contractual right of return exclusively depends on the receipt of the goods by the recipient. Excluded from the contractual right of return are foods (e.g. sport bars) and gift vouchers (vouchers which can be bought from us).
Your statutory rights, in particular your statutory right of return (cf. Number 5.1) and your warranty rights (cf. Number 10), remain fully unaffected by the above regulations.
6. Delivery / Shipping
Delivery will take place at the delivery address you have provided.
When possible you will receive your order in a single shipment. If separate shipments are necessary due to technical or logistical reasons, e.g. because the items you have ordered must be packed separately or shipped differently, this will not give rise to any additional costs on your part.
In the case of prepayment the delivery times provided are based upon payment of the money into our bank account.
7. Prices and shipping costs.
At the time an order is placed the prices listed apply. These prices are given in Euros and include the statutory VAT applicable at that time.
All listed prices do not include the cost of shipping (if any) - PLANET SPORTS ships for free within Germany and Austria. More information on shipping costs is to be found in the section on shipping conditions
Payment may be made by credit card, prepayment, PayPal, immediate bank transfer and cash on delivery. However, we reserve the right to refrain from offering certain types of payment in individual instances and to refer customers to other types of payment.
Further information on this topic is to be found in payment options
9. Reservation of title
Until full payment of the purchase price goods remain the property of PLANET SPORTS.
In the case of defects in delivered goods statutory rights apply.
11. Links/ Copyright
If PLANET SPORTS offers links to other Web sites, PLANET SPORTS hereby expressly notes that such links contain third-party content for which PLANET SPORTS undertakes no guarantee. The linked pages were examined for possible legal violations at the time they were linked, at which time none were detected. However, it is unreasonable to expect on-going supervision of linked sites without specific evidence. Upon obtaining knowledge of legal violations PLANET SPORTS will of course immediately eliminate the links in question.
Content protected by copyright, especially images, text, design, etc. may not be used without the prior written approval of PLANET SPORTS. This pertains especially to duplication or other publication.
12. Data protection
Your order and the data provided with it are stored by PLANET SPORTS. All data collected by us is exclusively used and processed in accordance with our data protection provisions
and in compliance with relevant data protection statutes.
13. Applicable law
The law of the Federal Republic of Germany applies to the exclusion of the CISG (United Nations Convention on Contracts for the International Sale of Goods =UN-Kaufrecht), unless mandatory international consumer law dictates otherwise.
14. Miscellaneous provisions
Should any of these provisions prove to be or become invalid, this does not affect the validity of the remaining provisions.
Last updated: 03.07.2012
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