General terms and conditions

1. Scope of application

All Orders, services and offers performed by the Planet Sports GmbH (from now on PLANET SPORTS) shall be carried out solely on the basis of the following General Terms and Conditions. These terms and conditions are integral part of all the contracts of any item in the online shop made between PLANET SPORTS and the customer. We shall not accept provisions in derogation of these terms unless they have been confirmed by PLANET SPORTS in writing.


2. Services

You can order online clothes as well as sport articles in our online shop for private use only. You may not place any order for commercial purposes.


3. Contractual languages

Contractual languages are German, English, Spanish, French and Italian.


4. Contract conclusion / Order transaction

The product description in the online shop is not a legal binding product offering but a non-binding online catalogue.
By entering his data and clicking the ordering button at the final step of the ordering process the seller places a binding ordering of the chosen goods. For this a confirmation window with your ordering details will open before ending the ordering process. There you can supervise and modify your order data.
After placing your order PLANET SPORTS will send an email to the customer that confirms that the order was received (Order Confirmation). The Order Confirmation does not yet constitute a binding contract of sale; it is merely for your information, to let you know that we have received your order. A binding contract of sale shall come into being when PLANET SPORTS confirms the product shipping (Shipping Confirmation) or acknowledges the order with a 2nd email. Your contractual partner is Planet Sports GmbH.
You can check anytime your order data after placing the ordering in 'My account'.


5. Return policy

As a consumer (every natural person, who concludes the contract for a purpose that cannot be connected to neither her commercial nor her independent professional occupation, § 13 BGB), you have the right to return the received items under the following conditions mentioned-below. The deadline for returning goods is 365 days, notwithstanding the legal deadline of returning goods that is 14 days. Details to your right of return can be found below the headline "Return instructions".

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RETURN INSTRUCTIONS

RIGHT OF RETURN

You can return the received goods without giving reasons within 365 days by returning said goods. These return instructions will be conveyed in text form in a separately sent notice following your order placement.

The period for returning goods begins at the earliest with the receipt of the instruction for the right of withdrawal in text form (e.g. in a letter, fax or e-mail) but not before the receipt of the item (in case of periodical delivery of the same item not before the receipt of the first delivery) and not before complying with our information duty according to art. 246 sec. 2 in conjunction with sec. 1 subsection. 1 and 2 EGBGB (Introductory Act to the German Civil Law) and also not before complying with our duties according to sec. 312g, subs. 1, clause 1 BGB (German Civil Law) in conjunction with art. 246 sec. 3 EGBGB. You can place your return request in text form only in case of non package transportable items (e.g. bulky goods). To ensure keeping the term, send the goods or your return request within the term. The return will be made by all means at seller's risk and expense.

Please send the goods or your return request to:

Planet Sports GmbH
Machtlfinger Straße 27
81379 Munich
Germany

Fax: +49 (0) 89 / 321649 - 150
eMail: support@planet-sports.com

RETURN CONSEQUENCES

In the event of an effective return, the goods and payments received by both parties must be returned and if applicable any benefits derived must be restored. In the case of deterioration of the goods and for utilization (e.g. benefits of use) that cannot be returned to us in full or in part or only in an impaired condition, you are obliged to pay us compensation for lost value. You are only obliged to pay us compensation for lost value for deterioration of the goods and received benefits in as far as the utilization or deterioration is exclusively due to the features and correct functioning of the goods having been examined. "Examination of the features and function" is defined as testing and trying out of the respective goods in such a way as would be possible and common practice in a shop. The duty of restitution shall be fulfilled within 30 days. The period commences for the buyer after returning the item or sending the return request, and it begins for Planet Sports after receiving said item.

EXCLUSION OF RIGHT OF RETURN:
Right of return or cancellation shall not be applied to distance contracts to supply audio- or videotaping or software as far as they have been unsealed.

END OF THE RETURN INSTRUCTIONS

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EXCLUSION OF RIGHT OF RETURN:

Right of return or cancellation shall not be applied to distance contracts to supply audio- or videotaping or software as far as they have been unsealed.

6. Delivery/ Transportation

The item will be delivered to the customer's given address. You will get your item, if possible, in only one package via DHL. There are no additional costs if your order requires a separate delivery due to technical or logistic reasons because of e.g. containing items that have to be packed separately or delivered in different ways.
The mentioned delivery times by orders paid by cash in advance apply upon receipt of payment.


7. Pricing and delivery costs.

Prices are valid as shown on the website when the order is processed. All prices are in euros and include the applicable sales tax (V.A.T).
Delivery costs are added extra. Free shipping for orders over 40, 00 € within Germany.
You will find more information in the shipping policy section.


8. Payment

You can choose between the following payment methods:

Paying with credit card
You can easily pay with the following credit cards: Visa, American Express and MasterCard. The amount of the order will be charged onto the credit card right after placing the order. The data transfer is encrypted by making use of a secure SSL-transmission.

Paying by cash on delivery
Place your order and we ship the item via DHL by cash on delivery. The invoice sum will be cashed at the delivery by DHL for ready money or with a Eurocheque. There is an additional fee of 5, 50 € incurred by cash on delivery (3, 50 € cash on delivery fee + 2 € delivery charge). Paying by cash on delivery is only possible for German customers.

Payment in advance through bank transfer
Pay easily by cash in advance and save the cash on delivery fee costs. Simply transfer the stated sum to our bank account.


Payment through PayPal
Another payment method available is PayPal, which allows you safe, simple and fast payments.

You will find more information in the payment policy section


9. Retention of Title

The goods are and remain property of PLANET SPORTS until the complete payment of the invoice sum is made.


10. Warranty

The current legal rights will be applied in case of a defect in the delivered item. Claim for damages are in turn bound to the special provisions in section 11.

The warranty is effective for a period of two years and begins upon delivery of the goods. During this time all defects will be removed at no cost if they are subject to the statutory warranty duty.

In a situation that is within the scope of the warranty the customer first has a claim to subsequent performance (a choice between elimination of defects or substitute delivery). If the type of substitute performance chosen by the customer is not possible or can only be achieved at a disproportionate cost, then the claim is limited to the other type of substitute performance. If this also proves to be impossible or can only be achieved at a disproportionate cost, then Planet Sports GmbH is entitled to refuse to undertake subsequent performance. In this case or in the case where substitute performance should prove unsuccessful, then the customer can, in accordance with the statutory provisions, choose between reduction of the purchase price or rescission of the contract.


11. Liability

Customer claims for compensation are irrespective of their cause in law excluded - unless otherwise herein after called arisen.
The present limitation of liability does not apply in case of personal injury, of wilful or grossly negligent damage or of a violation of essential contractual obligations. It further does not apply as far as guaranteed characteristics of state have been made or a claim is established in accordance with the German Product Liability Act (Produkthaftungsgesetz)

In the case of negligence causing the violation of essential duties arising from the contract, PLANET SPORTS shall be liable for property damages up to a maximum of the amount foreseeable for this kind of contract.

Liability is limited or excluded for legal representatives or assistants of PLANET SPORTS, as far as this applies to PLANET SPORTS.


12. Links/ Copyright

PLANET SPORTS' website may contain links to other sites in the Internet. PLANET SPORTS points out specifically that these sites are owned by third parties and that PLANET SPORTS has no responsibility for the content of such web sites. PLANET SPORTS checked for statutory violations in the content of the above mentioned sites at the time of its linking and no such infringement could be found. A periodical supervision of the linked sites without any palpable indication is not reasonable. However, any infringement report will lead PLANET SPORTS to delete the respective links immediately.
You may not use, duplicate or republish in particularly the copyrighted content included in this Site (especially texts, pictures, graphics, design, etc.) without express written permission from PLANET SPORTS.


13. Duty of secrecy and security

The orders as well as the personal information given by the customers will be recorded by PLANET SPORTS.
All data captured by us is exclusively used and processed by us within the framework of the applicable data protection laws according to our data protection provisions


14. Applicable Law

These terms and conditions shall be governed by and construed in accordance with the laws of the Federal Republic of Germany and under exclusion from the UN sales law - unless opposed by any obligatory international consumer protection law.


15. AOB (Any other Business)
Should individual clauses in these conditions be or become invalid, the validity of the other clauses or the other parts of such clauses shall remain unaffected.

Last updated: 05.09.2011


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