General Terms & Conditions

§ 1 Scope of application

(1) These General Terms and Conditions (hereinafter "GTC") apply to all contracts, deliveries and services concluded with the customer (hereinafter "Buyer") via the online shop of Clubmartin (hereinafter "Seller").

(2) Our offer is directed exclusively at entrepreneurs within the meaning of § 14 BGB (German Civil Code), i.e. natural or legal persons or partnerships with legal capacity who, when entering into a legal transaction, act in the exercise of their commercial or independent professional activity.

(3) Deviating, conflicting or supplementary general terms and conditions of the Buyer shall only become part of the contract if the Seller has expressly agreed to their application in writing. This requirement of consent shall apply in any case, even if the Seller carries out the delivery without reservation while being aware of the Buyer's general terms and conditions.

(4) Individual agreements made with the Buyer in the specific case (including ancillary agreements, supplements and amendments) shall always take precedence over these GTC. A written contract or the written confirmation of the Seller shall be authoritative for the content of such agreements.

§ 2 Contracting parties and conclusion of contract

(1) The presentation of products in the online shop constitutes a binding offer to conclude a purchase contract. By submitting the order via the order button, the Buyer accepts the offer. The purchase contract is concluded at this moment.

(2) Immediately after submitting the order, the Buyer receives an automatic order confirmation by e-mail summarising the contents of the contract and containing these GTC in text form.

(3) The Seller is entitled to refuse acceptance of the order within five (5) business days of receipt, in particular after a credit check or in the event of unavailability of the goods. In this case no contract shall be concluded; any payments already made will be refunded without delay.

§ 3 Contract language and storage of contract text

(1) The contractual language is exclusively German. All contractual documents, correspondence and terms and conditions are drawn up in German. Translations are provided for information only; the German version shall always be authoritative.

(2) The text of the contract is stored in the Seller's systems. The Buyer receives the complete order data including these GTC together with the order confirmation in text form by e-mail. In addition, the GTC can be accessed and downloaded via the online shop at any time.

§ 4 Prices and shipping costs

(1) All prices stated in the online shop are net prices in Euros and are exclusive of the statutory value added tax (VAT) applicable at the time, as well as any shipping costs, packaging costs and surcharges. Shipping costs and any additional costs are shown separately and transparently in the ordering process before the order is finalised.

(2) The prices valid at the time of the order shall apply. The Seller reserves the right to change prices at any time. Price changes shall not apply to orders that have already been concluded.

(3) The Seller expressly reserves the right to contest the contract in the case of obvious pricing errors (e.g. incorrect entries, technical transmission errors). In such a case, the Buyer will be informed without delay and any payments already made will be refunded.

(4) In the case of continuous supply relationships or framework agreements, the Seller is entitled to make price adjustments in the event of demonstrably increased purchasing, material or logistics costs with a notice period of four (4) weeks. In this case, the Buyer shall have a special right of termination effective at the time the price change takes effect.

§ 5 Payment terms

(1) The Buyer has the payment methods shown in the online shop at his disposal (e.g. prepayment, credit card, PayPal, purchase on account). The Seller reserves the right to exclude or restrict certain payment methods in individual cases following a credit check or for legitimate reasons.

(2) Where purchase on account is granted, the invoice amount is due for payment without deduction within fourteen (14) days of the invoice date and receipt of the goods, unless deviating payment terms have been agreed in writing in individual cases.

(3) If the Buyer is in default of payment, the Seller is entitled to demand default interest at a rate of nine (9) percentage points above the respective base interest rate of the European Central Bank in accordance with § 288 para. 2 BGB. The right to claim further damages caused by default remains reserved.

(4) For each reminder issued after default has occurred, a reminder fee of EUR 5.00 will be charged, unless the Buyer proves that no damage or substantially lower damage has been incurred. The flat-rate claim for a minimum damage in accordance with § 288 para. 5 BGB (currently EUR 40.00) remains unaffected.

(5) The Buyer is only entitled to a right of retention insofar as his counterclaim is based on the same contractual relationship and has been legally established or is undisputed.

§ 6 Delivery terms

(1) Delivery shall be made to the delivery address provided by the Buyer during the ordering process. Shipping is generally carried out within the European Union. Deliveries to third countries require a separate agreement.

(2) Stated delivery times are non-binding standard delivery times and shall begin – subject to deviating agreements – upon conclusion of the contract, but in the case of payment by prepayment only upon receipt of full payment by the Seller. The Seller shall inform the Buyer without delay if the expected delivery time is significantly delayed.

(3) Partial deliveries are permissible insofar as they are reasonable for the Buyer and no deviating agreement has been made. Any additional shipping costs incurred as a result of partial deliveries shall be borne by the Seller, unless the partial delivery is made at the express request of the Buyer.

(4) In the case of mail-order purchase, the risk of accidental loss and accidental deterioration of the goods shall pass to the Buyer upon handover of the goods to the carrier, freight forwarder or other person or institution designated to carry out the shipment (§ 447 BGB). This applies irrespective of whether the shipment is made from the place of performance or who bears the freight costs.

(5) If the Buyer is in default of acceptance or breaches other duties to cooperate, the Seller is entitled to claim compensation for the damage incurred, including any additional expenses (e.g. storage costs).

§ 7 No right of withdrawal (B2B)

(1) Our offer is directed exclusively at entrepreneurs within the meaning of § 14 BGB. A statutory right of withdrawal for consumers therefore expressly does not exist.

(2) Any goodwill arrangements regarding returns result exclusively from § 8 of these GTC (Returns) and do not establish any legal claim for future orders.

§ 8 Returns

(1) Returns may be registered within fourteen (14) days of receipt of the goods via the Seller's returns portal. Returns without prior registration and approval via the returns portal will not be accepted and will be sent back at the Buyer's expense.

(2) The goods must be returned in their original packaging, complete and in perfect condition. The Buyer bears the costs of the return shipment.

(3) For regular returns (i.e. without defect of the goods), the Seller charges a processing fee of 25% of the net value of the goods. The Buyer receives a credit note amounting to 75% of the net value of the returned goods. The credit note will be offset against the next open invoice or refunded upon request.

(4) Excluded from return are goods that have been manufactured, cut or individually composed according to customer specifications, as well as hygiene items with a broken seal.

§ 9 Complaints and notice of defects

(1) The Buyer is obliged to inspect the goods carefully and without delay after delivery. Obvious defects and quantity discrepancies must be reported to the Seller in text form (e-mail is sufficient) within five (5) business days of delivery. Hidden defects must be reported without delay upon discovery, but at the latest within the warranty period.

(2) The Buyer's duty to inspect and give notice of defects is governed by § 377 HGB (German Commercial Code). If timely notice is not given, the goods shall be deemed approved. In this case, the assertion of warranty claims due to the defect not reported is excluded.

(3) No processing fee shall be charged in the case of justified complaints. In this case, the Seller shall bear the costs of the return shipment. The Seller shall decide at its sole discretion whether subsequent performance shall be carried out by way of rectification or replacement delivery.

(4) If subsequent performance fails after a reasonable period or after the second attempt, the Buyer may, at his option, demand a reduction of the remuneration (reduction) or rescission of the contract (withdrawal).

§ 10 Retention of title

(1) The delivered goods remain the property of the Seller until all claims arising from the ongoing business relationship have been paid in full (extended retention of title).

(2) The Buyer is obliged to treat the reserved goods with care. In particular, he is obliged to insure them at his own expense to a sufficient extent against fire, water and theft damage at the replacement value.

(3) In the event of conduct by the Buyer in breach of contract – in particular default of payment – the Seller is entitled to withdraw from the contract and demand the return of the goods. The Buyer is obliged to return the goods.

§ 11 Warranty

(1) The statutory warranty rights for defects apply with the following restrictions.

(2) Vis-à-vis entrepreneurs, the warranty period is one (1) year from delivery of the goods. This reduction of the period does not apply to claims for damages arising from injury to life, body or health, or from damage caused by the Seller through gross negligence or wilful intent.

(3) Used goods are sold under exclusion of any warranty, insofar as this is legally permissible. This is pointed out separately in the respective offer.

§ 12 Limitation of liability

(1) The Seller shall be liable without limitation for damages resulting from injury to life, body or health caused by an intentional or negligent breach of duty by the Seller or its legal representatives or vicarious agents.

(2) The Seller shall furthermore be liable without limitation for damages caused by intentional or grossly negligent conduct of the Seller or its legal representatives or vicarious agents.

(3) In the event of a slightly negligent breach of essential contractual duties (cardinal duties), the Seller's liability shall be limited in amount to the damage typical for the contract and foreseeable at the time of conclusion of the contract. Essential contractual duties are those whose fulfilment makes the proper execution of the contract possible in the first place and on whose observance the Buyer may regularly rely.

(4) Liability for a slightly negligent breach of non-essential contractual duties is excluded.

(5) Liability is – except in the cases of paragraphs 1 and 2 – limited in amount to the typical value of the contract, but to a maximum of EUR 50,000.00 per case of damage. This also applies to lost profit and missed savings.

(6) The above limitations of liability do not apply to claims under the German Product Liability Act, in cases of fraudulent concealment of defects, or where a guarantee for the condition of the goods has been assumed.

(7) Insofar as the Seller's liability is excluded or limited, this also applies to the personal liability of its employees, workers, staff, representatives and vicarious agents.

§ 13 Assignment and set-off

(1) The assignment of claims of the Buyer against the Seller to third parties is excluded without the prior written consent of the Seller, unless the Buyer proves a legitimate interest in the assignment or it concerns a monetary claim.

(2) The Buyer may only set off claims of the Seller against counterclaims which are undisputed or have been legally established. This does not apply to counterclaims of the Buyer arising from the same contractual relationship.

§ 14 Data protection

(1) The Seller collects and processes personal data of the Buyer exclusively within the framework of the applicable data protection regulations, in particular the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG).

(2) Detailed information on the nature, scope and purpose of data collection and processing, as well as on the rights of the Buyer as a data subject, can be found in our privacy policy, which can be accessed at any time via the online shop.

(3) The Buyer is obliged to keep the data stored on file (in particular billing and delivery address, e-mail address, VAT identification number) up to date.

§ 15 Jurisdiction and applicable law

(1) The law of the Federal Republic of Germany shall apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG) and to the exclusion of private international law.

(2) The exclusive place of jurisdiction for all disputes arising from or in connection with the contractual relationship shall be Hamburg, provided that the Buyer is a merchant within the meaning of the HGB, a legal entity under public law or a special fund under public law. The Seller is also entitled to sue at the Buyer's general place of jurisdiction.

§ 16 Severability clause

(1) Should individual provisions of these GTC be or become invalid or unenforceable in whole or in part, the validity of the remaining provisions shall not be affected thereby.

(2) In place of the invalid or unenforceable provision, the valid and enforceable regulation shall be deemed to have been agreed whose effects come closest to the economic objective pursued by the contracting parties with the invalid or unenforceable provision. The above provisions shall apply accordingly in the event that the GTC prove to contain gaps.

(3) The same shall apply if a gap requiring supplementation becomes apparent during the performance of the contract.