1. Area of application
1.1 DEPICE Kampfsportartikel, Ulmenstr. 41, 26384 Wilhelmshaven (DEPICE), delivers exclusively according to these terms and conditions. The customer's terms and conditions of purchase shall be expressly excluded.
1.2 A consumer in terms of these conditions is a natural person who enters into a legal transaction for purposes, which cannot be assigned to their business or self-employed professional activity. A trader is a natural or legal person whose transaction aims at the purposes of their professional activity.
2. Contracting party
The customer's of the contract is with:
DEPICE Kampfsportartikel, Claude Weiland,
Ulmenstr. 41, 26384 Wilhelmshaven. Deutschland
USt-IdNr: DE 117886593, holder: Claude Weiland
Sales resulting from orders in our online webshop via internet or other online services have the meaning of a concluded purchase agreement according to §433 German civil code.
In case of questions, complains or returns, you can contact us on Mondays throughThursdays 9-12 AM and 2-5 PM CET and on Fridays 9-12 AM at +49 4421 400 80 20 and by E-Mail at firstname.lastname@example.org.
3. Differing conditions of the customer
These terms and conditions apply exclusively for any purchase agreement between the customer and DEPICE. If the customer's terms are differing in a general or specific sense, they shall not become terms of the agreement, even if there are not explicitly objected. (§ 1.1) The only exception is DEPICE accepting the customer's differing terms explicitly in writing.
4. Offer and conclusion of contract
The range of articles is non-binding. The presentation of the products in our online shop is not a legally binding offer, but a non-binding online catalog. By clicking the "buy now" button you are placing a binding order for the items included in the shopping cart. The order reception is confirmed by mail straight after order placement and does not conclude a purchase contract. DEPICE can accept the order by sending an order confirmation or delivering the items within 5 days.
5. Wording of the contract
DEPICE saves the contract wording and send the order data and the terms and conditions by E-mail to the customer. The customer can also review the terms and conditions here. Previous orders can be reviewed in the online login.
6. The right to cancel
You do have the right to cancel this contract within fourteen days without specifying the reason for cancellation. You have six weeks to cancel from the date you or any third person assigned by you who was not the shipper has or had accepted the ordered product or several products.
To exercise your cancellation right, you simply inform us (DEPICE Kampfsportartikel, Ulmentstr. 41, 26384 Wilhelmshaven, Germany, telephone +49 4421 400 80 20, fax +49 4421 400 80 25, e-mail: email@example.com) of your decision to cancel the contract by sending a clear statement (e.g. a letter send by postal service, fax or e-mail). You can use the attached cancellation template; however, it is not required for you to use.
To comply with the cancellation period, it is sufficient to send the cancellation notice prior to the expiration of the cancellation period.
Consequences of the cancellation
If you cancel this contract, we must repay all payments received from you including shipping charges (with the exception of any additional costs incurred as a result that you have selected another type of delivery method than the least expensive standard shipment method offered by us) immediately and no later than within fourteen days from the date we received your notice of cancellation of the contract. We will repay your money in the same manner you have applied during the original transaction unless otherwise expressly agreed with you. Under no circumstances will we charge you any fees for the repayment. We can refuse repayment until we receive the returned products or until you have proven that you have returned the products depending on whatever date comes first.
You have to return or hand back the merchandise immediately to us (DEPICE) and in any case, no later than within fourteen days from the date on which you have notified us of your cancelling the contract. You have complied with the deadline if you ship the products prior to the expiration of fourteen days.
Cancellation form template
If you would like to cancel the contract, please fill out this form and and send it back to us. (*) Discard what does not apply
To DEPICE Kampfsportartikel, Claude Weiland, Ulmenstr. 41, 26384 Wilhelmshaven, Germany, E-Mail: firstname.lastname@example.org:
I/we (*) hereby cancel the contract concluded by me/us (*) regarding the purchase of the following items:
Ordered on (*)/received on (*)
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only for notifications on paper)
DEPICE is only liable for direct damages occurring to the merchandise according to the following terms. The liability for indirect damages and losses to the customer's property is excluded. DEPICE is further only liable in the case of intention or gross negligence.The preceeding liability exclusion does not apply to the liability restriction regarding damages resulting from injuries of life, body or health based on negligent or intentional breach of duty by a legal representative or vicarious agent of DEPICE. Furthermore, the liability disclaimer does not apply in cases of bad faith, acceptance of a guarantee in written form or compulsory legal liability.
8. Costs and shipping charges
8.1 The prices listed on our website are in Euro and include the VAT; postage and packing is excluded tough (in the trader login, VAT, postage and packing are excluded).
8.2 Shipping charge for deliveries within Germany is 5,50 € per order. Consumers can get free shipping if the merchandise value exceeds 35,00 €.
8.3 Credit vouchers sent to the customer need to be redeemed within 2 years from the issue date.
9. Delivery time
The delivery time is 1-2 working days after order receipt, or 1-2 working days after payment receipt in the case of prepayment.
9.1 Partial shipments are allowed as far as they can be reasonably imposed to the customer.
9.2 If the shipment is delayed by DEPICE and the customer has unsuccessfully set a reasonable deadline for the subsequent delivery, he can withdraw from the purchase agreement. Damage claims are excluded, unless DEPICE or its vicarious agents have acted intentionally or grossly negligent.
9.3 Unscheduled events out of the responsibility of DEPICE, like energy shortfall, delay with the shipment of important components or materials, import delays, traffic or operational disruptions, strikes, lockouts or force majeure increase the delivery time. If DEPICE is not able to fulfill the delivery even after a reasonable delivery time extension, both the customer and DEPICE have the right to withdraw from the purchase agreement. Damage claims by the customer are excluded.
10. Shipment and transfer of perils
The ex works or ex stock shipment shall be carried out at the customer's expense. The mode and route of dispatch are decided upon by DEPICE. All risk of peril shall be transfered to the customer with the handover of the merchandise to the delivery service, if the order is placed by a trader, and with the handover to the consumer, if the order is placed by a consumer.
If not agreed upon otherwise, invoices of DEPICE shall be paid immediately due net. In case of payment delay, DEPICE has the right to charge consumers with a default interest of 5 percentage points and traders with a default interest of 8 percentage points above the currently valid base rate. After receiving your payment, the merchandise is dispatched as soon as possible. Custom made products and items printed or modified in any manner require prepayment.
Right of compensation
The right of compensation would be entitled to the client if the counterclaim is legally determined and undisputed or if formally recognized by DEPICE.
You can only exercise the right of revocation if the demands made result from the same contractual relationship.
12. Reservation of property rights
DEPICE retains the title until the purchase price has been fully paid. The customer may sell goods subject to retention of title only as part of common course of business and according to normal terms and conditions. Claims from resales shall be transfered to DEPICE and shall be assigned already now to DEPICE by the customer.
13.1 The warranty period starts with the shipment of the merchandise and is based upon legal terms. If the customer or a third party undertakes any repairs or modifications on the delivered item without written permission of DEPICE, the warranty voids. Sentence 2 shall not apply, if the customer proves that the deficits in question did not result from the modifications made by him or a third party.
13.2 The limitation period for legal defect or damage claims is limited to two years, if the customer is a consumer.
13.3 If the customer is a trader, the limitation period for legal defect or damage claims is limited to one year, and DEPICE can choose to repair the defect or replace the items by undamaged ones as supplementary performance. Apparent item or service defects have to be immediately announced in written for, not later than 14 days after receipt. If defects are not announced in time, the merchandise shall be considered approved.
13.4 DEPICE does not furnish any guarantee for common wear and tear of the merchandise or for defects resulting in its inappropriate or negligent usage or exceptional operating conditions. DEPICE warrants the sold merchandise being free of material or production defects and of the contracted quality. Any return shall include a copy of the original invoice in order to make quick handling possible.
13.5 If DEPICE is willing to replace undamaged merchandise as a gesture of goodwill, the return shipment costs shall be paid by the customer. The following items are generally excluded from replacement: Books, groin, breast and mouth guards, vidoes and dvds, trophies and custom-made products.
14. Final clauses
14.1 The law of the Federal Republic of Germany applies exclusively.
14.2 If the customer is a trader, an entity/customer incorporated under (German) public law or a special(ized) agency subject to (German) public law, the exclusive place of juristiction for all conflicts resulting from or related to this contract shall be Wilhelmshaven. The same rule shall apply if the customer does not have a general place of juristiction in the Federal Republic of Germany or if his place of residence or habitual residence is unknown at the point of commencement of a suit.
14.3 Oral subsidiary agreements shall not persist. Modifications and additions to this agreement need to be put in written form. Should any individual provisions in the above options terms be or become invalid, either in part or in full, or impracticable, the content of the agreement shall comply with statutory provisions.