Terms of service

General terms and conditions

1. Scope of Application

These General Terms and Conditions (GTC) apply to all orders placed via our online shop by consumers and businesses.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. A business is a natural or legal person or a legally recognised partnership that, when concluding a legal transaction, acts in the exercise of its trade, business or profession.

For business customers, the following applies: If the business uses conflicting or supplementary general terms and conditions, their validity is hereby expressly rejected; they shall only become part of the contract if we have expressly agreed to them.

2. Contracting Party, Conclusion of Contract, Correction Options

The purchase contract is concluded with Sportkind – Nadine Lux und Gabi Windisch GbR.

The presentation of products in our online shop does not constitute a legally binding offer but rather a non-binding online catalogue. You can place our products in your shopping basket without obligation and amend your entries at any time prior to submitting your binding order by using the correction tools provided and explained during the ordering process. By clicking the order button, you are submitting a binding offer for the goods contained in the shopping basket. Confirmation of receipt of your order is sent by email immediately after the order has been submitted.

We accept your offer within two days by either:

  • sending a declaration of acceptance in a separate email, or

  • dispatching the goods, or

  • initiating the payment transaction via our payment service provider or the selected payment method. The point in time at which the payment transaction is initiated depends on the payment method chosen (see "Payment").

The applicable alternative for you is determined by whichever of these events occurs first.

For deliveries to Switzerland and Liechtenstein, the purchase contract is concluded between the buyer and MeinEinkauf AG, St. Gallen (CHE-331.561.017 VAT). This company is also responsible for customs clearance, invoicing, and delivery within Switzerland. These services are included in the purchase price and any shipping fees charged. For transparency and to ensure smooth delivery, please note that MeinEinkauf GmbH, based in Konstanz, Germany (DE285677365), is also involved in the supply chain. No additional costs will arise for the buyer as a result.

3. Contract language, saving of the contract text

The language(s) available for concluding the contract: German, English

We save the text of the contract and forward the order data and our Terms and Conditions to you on a durable medium. You may also view the text of the contract in our customer login area.

4. Delivery conditions

In addition to the stated product prices, shipping costs will be added. You can find more details about the shipping costs in the respective offers.

You can also collect your goods from our SPORTKIND store in Augsburg, located directly at the Rathausplatz. Simply select the “Self-collection” delivery method during the checkout process. You will receive an email once your order is ready for collection. You can then pick up your goods from Tuesday to Saturday, between 10:00 am and 6:00 pm, at Philippine-Welser-Straße 5.
In the event of a complete return of all items from an order placed from Switzerland or Liechtenstein, the originally charged shipping costs will not be refunded.

5. Payment

The following payment methods are basically available in our online shop.

Advance payment
If you select advance payment we provide you with our bank details in a separate e-mail and deliver the goods on receipt of funds.

Credit Card
You provide your credit card details during the ordering process. Your card will be charged immediately after placing your order.

PayPal, PayPal Express
In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, legitimise yourself with your access data and confirm the payment instruction. The payment transaction will be processed by PayPal after placing the order. You will receive further instructions during the ordering process.

ShopPay
ShopPay is an accelerated checkout that allows you to save your email address, credit card details, and shipping and billing information. This can save you time when completing the checkout process, especially if you have already signed up for shopPay in a Shopify shop. The following information is stored and securely encrypted for your future purchases: email, delivery address, billing address, credit card details and mobile phone number.

SOFORT by Klarna
In order to pay the invoice amount via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment instruction. Your account will be charged immediately after placing the order. You will receive further instructions in the ordering process.

Google Pay
In order to pay the invoice amount via the payment service provider Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland ("Google"), you have to be registered with the service provider Google, must have activated the Google Pay function, identify yourself with your access data and confirm the payment order. The payment transaction will be carried out directly after submission of your order. Further information can be found during the ordering process.

Apple Pay
In order to pay the invoice amount via the payment service provider Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA ("Apple"), you must use the "Safari" browser, be registered with Apple, have activated the Apple Pay function, legitimise yourself with your access data and confirm the payment instruction. The payment transaction is processed immediately after placing the order. You will receive further information in the ordering process.

giropay / paydirekt
In cooperation with the payment service provider paydirekt GmbH, Stephanstr. 14-16, 60313 Frankfurt a. M ("giropay" or "paydirekt") we offer the payment methods giropay and paydirekt

giropay
In order to pay the invoice amount via giropay, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment instruction. Your account will be debited immediately after placing the order. You will receive further instructions in the ordering process.

paydirekt
In order to be able to pay the invoice amount via paydirekt, you must have a bank account activated for online banking, be registered with paydirekt, identify yourself with your access data and confirm the payment instruction. The payment transaction will be processed immediately after placing the order. You will receive further instructions in the ordering process.

Amazon Pay
In order to pay the invoice amount via the payment service provider Amazon Payments Europe S.C.A. 38 avenue J.F. Kennedy, L-1855 Luxembourg ("Amazon"), you must be registered with Amazon, legitimise yourself with your access data and confirm the payment instruction. The payment transaction will be processed within one banking day after the order is placed. A banking day is any working day except Saturdays, national public holidays and 24th and 31st December each year. You will receive further information in the ordering process.

Klarna
In cooperation with the payment service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden ("Klarna") we offer you the following payment options. Payment via Klarna is only available to consumers. Unless otherwise specified below, payment via Klarna requires a successful address and credit check and is made directly to Klarna. Further information is provided with the respective payment option and in the ordering process.

Purchase on account via Klarna
The invoice amount is due 14 days after shipping the goods and receipt of the invoice.

Cash payment on collection
You may pay the invoice amount in cash on collection.

6. Right to cancel

Consumers are entitled to the statutory right to cancel, as described in the instructions on the right to cancel. Businesses are not granted any voluntary right to cancel.

7. Retention of title

The goods shall remain our property until full payment is made.
For businesses, the following applies additionally: We reserve ownership of the goods until complete settlement of all claims arising from a current business relationship. You may resell reserved goods in ordinary business operations; you shall assign any claims arising from this resale – irrespective of connecting or mixing of the reserved goods with a new item - in the amount of the invoice amount to us in advance, and we accept this assignment. You remain authorised to collect the claims; however, we may likewise collect the claims ourselves, should you fail to fulfil your payment obligations. We shall release the securities to which we are entitled at your request to the extent that the realisable value of the securities exceeds the value of the open claims by more than 10%.

8. Damage during delivery

For consumer the following applies: If the goods are delivered with obvious damage caused during delivery, please report the defect to the carrier and notify us without delay. Failure to make a complaint or to make contact does not in any way affect your legal rights or the enforcement of such rights, notably your warranty rights. However, in doing so you help us to assert our own claims against the carrier or transport insurer.

Applicable to businesses: The risks of accidental loss or deterioration of the goods will transfer to you once we have submitted the item to the haulier, carrier or other contractor for forwarding to the defined person or establishment.

9. Warranty and Guarantees

9.1 Statutory Liability for Defects

Unless expressly agreed otherwise below, the statutory provisions on liability for defects shall apply.

The following limitations and reductions in limitation periods shall not apply to claims for damages caused by us, our legal representatives or vicarious agents:

  • in the event of injury to life, limb or health,

  • in the event of intentional or grossly negligent breach of duty or fraudulent intent,

  • in the event of a breach of essential contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on which the contractual partner may regularly rely (so-called cardinal duties),

  • under any guarantee given, where applicable, or

  • where the scope of application of the Product Liability Act (Produkthaftungsgesetz) is concerned.

Limitations for Business Customers
For business customers, only our own statements and the manufacturer’s product descriptions that have been incorporated into the contract shall be deemed binding with regard to the condition of the goods. We accept no liability for public statements made by the manufacturer or other advertising content.

For business customers, the limitation period for claims based on defects in newly manufactured goods is one year from the transfer of risk.

The statutory limitation periods for the right of recourse under § 445a BGB remain unaffected.

Regulations for Merchants
For merchants, the obligations to inspect and give notice of defects set out in § 377 of the German Commercial Code (HGB) shall apply. If the customer fails to comply with the notification requirement set out therein, the goods shall be deemed to have been approved, unless the defect was not recognisable during the inspection. This does not apply if we have fraudulently concealed the defect.

9.2 Guarantees and Customer Service

Information on any additional applicable guarantees and their precise terms can be found in the respective product description and on dedicated information pages in our online shop.

Customer service: You can reach our customer service team for any queries from Monday to Thursday between 8:30 am and 4:30 pm, and on Fridays between 8:30 am and 3:30 pm by calling +49 (0)821 319 499 12 or at any time via email at kundenservice@sportkind.de.

10. Liability

We shall be liable without limitation for claims arising from damages caused by us, our legal representatives or vicarious agents

  • in the event of injury to life, body or health,

  • in the event of intentional or grossly negligent breach of duty,

  • under any guarantees we may have provided, where agreed, or

  • where the scope of application of the Product Liability Act applies.

In the event of a breach of essential contractual obligations, the fulfilment of which enables the proper execution of the contract in the first place and on the observance of which the contracting party may regularly rely (cardinal obligations), our liability in cases of slight negligence by us, our legal representatives or vicarious agents shall be limited to the foreseeable damage that typically occurs under such contracts.

All other claims for damages are excluded.

11. Online dispute resolution

The European Commission provides a platform for online dispute resolutions (ODR) which can be accessed at https://ec.europa.eu/consumers/odr/. The competent body in this matter is: Online-Streitbeilegung Nationale Kontaktstelle Deutschland, Bahnhofsplatz 3, 77694 Kehl, Deutschland, http://ec.europa.eu/consumers/odr/.

12. Final provisions

If you are a business, German law applies, to the exclusion of the UN Sales Convention.

If you are a "Kaufmann" within the meaning of the German Commercial Code (HGB), public-law legal entity or special public-law fund, the exclusive legal jurisdiction for all disputes from contractual relationships between us and you is our registered office.