General Terms and Conditions of Vikings Hockey Seidinger & Loy GbR for Business Customers (B2B)
§ 1 Scope and provider
(1) These General Terms and Conditions apply to all orders placed with the online store of
Vikings Hockey Seidinger & Loy GbR
Hintere Gasse 24
D-91785 Pleinfeld
Managing Director:
Johannes Seidinger
Bastian Loy
to do this.
(2) The range of goods in our online store is aimed exclusively at buyers who have reached the age of 18 and are to be regarded as entrepreneurs within the meaning of § 14 (1) BGB.
(3) Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The General Terms and Conditions of Business shall therefore also apply to companies for all future business relations, even if they are not expressly agreed again. The inclusion of general terms and conditions of a customer which contradict our general terms and conditions is hereby already contradicted.
(4) Contract language is exclusively German.
(5) You can download the currently valid General Terms and Conditions on the
Call up and print out the website https://www.vikings-hockey.com.
§ 2 Conclusion of contract
(1) The presentation of goods in the online store does not constitute a binding application for the conclusion of a sales contract. Rather, it is a non-binding request to order goods in the online store.
(2) By clicking the button ["buy" / "order now for payment"] you submit a binding offer to purchase (§ 145 BGB).
(3) After receipt of the purchase offer you will receive an automatically generated e-mail confirming that we have received your order (confirmation of receipt). This confirmation of receipt does not yet represent an acceptance of your purchase offer. A contract is not yet concluded by the confirmation of receipt.
(4) A purchase contract for the goods shall only be concluded if we expressly declare acceptance of the purchase offer or if we send the goods to you - without prior express declaration of acceptance.
§ 3 Prices
(1) The prices shown in this store are final prices plus shipping costs. In the sense of §19 UStG no sales tax is raised and therefore not shown.
§ 4 Terms of payment; default
(1) The payment is optionally made by:
Invoice by advance payment, credit card, Paypal.
(2) The choice of the available payment methods is up to us. In particular, we reserve the right to offer you only selected payment methods, e.g. to secure our credit risk only prepayment.
(3) If you choose the payment method prepayment, we will give you our bank details in the order confirmation. The invoice amount is to be transferred to our account within 10 days after receipt of the order confirmation.
(4) When paying by credit card, the purchase price will be reserved on your credit card at the time of ordering (authorization). The actual debiting of your credit card account takes place at the time we ship the goods to you.
(5) If you are in arrears with a payment, you shall be obliged to pay the statutory interest on arrears in the amount of 9 percentage points above the base interest rate. You are also entitled to payment of a lump sum of 40 euros. We reserve the right to claim further damages.
§ 5 Set-off/right of retention
(1) You are only entitled to a right of set-off if your counterclaim has been legally established or is not disputed or acknowledged by us or is in a close synallagmatic relationship with our claim.
(2) You may only exercise a right of retention if your counterclaim is based on the same contractual relationship.
§ 6 Delivery; Retention of title
(1) Unless otherwise agreed, the goods will be delivered at your request from our warehouse to the address you specify.
(2) We reserve title to the goods until all claims arising from the current business relationship have been settled in full. Before transfer of ownership of the goods subject to retention of title, pledging or transfer of ownership by way of security is not permitted.
(3) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that accrue to you from the resale. We accept the assignment, but you are authorized to collect the claims. As far as you do not meet your payment obligations properly, we reserve the right to collect claims ourselves.
(4) If the reserved goods are combined and mixed, we shall acquire co-ownership of the new object in the ratio of the invoice value of the reserved goods to the other processed objects at the time of the
(5) We undertake to release the securities to which we are entitled upon request insofar as the realisable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released shall be at our discretion.
§ 7 Warranty
Unless expressly agreed otherwise, your warranty claims are based on the legal provisions of the law on sales (§§ 433 ff. BGB) with the following modifications:
- Only our own information and the manufacturer's product description are binding for the quality of the goods, but not public praise and statements and other advertising by the manufacturer.
- You are obliged to examine the goods immediately and with due care for deviations in quality and quantity and to notify us of obvious defects within 7 days of receipt of the goods. The punctual dispatch is sufficient to meet the deadline. This also applies to hidden defects discovered later from discovery. In case of violation of the obligation to examine and to give notice of defects, the assertion of warranty claims is excluded.
- In the case of defects, we shall provide warranty at our discretion either by repair or replacement (supplementary performance). In the case of rectification of defects, we do not have to bear the increased costs incurred by taking the goods to a place other than the place of performance, unless the transfer corresponds to the intended use of the goods.
- If the supplementary performance fails twice, you may at your option demand a reduction in price or withdraw from the contract.
- The warranty period is one year from delivery of the goods. This limitation does not apply to claims based on damages resulting from injury to life, body or health or from the breach of a material contractual obligation, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligation), nor to claims based on other damages which are based on an intentional or grossly negligent breach of duty by the user or his vicarious agents.
§ 8 Liability
(1) Unlimited liability: We are liable without limitation for intent and gross negligence and in accordance with the Product Liability Act. In the case of slight negligence, we shall be liable for damages resulting from injury to life, body and health of persons.
(2) The following limited liability shall otherwise apply: In the case of slight negligence, we shall only be liable in the event of a breach of a material contractual obligation, the fulfilment of which is essential for the proper execution of the contract and on the observance of which you may regularly rely (cardinal obligation). Liability for slight negligence is limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. Limitation of liability also applies in favour of our vicarious agents.
§ 9 Final provisions
(1) Should one or more provisions of these GTC be or become invalid, the validity of the other provisions shall not be affected.
(2) German law shall apply exclusively to contracts between us and you, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN Sales Convention").
(3) If you are a merchant, a legal entity under public law or a special fund under public law, our registered office shall be the place of jurisdiction for all disputes arising from or in connection with contracts between us and you.
General Terms and Conditions of Vikings Hockey Seidinger & Loy GbR for private customers (B2C)
§ 1 Validity towards entrepreneurs and definitions of terms
(1) The following General Terms and Conditions of Business apply to all deliveries between us and a consumer in the version valid at the time of the order.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity (§ 13 BGB).
§ 2 Conclusion of a contract, storage of the contract text
(1) The following regulations concerning the conclusion of the contract apply to orders via our Internet store http://www.vikings-hockey.com .
(2) In the event of the conclusion of the contract, the contract is concluded with
Vikings Hockey Seidinger & Loy GbR
Hintere Gasse 24
D-91785 Pleinfeld
Managing Director:
Johannes Seidinger
Bastian Loy
is achieved.
(3) The presentation of the goods in our internet store does not represent a legally binding offer of contract on our part, but is only a non-binding invitation to the consumer to order goods. By ordering the desired goods, the consumer submits a binding offer to conclude a purchase contract.
The acceptance of the offer is made in writing or in text form or by sending the ordered goods within 20 working days. After fruitless expiration of this period, the offer is considered rejected.
(4) Upon receipt of an order in our internet store, the following regulations apply: The consumer submits a binding contract offer by successfully completing the ordering procedure provided in our Internet store.
The order is placed in the following steps:
1) Selection of the desired goods
2) Confirm by clicking the "Order" buttons
3) Check the information in the shopping cart
4) Press the button "to checkout
5) Login to the Internet store as a guest or after registration and entering the login details (e-mail address and password).
6) Re-examination or correction of the respective entered data.
7) Binding dispatch of the order by clicking the button "order with costs" or "buy".
Before the binding sending of the order, the consumer can return to the website where the customer's details are recorded and input errors are corrected or the order process is cancelled by closing the Internet browser by pressing the "Back" button in the Internet browser used by the consumer after checking his details. We will confirm the receipt of the order immediately by an automatically generated e-mail (confirmation of receipt). This does not yet represent an acceptance of the offer. The acceptance of the offer is made in writing, in text form or by sending the ordered goods within 20 working days.
(5) Storage of the contract text for orders via our internet store : We store the contract text and send you the order data and our terms and conditions by e-mail. You can also view the AGB at any time at http://www.vikings-hockey.com. You can view your past orders in our customer area under My account --> My orders.
§ 3 Prices, shipping costs, payment, maturity
(1) The prices shown in this store are final prices plus shipping costs. In the sense of §19 UStG no sales tax is raised and therefore not shown.
(2) The consumer has the possibility of payment in advance, PayPal, credit card (Visa, Mastercard).
(3) If the consumer has chosen payment in advance, he is obliged to pay the purchase price immediately after conclusion of the contract.
§ 4 Delivery
(1) Unless we have clearly stated otherwise in the product description, all items offered by us are ready for immediate shipment. The delivery takes place here at the latest within 7 working days. In the case of payment in advance, the period for delivery begins on the day after the payment order to the bank commissioned with the transfer and for all other types of payment on the day after the contract is concluded. If the end of the period falls on a Saturday, Sunday or public holiday at the place of delivery, the period shall end on the next working day.
(2) The risk of accidental loss and accidental deterioration of the goods sold shall not pass to the Buyer until the goods are handed over to the Buyer, even in the case of mail order purchases.
§ 5 Retention of title
We reserve the right of ownership of the goods until the purchase price has been paid in full.
Source: agb.de
Status: 17.09.2020