General Terms and Conditions

1. Scope

The internet shop "www.tenniswarehouse-europe.com" is operated by Sports Warehouse GmbH, Am Ziegelplatz 15, 77746 Schutterwald, Commercial Register: District Court Freiburg HRB 702149, Managing Director: D. Cory Springer (hereinafter, referred to as: "Tennis Warehouse"). As far as the business relationship between Tennis Warehouse and the customer is concerned, only below stated general terms and conditions apply in its valid version at the time the order is placed. Any differing terms from the part of the customer will not be recognized and are hereby expressly objected to.

2. Contract Conclusion

2.1 The product descriptions in the web shop of Tennis Warehouse Europe are not binding offers of the seller, but serve the purpose of a binding offer by the customer.

2.2 An order can be placed at Tennis Warehouse Europe as follows:

• via the internet page www.tenniswarehouse-europe.com
• by telephone, via calling our customer service:
  • German: +49 (0) 781 28 406 100
  • French: +33 (0) 9 70 73 03 56
  • English: +44 (0) 204 525 3604
  • Italian: +39 (0) 2 479 21 251
  • Spanish: +34 911 237 101
  
  
• by fax: +49 (0)781 28 406-400
• or by mail to the address listed below

In any case, an order is only possible if the customer has identified himself prior by his e-mail address or some other form of personal information.

2.3 If minors want to place an order at Tennis Warehouse Europe, the approval of their legal guardian is required.

2.4 By placing an order, the customer places a binding offer to conclude a sales contract. Tennis Warehouse will then send him/her a confirmation of receipt of the order via e-mail. This e-mail only serves as non-binding information to the customer. A contract between Tennis Warehouse and the customer only comes into existence, when:

• Tennis Warehouse Europe sends an order confirmation per e-mail to the customer, or
• Tennis Warehouse Europe ships the ordered items to the customer, or
• Tennis Warehouse Europe asks the customer for payment after he/she placed his/her order

3. Right of withdrawal

Consumers have a statutory right of withdrawal as follows, whereby a consumer is any natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to his commercial nor his self-employed professional activity.

3.1 Instruction for withdrawal

You have the right to revoke this contract within fourteen days without giving reasons.

The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took or has taken possession of the last goods.

To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter send by post, telefax or e-mail). You can use the attached sample revocation form, which is not mandatory.

The order termination is to be sent to:

By letter send by post:
Sports Warehouse GmbH - Tennis Warehouse
Am Ziegelplatz 15,
77746 Schutterwald, Germany

By e-mail:
German: information.de@tenniswarehouse-europe.com
French: information.fr@tenniswarehouse-europe.com
English: information.en@tenniswarehouse-europe.com
Italian: informazione.it@tenniswarehouse-europe.com
Spanish: informacion.es@tenniswarehouse-europe.com

By Phone:
German: +49 (0) 781 28 406 100
French: +33 (0) 9 70 73 03 56
English: +44 (0) 204 525 3604
Italian: +39 (0) 2 479 21 251
Spanish: +34 911 237 101

By Fax: +49 (0)781 28 406-400

In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the revocation period.

3.2 Consequences of withdrawal

If you revoke this Agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we receive notice of your revocation of this Agreement for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us), including any additional costs incurred by you as a result of your choice of such a method of delivery. For this refund we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to refund until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is earlier.

You must return the goods to us immediately and in any case within fourteen days of the day on which you notify us of the withdrawal of this contract at the latest. This period shall be deemed to have been met if you dispatch the goods before expiry of the period of fourteen days.

We bear the costs of returning the goods. You shall only be liable for any loss in value of the goods if such loss in value is due to handling of the goods which is not necessary for testing their condition, properties and functionality.

3.3 Sample withdrawal form

If you want to cancel the contract, please fill out this form and send it back.

Withdrawal Form

4. Delivery

4.1 Tennis Warehouse Europe will inform the customer via email, when order is shipped. In exceptions (especially if the products are out of stock or if bulk goods are being ordered) there can be a difference of up to 15 business days between receipt of payment and delivery.

4.2 If the products selected by the customer are not available at the time the order is placed, Tennis Warehouse will inform the customer upon receipt of the order. If there is a possible delivery delay of more than two weeks, the customer will be informed about the delay and has the right to cancel his order.

5. Ownership of Goods

The products remain the property of Tennis Warehouse until they have been fully paid for. If third parties claim access to conditional property (for example via garnishment) the customer immediately has to notify Tennis Warehouse.

6. Prices and Shipping Costs

6.1 All prices are issued in Euros and contain the respectively applicable value added tax determined by law. Depending on the order amount and the final destination, additional shipping costs may apply. The products will be shipped tax free as far as all deliveries outside of the European Union are concerned. However, the customer is required to declare the goods in the country they are being shipped to.

7. Forms of Payment

7.1 We accept the following forms of payment:

• Bank Transfer:
  • German Bank Details: Volksbank Offenburg,
    Account Name: Sports Warehouse Gmbh
    Account Number: 12344406; Bank Code: 66490000;
    IBAN : DE69 6649 0000 0012 34 4406
    BIC: GENODE61OG1
    Bank Name and Location: Volksbank, Offenburg.
• Credit Card (VISA, American Express and MASTERCARD). Your data will be transferred encrypted in the SSL (Secure Socket Layer) standard. At present, SSL is the most popular and secure data transmission system on the internet.
• PAYPAL. Please note: PayPal refunds made more than 60 days after the original payment are considered new payments and regular PayPal fees for receiving money will incur. Tennis Warehouse Europe will refund the value of the product returned; the total amount of money received will reflect the refund less any PayPal fees.
• KLARNA. In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment methods. Payment is to be made to Klarna.
  • Pay later/Pay in 14 days:
    This payment option is currently available in Germany and Austria. The payment period is 14 days from shipment of the goods. You can find the complete terms and conditions for the markets where this payment method is available here: Germany, Austria
  • Slice It:
    This payment option is currently available in Germany and Austria. With the financing service from Klarna you can pay your purchase in flexible or fixed monthly installments according to the conditions stated in the checkout. The installment payment is due at the end of each month after submission of a separate monthly invoice by Klarna. Further information regarding Slice It including terms and conditions and Standard European Consumer Credit Information you can find here for the markets where this payment method is available: Germany, Austria
  • Direct banking/Sofort:
    This payment option is currently available in Germany, Austria and Switzerland. Your account will be debited directly after placement of your order.
    
    The payment methods Pay later/Pay in 14 days and Slice It are only available in case of a positive credit assessment. For this purpose, during the order process and handling of your purchase, we forward your data for an address and credit check to Klarna. We can only offer you the payment methods available based on the result of the credit check. General information about Klarna and the user terms per country can be found at klarna.com
    
    Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarna's privacy statement.
    
    
• COD: The customer directly pays the postman upon receipt of the products. COD payment is available only for orders for Germany and France and under certain conditions. Only for orders placed by phone or e-mail. There will be an additional COD fee.

Please contact us by e-mail or by telephone, if you have questions pertaining to payment methods for orders outside of Germany.

7.2 With the exception of COD, delivery of the ordered goods only occurs after payment has been received by Tennis Warehouse (prepayment).

8. Defect Warranty, Guarantee

8.1 Tennis Warehouse is liable for defects in accordance with the respective legally applicable regulations, particularly section 434 et seq. BGB.

8.2 Guarantee only exists with regard to the goods shipped by Tennis Warehouse if this has been expressly stated in the order confirmation of the respective product.

8.3 Starting with the delivery, the time bar for rights to claim damages for any defects amounts to 12 months for companies and to 24 months for consumers.

9. Liability

9.1 Tennis Warehouse is fully liable

• with regard to culpable injury to life, body or health

• if and to the extent of liability in accordance with the product liability law and

• if and to the extent Tennis Warehouse violates a warranty based on a contract and legal requirements call for liability

9.2 Tennis Warehouse is liable in accordance with the legal requirements if it violates key contractual obligations. Unless Tennis Warehouse acts grossly negligent or intentionally causes damages, liability is limited to typically occurring foreseeable damages. Key contractual obligations are obligations which determine the typical purpose of the contract, and whose completion only enables the proper execution of the contract and the contractual partner can rely on them being adhered to on a regular basis.

9.3 Tennis Warehouse is only liable for any other violations of obligations if the damage was caused intentionally or due to gross negligence by a legal representative or auxiliary person.

9.4 Unless something different is stated above, claims for damages against Tennis Warehouse resulting from violations of obligations are excluded.

10. Links to our website

Every hyperlink to the website www.tenniswarehouse-europe.com requires prior written approval by Sports Warehouse GmbH. If you have any questions, please send them via e-mail to information.en@tenniswarehouse-europe.com.

11. Applicable Law, Jurisdiction

11.1 The law of the Federal Republic of Germany applies, excluding the UN-Agreement with regard to the international purchase of goods.

11.2 If the order is placed by a business man, a legal representative of public law or it is a public special asset, jurisdiction for all disputes resulting from contractual relationships between the customer and Tennis Warehouse is Offenburg, Germany.