General Terms and Conditions and Customer Information

General Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to contracts concluded with us as the provider (Carlos Aspiazu Velez) via the website bballtopia.de/. Unless otherwise agreed, any terms and conditions you use will not be incorporated.

(2) For the purposes of the following provisions, a consumer is any natural person who enters into a legal transaction for purposes that cannot be predominantly attributed to their trade or self-employed professional activity. An entrepreneur is any natural or legal person or body of persons with legal capacity that, when entering into a legal transaction, is acting in the course of their self-employed professional or trade activity.

§ 2 Conclusion of the Contract

(1) The subject matter of the contract is the sale of goods .

(2) By listing the respective product on our website, we are making you a binding offer to conclude a contract via the online shopping cart system on the terms and conditions specified in the product description. 

(3) The contract is concluded via the online shopping cart system as follows:
The goods you intend to purchase are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes at any time.
After clicking the "Checkout" or "Continue to Order"
  (or similar wording) button and entering your personal details as well as the payment and shipping terms, the order details will finally be displayed to you as an order overview.

If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as your payment method, you will either be taken to the order overview page in our online shop or redirected to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, you will make the corresponding selection or enter your details there. Finally, the order details will be displayed to you on the website of the instant payment system provider or after you have been redirected back to our online shop as an order overview.


Before submitting the order, you have the opportunity to review and change the details in the order overview again (also using the "back" function of the internet browser) or cancel the order.
By submitting the order via the corresponding button ("place order with obligation to pay", "buy" / "buy now", "place order with obligation to pay", "pay" / "pay now" or similar wording), you legally accept the offer, thereby concluding the contract.
 
(4) Your requests for a quote are non-binding for you. We will make you a binding offer in text form (e.g. by email), which you can accept within 5 days (unless a different period is specified in the respective offer).


(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract are carried out partly automatically by email. You must therefore ensure that the email address you have provided to us is correct and that the receipt of the emails is technically ensured.

§ 3 Contract Duration / Termination of Subscription Contracts

(1) The subscription contract concluded between you and us has an indefinite duration. The contract can be terminated by either party with one month's notice at the end of the month (unless otherwise provided in the respective offer).
 
(2) The right to terminate without notice for good cause remains unaffected.

(3) Any termination must be declared and submitted either in text form (e.g. email) or via the termination button integrated into our online presence (“terminate contracts here” or similar wording).

§ 4 Special Agreements on Offered Payment Methods

(1) Payment via "PayPal" / "PayPal Checkout"
If you select a payment method offered via "PayPal" / "PayPal Checkout", the payment will be processed by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" will be displayed to you under a correspondingly labeled button on our online presence as well as during the online ordering process. "PayPal" may use other payment services to process the payment; if special payment terms apply in this regard, you will be separately informed. Further information about "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.


(2) Payment via "Stripe"
If you select a payment method offered via "Stripe", the payment will be processed by the payment service provider Stripe Payments Europe Limited (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland; "Stripe"). The individual payment methods via "Stripe" will be displayed to you under a correspondingly labeled button on our online presence as well as during the online ordering process. "Stripe" may use other payment services to process the payment; if special payment terms apply in this regard, you will be separately informed. Further information about "Stripe" can be found at https://stripe.com/de.


(3) Payment via "Shopify Payments"
If you select a payment method offered via "Shopify Payments", the Shopify Payments service of Shopify International Limited (2nd Floor Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland), the payment will be processed by the payment service provider Stripe Payments Europe, Ltd. (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland; "Stripe"). The individual payment methods via Shopify Payments will be displayed to you under a correspondingly labeled button on our online presence as well as during the online ordering process. Stripe may use other payment services to process the payment; if special payment terms apply in this regard, you will be separately informed. Further information about Shopify Payments can be found at https://www.shopify.com/de/legal/terms-payments/de.


§ 5 Right of Retention, Reservation of Title

(1) You may only exercise a right of retention to the extent that it concerns claims arising from the same contractual relationship.

(2) The goods remain our property until full payment of the purchase price has been received.

§ 6 Warranty

(1) The statutory rights regarding liability for defects apply.

(2) As a consumer, you are asked to check the goods for completeness, obvious defects and transport damage upon delivery and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty rights.

(3) If a characteristic of the goods deviates from the objective requirements, the deviation is only deemed agreed upon if you were informed about it before submitting the declaration of acceptance and the deviation was expressly and separately agreed upon between the contracting parties.

§ 7 Choice of Law

(1) German law applies. For consumers, this choice of law only applies insofar as it does not deprive them of the protection granted by the mandatory provisions of the law of the state where the consumer habitually resides (principle of favorability).

(2) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.





II. Customer Information

1. Identity of the Seller

Carlos Aspiazu Velez
Friedrich-List-Straße 69
60386 Frankfurt am Main
Germany
Telephone: +4917630690935
Email: basketballhub.info@gmail.com



We are not prepared and are not obliged to participate in dispute resolution proceedings before consumer arbitration boards.

2. Information on the Conclusion of the Contract

The technical steps for concluding the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions "Conclusion of the Contract" in our General Terms and Conditions (Part I).

3. Contract Language, Storage of Contract Text

3.1. The contract language is German .

3.2. We do not store the full contract text. Before submitting the order via the online shopping cart system the contract data can be printed using the browser's print function or saved electronically. After we receive the order, the order data, the legally required information for distance contracts and the General Terms and Conditions will be sent to you again by email.

3.3. For requests for quotes outside the online shopping cart system, you will receive all contract data in the form of a binding offer in text form, e.g. by email, which you can print or save electronically.

4. Codes of Conduct

4.1. We have submitted to the quality criteria of the Käufersiegel of Händlerbund Management AG, which can be viewed at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf.

5. Essential Characteristics of the Goods or Services

The essential characteristics of the goods and/or services are found in the respective offer.

6. Prices and Payment Terms

6.1. The prices stated in the respective offers as well as the shipping costs represent total prices. They include all price components, including all applicable taxes.

6.2. The applicable shipping costs are not included in the purchase price. They can be accessed via a correspondingly labeled button on our online presence or in the respective offer, are separately stated during the ordering process and must be borne by you in addition, unless free shipping has been promised.

6.3. If delivery takes place to countries outside the European Union, additional costs not attributable to us may arise, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of the credit institutions), which are to be borne by you. 

6.4. Costs incurred for money transfer (transfer or exchange rate fees of the credit institutions) are to be borne by you in cases where delivery takes place to an EU member state, but the payment was initiated outside the European Union.

6.5. The payment methods available to you are stated under a correspondingly labeled button on our online presence or in the respective offer.

6.6. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due immediately.

7. Delivery Terms

7.1. The delivery terms, the delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our online presence or in the respective offer.

7.2. Where you are a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the sold item during shipping only passes to you upon delivery of the goods to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by the entrepreneur or any other person designated to carry out the shipment.

8. Statutory Liability for Defects

Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).

9. Contract Duration / Termination

Information on the duration of the contract as well as the termination conditions can generally be found in the provision "Contract Duration / Termination of Subscription Contracts" in our General Terms and Conditions (Part I) as well as in the respective offer.

These GTC and customer information were created by the IT law specialists of Händlerbund and are permanently checked for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. Further information on this can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.