I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you enter into with us, the supplier (COSPO ART GMBH), via our online shops.
(2) Unless otherwise agreed, the inclusion of any terms and conditions of your own that you may use is hereby excluded.
(3) A ‘consumer’ is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor related to their self-employed professional activity. A business operator is any natural or legal person, or a partnership with legal capacity, which, when entering into a legal transaction, is acting in the course of its independent professional or commercial activity.
§ 2 Formation of the Contract
(1) The subject matter of the contract is the sale of goods.
(2) The presentation of products in our online shops does not constitute a legally binding offer, but rather a non-binding invitation to place an order.
(3) You may initially add products to your basket without obligation and may check or amend your details at any time before submitting your order, or cancel the ordering process.
(4) By submitting your order via the ‘Place order (subject to payment)’ button, you are making a binding offer to conclude a contract of sale.
(5) Receipt of your order will be automatically confirmed by email. This automatic confirmation of receipt does not yet constitute acceptance of your offer.
(6) The contract is only concluded once we have expressly accepted your order, confirmed dispatch of the goods or delivered the goods.
(7) Should an ordered item be unavailable or unable to be delivered for technical, production-related or other reasons, we will inform you immediately. In this case, any payments already made will be refunded.
(8) Individual offers that we make to you outside the online shop, for example by email, may be accepted within the time limit specified therein. If no time limit is specified, the offer is valid for five days.
(9) The processing of the order and the transmission of all necessary information are carried out partly automatically via email. You must ensure that the email address you have provided to us is correct and that receipt is not prevented by spam filters.
§ 3 Customised goods, team and club products
(1) Where you order customised goods, for example products featuring names, team names, logos, special colours, special dimensions or other personalised details, you are responsible for providing us with the necessary information and files in a timely, complete and correct manner.
(2) You warrant that the texts, names, logos, designs, files and other content you provide do not infringe the rights of third parties and do not contravene any legal provisions.
(3) You shall indemnify us against any claims by third parties brought against us on the basis of content, files or design specifications provided by you, insofar as you are responsible for the infringement.
(4) As a matter of principle, we do not check content provided by customers for legal admissibility, accuracy of content, spelling mistakes or other errors. However, we are entitled to refuse or not to carry out orders if there are concrete indications of unlawful, infringing or unreasonable content.
(5) In the case of bespoke or personalised goods, a right of withdrawal applies only to the extent required by law. Further information on this can be found in our cancellation policy.
(6) Minor production-related variations in colours, positioning, dimensions or material appearance may occur, provided they are customary in the trade and reasonable. The colours displayed on screens may differ from the actual product colour.
§ 4 Prices, Payment and Delivery
(1) All prices are inclusive of statutory value added tax, where applicable. Any additional delivery charges will be shown separately in the relevant online shop.
(2) The available payment methods, delivery times and delivery restrictions are set out in the information provided in the relevant online shop.
(3) Unless otherwise agreed, payment is due upon conclusion of the contract.
(4) In the case of consumers, the risk of accidental loss and accidental deterioration of the goods shall not pass to the consumer until the goods have been handed over to the consumer or to a person authorised to receive them.
§ 5 Retention of title
The goods remain our property until full payment has been made.
§ 6 Right of withdrawal and electronic withdrawal function
(1) Consumers are entitled to a statutory right of withdrawal in accordance with our withdrawal policy.
(2) The cancellation policy, the model cancellation form and information on our electronic cancellation function can be found on the relevant page of the online shop’s website.
(3) You may also exercise your right of cancellation via the electronic cancellation function. The withdrawal function can be accessed via the ‘Withdraw from contract’ button.
(4) If you use the electronic withdrawal function, we will confirm receipt of your withdrawal without delay on a durable medium, for example by email.
§ 7 Liability for defects
(1) The statutory rights regarding liability for defects apply.
(2) Consumers are asked to report any obvious transport damage to the delivery company as soon as possible and to inform us. Failure to comply with this request does not affect your statutory rights.
(3) For business customers, the statutory obligations to inspect goods and give notice of defects apply.
§ 8 Governing Law and Jurisdiction
(1) German law shall apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In relation to consumers, this choice of law shall apply only insofar as it does not restrict the protection afforded by mandatory statutory provisions of the country in which the consumer has their habitual residence.
(2) If the customer is a trader, a legal person governed by public law or a special fund under public law, the place of jurisdiction shall be our registered office.
1. Seller’s details
COSPO ART GMBH
Föhrenhang 17
14552 Michendorf
Germany
Telephone: +49 33205 607960
Email: [mail@cospoart.de](mailto:mail@cospoart.de)
For shop-related enquiries, you may also use the contact details provided on the relevant website.
2. Information on the conclusion of the contract
The technical steps for concluding the contract, the conclusion of the contract itself and the options for correction are set out in Section 2 of these Terms and Conditions.
3. Language of the contract and storage of the contract text
(1) The language of the contract is German.
(2) We do not make the contract text permanently available online. Before submitting your order, you may print out your order details or save them electronically.
(3) Upon receipt of your order, you will receive the order details by email.
4. Essential characteristics of the goods
The essential characteristics of the goods are set out in the relevant product description in the online shop.
5. Prices, delivery charges and payment methods
(1) The prices stated in the relevant online shop include statutory VAT, where applicable.
(2) Any additional delivery charges are shown separately in the relevant online shop.
(3) The available payment methods are specified in the relevant online shop.
(4) Payments are due immediately, unless expressly agreed otherwise.
6. Delivery Terms
(1) Delivery times, delivery methods and any delivery restrictions are set out in the relevant online shop.
(2) If an item you have ordered is unavailable or cannot be delivered, we will inform you immediately. In this case, any payments already made will be refunded.
(3) For consumers, the risk of accidental loss or accidental deterioration of the goods shall not pass to the consumer until the goods have been handed over to the consumer or to a person authorised to receive them.
7. Statutory rights in respect of defects
The statutory rights in respect of defects apply.
8. Cancellation policy and electronic cancellation function
Information on the statutory right of cancellation, the model cancellation form and the electronic cancellation function can be found in our cancellation policy on the relevant page of the online shop’s website.
9. Consumer arbitration
We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration body.