The internet shop "www.runningwarehouse.eu" is operated by Sports Warehouse GmbH, Am Ziegelplatz 15, 77746 Schutterwald, Commercial Register: District Court Freiburg HRB 702149, Managing Directors: Rick Kerpsack, Christian Singer (hereinafter, referred to as: "Running Warehouse"). As far as the business relationship between Running 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 Running 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 Running Warehouse Europe as follows:
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 Running 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. Running Warehouse Europe 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 Running Warehouse Europe and the customer only comes into existence, when:
3. Right of Contract Termination
3.1 Termination Terms
If you are a consumer, you can terminate your contract within a period of two weeks without having to state any reasons in writing (for example, by letter, telefax, e-mail) or - if you receive the products before the deadline - by returning the products. The deadline starts at the earliest upon receipt of the products and not prior to receipt of this information in writing (for example, by letter, telefax, e-mail) and also not until our duty to inform has been met in accordance with section 312c para. 2 German Civil Code [Bundesgesetzbuch, "BGB"] in conjunction with section 1 paras. 1, 2 and 4 BGB-InfoV as well as our duties pursuant to section 312 e para. 1 sentence 1 BGB in conjunction with 3 BGB-InfoV. In order to guarantee the termination term, it is sufficient to send the written termination or return the products within the specified period of time.
The order termination is to be sent to:
Sports Warehouse GmbH - Running Warehouse
Am Ziegelplatz 15,
77746 Schutterwald, Germany
German: +49 (0) 781 28 406 210
French: +33 (0) 9 70 73 03 57
English: +44 (0) 845 834 1052
Italian: +39 (0) 2 94 75 05 25
Spanish: (+34) 911 23 54 54
By Fax: +49 (0)781 28 406-400
When returning the products, please also include the invoice or a copy of the invoice to allow us to accurately process the return.
3.2 Termination Consequences
In case of an effective cancellation, both parties are required to return the services they received and, if applicable, to reimburse obtained benefits (for example, interest). If you are unable to return the received products completely or partially or in an impaired condition, you possibly might have to provide us with value replacement. This does not apply if the impaired condition was noticed by you - for example, as if you had been in a store. In general, you can avoid the requirement for value replacement if the caused impairment resulted from your treating the product as your property and by doing anything that could negatively impact its value. Shippable goods are to be sent back to us, at our risk. You have to pay for the return shipping costs if the delivered products are what you ordered and if the price of the products you are returning does not exceed EUR 40 or if the price of the product is higher at the time of cancellation and you have not yet paid the outstanding balance or the contractually agreed partial payment. Otherwise, the return shipment will be free of charge for you. Goods which cannot be shipped in packages will be picked up from your location. Requirements for reimbursements of payments have to be fulfilled within 30 days. The allotted timeframe starts for you when sending your termination declaration or the goods, the allotted timeframe for us starts upon when we receive them. Prepaid return shipping labels are included with orders shipped within Germany and France. All other customers will be responsible for shipping charges on returned products.
3.3 Termination Exclusion
The right to contract termination does not apply to distance contracts with regard to:
4.1 In general, if an order is placed and paid for (i.e. receipt of payment) by 12:00 noon on a normal business day, Running Warehouse will transfer the products to the post office or a carrier on the same business day. If the order and payment is received after 12:00 noon, shipping will occur on the following business day. Running Warehouse will inform the customer via e-mail of the transfer. 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, Running 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 Running 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 Running 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:
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 Running Warehouse (prepayment).
8. Defect Warranty, Guarantee
8.1 Running 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 Running 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.
9.1 Running Warehouse is fully liable
9.2 Running Warehouse is liable in accordance with the legal requirements if it violates key contractual obligations. Unless Running 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 Running 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 Running Warehouse resulting from violations of obligations are excluded.
10. Links to our website
Every hyperlink to the website www.runningwarehouse.eu requires prior written approval by Sports Warehouse GmbH. If you have any questions, please send them via e-mail to email@example.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 Running Warehouse is Offenburg, Germany.