General terms and conditions

General Terms and Conditions with Customer Information

1. Scope of Application
2. Offers and service descriptions
3. Order process and conclusion of contract
4. Prices and shipping costs
5. Delivery, availability of goods
6. Payment modalities
7. Retention of title
8. Warranty for material defects and guarantee
9. Liability
10. Storage of the text of the contract
11. Final provisions

1. Scope of Application
1.1. For the business relationship between CreativeX, Erlenweg 4, 58566 Kierspe, Germany (hereinafter referred to as „seller“) and the customer (hereinafter referred to as „customer“) the following General Terms and Conditions apply exclusively in their version valid at the time of the order.

1.2. You can reach our customer service for questions, complaints and claims on weekdays from 9:00 AM to 6:00 PM by e-mail at hello@esportxwear.com or via a support ticket.

1.3. A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for a purpose that can predominantly be attributed neither to his commercial nor to his independent professional activity (§ 13 BGB).

1.4. Deviating terms and conditions of the customer shall not be recognised unless the seller expressly agrees to their validity.

2. Offers and service descriptions
The presentation of the products in the online shop does not constitute a legally binding offer, but an invitation to place an order. Descriptions of services in catalogues and on the Seller’s websites do not have the character of an assurance or guarantee.
All offers are valid „while stocks last“ unless otherwise stated with the products. Errors and omissions excepted.

3. Order process and conclusion of contract
3.1. The customer can select products from the seller’s range without obligation and collect them in a so-called shopping cart by clicking the „Add to cart“ button. Within the shopping basket, the product selection can be changed, e.g. deleted. The customer can then proceed to complete the order process within the shopping basket by clicking on the „Proceed to checkout“ button.

3.2. By clicking on the „Order now“ button, the customer submits a binding application to purchase the goods in the shopping basket. Before submitting the order, the customer can change and view the data at any time and use the browser function „back“ to return to the shopping basket or cancel the ordering process altogether. Required information is marked with an asterisk (*).

3.3. The seller then sends the customer an automatic confirmation of receipt by e-mail in which the customer’s order is listed again and which the customer can print out using the „Print“ function (order confirmation). The automatic acknowledgement of receipt merely documents that the seller has received the customer’s order and does not constitute acceptance of the application. The purchase contract is only concluded when the seller has dispatched or handed over the ordered product to the customer within 2 days or has confirmed the dispatch to the customer within 2 days with a second e-mail, express order confirmation or sending of the invoice.

3.4. If the seller allows payment in advance, the contract is concluded with the provision of the bank details and request for payment. If the payment has not been received by the Seller within 10 calendar days after sending the order confirmation despite the due date even after a renewed request, the Seller shall withdraw from the contract with the consequence that the order shall lapse and the Seller shall not be obliged to deliver. The order is then completed for the buyer and seller without further consequences. A reservation of the item in the case of advance payment is therefore made for a maximum of 10 calendar days.

4. Prices and shipping costs
4.1. All prices stated on the Seller’s website are inclusive of the applicable statutory value added tax.

4.2. In addition to the stated prices, the seller charges shipping costs for delivery. The shipping costs will be clearly communicated to the buyer on a separate information page and during the ordering process.

5. Delivery, availability of goods
5.1. If payment in advance has been agreed, delivery shall be made after receipt of the invoice amount.

5.2. Should the delivery of the goods fail through the fault of the buyer despite three attempts at delivery, the seller may withdraw from the contract. Any payments made will be refunded to the customer without delay.

5.3. If the ordered product is not available because the seller is not supplied with this product by its supplier through no fault of its own, the seller may withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, propose the delivery of a comparable product. If no comparable product is available or if the customer does not want a comparable product to be delivered, the seller will immediately reimburse the customer for any consideration already paid.

5.4. Customers will be informed about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries) on a separate information page or within the respective product description.

6. Payment modalities
6.1. The customer can choose from the available payment methods within the framework of and before completing the order process. Customers will be informed about the available means of payment on a separate information page.

6.2. If payment by invoice is possible, payment must be made within 30 days of receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.

6.3. If third-party providers are commissioned with the payment processing, e.g. Paypal. their general terms and conditions shall apply.

6.4. If the due date for payment is determined according to the calendar, the customer shall already be in default by missing the deadline. In this case, the customer shall pay the statutory interest on arrears.

6.5. The customer’s obligation to pay default interest does not preclude the seller from claiming further damages for default.

6.6. The customer shall only be entitled to set-off if his counterclaims have been legally established or recognised by the seller. The customer may only exercise a right of retention insofar as the claims result from the same contractual relationship.

7. Retention of title
The delivered goods remain the property of the seller until full payment has been made.

8. Warranty for material defects and guarantee
8.1. The warranty shall be determined in accordance with statutory provisions.

8.2. A guarantee only exists for the goods delivered by the seller if this has been expressly given. Customers will be informed of the warranty conditions before the order process is initiated.

9. Liability
9.1. The following exclusions and limitations of liability shall apply to the Seller’s liability for damages, without prejudice to the other statutory prerequisites for claims.

9.2. The Seller shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence.

9.3. Furthermore, the Seller shall be liable for the slightly negligent breach of essential obligations, the breach of which jeopardises the achievement of the purpose of the contract, or for the breach of obligations, the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the customer regularly relies. In this case, however, the Seller shall only be liable for the foreseeable damage typical for the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than those referred to in the preceding sentences.

9.4. The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect after the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.

9.5. Insofar as the Seller’s liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.

10. Storage of the text of the contract
10.1. The customer can print out the text of the contract before submitting the order to the seller by using the print function of his browser in the last step of the order.

10.2. The seller will also send the customer an order confirmation with all order data to the e-mail address provided by the customer. Together with the order confirmation, but at the latest upon delivery of the goods, the customer shall also receive a copy of the General Terms and Conditions together with the cancellation policy and the information on shipping costs as well as delivery and payment terms. If you have registered in our shop, you can view your orders in your profile area. In addition, we store the text of the contract but do not make it accessible on the internet.

11. Final provisions
11.1. The place of jurisdiction and performance shall be the registered office of the Seller if the Customer is a merchant, a legal entity under public law or a special fund under public law.

11.2. The contractual language is German.

11.3. European Commission platform for online dispute resolution (ODR) for consumers: http://ec.europa.eu/consumers/odr/. We are not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.