Allgemeine Geschäftsbedingungen

General Terms and Conditions of Business

1.    Jurisdiction
These sales conditions for the delivery of goods are exclusively in respect to entrepreneurs, legal persons under public law or special funds under public law within the meaning of §§ 14, 310 paragraph 1 BGB.
Conflicting terms to our terms and conditions of sale will only be accepted if expressly agreed to in writing.

2.    Offer
If an order is to be regarded as an offer according to § 145 BGB, we can accept it within two weeks.

3.    Delivery
The beginning of the delivery time specified by us sets the timely and proper fulfillment of the obligations of the customer. Delivery periods are subject to correct and timely self-delivery, unless the non-delivery or delay by us is culpable or that we commit to binding delivery times. We are entitled to partial deliveries and partial services at any time, as far as this is reasonable for the customer.

4.    Price
Unless otherwise agreed in writing, our prices are the Item plus VAT in the amount valid at the time of the conclusion of the contract. Shipping costs will be charged separately.

5.    Terms of Payment
Unless otherwise agreed upon, our invoices are payable within 8 days of receipt of the invoice. For SEPA-based direct debit we grant a 3% discount. In all other cases a discount is only permitted in the case of a special written agreement. In the case of payment in a foreign currency, performance shall only occur to the extent that payment has been credited to us in euros. All costs of banking shall be borne by the customer. This applies in particular to foreign payment transactions.

6.    Consent to receive our newsletter
By agreeing to our Terms and Conditions, you expressly consent to receiving our Cosmic Sports newsletter. This newsletter will appear [weekly/monthly/quarterly/etc.] and will be sent to the email address provided with your order. Your consent to receive the newsletter can be revoked at any time (see below: Revocation of consent to receive the newsletter). The newsletter is sent in accordance with our privacy policy consist of information about the products we sell, which can be found in our online shop under the following link https://shop.cosmicsports.de/

Revocation of consent to receive the newsletter:
We send newsletters approved by you according to our privacy policy [Link]. If you no longer wish to receive the newsletter, you can unsubscribe at any time either by clicking the ["unsubscribe"] link in the newsletter, by sending us an e-mail to newsletter@cosmicsports.de or by using the contact details given in the imprint.

7.    Dispatch and transfer of risk
Shipment is carried out uninsured at the customer's risk. The risk shall pass to the customer as soon as the consignment has been handed over to the responsible transporter and they leave our company for shipment. If dispatch is delayed at the request of the customer, the risk shall pass to him upon notification of readiness for dispatch, unless otherwise stated in the order confirmation that delivery from Fürth is agreed.

8.    Reservation of proprietary rights
The delivered goods shall remain our property until all claims from the current business relationship, including all current account balance claims to which we are entitled against the customer now or in the future, have been settled. In the event of the customer acting in breach of contract, e.g. default of payment, we reserve the right to take back the reserved goods after setting a deadline in advance. If we take back the reserved goods, this shall constitute a withdrawal from the contract. If we seize the reserved goods, this is a withdrawal from the contract. We are entitled to sell the reserved goods after taking them back. After deduction of an appropriate amount for the liquidation costs, the liquidation proceeds are to be offset against the amounts owed by us by the customer. Maintenance and inspection work that becomes necessary must be carried out by the customer at his own expense in good time.
The customer is entitled to sell and / or use the reserved goods properly in the course of business as long as he is not in default of payment. Pledging or assignment by way of security is not permitted unless we have given our prior consent. The customer hereby assigns to us by way of security all claims arising from the resale or any other legal reason (insurance) in respect of the reserved goods in full; we hereby accept the assignment. We revocably authorize the customer to collect the claim assigned to us for his account in his own name. The direct debit authorization can be revoked at any time if the customer does not properly meet his payment obligations.
Any processing or transformation of the reserved goods by the customer shall be carried out for us in every case. In this case, the customer's expectant right to the object of purchase shall continue to apply to the transformed object. If the reserved goods are processed with other goods not belonging to us, we shall acquire co-ownership of the new item in the ratio of the value of the reserved goods (final invoice amount including VAT) to the other processed goods at the time of processing. The same applies to the new item created by processing as to the reserved goods. In the event that the reserved goods are inseparably mixed with other items not belonging to us, we shall acquire co-ownership of the new item in the ratio of the value of the reserved goods (final invoice amount including VAT) to the other mixed items at the time of mixing. If the customer's item is to be regarded as the main item as a result of the mixing, the customer and we agree that the customer assigns to us proportionate co-ownership of this item; we hereby accept the transfer. The customer shall keep our sole or co-ownership of an item thus created in safe custody for us. In the event of access by third parties to the reserved goods, in particular attachments, the customer shall point out our ownership and inform us immediately so that we can assert our ownership rights. If the third party is not in a position to reimburse us for the judicial or extrajudicial costs incurred in this connection, the customer shall be liable for the loss incurred by us. We are obliged to release the securities to which we are entitled at the request of the customer, if the realisable value of our securities exceeds the claims to be secured by more than 10%; in this case, we shall be responsible for selecting the securities to be released.

9.    Notification of defects, warranty and liability.
Warranty rights of the customer presuppose that he has properly fulfilled his obligations to examine and give notice of defects in accordance with § 377 HGB (German Commercial Code). Warranty claims on new goods become statute-barred 12 months after delivery of the goods delivered by us to our customer; warranty is excluded for used goods.
The shortening or exclusion of the limitation period shall not apply to liability for grossly negligent and deliberately caused damages and not for damages resulting from injury to life, body or health which are based on a negligent breach of duty by the seller. A deliberate or negligent breach of duty on our part is equal to that of our legal representative or agent.
The shortening or exclusion of the warranty does not apply if we have suspect that defects have been fraudulently concealed or have assumed a guarantee for a quality; in this case, the statutory provisions shall apply.
If, despite all the care taken, the goods delivered show a defect which already existed at the time of the transfer of risk, we shall, subject to giving notice of defects in due time, either repair the goods or deliver replacement goods at our discretion.
The statute of limitations does not begin again if a replacement delivery is made within the scope of liability for defects.
If subsequent performance fails, the customer may - without affecting any future claims for damages - withdraw from the contract or reduce the remuneration.
If the purchaser or third party carry out improper repair work or modifications, no claims for defects shall exist for these.
Claims made by the customer due to the expenses necessary for the purpose of subsequent performance, in particular transport, travel, labour and material costs, are excluded if the expenses increase because the goods delivered by us have subsequently been taken to a location other than the customer's branch office, unless the transport corresponds to their intended use. We shall bear the expenses necessary for the purpose of inspection and subsequent performance if there is actually a defect. However, if the customer's request to remedy a defect turns out to be unjustified, we can demand reimbursement from the customer for the costs incurred by us as a result.
We exclude our liability for negligent breaches of duty/care, unless damage is resulting from injury to life, body or health, or if guarantees or claims under the Product Liability Act are affected. However, this shall not affect our liability for any breach of obligations, the fulfilment of which is essential for the proper performance of the contract and on whose compliance the customer may regularly rely. In these cases we are only liable if the damage is typically associated with the contract and is foreseeable.
The above liability regulations also apply with regard to liability for our employees, workers, staff, representatives and agents.
Any mandatory provisions of product liability laws that may be applicable shall remain unaffected.

10.    Offset right.
The customer only has the right to offset if his counterclaims have been legally established, acknowledged by us or are undisputed.

11.     Place of Performance, Jurisdiction and Applicable Law.
Place of performance and for payment is the registered office of our company. The place of jurisdiction for all legal disputes arising from the contractual relationship, said contractual relationships creation and its effectiveness, is the court responsible for the registration of our company (Fürth). This is provided that the customer is either: a merchant, a legal person under public law or a special fund under public law. We are also entitled to sue at the customer's place of business.
This contract and the entire legal relationship of the parties are subject to the law of the Federal Republic of Germany. The validity of the UN Convention for the International Sale of Goods is excluded.

12.     Data Protection.
In accordance with § 28 of the Federal Data Protection Act, attention is drawn to the fact that the information contained in the necessary stored data is used solely within the scope of business processing by means of an EDP system in accordance with § 33 of the Federal Data Protection Act.
Personal data will of course be treated confidentially.

13.    Severability Clause.
The invalidity of one or more provisions of our General Terms and Conditions shall not affect the validity of the remaining provisions, unless adherence to the contract constitutes an unreasonable hardship. Should additional agreements be made, all conditions not affected by them remain valid.


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