GENERAL TERMS AND CONDITIONS
allstar Fecht-Center GmbH & Co. KG,
In der Braike 13, 72127 Kusterdingen, Germany
§ 1 Scope, Products, General Information
(1) This online shop is run by allstar Fecht-Center GmbH & Co. KG, In der Braike13, 72127 Kusterdingen, Germany, (hereafter referred to as “allstar”, “we”, or “us”). We sell on our website fencing clothing, fencing equipment, fencing installations, and other products for the sport of fencing as well as flocking/printing services for select fencing clothing and equipment. If you use our online shop to purchase our fencing clothing, fencing equipment, fencing installations and/or other products for the sport of fencing or to pay for our flocking/printing services for select fencing clothing and other equipment, our General Terms and Conditions (“GTC”) shall apply to your purchase.
(2) We do not accept any conditions that deviate from and/or contradict our GTC. Our GTC shall also apply even if the delivery to the customer is carried out unreservedly in full knowledge of conditions on the side of the customer that contradict or deviate from our GTC.
(3) Our online shop is open to private consumers and entrepreneurs (hereafter referred to as “customer” or “you”). Private consumer is defined as any natural person who enters into a legal transaction for purposes that largely cannot be attributed to their business or trade activities in either a commercial or self-employed capacity (§ 13 BGB). Entrepreneur is defined as a natural person or legal entity or private company having legal capacity that concludes a legal transaction as part of its commercial, trade, or self-employed business (§ 14 Paragraph 1 BGB). Please note that certain sections of this GTC apply only to private consumers or only to entrepreneurs. This will be duly noted explicitly in the respective clauses of the GTC.
§ 2 Contract Terms, Contracting subject to a condition precedent for embargoed countries, Customer Account, Contract Text, Code of Conduct
(1) In order to purchase our products in this online shop, you must be at least 18 years old. You declare that any information that you provide to us via inquiries or orders shall always be correct and complete.
(2) The presentation of the articles in our online shop does not constitute an offer to enter into a purchase agreement with you; it is only an invitation to you to submit a binding offer to enter into a purchase agreement with us. To submit a binding offer to us to conclude a purchase agreement, proceed as follows: a) first click on one of the products presented on our website (§ 1 Paragraph 1); b) after selecting the number, size, and other product specific details as available, such as grip, blade, guard, color, and available options for personalization, you can c) place the selected product in your shopping cart by clicking on the “Add to shopping cart” button; d) then click on the button “Proceed to checkout” and e) enter your customer type (private consumer or entrepreneur) as well as your required personal details (Title, First Name, Last Name, Street Address, Zip code, City, State and Country (as necessary); entrepreneurs must also provide the company name (only for trade or business customers). You must also type in your e-mail address in two separate fields as well as the existing password for your customer account with us consisting of at least 8 characters (entering a phone number is optional for entrepreneurs and private consumers; private consumers may not enter a VAT ID number and entrepreneurs have the option of providing one). For security reasons, you may not purchase items as a “guest; f) click on the button “continue,” which will take you to an overview page where you can review and/or edit the personal details you have provided as well as the default billing address, the default delivery address, and/or the default payment method. Then click on the shopping cart symbol to go to an overview page where you can check and correct any data entry errors using appropriate, effective, and accessible means. You can remove products from the shopping cart by clicking the “remove” button or change the number of selected products. If multiples of the same product are to be ordered, then the desired number of items will be displayed in the shopping cart. Additionally, you can go back to previous pages in order to make any necessary corrections. You can also review and/or edit the billing address, the default delivery address and/or the default payment method again; g) if you then click on the button “Submit order,” you acknowledge our privacy statement and our General Terms and Conditions as well as the declaration of the right of revocation (which you can access, print and save in reproducible form prior to completing your purchase) and submit a binding offer to enter into a purchase agreement with us; h) then complete the payment process by entering the necessary information for the payment method that you have selected. You can submit a binding offer by e-mail or by telephone instead of electronically transferring your offer through our online shop. If you have already set up a customer account, then you will not have to complete the step outlined under section “e” above unless you need to make changes (especially to the delivery address).
(4) We will accept your binding offer to conclude a purchase agreement with us (“order”) with an agreement confirmation. For purchase agreements with customers who have their habitual residence or their delivery address in countries for which embargo measures have been ordered, acceptance of your offer is subject to the condition precedent that our examination shows the legality of the sale, delivery, transfer and/or export of the contractual item(s) for use in the embargoed country. We will inform you about the occurrence or non-occurrence of this condition precedent immediately after becoming aware of it. We will confirm the receipt of your order through an e-mail that will list the details of your order (“order confirmation”) as soon as possible. The order confirmation does not constitute the acceptance of your offer; it only informs you that we have received your order. The purchase agreement takes effect upon your receipt of the agreement confirmation. Along with confirmation of the agreement, we will send you this GTC as well as instructions on the consumer right of revocation (§ 8) in text form in a durable medium as soon as possible after the purchase agreement has been made. You will thereby be able to save or print the contents of the agreement. The order confirmation can be combined with agreement confirmation. Please note that due to our company holidays (two weeks from Christmas to 6 January and two weeks in summer), there may be a delay in your receipt of the agreement confirmation. We will post concrete details about our company holiday closures in due time on our website.
(5) The binding language of this agreement is German. We save the text of this agreement. Because you have registered as a customer on our website, you can view previous orders as well as other information in our customer login portal.
(6)There are no relevant code of conducts.
§ 3 The Presentation of Our Products in Our Online Shop
(1) The main specifications and the total price of our products as well as the valid dates of any limited offers can be found in the detailed product descriptions of each product.
(2) The exact rendition of the colors of the products in our online shop are determined by technical factors on your end (such as monitor settings). The colors rendered in the online shop may therefore deviate slightly from the actual colors of the product. We will gladly provide the exact color upon request.
§ 4 Customized Products
(1) We have identified select fencing clothing and articles on our website that can be customized (“customized products”) with a name, a country abbreviation, and/or a graphic image (such as a logo or sponsor trademark). Please note, however, that our system does not support all special characters for customization.
(2) You may only send us content for customization (such as a logo or sponsor trademark) that you have been authorized to use. We do not provide customization of fencing clothing and/or fencing articles if any of the following apply (i) contents that are in any way glorifying violence, threatening, defamatory, obscene, discriminatory, inflammatory, sexual, or in any other way offensive or illegal, (ii) legally protected contents that you are not authorized to use, including the names of products, service providers, businesses, organizations, or events that are the property of third parties (iii) contents that include such legally protected information as well as (iv) contents that infringe upon the protected trademarks of third parties or the intellectual property of third parties.
(3) By submitting the order for your customized product, you confirm that none of the content that you have provided falls under any of the categories listed in § 4 Paragraph 2. You grant us the non-exclusive, non-transferable, and limited to the intended purpose right to use, reproduce, disclose, and/or edit the provided content (exclusively) for the purpose of personalizing your product and completing your order.
(4) You indemnify us against any and all claims lodged against us by third parties (regardless of the legal basis cited) with respect to the contents provided to us for the customization of your product. This indemnification also covers commensurable legal advisory fees that we may incur.
(5) We reserve the right to refuse any customization in part or whole that falls under any of the categories listed under § 4 Paragraph 2. This refusal can be made directly during the ordering process or after the receipt of your order through the cancellation of the order and the refund of the purchase price paid for this order.
§ 5 Digital Content
For Digital Content, we grant the Customer a non-exclusive, non-transferable, non-sublicensable right to use the Digital Content only for one (1) product (e.g., detector) purchased from us. Customer shall take appropriate precautions to protect the Digital Content from unauthorized access by third parties. It will store any data carriers in a secure location for allstar until the return.
§ 6 Delivery, Delivery Restrictions
(1) As long as nothing else is indicated in your confirmation, your order will be delivered “ex factory” (Kusterdingen). The customer bears the costs and risk liability for the transport.
(2) The above stated conditions (§ 5 Paragraph 1) do not apply to transactions with private consumers; the standard legal provisions shall apply in this case.
(3) We reserve the right to deliver a newer model instead of the ordered item as long as the newer model only has technical improvements that shall be in the best interest of the customer and the newer model is not more expensive than the ordered item.
(4) If one of the items you have ordered should be undeliverable because we, at no fault of our own, have not received delivery from one of our suppliers contractually obligated to deliver, we shall have the right to withdraw from the purchase agreement. This shall apply if we have concluded a so-called congruent hedging transaction with our supplier. We shall inform you of this unavailability as soon as possible. If you have already paid for the order in part or whole, the amount paid shall be refunded as soon as possible.
(5) We shall notify you on our website and during the ordering process if we cannot deliver the product(s) selected by you to the country that you desire. In such a case, the product(s you have chosen can be purchased by picking them up at our business location. We shall also notify you if there is an alternative way to purchase your order locally through one of our business partners.
§ 7 Prices, Terms of Payment, Set-off
(1) The respective prices listed for our products and services presented on this website are binding and include the applicable VAT tax but they do not include shipping costs. All listed prices are total prices.
(2) We reserve the right to change our prices commensurately if our costs decrease or increase after the conclusion of the agreement, especially due to tariff agreements or material price changes. We shall provide you evidence of these changes upon request.
(3) The customer shall only have compensation rights if the customer’s counterclaims have been legally validated, uncontested, or acknowledged by us. Furthermore, the customer shall be entitled to exercise the right of retention in so far as a counterclaim rests on the same contractual relationship
(4) In transactions with private consumers, the price adjustment clause provided for under § 6 Paragraph 2 shall apply with the proviso that we retain the right to raise or lower the prices in agreements with an agreed term of more than four (4) months in accordance with any changes in costs that have occurred, especially due to tariff treaties or material cost changes. If the price shall be raised by more than 5% of the originally agreed price, the customer shall be entitled to dissolve the contract (right of cancellation or withdrawal).
(5) We shall make every possible effort to continually update the prices listed on our website for our products and services. The prices shown on our website may be incorrect in very exceptional cases due to technical or typographic errors. In such a case, we shall have the right to cancel any relevant order.
§ 8 Warranty
(1) If you are an entrepreneur, we shall either repair or replace faulty goods at our discretion.
(2) If you are a private consumer, your rights are determined by the statutory provisions, unless otherwise provided below. You may choose whether to have your item repaired or replaced. However, we reserve the right to refuse your selected method of rectification if this would only be possible at an unreasonable cost and the other method of rectification would not present any significant disadvantages for you.
(3) Should this rectification fail, you retain the right to either reduce payment (reduction) or rescind the contract (withdrawal). In the case of minor breaches of contract, especially for only minor defects, you shall not have the right to withdraw.
(4) Entrepreneurs must report any obvious defects to us in writing within two (2) weeks after receipt of the item; otherwise, the item shall be considered accepted. This deadline shall be met as long as the correspondence is timely sent. The entrepreneur bears the full burden of proof for all claim requirements, in particular for the defect itself, the time at which the defect was detected, and the timeliness of the notice of defects. Otherwise, the provisions of § 377 HGB (German Commercial Code) shall apply.
(5) If the private consumer was induced to purchase the item through an inaccurate claim by the manufacturer, the private consumer shall bear the burden of proof for his purchase decision.
(6) Should the customer choose to withdraw from the contract because of a material or legal defect after a failed rectification, the customer shall not be entitled to any compensation for the defect. Should the customer choose to claim compensation after failed rectification, the item shall remain in the possession of the customer as long as this shall be within reason. This compensation shall be limited to the difference between the purchase price and the value of the defective item. This shall not apply if we have caused the breach of contract maliciously.
(7) For entrepreneurs, the statute of limitations for warranty claims expires one (1) year from the delivery of the item. For private consumers, the statute of limitations for warranty claims expires two (2) years from the delivery of the item. These limitations shall not apply if the entrepreneur has not notified us of the defect in a timely manner (§ 7 Paragraph 4).
(8) If you are an entrepreneur, only the product description of the manufacturer shall in principle define the characteristics of the item. Public statements, promotions, or advertising by the manufacturer shall not in any way contractually define the characteristics of the item.
(9) Should the customer receive a defective instruction manual, we shall only be responsible for providing a faultless instruction manual and only if the error in the instruction manual shall contradict proper assembly.
(10) For digital products, we ensure that during the relevant period pursuant to Section 327f (1) sentence 2 of the German Civil Code (BGB), updates that are necessary for the digital product to remain in conformity with the agreement are provided to you as a private consumer either as a chip, USB stick or download link, at our discretion. Updates also include security updates. We will provide information about the availability of updates on our website. If you, as a private consumer, fail to install a provided update within a reasonable period of time, we shall not be liable for a product defect solely due to the lack of such update, provided that (i) we have informed you about the availability of the update and the consequences of a failure to install it and (ii) the fact that you have not installed the update or have installed it improperly is not due to defective installation instructions provided to you.
(11) We shall not provide the customer any guarantees according to the law.
(12) Except in the case of material defects, personalized products (§ 4) may not be returned.
(13) There are no unbreakable fencing blades. We do not provide any warranty in the event of blade breakage, even in normal sport usage, unless the customer can provide evidence of a material defect.
§ 9 Right of Withdrawal for Private ConsumersWITHDRAWAL POLICY (1) Right of withdrawal for purchase contracts for goods
Right of Withdrawal
You have the right to cancel this contract within fourteen days without providing any reason.
The statute of limitations for cancellation is fourteen days from the day
on which you or a third party named by you who is not the carrier took possession of the last item.
In order to exercise your right of cancellation, you must inform us
allstar Fecht-Center GmbH & Co. KG
In der Braike 13
Telephone: +49 (0) 7071 75425-0
through a clear statement (for example, through a letter sent by mail or an e-mail) about your decision to cancel this contract. You may use the attached example cancellation form to do this, but it is not mandatory.
In order to meet the deadline for cancellation, it is sufficient if you send notice of your exercise of the right of cancellation before the expiration of the statute of limitations.
Consequences of the withdrawal
If you cancel this contract, we shall refund to you all payments that we have received from you, including delivery fees (with the exception of any additional fees resulting from the fact that you have chosen another delivery option than the cheapest, standard delivery option than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days of the day on which we received notice of your cancellation of this contract. For this repayment, we shall use the same payment method that you used in the original transaction unless we expressly agree with you on another option; we shall not charge you for this refund in any case. We can refuse to refund you until we have either received the returned item or you can provide proof that you have sent the item back to us, whichever shall occur first. You must send back or otherwise return the items to us as soon as possible and at the latest within fourteen days of the day on which you informed us of the cancellation of this contract. This deadline shall be met as long as you have sent the items before the expiration of the fourteen-day period. You shall bear the direct costs of sending back the items. You shall only be held responsible for any loss of value of the item if this loss of value resulted from any handling of the item that was not necessary in order to check its condition, characteristics/properties, and its functionality.
Absence of the Right of Withdrawal
The right of withdrawal shall not apply if the parties have agreed otherwise and/or in the case of contracts for the delivery of items that are not pre-manufactured and whose manufacture necessitates a substantial individual selection or determination by the private consumer or items that are clearly customized to meet the personal needs of the private consumer (Section 312g (2) No. 1 of the German Civil Code).
(2) Right of withdrawal for contracts for digital content that is not delivered on a physical data carrier:
Right of Withdrawal
You have the right to cancel this contract within fourteen days without providing any reason.
The statute of limitations for cancellation is fourteen days from the day of the conclusion of the contract.
In order to exercise your right of cancellation, you must inform us
allstar Fecht-Center GmbH & Co. KG
In der Braike 13
Phone: +49 (0) 7071 75425-0
through a clear statement (for example, through a letter sent by mail or an e-mail) about your decision to cancel this contract. You may use the attached example cancellation form to do this, but it is not mandatory. In order to meet the deadline for cancellation, it is sufficient if you send notice of your exercise of the right of cancellation before the expiration of the statute of limitations.
Consequences of Withdrawal
If you cancel this contract, we shall refund you all payments we have received from you, including delivery fees (with the exception of additional fees resulting from the fact that you have chosen another delivery option other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days of the day on which we received notice of your cancellation of this contract. For this repayment, payment method that you used in the original transaction unless we expressly agree with you on another option; we shall not charge you for this refund in any case.
Your right of withdrawal expires prematurely if we have started the execution of the contract after you have expressly agreed that we start the execution of the contract before the expiry of the withdrawal period and you have confirmed your knowledge that you lose your right of withdrawal by your consent with the start of the execution of the contract.
End of the Withdrawal Policy
Sample Withdrawal Form
If you would like to cancel this contract, then please fill out this form and send it back to us.
allstar Fecht-Center GmbH & Co. KG
In der Braike 13
Telephone: +49 (0) 7071 75425-0
I/We (*) hereby withdrawal from the contract that I/we(*) concluded for the purchase of the following item(s)(*)/the provision of the following services (*):
Order dated (*)/received on (*)
Name of the private consumer(s)
Address of the private consumer(s)
Signature of the private consumer(s) (only for paper notices)
(*) Cross out what does not apply.
§ 10 Liability
(1) We shall bear unlimited liability for willful damages or damages caused by gross negligence, for willful or negligent loss of life, limb, or health, and for the giving of guarantees.
(2) For damages resulting from negligence, we shall only otherwise bear liability for the violation of an obligation that is fundamental to the proper fulfillment of this contract and upon whose fulfillment you can normally rely upon. In this case, our liability shall be limited to a maximum sum of 25,000 Euro per claim, in so far as and to the extent that this amount shall correspond to damages foreseeable and typical for this contract and otherwise limited to damages foreseeable and typical for this contract according to the type of the product.
(3) To the extent that we shall be liable for damages that do not relate to the loss of life, limb, or health, for which slight negligence cannot be ruled out, any such claims shall have a statute of limitations of one year beginning at the end of the year in which the claim originated and the creditor learned of the circumstances giving rise to the claim and the person of the obligor or otherwise must have learned of this without gross negligence on the part of the creditor.
(4) Our liability according to the provisions of the Product Liability Law (ProdHaftG) shall remain unaffected.
§ 11 Payment, Payment Method
(1) We provide different payment methods (through our payment service provider PayPal) for you to pay for the products that you order on our website (currently, the options are PayPal as well as credit card and direct debit via PayPal). Online data transmission is protected by SSL-encryption. Detailed information about the payment methods can be found on our website. Our products will not be shipped until the purchase price has been paid in full.
(2) Interest shall be added to a monetary debt as long as it is in default. The default interest rate for the year is five percentage points above the base rate. For legal transactions in which a private consumer is not involved, the interest rate for default payment claims is nine percentage points above the base rate.
(3) We reserve the right to claim further compensation for outstanding payment.
§ 12 Retention of Title
(1) In the case of agreements with private consumers, we retain ownership of the goods until the purchase price has been paid in full. In the case of agreements with entrepreneurs, we retain ownership of the goods until all outstanding financial claims related to ongoing business with the entrepreneur have been paid in full.
(2) You shall be obligated to handle goods provided under reservation of title with care. You shall be obligated to carry out any necessary maintenance and inspections routinely at your own cost.
(3) You shall be obligated to inform us without delay if a third party seizes the goods, as in the case of a confiscation, as well as if any damages or destruction of the goods shall occur. We must be notified without delay of any change in ownership of the goods or a change in residence.
(4) If you are an entrepreneur, you shall be authorized to process and resell the reserved goods in the ordinary course of business as long as you have not defaulted on payment. Liens or pledges as security shall not be permitted. As a precaution, you shall already transfer any and all claims arising from the resale or any other legal grounds related to the reserved goods (including all claims from open accounts) to us now, without any further explanation required. We accept this transfer. However, this transfer shall be limited in amount to the price of the delivered goods that we billed on our invoice. Priority shall be given to satisfying the portion of the claims transferred to us.
(5) If you are an entrepreneur, we revocably authorize you to collect payment from your invoices transferred to us as security in your own name. This collection authorization shall lapse if you have not properly fulfilled your payment obligations, if you have defaulted on payments, if you have become subject to foreclosure or enforcement proceedings, or if bankruptcy proceedings have been opened against your assets or whose opening has been denied due to a lack of assets.
(6) If you are an entrepreneur, we shall always remain the manufacturer even if the reserved goods are processed and/or modified, but without any liability for us. If the reserved goods are further processed with other objects that do not belong to us, we shall attain joint ownership of the new item at the percentage corresponding to the ratio between the value of the reserved goods and the other processed objects at the time of processing. If the reserved goods are attached or inseparably mixed with other objects that do not belong to us, we shall acquire joint ownership of the new item at the percentage corresponding to the value of the reserved goods to the other attached or mixed objects. If the object of the customer is the main object in the attachment or mixing, then it shall be agreed that you shall proportionately assign us joint ownership of the new object. You shall thereby be responsible for the safekeeping of the joint ownership for us.
(7) If you should violate the terms of the contract, for example by defaulting on payment, we shall have the right to reclaim the existing reserved goods after setting a reasonable grace period and to demand the transfer of surrender claims in the amount of our outstanding claims. Our reclamation of these goods shall not constitute a withdrawal from the contract unless this shall be expressly stated. We shall have the right to liquidate the reserved goods after reclamation. After subtracting an appropriate amount for the costs of this reuse, the profit from this reuse shall be offset from the amount that you owe to us.
§ 13 Discount Promotions, Discount Codes
(1) Discount promotions allow for the purchase of products at lower prices. For example, we may issue discount codes for such a purpose. The misuse of discount promotions or discount codes, i.e. for dividing discount promotions into shares, shall not be permitted. Multiple discount codes cannot be used in order to purchase multiple reduced-priced items and then to exchange these items for a higher-priced item. We reserve the right to refuse any such fraudulent exchange requests.
(2) Discount codes are only valid for a limited time and require a minimum order amount, which shall be determined by the respective discount code or discount terms and conditions.
(3) Discount codes may not be combined with any other offers or discount promotions. Promotional prices (trick prices) shall be considered discount promotions. Discount codes have no credit value for exchanges and returns, nor may they be redeemed for cash. Only one discount code may be used per order.
§ 14 Form of Declarations
Legally relevant declarations and notices that you submit in relation to allstar must be made in writing (§ 126b BGB).
§ 15 Alternative Dispute Resolution
(1) The European Commission provides a platform for online dispute resolution (ODR), which you can find here.
(2) Your satisfaction is our primary concern. In the event of any reclamations, we shall strive to work with you to find an amicable and customer-oriented solution. Consequently, we do not take part in dispute resolution proceedings before consumer arbitration boards and we are not otherwise obligated to do so.
§ 16 Choice of Law, Court of Jurisdiction, English Translation of this GTC
(1) The laws of the Federal Republic of Germany shall apply with the exclusion of the conflict of law provisions of international private law as well as the exclusion of the UN Convention of the International Sale of Goods. If you are a natural person who has entered into this legal transaction for purposes not primarily related to your commercial or self-employed business activity (private consumer), then this choice of law shall only apply to the extent that you shall not be stripped of the protection afforded to you by mandatory provisions of the country in which you are normally resident.
(2) If you shall have no general court of jurisdiction in Germany or in one of the other EU member states, or you are a merchant or legal entity under public law or you have transferred your primary residence after these GTC have taken effect or if your permanent or normal place of residence is unknown at the time that a lawsuit is raised, then the exclusive court of jurisdiction for any and all disputes arising from this contract shall be the registered seat of allstar.
(3) This GTC was written in German and an English translation has been provided for the comfort and convenience of our international customers. Only the German version of the GTC shall be legally binding; the English translation is solely provided for informational purposes. Should any provision of this GTC warrant further interpretation, the intended German meaning shall always be definitive and authoritative.