Terms of service

General terms and conditions with customer information

Table of Contents

1. Scope
2. Conclusion of contract
3. Right of withdrawal
4. Prices and payment terms
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects (warranty)
8. Special conditions for processing goods according to specific customer specifications
9. Redeeming promotional vouchers
10. Redemption of gift vouchers
11. Applicable Law
12. Place of jurisdiction
13. Code of Conduct
14. Alternative dispute resolution

1) Scope

1.1These general terms and conditions (hereinafter "GTC") of Tennis-Point Europe GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the seller with regard to the goods presented by the seller in his online shop. The inclusion of the customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2These General Terms and Conditions apply accordingly to contracts for the delivery of vouchers, unless otherwise stipulated.

1.3A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to either their commercial or independent professional activity.

1.4An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of contract

2.1The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but are used to make a binding offer by the customer.

2.2The customer can submit the offer using the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking on the button that completes the ordering process.

2.3The seller can accept the customer's offer within five days,

• by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the customer is decisive, or
• by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
• by asking the customer to pay after placing their order.

If several of the aforementioned alternatives are present, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.

2.4If you select a payment method offered by PayPal, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, available at https://www.paypal.com/en/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/en/webapps/mpp/ua/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller declares acceptance of the customer's offer at the moment the customer clicks the button that completes the ordering process.

2.5When submitting an offer via the seller's online order form, the contract text is saved by the seller after the contract has been concluded and sent to the customer in text form (e.g. email, fax or letter) after the order has been sent. The seller will not make the contract text available beyond this. If the customer has set up a user account in the seller's online shop before sending his order, the order data will be archived on the seller's website and can be accessed free of charge by the customer via his password-protected user account by providing the corresponding login data.

2.6Before bindingly submitting the order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better detecting input errors can be the browser's magnification function, which enlarges the display on the screen. As part of the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks on the button that completes the ordering process.

2.7The German language is available for concluding the contract.

2.8Order processing and contact usually take place via email and automated order processing. The customer must ensure that the email address he provided to process the order is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3) Right of withdrawal

3.1Consumers generally have a right of withdrawal.

3.2Further information on the right of withdrawal can be found in the seller's cancellation policy.

4) Prices and payment terms

4.1Unless otherwise stated in the seller's product description, the prices stated are total prices and include statutory sales tax. Any additional delivery and shipping costs that may arise will be stated separately in the respective product description.

4.2For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for the transfer of money through credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may arise in relation to the money transfer even if the delivery does not take place to a country outside the European Union but the customer makes the payment from a country outside the European Union.

4.3The payment option(s) will be communicated to the customer in the seller's online shop.

4.4If you select the purchase on account payment method, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid without deduction to Klarna AB, Sveavägen 46,11134 Stockholm, Sweden (www.klarna.de) within 14 (fourteen) days from the invoice date, unless otherwise agreed. The purchase on account payment method requires a successful credit check by Klarna AB. If the customer is allowed to use the purchase on account payment method after checking their creditworthiness, the payment will be processed in cooperation with Klarna AB, to which the seller assigns his payment claim. In this case, the customer can only make payments to Klarna AB with debt-discharging effect. Otherwise, the general terms and conditions of Klarna AB apply, which the customer can access as part of the ordering process. The seller reserves the right to only offer the purchase on account payment method up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of a corresponding payment restriction in his payment information in the online shop.

4.5If you choose the credit card payment method via Stripe, the invoice amount is due immediately upon conclusion of the contract. Payment is processed via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: “Stripe”). Stripe reserves the right to carry out a credit check and to reject this payment method if the credit check is negative.

4.6If you select a payment method offered via the “Klarna” payment service, payment is processed via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter “Klarna”). Further information and Klarna’s terms and conditions can be found here:

https://www.padel-point.de/help-service_payments.html

5) Delivery and shipping conditions

5.1If the seller offers to ship the goods, delivery will take place within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive. Deviating from this, if you select the PayPal payment method, the delivery address provided by the customer with PayPal at the time of payment is decisive.

5.2If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the shipping costs if the customer effectively exercises his right of cancellation. If the customer effectively exercises the right of cancellation, the return shipping costs will be subject to the provisions set out in the seller's cancellation policy.

5.3If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has delivered the item to the freight forwarder, the freight carrier or the person or institution otherwise designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold is generally only transferred when the goods are handed over to the customer or a person authorized to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the goods sold, even for consumers, passes to the customer as soon as the seller has delivered the item to the freight forwarder, the freight carrier or the other person or institution designated to carry out the shipment, if the customer commissions the freight forwarder, the freight carrier or the other person or institution designated to carry out the shipment to carry out the shipment and the seller has not previously named this person or institution to the customer.

5.4The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery. This only applies in the event that the non-delivery is not the fault of the seller and the seller has concluded a specific cover transaction with the supplier with due care. The seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.

5.5If the seller offers the goods for collection, the customer can pick up the ordered goods within the business hours specified by the seller at the address specified by the seller. In this case no shipping costs will be charged.

5.6Vouchers are provided to the customer as follows:

• via email

6) Retention of title

If the seller makes advance payments, he reserves ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for defects (warranty)

Unless otherwise stated in the following regulations, the provisions of statutory liability for defects apply. Deviating from this, the following applies to contracts for the delivery of goods:

7.1If the customer acts as an entrepreneur,

• the seller has the choice of the type of supplementary performance;
• For new goods, the limitation period for defects is one year from delivery of the goods;
• In the case of used goods, rights and claims due to defects are excluded;
• The statute of limitations does not begin again if a replacement delivery is made within the scope of liability for defects.

7.2The liability limitations and shortening of deadlines regulated above do not apply

• for claims for damages and reimbursement of expenses by the customer,
• in the event that the seller fraudulently concealed the defect,
• for goods that have been used for a building in accordance with their normal use and have caused its defects,
• for any obligation of the seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.

7.3In addition, for entrepreneurs, the statutory limitation periods for any existing legal recourse claim remain unaffected.

7.4If the customer acts as a merchant within the meaning of § 1 HGB, he is subject to the commercial obligation to investigate and report complaints in accordance with § 377 HGB. If the customer fails to comply with the reporting obligations regulated there, the goods are deemed to have been approved.

7.5If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply with this, this will have no impact on his legal or contractual claims for defects.

8) Special conditions for processing goods according to specific customer specifications

8.1If, according to the content of the contract, the seller owes not only the delivery of the goods but also the processing of the goods according to the customer's specific specifications, the customer must provide the seller with all content required for processing, such as texts, images or graphics, in the file formats, formatting, image and file sizes specified by the seller and grant the seller the necessary rights of use for this. The customer is solely responsible for obtaining and acquiring rights to this content. The customer declares and assumes responsibility for having the right to use the content provided to the seller. In particular, he ensures that no third-party rights are violated, in particular copyright, trademark and personal rights.

8.2The customer releases the seller from claims by third parties that they may assert against the seller in connection with a violation of their rights through the contractual use of the customer's content. The customer also assumes the necessary legal defense costs, including all court and legal fees at the statutory rate. This does not apply if the customer is not responsible for the infringement. In the event of a claim by third parties, the customer is obliged to provide the seller immediately, truthfully and completely with all information required to examine the claims and defend them.

8.3The seller reserves the right to reject processing orders if the content provided by the customer violates legal or official prohibitions or morality. This applies in particular to the provision of unconstitutional, racist, xenophobic, discriminatory, offensive, youth-endangering and/or violence-glorifying content.

9) Redeeming promotional vouchers

9.1Vouchers that are issued free of charge by the seller as part of promotions with a specific period of validity and which cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only during the specified period.

9.2Individual products may be excluded from the voucher campaign if a corresponding restriction results from the content of the campaign voucher.

9.3Promotional vouchers can only be redeemed before completing the ordering process. Subsequent billing is not possible.

9.4Only one promotional voucher can be redeemed per order.

9.5The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.

9.6If the value of the promotional voucher is not sufficient to cover the order, you can choose one of the other payment methods offered by the seller to pay the difference.

9.7The balance of a promotional voucher will neither be paid out in cash nor interest.

9.8The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of his statutory right of withdrawal.

9.9The promotional voucher is only intended for use by the person named on it. A transfer of the promotional voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material eligibility of the respective voucher holder.

10) Gift Certificate Redemption

10.1Vouchers that can be purchased via the seller's online shop (hereinafter "gift vouchers") can only be redeemed in the seller's online shop, unless the voucher states otherwise.

10.2Gift vouchers and remaining balance of gift vouchers can be redeemed until the end of the third year following the year in which the voucher was purchased. Remaining credit will be credited to the customer until the expiry date.

10.3Gift vouchers can only be redeemed before completing the ordering process. Subsequent billing is not possible.

10.4Multiple gift vouchers can also be redeemed with one order.

10.5Gift vouchers can only be used to purchase goods and not to purchase additional gift vouchers.

10.6If the value of the gift voucher is not sufficient to cover the order, you can choose one of the other payment methods offered by the seller to pay the difference.

10.7The balance of a gift voucher will neither be paid out in cash nor interest.

10.8The gift voucher is transferable. The seller can make payments with discharging effect to the respective holder who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the lack of authorization, incapacity or lack of authorization to represent the respective owner.

11) Applicable Law

The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.

12) Place of jurisdiction

If the customer acts as a merchant, a legal entity under public law or a special fund under public law based in the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is in any case entitled to appeal to the court at the customer's registered office.

13) Code of Conduct

- The seller has subjected himself to the Trusted Shops quality criteria, which are available on the Internet https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf are visible.

14) Alternative Dispute Resolution

14.1The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/or

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

14.2The seller is neither obliged nor willing to take part in a dispute resolution procedure before a consumer arbitration board.