General Terms and Conditions of Business
GOLFINO Online Store United States of America (Last updated: 23 May 2019)
§ 1 Scope of application and contractual partners
(1) The business relationship between International Leisure Brands (Deutschland) GmbH, Humboldtstr. 15, 21509 Glinde, Germany, entered in the commercial register of the District Court of Hamburg, Germany, under the number HRB 161252, with the registered office of the company (referred to below as “Seller”) in Glinde, VAT ID number DE 328 908 155, and the Customer (referred to below as “Customer”) for transactions in the GOLFINO Online Store United States (http://www.golfino.com/us)), referred to below as “Online Store”, is governed by the General Terms and Conditions of Business below (referred to below as “Terms”) in the version valid at the time of the respective order.
(2) The Terms regulate the details of the contractual relationship and at the same time contain important consumer information in the legally relevant version. By means of links in the Online Store the Customer can access the Terms when ordering, save them on their computer and/or print them out.
(3) The customer service (referred to below as “Customer Care”) for the Online Store is provided on behalf of the Seller by the following company, which the Customer can contact for questions, wishes or complaints:
International Leisure Brands (Deutschland) GmbH, Customer Care, Humboldtstr. 15, 21509 Glinde, Phone: +49 (0) 40 727 55 200, Fax: +49 (0) 40 727 55 100, Email: email@example.com.
(4) The goods offered in the Online Store are aimed exclusively at adult consumers whose normal place of residence is in the territory of the United States and who can provide a delivery address here. A consumer within the meaning of the legal definition is any natural person who concludes a legal transaction for purposes that can mainly be ascribed to neither their commercial activity nor to their self-employed professional activity.
§ 2 Order process
(1) The Online Store only constitutes an invitation to the Customer to issue offers to conclude a purchase agreement for the goods presented.
(2) The Customer can select products from the Seller’s selection and collect these in a so-called shopping basket by clicking on the button “Add to shopping basket”. When the Customer clicks on the button “Confirm purchase”, they make a binding offer to purchase the goods in the shopping basket (referred to below as “Order”).
(3) The value per order of whatever kind (gross goods value including VAT but excluding delivery costs or other costs; referred to below as “Order Value”) must be at least $25 and no more than $775. Goods are sold only in normal household quantities.
(4) The Customer can view the order details and change these at any time before placing the Order. A change can be made either by using the button “Change order” or via links to the individual order details fields and the “Back” functions.
(5) After placing the Order, the Customer will receive an automatic confirmation of receipt by email, which once again reproduces the content of the Customer’s order. This automatic confirmation of receipt does not yet represent any acceptance of the offer, but merely documents that the Seller has received the Order.
(6) The contract only comes about through the Seller’s issuing the declaration of acceptance. The Seller declares acceptance by means of a confirmation of dispatch sent by email.
(7) If the Order comprises several articles, the contract only comes about for those articles that are expressly stated as deliverable in the confirmation of dispatch.
(8) The above also applies if due to the selected payment method the Customer has already paid the purchase price or authorized the payment before the conclusion of the contract. If, however, in this case the contract should not come about for any reason, the Seller shall inform the Customer of this (in the event of partial acceptance of the contract this shall be together with the acceptance of the contract for the deliverable articles) and immediately refund the advance payment.
(9) The Customer’s legal right of cancellation (see § 7) remains unaffected by the above provisions.
(10) The contract is concluded in English. The contract text (consisting of the Order, the Terms, confirmation of delivery and order confirmation) will be saved by the Seller while ensuring data protection and sent to the Customer by email. Registered Customers can also see their current orders in their personal customer area.
§ 3 Delivery, delivery periods, availability of goods
(1) Unless anything has been agreed otherwise, delivery takes place to the delivery address provided by the Customer. Delivery only takes place within the United States. Unless the Customer is informed otherwise, the delivery period for standard delivery is approximately 2 to 4 working days after confirmation of dispatch. More precise information about the delivery options, the delivery companies used, and the delivery process can be found on the information pages of the Online Store.
(2) After the goods have been handed over to the delivery company, the Customer will receive a confirmation of dispatch from the Seller by email containing a tracking link by means of which the Customer can track the delivery.
(3) If the Seller is unable to adhere to a binding delivery period for reasons beyond its control (goods unavailable, e.g. due to force majeure), the Seller will inform the Customer of this immediately stating the new probable delivery period. If the new delivery period is unacceptable to the Customer, or the goods are not available during the new delivery period or are no longer available at all, both contracting parties are entitled to withdraw from the contract with regard to the goods concerned; in this case the Seller will immediately refund the Customer for any consideration already provided. The contracting parties’ statutory rights shall remain unaffected by this.
§ 4 Prices and delivery costs
(1) The prices stated in the Online Store at the time of the order apply. All the prices indicated in the Seller’s Online Store include the statutory VAT at the respective valid rate.
(2) The Seller shall inform the Customer of any delivery costs applicable and any additional costs, e.g. for gift packaging, in the order form immediately prior to the order being placed. The Customer must bear the delivery costs advised to them and any additional costs.
(3) In case of delivery to third countries outside the European Union, customs or import duties may be payable. Whether and to what extent import duties are due depends on the country of delivery, the value of the goods, the type of consignment and other factors, if applicable. Unfortunately, no information can be provided in advance as to whether and to what extent import duties will be payable. The import duties are to be paid by the customer.
(4) Errors and changes excepted. All details apply only as long as stocks last.
§ 5 Payment
(1) The Seller accepts only the payment methods indicated to the Customer during the order process.
(2) The Seller reserves the right in individual cases to exclude certain payment methods for protection against the creditworthiness risk.
(3) When payment is made by credit card, the card is debited when the goods are dispatched. The Seller accepts Visa, Mastercard and American Express credit cards.
(4) The payment methods PayPal or PayPal Express are offered in cooperation with the supplier PayPal (PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, telephone 0800 723 4500). To make payments with PayPal, the Customer only requires a free PayPal account. Registration and further information at www.paypal.de. Payments are always free of charge for the Customer.
(5) You will receive the invoices upon request by email irrespective of the payment method selected.
§ 6 Promotional vouchers
(1) The Online Store offers promotional vouchers. Promotional vouchers are vouchers that you cannot purchase, but are issued as part of promotions with a specific validity period.
(2) Promotion vouchers are only valid during the specified period and, unless otherwise stated, can only be redeemed once as part of an order process in the Online Store. Individual categories or even individual items may be excluded from the voucher promotion. Promotion vouchers cannot be applied to shipping costs, unless the promotion explicitly refers to the exemption from shipping costs.
(3) If specified, the value of the goods must be at least equal to the amount of the promotional voucher. In addition, the minimum order value must be reached. For administrative reasons, it is not possible to refund any remaining credit.
(4) You can redeem the voucher via a corresponding button by entering the voucher code in the last overview of the order process, but only before completion of the order. A subsequent crediting is not possible. The credit balance of a promotional voucher is neither paid out in cash nor does it earn interest.
(5) The promotional voucher cannot be transferred to third parties. Multiple promotional vouchers cannot be combined with each other.
(6) If the credit of a promotional voucher is not sufficient for the order, the difference can be made up with the payment options offered.
(7) The promotional voucher will not be refunded if goods are returned in whole or in part, provided that the promotional voucher was issued as part of a promotion and no service was rendered in return.
(8) Please refer to the respective redemption conditions for information on the further applicable terms and conditions and the redeemability of the vouchers with regard to our various sales models.
§ 7 Gift vouchers
(1) Gift vouchers (vouchers that you can purchase) can be redeemed for purchase in the Online Store.
(2) The balance of a gift voucher will neither be paid out in cash nor will it earn interest.
(3) Gift vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.
(4) If the credit of a gift voucher is not sufficient for the order, the difference can be made up with the payment options offered.
(5) Lost, in particular stolen, gift vouchers cannot be refunded. The Online Store accepts no liability for lost gift vouchers.
(6) The gift voucher is transferable. The duplication, editing or manipulation of the gift vouchers is not permitted..
(7) The voucher code will be sent by e-mail after receipt of the order.
(8) The value of the gift voucher will be divided proportionally between your ordered items. In case of a partial return, your gift voucher will be charged proportionally.
§ 8 Goodwill and claims vouchers
(1) Golfino issues goodwill and claims vouchers in special cases. Goodwill and claims vouchers are vouchers that cannot be purchased, but are issued individually after careful examination by our Customer Care.
(2) Goodwill and claims vouchers are only valid during the specified period and can only be redeemed once as part of an order process in the Online Store.
(3) Partial amounts cannot be redeemed for goodwill and claims vouchers; the full value of the issued voucher must always be redeemed. For administrative reasons, however, it is not possible to refund any remaining credit.
(4) You can redeem the voucher via a corresponding button by entering the voucher code in the last overview of the order process, but only before completing the order process. Subsequent offsetting is not possible. The credit balance of a goodwill and claims voucher cannot be paid out in cash nor does it earn interest.
(5) Goodwill and claims vouchers cannot be transferred to third parties. Multiple goodwill and claims vouchers cannot be combined with each other.
(6) If the credit balance of a goodwill and claims voucher is not sufficient for the order, the difference can be made up with the payment options offered.
(7) In the case of a full return, goodwill and claims vouchers will be reactivated; in the case of a partial return, a new voucher with the corresponding value will be created.
§ 9 Retention of title
(1) The delivered goods remain the Seller’s property until the purchase price is paid in full.
§ 10 Right of cancellation
(1) When concluding a distance sale, consumers strictly have a statutory right of cancellation; departures from this are only permitted if these are to the benefit of the consumer. The Seller wishes to inform you of this as follows in accordance with the legal regulations:
Right of cancellation
You have the right to cancel this contract within 14 days without stating the reasons.
The cancellation period is 14 days from the day on which you or a third party named by you who is not a haulier took possession of the goods.
To exercise your right of cancellation you must inform us (for contact details see below) of your decision to cancel this contract by means of a clear declaration (e.g. a letter sent by post, fax or email). You can use the attached specimen cancellation form for this, but this is not obligatory. You can also download or print out another clear declaration on our website to exercise your right of cancellation.
You can also exercise your right of cancellation by returning the goods concerned to us together with the returns slip enclosed with the delivery within the cancellation period note; in this case no separate declaration is necessary.
To ensure you are within the cancellation period, it is sufficient for you to send us the notification that you are exercising your right of cancellation before the expiry of the cancellation period.
Contact details for cancellation:
For a declaration of cancellation in written form:
International Leisure Brands (Deutschland) GmbH
For cancellation by email: firstname.lastname@example.org
For cancellation by fax: +49 (0) 40 727 55 100
For cancellation by phone: +49 (0) 40 727 55 200
For cancellation by returning the goods:
International Leisure Brands (Deutschland) GmbH
Consequences of cancellation
If you cancel this contract, we have to refund to you all the payments we have received from you, including the delivery costs (with the exclusion of the additional costs arising due to your having chosen a form of delivery other than the inexpensive standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we receive the notification that you are cancelling this contract. We will use the same payment method for this refund as you used for the original transaction, unless anything to the contrary was expressly agreed with you; in no event will you be charged fees on account of this refund.
We can refuse to provide a refund until we have received the goods again or until you have provided proof that you have sent the goods back, depending on which is the earlier date.
You must return the goods immediately, and in all events no later than fourteen days from the day on which you inform us that you are cancelling the contract (see above). To ensure you are within this period it is sufficient for you to send the goods off before the expiry of the fourteen-day period.
We will bear the costs of returning the goods for you if you use the returns slip and returns label included in the delivery.
Otherwise you yourself will have to bear the direct costs of returning the goods.
You will only have to pay for any loss in value of the goods if this loss in value is due to any handling of the goods by you that was not necessary for inspecting the quality, properties and functionality of the goods.
Exclusion of the right of cancellation
There is no right of cancellation among other things for contracts
- for the delivery of goods that are not ready-made and for the production of which an individual choice or stipulation by the consumer is important or which are clearly customized to the consumer’s personal needs,
(2) We wish to inform you about the specimen cancellation form in accordance with the legal provisions as follows. However, you do not have to use it.
Specimen cancellation form
(If you wish to cancel the contract, please complete this form and send it back.)
- To [the name, address and if applicable the fax number and email address of the entrepreneur should be inserted here by the entrepreneur]:
- I/we (*) hereby cancel the contract for the purchase of the following goods (*)/the provision of the following service (*) concluded by me/us (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only for notification on paper)
(*) Delete as applicable
§ 11 Guarantee
(1) The guarantee for faults in the purchased goods is in accordance with the legal regulations. This applies independently of the legal right of cancellation in accordance with § 7. The Seller is liable for compensation exclusively in accordance with § 9.
§ 12 Liability
(1) The Seller assumes unlimited liability for intent and gross negligence. For slight negligence the Seller assumes liability only for damages arising out of death, injury to body or health, or out of a material contractual duty (an obligation the fulfilment of which makes the proper implementation of the contract possible at all, and on compliance with which the contractual partner regularly relies and may rely).
(2) In the case of simply careless breach of material contractual duties, the Seller’s liability is limited in amount to the foreseeable, typically occurring damages. Otherwise the Seller’s liability is excluded.
(3) The above limitations of liability also apply to the benefit of the Seller’s legal representatives and assistants.
(4) The above limitations of liability do not apply insofar as the Seller has fraudulently concealed a fault or has assumed a guarantee for the quality of the goods. The same applies to claims by the Customer in accordance with the German Product Liability Act [Produkthaftungsgesetz].
§ 13 Copyright
(1) The content of the GOLFINO Online Store including the texts, graphics, photos, pictures and illustrations is copyright-protected. The brands used in the GOLFINO Online Store are also protected in favor of International Leisure Brands (Deutschland) GmbH. No use is permitted without the prior written agreement of GOLFINO.
§ 14 Resolution of disputes
(1) The Seller hereby wishes to make the Customer aware of the existence of the European Online Dispute Resolution platform, which can be used for resolving disputes without having to involve a court. The European Commission provides a platform for online dispute resolution which can be found at http://ec.europa.eu/consumers/odr/. International Leisure Brands (Deutschland) GmbH does not participate in dispute resolution proceedings before a consumer arbitration body.
§ 15 Choice of law and place of jurisdiction
(1) Contracts between the Seller and the Customer and also these Terms are governed by the law of the Federal Republic of Germany with the exclusion of the UN Convention on Contracts for the International Sale of Goods. The legal regulations for the restriction of the choice of law and the applicability of mandatory provisions in particular of the country in which the Customer has their normal place of residence remain unaffected.
(2) The legal regulations apply to the place of jurisdiction. The Seller does not participate in dispute resolution proceedings before a consumer arbitration body.