Terms And Conditions
for the online shop at the URL
operated by
AS Activewear
Syed Shah
Becklemer Weg 11
45711 Datteln
Email: service@as-activewear.de
Telefonnummer: 049 1764 0523445
- hereinafter: Provider -
1. Scope
These General Terms and Conditions (GTC) apply, once incorporated, to all contracts for the purchase of goods, services, or other items (hereinafter referred to as "goods") in the online shop under the above-mentioned URL, in the version valid at the time of the contract conclusion. These GTC apply exclusively. Deviating terms and conditions of the customer do not become part of the contract unless the provider expressly agrees to them.
2. Conclusion of Contract
2.1 The offers in the online shop constitute a non-binding invitation by the provider to online shop visitors to submit an offer to purchase the goods offered in the shop.
2.2 The order of the goods is placed via the provider's online order form. After selecting the desired goods, entering all required mandatory information, and completing all other necessary steps in the ordering process, the selected goods can be ordered by clicking the order button at the end of the checkout page (order). By placing the order, the customer submits a binding contractual offer to purchase the selected goods. The contract is concluded when the provider accepts the customer's offer. Acceptance occurs when the provider confirms the contract in written or text form (e.g., by email) and the customer receives this order confirmation, or when the provider delivers the ordered goods and the customer receives them, or when the provider requests payment (e.g., via invoice or credit card payment during the ordering process) and the customer receives the payment request. The relevant time for the conclusion of the contract is the moment when one of the alternatives mentioned in the first sentence occurs for the first time.
2.3 Before submitting the order via the provider's online order form, the customer can review their entries and correct them at any time using the usual keyboard, mouse, touch, or any other available input functions. In addition, all entries will be displayed again in a confirmation window before the binding submission of the order, and they can also be corrected there using the usual keyboard, mouse, touch, or any other available input functions.
2.4 The provider will store the contract text after the conclusion of the contract and transmit it to the customer in text form (e.g., by email). No further provision of the contract text by the provider will take place. If the purchase was made via a customer account in the online shop, the customer can view their orders and the associated order data there.
2.5 The following languages are available for the conclusion of the contract: German, English.
3. Right of Withdrawal for Consumers
Consumers generally have a right of withdrawal for contracts concluded outside of business premises and for distance contracts. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither related to their commercial nor their independent professional activity. Details can be found in the cancellation policy, which is provided to each consumer at the latest immediately before the conclusion of the contract.
4. Payment, Default
4.1 The prices listed in the online shop at the time of the order apply. All prices include the statutory value-added tax and are subject to any shipping costs that may be listed. The customer will be informed about the available payment options in the provider's online shop.
4.2 If "prepayment" is agreed upon, the purchase price is due immediately after the conclusion of the contract.
4.3 If "SEPA Direct Debit" is agreed upon, payment is due immediately after the conclusion of the contract. Before the debit of the purchase price, the customer will be informed about when to expect the debit of the agreed purchase price (Pre-Notification). The direct debit will not occur before the customer receives this pre-notification and not before the deadline mentioned in the pre-notification. If the direct debit fails due to insufficient account funds, incorrect bank details, or other reasons for which the customer is responsible, the customer will bear any potential chargeback fees, provided they are responsible for the failure of the direct debit.
4.4 If payment by credit or debit card is agreed upon, the purchase price is due immediately after the conclusion of the contract.
4.5 If payment via "PayPal" is agreed upon, the purchase price is due immediately after the conclusion of the contract. The payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg.
4.6 If Giropay is agreed upon, the purchase price is due immediately after the conclusion of the contract. The payment processing is carried out by paydirect GmbH, Stephanstr. 14-16, 60313 Frankfurt am Main.
5. Retention of Title
The purchased goods remain the property of the provider until the full payment of the purchase price has been made.
6. Delivery and Reservation of Self-Delivery
6.1 Unless otherwise agreed, delivery will be made within the delivery time specified in the online shop to the delivery address provided by the customer. The applicable delivery times can be found in the online shop
6.2 In the case of freight deliveries, the delivery is made "free curbside" unless otherwise agreed. This means that the delivery will be made to the nearest public curbside at the specified delivery address.
6.3 Self-collection of the purchased goods is not possible.
6.4 If the provider is unable to deliver the ordered goods because, through no fault of their own, they were not supplied by their own supplier, despite having concluded a matching cover transaction with a reliable supplier in a timely manner, the provider is released from their obligation to perform and may withdraw from the contract. The provider is obliged to inform the customer immediately about the impossibility of fulfilling the contract. Any counter-performance already made by the customer will be refunded without delay. Mandatory consumer rights remain unaffected by this paragraph.
7. Warranty
The provisions of the statutory warranty for defects apply.
8. Liability and Indemnification
8.1 The provider is fully liable for:
- for damages resulting from the injury to life, body, or health that are caused by an intentional or negligent breach of duty by the provider or by an intentional or negligent breach of duty by a legal representative or vicarious agent of the provider;
- for damages resulting from an intentional or grossly negligent breach of duty by the provider or from an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the provider;
- for damages resulting from a warranty promise, unless a different arrangement has been made in this regard;
- for damages resulting from mandatory liability (e.g., under the Product Liability Act);
8.2 If the provider negligently breaches an essential contractual obligation, their liability is limited to the typical, foreseeable damage, unless they are liable without limitation according to the previous paragraph. Essential contractual obligations are those duties that the contract imposes on the provider in order to achieve the contract’s purpose, whose fulfillment is necessary for the proper execution of the contract, and on which the customer can regularly rely.
8.3 Otherwise, the provider’s liability, as well as the liability of its vicarious agents and legal representatives, is excluded.
8.4 The customer shall indemnify the provider from any claims made by third parties – including the costs of legal defense in their statutory amount – that are asserted against the provider due to unlawful or contractually unauthorized actions of the customer.
9. Data Protection
The provider treats the personal data of its customers confidentially and in accordance with the statutory data protection regulations. For more details, please refer to the provider's privacy policy.
10. Final Provisions
10.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods, provided that this choice of law does not result in a consumer with a habitual residence in the EU being deprived of mandatory legal provisions of the law of their country of residence.
10.2 If the customer is a merchant, a legal entity under public law, or a special fund under public law, the court at the provider's place of business shall have jurisdiction, unless an exclusive jurisdiction is established for the dispute. This also applies if the customer does not have a residence within the European Union. The location of our company can be found in the heading of these GTC.
10.3 Insofar as any provision of this contract is or becomes invalid or unenforceable, the remaining provisions of this contract shall remain unaffected.
11. Information on Online Dispute Resolution / Consumer Arbitration
The European Commission provides an online dispute resolution platform at the following link: https://ec.europa.eu/consumers/odr.
The provider is neither willing nor obligated to participate in dispute resolution procedures before a consumer arbitration board.
You can find our email address in the heading of these GTC.