General Terms and Conditions
GENERAL TERMS AND CONDITIONS OF &
www.vitossportinggoods.de
Welcome to Vito's Sporting Goods! These terms and conditions apply to all our brands (Capri Golf & Mirage Sports)
§ 1 Scope and Provider
(1) The General Terms and Conditions (hereinafter referred to as "GTC") govern the sale of products by Vito's Sporting Goods GmbH (hereinafter referred to as the provider) to you, in their version valid at the time of the order.
(2) Deviating GTC of the customer will be rejected.
(3) Please read these terms carefully before placing an order with Vito's Sporting Goods GmbH. By placing an order with Vito's Sporting Goods GmbH, you agree to the application of these sales conditions to your order.
(4) At Vito's Sporting Goods, we offer the sale of the following products:
golf balls, golf clubs, golf gloves, and various golf items of all kinds.
§ 2 Conclusion of the Contract
(1) Contracts on this portal can only be concluded in German.
(2) The offers are exclusively directed at end customers with a billing and delivery address in:
within the European Union.
For certain bulky goods, the possible delivery addresses and the delivery location may be restricted; the restriction is indicated in the respective list price.
(3) The customer must be at least 18 years old.
(4) The presentation of goods in the online shop does not constitute a legally binding offer. By presenting the goods, the customer is merely invited to make an offer.
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(5) Your order constitutes an offer to Vito's Sporting Goods for the conclusion of a purchase contract. The customer submits a binding offer when they complete the online ordering process by entering the required information and clicking the "order with payment obligation" button in the final step of the order.
(6) The purchase contract between the provider and the customer is only concluded through an acceptance declaration from the provider. This occurs at the earlier of the two dates, either the dispatch of the goods or the sending of a shipping confirmation via email.Please note that the confirmation of receipt of your order does not constitute an acceptance declaration in the aforementioned sense.
(7) The validity of contracts for quantities larger than household amounts, as well as the commercial resale of the purchased item, requires explicit confirmation from the provider. This applies both to the number of products ordered within a single order and to the placement of multiple orders for the same product, where each individual order includes a household amount.
(8) Your orders will be stored with us after the conclusion of the contract. If you lose your documents regarding your orders, please contact us by email or phone. We will send you a copy of the order data.
(9) You agree to receive invoices electronically.Electronic invoices will be made available to you via email or in the customer account on the website. We will inform you in the shipping confirmation for each delivery whether an electronic invoice is available. You can find more information about electronic invoices on our website.
§ 3 Prices and Shipping Costs
(1) Our prices include the applicable statutory value-added tax and are exclusive of shipping flat rates or shipping surcharges. The shipping surcharges vary depending on the type of delivery and the nature of the item.
(2) Despite our greatest efforts, a small number of products in our catalog may be incorrectly priced. We verify the prices when processing your order and before charging the payment.If a product is marked with an incorrect price and the correct price is higher than the price on the website, we will contact you before shipping the goods to ask whether you would like to purchase the product at the correct price or cancel the order. If the correct price of a product is lower than the price we have indicated, we will charge the lower amount and send you the product.
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(3) The prices applicable are those at the time of the order. If list prices are available, the prices of the list price valid at the time of the order shall apply.
§ 4 Delivery and Cancellation
(1) Unless otherwise agreed, delivery will be made to the delivery address specified by the customer.On the website, you will find information regarding the availability of products sold by Vito's Sporting Goods (z.B on the respective product detail page). We would like to point out that all information regarding availability, shipping, or delivery of a product is merely estimated and approximate guidelines. They do not represent binding or guaranteed shipping or delivery dates, unless explicitly stated as a binding date in the shipping options of the respective product.
(2) If Vito's Sporting Goods determines during the processing of your order that products you ordered are not available, you will be informed separately via email or through a message in your customer account. The statutory claims of the purchaser remain unaffected.
(3) Insofar as a delivery to the customer is not possible because the delivered goods do not fit through the entrance door, front door, or staircase of the customer, or because the customer cannot be found at the delivery address provided by them, although the delivery time was announced to the customer with reasonable notice, the customer bears the costs for the unsuccessful delivery.
(4) The delivery is made depending on the payment method of the customer. In the case of prepayment, delivery occurs after the payment order has been issued to the transferring credit institution. For payment via PayPal, credit card, gift card, direct debit, instant transfer, or invoice, delivery occurs after the conclusion of the contract.
(5) If your order is shipped in more than one package, it may happen that you receive a separate shipping confirmation for each package.In this case, a separate purchase contract is concluded between us regarding each shipping confirmation for the products listed in the respective shipping confirmation. The contracting party is Vito's Sporting Goods GmbH. Regardless of your right of withdrawal, you can cancel your order for a product free of charge at any time before the corresponding shipping confirmation is sent.
(6) If a subscription has been concluded with Vito's Sporting Goods, it can be canceled at any time. The subscription has a minimum term of three deliveries and will be automatically terminated after the third delivery if canceled in due time. The cancellation is considered proper and timely if it is made using our form, which can be found in the footer of our website, and submitted to us one week before the start of the last delivery.
§ 5 Payment
(1) The customer can pay for the goods using the following payment methods:
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- Paypal
- Credit Card
- Instant Transfer
- On Account
Payment on account is only possible for consumers aged 18 and over. The delivery address, the residential address, and the billing address must be identical and located in the following countries:
Germany
For services that are transmitted online (z.B. Software for download) as well as for the purchase of gift cards, payment on account is not possible.The invoice amount is due upon receipt of the invoice. Vito's Sporting Goods GmbH reserves the right not to offer certain payment methods in individual cases.
For payment by invoice, an additional fee of €4.99 (four euros and ninety-nine cents) including the applicable value-added tax per delivery will be charged for the complete shipping, if applicable. The customer will always be informed separately before the conclusion of the contract whether this fee applies.
If the invoice amount is not paid at the due date for reasons attributable to the customer, Vito's Sporting Goods GmbH will charge a flat-rate compensation of €15.99 (fifteen euros and ninety-nine cents). The customer can prove that no damage has occurred at all or that it is significantly lower than the flat rate.
When paying by invoice and in other cases with justified reason, Vito's Sporting Goods reviews and evaluates the data provided by the customers.
- Prepayment
(2) Certain payment methods may be excluded by the provider on a case-by-case basis.
(3) The customer is not permitted to pay for the goods by sending cash or checks.
(4) If the customer chooses an online payment method, the customer thereby authorizes the provider to collect the due amounts at the time of the order.
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(5) If the provider offers payment in advance and the customer chooses this payment method, the customer must transfer the invoice amount to the provider's account within five calendar days after receipt of the order. The provider will reserve the goods accordingly for five calendar days.
(6) If the provider offers payment by credit card and the customer chooses this payment method, the customer expressly authorizes the provider to collect the due amounts after the dispatch of partial deliveries or goods deliveries.
(7) If the provider offers payment by direct debit and the customer chooses this payment method, the customer grants the provider a SEPA basic mandate.Should there be a reversal of a payment transaction due to insufficient funds or due to incorrectly transmitted bank account details when paying by direct debit, the customer shall bear the costs.
(8) If the provider offers payment in advance and the customer chooses this payment method, the customer commits to pay the invoice amount within 14 days after the goods are shipped, without any deduction for discounts.
(9) If the customer falls into arrears with the payment, the provider reserves the right to assert claims for default damages.
§ 6 Set-off and Right of Retention
(1) The customer has the right to set-off only if the counterclaim of the customer has been legally established or has not been disputed by the provider.
(2) The customer can only exercise a right of retention to the extent that their counterclaim is based on the same contractual relationship.
§ 7 Retention of Title
Vito's Sporting Goods GmbH retains ownership of the goods until full payment has been made.
§ 8 Transport Damage
(1) If the customer receives the goods with obvious transport damage, the supplier requests them to report this as soon as possible.
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(2) If the customer fails to make the complaint, this will not affect their statutory warranty rights.The complaint aims to ensure that the provider can assert its own claims against the carrier.
§ 9 Right of Defects
(1) If the purchaser is a consumer, the warranty and liability for defects of the delivered purchase item shall be governed by the statutory provisions: Accordingly, purchasers in the European Union have warranty rights in addition to their 30-day return guarantee for a period of two years from the delivery of the goods and can demand the repair or replacement of products purchased from Vito's Sporting Goods if they prove to be defective or not as described. If the goods cannot be repaired or replaced within a reasonable time or without difficulties, you may request a refund or a reduction of the purchase price.
(2) In the case of used goods, the warranty period may be shorter than two years.
(3) If the buyer is not a consumer, the defect will be remedied by replacement delivery or new fulfillment.
(4) If the buyer is not a consumer, the limitation period is one year. This applies as long as no claims for damages and reimbursement of expenses are made that relate to compensation for damage to body and health or to intent or gross negligence.
§ 10 Limitation of Liability (Products)
(1) The provider is liable for claims for damages from the customer arising from injury to life, body, health, or from the violation of essential contractual obligations, as well as for other damages that are based on their intentional or grossly negligent breach of duty, or that of one of the legal representatives or vicarious agents of the provider.
(2) Essential contractual obligations are those duties whose fulfillment is necessary to achieve the purpose of the contract.
(3) The provider is liable for violations of essential contractual obligations that are based on contract-typical, foreseeable damages, provided that the damage was caused by simple negligence.This limitation does not apply to claims for damages by the customer that are based on an infringement of life, body, or health. (4) The provisions of the Product Liability Act remain unaffected. (5) To the extent that the liability of Vito's Sporting Goods is excluded or limited, this also applies to the personal liability of employees, representatives, and agents.
§ 11 Right of Withdrawal Information
(1) If the customer is a consumer, they have a right of withdrawal in accordance with the following provisions:
(2) Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reasons.
The withdrawal period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, has taken possession of the goods (or the last good, partial shipment, or piece in the case of a contract for multiple goods in a single order or the delivery of goods in multiple partial shipments or pieces) to withdraw without giving any reasons.
To exercise your right of withdrawal, you must inform us:
Vito's Sporting Goods GmbH
Mozartstr. 8,
61200 - Woelfersheim GERMANY
by means of a clear declaration (e.g., a letter sent by post, fax, or email) about your decision to withdraw from this contract. You can use the sample withdrawal form on our website or send us another clear declaration. If you make use of this option, we will promptly send you a confirmation of the receipt of such withdrawal (z.B. by email).
To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the withdrawal period expires and that you have returned the goods via our online return center within the defined period below.
For additional information regarding the scope, content, and
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If you have questions regarding the exercise of your rights, please contact our customer service.
(3) Consequences of Withdrawal
If you withdraw from this contract, we will refund you all payments we have received from you, including delivery costs (except for the additional costs resulting from your choice of a different type of delivery than the least expensive standard delivery offered by us), without delay and at the latest within 14 days from the day on which we received the notification of your withdrawal from this contract. For this refund, we will use the same payment method that you used for the original transaction, unless something else has been expressly agreed with you; in no case will you be charged any fees for this refund.
We can refuse the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier date.
You must return the goods immediately and in any case no later than 14 days from the day you inform us of the cancellation of this contract to
Vito's Sporting Goods GmbH
Mozartstr. 8,
61200 - Woelfersheim GERMANY
to send back or hand over. The deadline is met if you send the goods before the 14-day period has expired. We will cover the costs of returning the goods.
(4) Exceptions to the right of withdrawal
You are only liable for any loss in value of the goods if this loss in value is attributable to handling them in a manner that is not necessary for the examination of their nature, characteristics, and functioning.
The right of withdrawal does not exist oris void for the following contracts:
for the delivery of goods that are not suitable for return for reasons of health protection or hygiene and whose seal has been removed after delivery or that have been inseparably mixed with other goods due to their nature after delivery;
for the delivery of audio or video recordings or computer software in a
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sealed package, if the seal has been removed after delivery;
for the delivery of goods that are made to customer specifications or are clearly tailored to personal needs
for the delivery of goods that can spoil quickly or whose expiration date would be exceeded quickly;
for services when Vito's Sporting Goods has fully provided them and you have acknowledged and expressly agreed before placing the order that we can begin providing the service and you lose your right of withdrawal upon full performance of the contract;
for the delivery of newspapers, magazines, or illustrated publications, except for subscription contracts; and
for the delivery of alcoholic beverages, the price of which was agreed upon at the conclusion of the purchase contract, but whose delivery can only take place after 30 days and whose current value depends on fluctuations in the market that the entrepreneur cannot influence.
§ 12 Exclusion of the Right of Withdrawal
(1) The right of withdrawal does not exist for contracts
for the delivery of goods that are not pre-manufactured and for which the consumer's individual choice or specification is decisive or that are clearly tailored to the personal needs of the consumer;
for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded;
(2) The right of withdrawal expires prematurely for contracts
for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;
for the delivery of goods, when they have been inseparably mixed with other goods due to their nature after delivery;
for the delivery of audio or video recordings or computer software in a sealed package, when the seal has been removed after delivery.
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§ 13 Data Protection
(1) Should personal data (e.g., name, address, email address) be collected, we commit to obtaining your prior consent. We commit to not disclosing any data to third parties unless you have previously agreed.
(2) We would like to point out that the transmission of data over the Internet (e.g., via email) may have security vulnerabilities. Therefore, a flawless and uninterrupted protection of third-party data cannot be fully guaranteed. In this regard, our liability is excluded.
(3) Third parties are not permitted to use contact data for commercial activities unless the provider has previously granted written consent to the affected individuals.
(4) You have the right at any time to obtain complete and free information from Vito's Sporting Goods regarding the data concerning you.
(5) Furthermore, there is a right to correction/deletion of data/restriction of processing for the user.
§ 14 Cookies
(1) To display the product offerings, it may be necessary for us to use cookies. Cookies are small text files that are stored locally in the cache of the internet browser of the site visitor.
(2) Numerous websites and servers use cookies.Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a string through which websites and servers can be assigned to the specific internet browser in which the cookie is stored. This allows the visited websites and servers to distinguish the individual browser of the affected person from other internet browsers that contain different cookies. A specific internet browser can be recognized and identified by the unique cookie ID.
(3) By using cookies, this website can provide users with more user-friendly services that would not be possible without the setting of cookies.
(4) We would like to point out that some of these cookies are transferred from our server to your computer system, which are usually so-called session-related cookies.Session-related cookies are characterized by the fact that they are automatically deleted from your hard drive at the end of the browser session. Other cookies remain on your computer system and allow us to recognize your computer system during your next visit (so-called persistent cookies). You can object to the storage of cookies; a banner is available for you to accept or reject them. Of course, you can also configure your browser to prevent cookies from being stored on the hard drive or to delete already stored cookies.The instructions regarding the prevention and deletion of cookies can be found in the help function of your browser or software manufacturer.
§ 15 Jurisdiction and Applicable Law
(1) For disputes and disagreements arising from this contract, only the law of the Federal Republic of Germany shall apply, excluding the UN Sales Convention.
(2) The sole jurisdiction for orders from merchants, legal entities under public law, or public law special funds is the location of the provider.
§ 16 Final Provisions
(1) The language of the contract is German.
(2) We do not offer products or services for purchase by minors.Our products for children can only be purchased by adults. If you are under 18, you may only use Vito's Sporting Goods with the involvement of a parent or guardian.
(3) If you violate these terms and conditions and we do not take action against it, we still reserve the right to exercise our rights on any other occasion when you violate these sales conditions.
(4) We reserve the right to make changes to our website, rules, conditions including these terms and conditions at any time. The sales conditions, contractual conditions, and terms and conditions that are in effect at the time of your order apply to your order, unless a change to these conditions is required by law or by official order (in this case, they also apply to orders you have placed previously).If a provision in these terms and conditions of sale
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is invalid, void, or unenforceable for any reason, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
(5) The invalidity of one provision does not affect the validity of the other provisions of the contract. Should this occur, the provision shall be replaced by another legally permissible provision that corresponds to the meaning and purpose of the invalid provision.
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