1. General, Customers, Language
(1) All offers, sales contracts, deliveries and services made on the basis of any orders by our customers (each, a „Customer“) through our online shop https://eu.ironmanstore.com/ (the „Internet Shop“) shall be governed by these general terms and conditions of sale (the „General Terms and Conditions“).
(2) Contractual partner of the customer is:
IRONMAN Germany GmbH
IRONMAN EMEA Headquarters
Höchster Straße 90
65835 Liederbach / Germany
(3) The product offerings in the Internet Shop are directed to both Consumers and Business Customers (as defined below), but in each case only to end users. For the purpose of these General Terms and Conditions, (i) a „Consumer“ is any individual entering into the contract for a purpose not related to his or her business, trade or self-employed professional activity (Sec. 13 of the German Civil Code), and (ii) a „Business Customer“ is a Customer (whether an individual, company or partnership vested with legal capacity) who enters into the relevant contract in the conduct of its business or its self-employed professional activity (Sec. 14 (1) of the German Civil Code).
(4) Standard business conditions of the Customer do not apply, regardless of whether or not we expressly object to them in a particular case.
(5) Our contracts with the Customer shall be made exclusively in the German or English language, in each case depending on whether the Customer makes the relevant purchase on our English language or on our German language website. Therefore, if the order is made on our German website, exclusively the German version of these General Terms and Conditions shall be relevant. If the order is made on our English website, exclusively the English version of these General Terms and Conditions shall be relevant.
2. Conclusion of Contract
(1) Our offerings published in the Internet Shop are non-binding.
(2) By placing an order in the Internet Shop (which requires prior registration and acceptance of these General Terms and Conditions), the Customer makes a binding offer to purchase the relevant product. The offer shall remain valid and binding for a period ending on the end of the third business day following the day of the offer.
(3) Without undue delay upon receipt of the order, we will send to the Customer by e-mail a confirmation of receipt, which shall not constitute an acceptance of the order. The order shall be deemed to be accepted by us either upon subsequent (e-mail) acceptance of the order or by dispatching the product. The sales contract with the Customer shall not become effective until our acceptance.
(4) We accept orders and deliveries in no other countries than the following: Germany, Austria, France, United Kingdom, Italy, Belgium, Netherlands, Luxembourg, Bulgaria, Denmark, Estonia, Latvia, Lithuania, Finland, Greece, Ireland, Malta, Norway, Poland, Portugal, Romania, Sweden, Switzerland, Slovakia, Slovenia, Spain, Croatia, Czech, Turkey, Hungary, Cyprus. *additional import duties and taxes will be the responsibility of the customer in Switzerland, Norway and the Canary Islands.
(5) Any Customer who is a Consumer shall be entitled to revoke the offer and return the product in accordance with the cancellation and return policy as separately made available to the Customer on our website in connection with the order process.
3. Prices and Payment
(1) Our prices include statutory VAT, but are net of shipping costs. Shipping costs, any customs duties and similar public charges (all together costs) shall be borne in any case by the Customer and have to be paid before delivery. In case of a reversed transaction or returns these costs are not reimbursed by us. (2) Unless expressly otherwise agreed by us, all shipments by us shall require payment by credit card (to be made in the manner specified in our order form).
4. Dispatch of the Product
(1) We shall dispatch the product prior to or on the date of dispatch (i. e. the date on which the product is handed over by us to the carrier), as set out on the offer page when the Customer places the order; provided, however, that any such date of dispatch shall be only approximate and may therefore be exceeded by up to two business days. If no date of dispatch is indicated, we shall dispatch the product at the latest within seven business days (subject to a prior sale permitted pursuant to subsection 2 below). Any such time period relevant to determine the date of dispatch shall begin upon receipt by us of the full purchase price (including VAT and shipping costs).
(2) Partial deliveries of Products included in the same order shall be permitted, provided that the products can be used separately and provided further that we shall bear any additional shipping costs caused thereby.
5. Shipment, Insurance and Passing of Risk
(1) Unless expressly otherwise agreed upon, we shall be free to determine the appropriate mode of shipment and to select the carrier at our reasonable discretion.
(2) We shall only be obliged to properly and timely deliver the product to the carrier, and any transit times specified in the Internet Store shall only be non-binding estimates.
(3) If the Customer is a Consumer, the risk of accidental destruction, damage or loss of the delivered product shall pass to the Customer upon delivery of the product to the Customer or upon the Customer’s default of acceptance. In all other cases, such risk shall pass to the Customer upon delivery of the product by us to the carrier.
6. Retention of Title and Resale
(1) We retain legal title to any product supplied by us until the purchase price (including VAT and shipping costs) for such product has been fully paid.
(2) The Customer shall not be entitled to resell the products delivered by us which are under retention of title, except with our prior written consent. The Customer hereby assigns to us any receivables arising from any resale in an amount not exceeding the purchase price payable for the product by the Customer to us, plus 20%. We hereby authorize the Customer to collect any receivables so assigned to us in the ordinary course of its business, but are entitled to revoke such authorization at any time in the event of a payment default by the Customer.
(1) In the event of a defect of the delivered product, the Customer shall be entitled to request from us to repair the defect or to supply another product (as ordered) which is free from defects; provided, however, that we shall have the right to choose between any such remedies at our discretion if the Customer is a Business Customer. Such choice shall be made by us by written notice (ie. „text form“, including by telefax or by e-mail) within a period of three business days following receipt of the Customer’s notice of the defect. We may refuse to remedy a defective product in the manner requested by the Customer if such remedy would result in unreasonable costs.
(2) If the remedy (supplementary performance) pursuant to Section 7 (1) fails or cannot reasonably be expected from the Customer or we refuse to so remedy the defect, the Customer shall be entitled to terminate the sales contract, reduce the purchase price or claim damages or frustrated expenses, in each case in accord¬ance with applicable law; provided, however, that damage claims of the Customer shall be subject to the provisions contained in Section 8 of these General Terms and Conditions.
(3) The warranty period shall be two years upon delivery of the Product if the Customer is a Consumer or otherwise twelve months upon delivery of the product.
(4) With regard to Business Customers only, the following shall apply: The Customer shall promptly upon delivery inspect the product with due care. The delivered product shall be deemed to be approved by the Customer unless the defect is notified to us (i) in case of any obvious defects within a period of five business days upon delivery or otherwise (ii) within five business days from the day when the defect has been identified.
(1) Our liability for negligence, other than for gross negligence, resulting from late delivery shall be limited to an amount equal to 10% of the aggregate purchase price (including VAT).
(2) We shall not be liable (on whatever legal grounds) for damages which may not reasonably be foreseen, considering the type of the relevant order and product and assuming a normal use of the product. Furthermore, our liability shall be excluded for damages resulting out of a loss of data if their recovery is not possible or impeded due to a failure to perform appropriate data back-up procedures. The foregoing limitations of liability shall not apply in cases of wilful misconduct or gross negligence.
(3) The provisions of this Section 8 shall not apply with respect to our liability for guaranteed product specifications (within the meaning of Sec. 444 of the German Civil Code), personal injury or under the German Product Liability Act.
9. Data Protection
(1) We may save and process any data relating to the Customer, to the extent necessary for the purpose of the execution and implementation of the sales contract and as long as we are required to keep such data in accordance with applicable law.
(2) We submit your data to the company, which is responsible for the delivery of products. We submit your data for payment purposes to the authorized bank.
(3) We shall have the right to submit personal data relating to the Customer to credit agencies, to the extent necessary for a credit check subject, however, to the Customer’s consent in each individual case. We shall neither make available any personal data of the Customer to other third parties without the express consent of the Customer, except to the extent that we are required to disclose any data pursuant to applicable law.
(4) We shall not be permitted to collect, submit to any third party or otherwise process personal data of the Customer for any purpose other than those set forth in this Section 9.
10. Applicable Law and Competent Courts
(1) Any contracts entered into between us and the Customer shall be governed by the laws of the Federal Republic of Germany under exclusion of the UN Convention on the International Sale of Goods (CISG), without prejudice to any mandatory conflict of laws provisions.
(2) If the Customer is a corporation, limited liability company, commercial partnership or otherwise operates a commercial business (Kaufmann within the meaning of Sec. 1 (1) of the German Commercial Code) or if the Customer is a legal entity or special fund organized under public law, the courts in Hanau shall have exclusive jurisdiction in respect of all disputes arising out of or in connection with the relevant contract. In all other cases, we or the Customer may file suit before any court of competent jurisdiction under applicable law.
(3) Should any provision of this General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions. In this event, the invalid provision shall be deemed to be replaced by such valid provision, which most approximates the economic purpose of the invalid provision.
Right of revocation (Instruction)
When acting as a consumer, you may declare the revocation of your contractual statement in text form (e.g. letter, email, Fax) within a period of 14 days or – when you receive the merchandise before expiry of this period – by returning the merchandise. The revocation does not have to contain any grounds. The revocation period commences the day following the receipt of this revocation instruction in text form but not before the receipt of the merchandise and not before we fulfilled our information duties pursuant to Art. 246 § 2 together with § 1 Abs. 1 and 2 EGBGB as well as our duties pursuant to § 312g Abs. 1 BGB, together with Art. 246 § 3 EGBGB. The time-limit shall be deemed to be observed by the timely dispatch of the declaration of revocation or the return shipment.
The revocation/return shipment is to be addressed to:
RMD the Fulfillment Company
Halle 1/ IRONMAN Merchandise Return
63814 Mainaschaff/ Germany
Fax: +49 (0) 693006432 70
The right of revocation does not apply for distance contracts
• for the supply of goods produced according to customer specifications or clearly tailored to personal needs or which, by reason of their quality, are not suitable for return or may spoil quickly or whose expiration date would be exceeded,
• or for the delivery of audio or video recordings or of software where the seal on the data carriers has been broken by the consumer,
• or for the delivery of newspapers, periodicals and magazines.
Consequences of revocation
In case of a valid revocation, all mutually received performances as well as emoluments taken (e.g. interest), if applicable, are to be restituted by either side. If you are unable or partially unable to restitute the merchandise as well as emoluments to us or can only restitute it in a deteriorated condition, then you have to compensate for its value where applicable. This does not apply if the deterioration is exclusively due to examining the merchandise, as for instance in a retail store.
Things that can be shipped by parcel are to be returned on our risk. You are obliged to bear the costs of the return shipment, if the merchandise delivered corresponds to the merchandise ordered, and if the price of the merchandise to be sent back does not exceed an amount of forty Euros or if, where the price is higher, you have at the date of the revocation not yet rendered consideration or given a part payment. Otherwise, the return shipment for you is free of charge. Things that cannot be shipped by parcel shall be picked up at the consumer. All reimbursement obligations must be fulfilled within 30 days of the declaration of revocation. This period begins for you with the dispatch of your revocation or the merchandise, for us with their receipt.
End of revocation instruction