Terms and Conditions (B2C & B2B)
NETSPORTIQUE GmbH
Preamble — Identification of the Seller and Scope
These Terms and Conditions (hereinafter "T&Cs") are established by Netsportique GmbH, whose registered office is located at Industriestrasse 5, 77839 Lichtenau, Germany (hereinafter "the Seller").
They exclusively govern the sales made by the Seller. They apply to any buyer, whether a natural person acting for private purposes (hereinafter "the Consumer") or a legal entity, club, or business acting within the scope of its professional activity (hereinafter "the Professional"). The term "Client" refers interchangeably to either the Consumer or the Professional.
Article 1 — Orders and Contract Formation
1.1 Order Process: The Client may place an order via the Seller's online store or by email. For online orders, before final validation, the Client has the opportunity to check the details of their order, its total price, and correct any errors before confirming their acceptance. For email orders, the order must detail the references, quantities, prices, and delivery address.
1.2 Contract Formation: The sale is deemed perfect and the contract definitively formed when the Seller dispatches the goods and informs the Client by sending a shipping confirmation email. The mere automated acknowledgment of receipt of the order does not constitute definitive acceptance.
1.3 Order Refusal: The Seller reserves the right to cancel or refuse any order from a Client with whom there is a dispute regarding the payment of a previous order.
Article 2 — Products and Pricing
2.1 Product Characteristics: The essential characteristics of the products are described on the website. Although the Seller takes great care in presenting the products, the photographs are for illustrative purposes only.
2.2 Pricing: Prices are indicated in Euros and are Inclusive of All Taxes, taking into account the VAT applicable on the day of the order. Delivery costs are billed additionally and clearly indicated before order validation. For Professional Clients with a valid intra-community VAT number, prices may be displayed and billed Exclusive of Tax after logging into their professional account.
Article 3 — Payment
3.1 Payment Methods: Payment is due immediately upon ordering. The Client can pay by credit card, PayPal, or bank transfer.
3.2 Late Payment (Professionals only): In the event of late payment by a Professional Client, penalties equal to the ECB interest rate plus 9 percentage points, as well as a flat-rate compensation of 40 euros for recovery costs, shall automatically be due.
3.3 Late Payment (Consumers): For Consumers, the statutory legal interest rate in force applies in the event of late payment following a formal notice.
Article 4 — Delivery and Transfer of Risk
4.1 Delivery Times: The Seller commits to delivering the products within the timeframe indicated during the order process and, failing that, no later than thirty (30) days following the order, unless the Seller informs the Client of a later delivery date.
4.2 Transfer of Risk (Consumers): In accordance with consumer protection legislation, the risk of loss or damage to the goods is transferred to the Consumer at the moment they (or a third party designated by them) take physical possession of the goods.
4.3 Transfer of Risk (Professionals): For Professional Clients, the risk is transferred upon handover of the products to the carrier (Sale on Dispatch).
4.4 Receipt: The Consumer is advised to check the condition of the parcels upon delivery and to note any reservations on the carrier's delivery slip in the event of apparent damage. For Professional Clients, this verification and the formulation of immediate written reservations are mandatory, failing which their rights will be forfeited.
Article 5 — Right of Withdrawal (Applicable to Consumers only)
5.1 Principle: In accordance with European legislation, the Consumer has a period of fourteen (14) clear days to exercise their right of withdrawal without having to justify reasons or pay penalties. This period runs from the physical receipt of the product by the Consumer.
5.2 Exceptions: The right of withdrawal does not apply to products made to the Consumer's specifications or clearly personalized (flocking, custom-made nets, etc.).
5.3 Return Modalities: The Consumer must notify their decision to withdraw by an unambiguous statement (by email or mail). The products must imperatively be returned in new condition, strictly unused and in their complete original packaging (box). Damaged, soiled, or incomplete products will not be accepted. The return costs are exclusively the responsibility of the Consumer.
5.4 Refund: In the event of a valid withdrawal, the Seller refunds all payments received, including standard delivery costs, no later than fourteen (14) days from the date on which they are informed of the withdrawal decision.
Article 6 — Legal Warranties
6.1 For Consumers: The products benefit from the legal warranty of conformity (valid for 2 years from the delivery of the goods) and the warranty against hidden defects. In the event of a lack of conformity, the Consumer has the choice between repair or replacement of the goods, subject to the cost conditions provided by law. If repair or replacement is impossible, the Consumer may return the goods and have the price refunded.
6.2 For Professionals: The warranty is strictly limited to the replacement of defective parts. Normal wear and tear is excluded. The global liability of the Seller is capped at the net amount (pre-tax) of the order.
Article 7 — Retention of Title
The products remain the property of the Seller until full collection of the price by the latter, in principal and accessories.
Article 8 — Personal Data Protection
The Seller collects personal data for order processing and customer relationship management, in compliance with the General Data Protection Regulation (GDPR). The Client has a right of access, rectification, deletion, and opposition concerning their data, exercisable by contacting the Seller.
Article 9 — Consumer Dispute Mediation
In accordance with the European Directive, the European Commission provides an Online Dispute Resolution (ODR) platform accessible at the following address: https://ec.europa.eu/consumers/odr/. In the event of a dispute, the Consumer has the right to use a consumer mediator free of charge with a view to the amicable resolution of the dispute opposing them to the Seller.
Article 10 — Applicable Law and Jurisdiction
10.1 Applicable Law: These T&Cs and the resulting operations are governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). However, this choice of applicable law cannot have the effect of depriving the Consumer of the protection afforded to them by the mandatory provisions of the law of the country where they have their habitual residence.
10.2 Jurisdiction (Consumers): In the event of a dispute, the Consumer may, at their choice, bring the matter before one of the courts with territorial jurisdiction under the code of civil procedure, or the court of the place where they resided at the time the contract was concluded or the harmful event occurred.
10.3 Jurisdiction (Professionals): For disputes involving Professional Clients, exclusive jurisdiction is attributed to the courts of the registered office of Netsportique GmbH (Lichtenau, Germany).
