Terms and Conditions
Contractual Terms in the Context of Purchase Agreements with OLIVER-SPORT GmbH
between
OLIVER-SPORT GmbH
Dieselstraße 10
69221 Dossenheim
Germany
Phone: +49 6221 35478 08
Email: info@oliver-sport.de
Website: www.oliver-sport.de
– hereinafter referred to as the „Provider“ –
and
the users of this platform designated in Section 2 of these Terms and Conditions – hereinafter referred to as the „Customer“ or „Customers“.
1. Scope
These General Terms and Conditions apply to all orders placed through our online shop by consumers and businesses.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.
A business is a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the exercise of its trade or profession.
For business customers: If the business applies conflicting or supplementary General Terms and Conditions, their validity is hereby rejected; they shall only become part of the contract if we have expressly agreed to them.
2. Contracting Party, Conclusion of Contract, Correction Options
The purchase contract is concluded with OLIVER-SPORT GmbH.
By placing products in our online shop, we provide a binding offer to enter into a contract regarding these items. You may place our products in your shopping cart without obligation and correct your entries at any time before submitting your binding order, by using the correction tools provided and explained in the order process.
The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking the order button. Immediately after submitting the order, you will receive a confirmation by email.
3. Contract Language, Storage of Contract Text
The language(s) available for the conclusion of the contract: German
We store the contract text and will send you the order details and our General Terms and Conditions in text form. For security reasons, the contract text is no longer accessible via the Internet after conclusion.
4. Delivery Conditions
In addition to the product prices listed, shipping costs may apply. More detailed information regarding any shipping costs can be found in the individual product offers.
The delivery times stated by us are calculated from the time of our order confirmation, provided payment has been received in advance.
If the product selected by the customer is temporarily unavailable, the Provider will inform the customer immediately. In the event of a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. In such a case, the Provider is also entitled to withdraw from the contract and will immediately refund any payments already made by the customer.
5. Payment
The following payment methods are generally available in our online shop:
Advance Payment
When selecting advance payment, we will provide our bank details in a separate email, and we will deliver the goods after payment is received.
Credit Card
You provide your credit card details during the order process. Your card will be charged immediately after the order is placed.
SEPA Direct Debit
By placing the order, you grant us a SEPA direct debit mandate. We will notify you of the date of the debit at least one banking day in advance (so-called prenotification). A banking day is any working day except Saturdays, nationwide public holidays in Germany, and December 24 and 31. The debit occurs before shipment of the goods.
PayPal, PayPal Express
To pay via PayPal, you must be registered with PayPal, authenticate with your login credentials, and confirm the payment order. The transaction will be executed by PayPal immediately after placing the order. Additional information is provided during the order process.
PayPal may offer additional payment options to selected and registered customers within their account. We have no influence over these offers; any additional options are between you and PayPal. More information can be found in your PayPal account.
Credit Card via PayPal
Your card will be charged by PayPal after the goods have been shipped.
Direct Debit via PayPal
Payment by direct debit through PayPal requires address and credit checks. With confirmation of the payment order, you authorize PayPal to collect the amount by direct debit. You will be informed of the debit date by PayPal (prenotification). The debit will occur before the goods are dispatched.
Invoice via PayPal
Payment by invoice through PayPal requires a successful address and credit check and is made directly to PayPal.
Sofort by Klarna
To pay via Sofort, a service of Sofort GmbH, Theresienhöhe 12, 80339 Munich, you must have an online banking-enabled bank account, verify your identity, and confirm the payment order. Your account will be debited immediately after placing the order.
Google Pay
To pay via Google Pay (Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland), you must be registered with Google, have Google Pay enabled, authenticate, and confirm the payment. The transaction is completed immediately after placing the order.
Apple Pay
To pay via Apple Pay (Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA), you must use Safari, be registered with Apple, have Apple Pay enabled, and confirm the payment. The transaction is completed immediately after placing the order.
giropay / paydirekt
In cooperation with paydirekt GmbH, Stephanstr. 14–16, 60313 Frankfurt a.M., we offer giropay and paydirekt.
giropay
To pay via giropay, you need an online banking-enabled bank account. You verify your identity and confirm the payment. Your account will be debited immediately.
paydirekt
To pay via paydirekt, you must have an online banking-enabled account, be registered with paydirekt, authenticate, and confirm the payment order.
Amazon Pay
To pay via Amazon Pay (Amazon Payments Europe S.C.A., 38 avenue J.F. Kennedy, L-1855 Luxembourg), you must be registered with Amazon, authenticate, and confirm the payment order. The transaction is processed within one banking day. A banking day excludes Saturdays, German public holidays, December 24 and 31.
Klarna
In cooperation with Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following Klarna options (for consumers only):
Klarna Invoice: Pay within 30 days of shipment.
Klarna Credit Card: Charged immediately after placing the order; no credit check.
Klarna Direct Debit: SEPA mandate required; debit after shipment.
Klarna Installment Plan: Pay in monthly installments of at least 1/24 of the total amount; minimum €6.95.
Invoice
Payment is due within 30 days of receiving the invoice and goods. We may offer this option only after a successful credit check.
Cash on Collection
Pay the invoice amount in cash upon collecting the goods.
Shopify Payments
Shopify International Limited, Victoria Buildings, 2nd Floor, 1–2 Haddington Road, Dublin 4, D04 XN32, Ireland.
6. Right of Withdrawal
Consumers have the statutory right of withdrawal, as described in our withdrawal policy. Entrepreneurs are not granted a voluntary right of withdrawal.
7. Retention of Title
The goods remain our property until full payment is received.
For businesses: We retain ownership of goods until all claims from the ongoing business relationship have been settled in full. You may resell goods in the normal course of business; any claims arising from such resale are hereby assigned to us in advance in the amount of the invoice value, and we accept this assignment. You remain authorized to collect the claims unless you default on payment. We will release securities upon request if their realizable value exceeds our outstanding claims by more than 10%.
8. Transport Damage
For consumers: If goods are delivered with obvious transport damage, please report this immediately to the delivery service and contact us as soon as possible. Failure to do so does not affect your legal rights but helps us assert claims against the shipping carrier or insurance.
For businesses: The risk of accidental loss and deterioration passes to you once we have handed the goods over to the carrier, freight forwarder, or other person or organization tasked with shipping.
9. Warranty and Guarantees
9.1 Statutory Warranty Rights
Unless expressly agreed otherwise, statutory warranty rights apply.
The following limitations and shortened deadlines do not apply to claims arising from damage caused by us, our legal representatives, or agents:
injury to life, body, or health,
intentional or grossly negligent breaches or fraudulent concealment of defects,
breach of essential contractual obligations (cardinal duties),
under a guarantee promise, if agreed,
or if the scope of the Product Liability Act applies.
Limitations for businesses:
Only our product descriptions and manufacturer’s specifications incorporated into the contract apply. Public statements or advertising are excluded. For businesses, the warranty period for new items is one year from the transfer of risk. Used goods are sold without any warranty.
Legal limitation periods for recourse under § 445a BGB remain unaffected.
Commercial Customers:
The inspection and notification obligations under § 377 HGB apply. Failure to comply results in the goods being considered accepted, unless the defect was not identifiable during inspection or was fraudulently concealed by us.
Note for consumers regarding used goods:
When selling used goods to consumers, the limitation period for defect claims may be shortened to one year from delivery if expressly agreed and communicated in advance.
9.2 Guarantees and Customer Service
Information on any additional guarantees and their conditions can be found with the product or in special sections of the online shop.
Customer service:
You can contact our customer service for questions, complaints, or claims Monday to Friday from 9:00 a.m. to 5:00 p.m. at +49 6221 35478 08 or by email at info@oliver-sport.de.
10. Liability
We are fully liable for damages caused by us, our legal representatives, or agents:
in cases of injury to life, body, or health,
in cases of intentional or grossly negligent breach of duty,
for guaranteed features (if any),
or if the Product Liability Act applies.
In the case of slight negligence in breaching essential contractual obligations (cardinal duties), our liability is limited to foreseeable damages typical of the contract.
In all other cases, claims for damages are excluded.
11. Best Price Guarantee and Money-Back Guarantee
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12. Dispute Resolution
The European Commission provides a platform for online dispute resolution (ODR), available here.
We are willing to participate in an out-of-court arbitration procedure before a consumer arbitration board.
Responsible body:
Universal Arbitration Board of the Federal Government at the Center for Arbitration e.V.
Straßburger Straße 8, 77694 Kehl am Rhein
www.verbraucher-schlichter.de
13. Final Provisions
If you are a business, German law applies under exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
If you are a merchant as defined by the German Commercial Code, a legal entity under public law, or a special public fund, the exclusive place of jurisdiction for all disputes arising from contractual relationships with us is our business location.
