Terms Conditions

§ 1 Applicability, definitions of terms

(1) FE Protective GmbH, Industriestraße 18, 94051 Hauzenberg, Germany (hereinafter: “we” or “Protective-Sports.com”) operates an online shop for goods under the website https://protective-sports.com. The following general terms and conditions apply to all services between us and our customers (hereinafter: “customer” or “you”) in the version valid at the time of the order, unless otherwise expressly agreed.

(2) “Consumer” within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his self-employed professional activity. “Entrepreneur” means a natural or legal person or a partnership with legal capacity that, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity, whereby a partnership with legal capacity is a partnership that is equipped with the ability to acquire rights and incur liabilities.

§ 2 Conclusion of contracts, storage of the text of the contract

(1) The following regulations on the conclusion of the contract apply to orders placed via our online shop under https://protective-sports.com.

(2) Our product presentations on the Internet are non-binding and not a binding offer to conclude a contract.

(3) Upon receipt of an order in our online shop, the following regulations apply: The customer submits a binding contractual offer by successfully completing the order procedure provided in our online shop. The order is placed in the following steps:

1. Selection of the desired goods,
2. Adding the products by clicking on the corresponding button (e.g. “Add to cart”, “Add to shopping bag” or similar),
3. Checking the information in the shopping cart,
4. Calling up the order overview by clicking on the corresponding button (e.g. “Continue to checkout”, “Continue to payment”, “To order overview” or similar),
5. Entry/verification of address and contact data, selection of payment method, confirmation of the terms and conditions and cancellation policy,
6. If the agreed quality of the goods deviates from their usual quality and conditions of use, confirmation of a negative quality agreement,
7. Complete the order by pressing the “Buy now” button. This represents your binding order.
8. The contract is concluded when you receive an order confirmation from us within three working days to the e-mail address provided.

(4) In the event of the conclusion of the contract, the contract is concluded with FE Protective GmbH, Industriestraße 18, 94051 Hauzenberg, Germany.

(5) Before ordering, the contract data can be printed out or electronically saved using the browser’s print function. The processing of the order and transmission of all information required in connection with the conclusion of the contract, in particular the order data, the general terms and conditions and the cancellation policy, is carried out by e-mail after you have placed the order, partly automatically. We do not store the text of the contract after the conclusion of the contract.

(6) Input errors can be corrected using the usual keyboard, mouse and browser functions (e.g. “back button” of the browser). You can also be corrected by cancelling the order process prematurely, closing the browser window and repeating the process.

(7) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of the e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.

§ 3 Object of the contract and essential characteristics of the products

(1) In the case of our online shop, the subject of the contract is:

1. The sale of goods. You can find the specific goods offered on our article pages.

(2) The essential characteristics of the goods can be found in the article description. If the agreed quality of the goods deviates from their usual quality and conditions of use, this will be expressly pointed out in the article description (negative quality agreement). Insofar as the customer has given his express consent to the negative deviation in quality, this defines the subject matter of the contract.

§ 4 Prices, shipping costs and delivery

(1) The prices listed in the respective offers as well as the shipping costs are total prices and include all price components including all applicable taxes.

(2) The respective purchase price is to be paid before the delivery of the product (advance payment), unless we expressly offer purchase on account. The payment methods available to you are shown under a corresponding button in the online shop or in the respective offer. Unless otherwise stated for the individual payment methods, the payment claims are due for payment immediately.

(3) In addition to the prices indicated, shipping costs may apply for the delivery of products, unless the respective article is shown as free shipping. The shipping costs will be clearly communicated to you again on the offers, if necessary in the shopping cart system and on the order overview.

(4) All products offered are ready for shipment immediately, unless clearly stated otherwise in the product description (delivery time: two to three working days after receipt of payment).

(5) The following delivery area restrictions apply: Delivery is made to the following countries: Andorra, Austria, Belgium, Bulgaria, Czech Republic, Denmark, Estonia, Finland, France, Germany, Ireland, Italy, Netherlands, Norway, Poland, Portugal, Spain, Sweden, Switzerland.

(6) If the delivery of the goods fails for reasons for which you are responsible, you shall bear the reasonable costs incurred by us as a result. This does not apply with regard to the costs for the outward shipment if you effectively exercise your right of withdrawal. If you effectively exercise the right of withdrawal, the regulation made by us in the cancellation policy applies to the return costs.

§ 5 Right of Retention, Retention of Title

(1) You can only exercise a right of retention if it concerns claims arising from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

§ 6 Right of withdrawal

As a consumer, you have a right of withdrawal. This is based on our cancellation policy.

§ 7 Language of Contract

Only German is available as the language of the contract.

§ 8 Liability

(1) Subject to the following exceptions, our liability for breaches of contractual duty as well as for tort is limited to intent or gross negligence.

(2) We shall be liable without limitation in the event of slight negligence in the event of injury to life, limb, health or in the event of a breach of an essential contractual obligation. If we have defaulted on performance due to slight negligence, if performance has become impossible or if we have violated an essential contractual obligation, liability for property damage and financial loss attributable thereto shall be limited to the foreseeable damage typical of the contract . An essential contractual obligation is one whose fulfilment makes the proper execution of the contract possible in the first place, the breach of which jeopardises the achievement of the purpose of the contract and on whose compliance you can regularly rely. This includes, in particular, our duty to take action and to perform the contractually owed service, which is described in § 3.

§ 9 Warranty

(1) The warranty is based on the statutory provisions.

(2) The warranty period for goods delivered to entrepreneurs is 12 months.

(3) As a consumer, you are requested to immediately check the item/digital goods or the service provided for completeness, obvious defects and transport damage when performing the contract and to inform us and the freight forwarder of any complaints as soon as possible. If you do not comply with this, this will of course have no effect on your statutory warranty claims.

§ 10 Final Provisions/Dispute Resolution

(1) German law shall apply. In the case of consumers, this choice of law only applies to the extent that it does not deprive the protection granted by mandatory provisions of the law of the state of the consumer’s habitual residence (principle of favourability).

(2) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.

(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.