Terms and Conditions (GTC)

for the use of the Internet platforms vaola (formerly mysportworld)

 

1. General

1.1. Operators and platforms

The mysportgroup GmbH, Managing Director Frank Zwirner(hereinafter "mysportgroup GmbH", "vaola" or "we"), operates under http://www.vaola.com sports and outdoor store ("Web -Shop ") with the address: vaola, Voltastraße 5, 13355 Berlin.

1.2. Validity of the General Terms and Conditions

Business dealings and deliveries are made exclusively under the following terms and conditions, which are all based on the contracts, which are made due to the deals concluded with us, on our website. The following regulations' conflicting or differing terms and conditions of the purchaser shall not apply, unless we have agreed to their validity in writing. The following terms and conditions shall also apply exclusively if we are aware of conflictions or deviations from the following Terms and Conditions Conditions of the ordering, delivery or performance without reservation. For all orders that are confirmed by the customer's checking the box "I accept the general terms and conditions", the general terms and conditions will be declared as read and understood by him and accepted.

1.3. Changes to Terms and Conditions

For such orders and for our products and services solely the following terms and conditions apply ("Shop Terms"), which are effective at the time the order is placed. We do not recognize differing conditions of the customer, unless we have agreed to their validity in writing.

1.4. Information on deadlines

If deadlines are specified as working days, these include all weekdays except Saturdays, Sundays and public holidays

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2. Access, Accountability & License

2.1. Registration

The customer is responsible and obligated to enter his/her truthful and complete information required for registration and to treat the access data as confidential and undisclosed to third parties.

2.2. Multiple registrations

The customer is not entitled to maintain several customer accounts at the same time. The mysportgroup GmbH reserves the right to delete multiple registrations and to warn customers that infringe the members regulations set out in point 2.1 to 2.5, to terminate, or to make use of the virtual house rights.

2.3. Deletion of the customer account

The account with vaola.com is free, terminable at any time and a prerequisite for the ordering process. The deletion of the customer's account can be instructed by a written request via https://www.vaola.com/contacts or an email to service@vaola. com.

2.4. Change of supply and membership

The mysportgroup GmbH is not obligated to accept the registration as a member or the appointment of a member. We reserve the right to discontinue or modify the offer at anytime. Completed contracts for orders remain unaffected.

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3. Storage capacities and access to contractual text

3.1. Download the Terms and Conditions

You can view these terms and conditions including the general contract terms at any time by clicking the link Terms and Conditions on the home page. Furthermore, you can also print or save the Terms and Conditions, by using the customary functions of your Web browser.

3.2. Storage of Ordering details

Your order information is stored in our system but is not directly accessible by the customer. We offer each customer a direct, password-protected access ("My Account"). The customer agrees to treat the access data confidential and undisclosed to any third parties.

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4. Withdrawal

Please find below the legally required instruction about the conditions and consequences of the right of withdrawal for consumers according to § 13 of the German Civil Code (BGB) ("natural person who enters into a legal transaction for purposes that can not be primarily attributed neither to their commercial nor independent professional activity").

In case of return, you can use the printable return label, which you can find attached to your purchase or under www.vaola.com. If you have problems with downloading the return sticker or you have no printer available, please contact our customer service. If you need a new return label, you can request it through our hotline or via email. Please help us to avoid unnecessary costs and do not send the goods back unfree

4.1. Withdrawal Terms - No freight forwarding delivery

The following Revocation Terms of this Section 4.1 shall apply in relation to goods which were not delivered by a freight forwarder:

Withdrawal Terms

The right of withdrawal

You have the right to revoke this contract within fourteen days without giving a reason.

The revocation period shall be fourteen days from the date, on which you or a third party indicated by you, other than the carrier, have/has taken final possession of the goods.

In order to exercise your right, you have to inform us (mysportgroup GmbH, Voltastr 5, 13355 Berlin, phone:. + 49-30 347 434 079, Fax: 030 347 434 004, email: service@vaola.com) by means of a clear statement (eg a with. sent by post mail, fax or email) about your decision to withdraw from this contract . You can use the attached model withdrawal form, which however, is not mandatory.

To meet the cancellation deadline it is sufficient that you send your communication concerning the right of revocation before the expiry of the revocation period.

Consequences of withdrawal

If you withdraw from this contract we will reimburse all payments we receive from you including thedelivery costs (with the exception of the additional costs arising from the fact that you have chosen a different method of delivery than the one offered by us – a cheaper Standard Shipping method) and pay back immediately and no later than fourteen days from the date on which the notification of the cancellation of this contract with us has been received. For this reimbursement we use the same method of payment that you used in the original transaction unless you expressly agreed otherwise; in any case you will not be charged fees for this repayment. We may withhold reimbursement until we have received the returned goods back, or until you have demonstrated that you have returned the goods, whichever is the earliest.

You have to return or hand over the goods immediately and in any event not later than fourteen days from the date on which you inform us about the cancellation of this contract, to Logistikzentrum 21sportsgroup | Mysportgroup, Halle Nr. 4, Rudolf-Diesel-Straße 27-31, 68169 Mannheim Germany. The deadline is met if you send the goods before the deadline of a fortnight.

The return is free for customers from Germany and Austria. Customers residing outside Germany have to bear the costs for the return shipment themselves.

You only need to pay for any diminished value of the goods, if this value is due to a loss necessary to ascertain the nature, characteristics and functioning of the goods handling.

End of Withdrawal Terms

 

4.2. Withdrawal Terms - freight forwarding delivery

The following cancellation of this clause 4.2 shall apply with respect to goods that have been delivered by a freight forwarder:

Withdrawal Terms

The right of withdrawal

You have the right to revoke this contract within fourteen days without giving a reason.

The revocation period shall be fourteen days from the date, on which you or a third party indicated by you, other than the carrier, have/has taken final possession of the goods.

In order to exercise your right, you have to inform us (mysportgroup GmbH, Voltastr 5, 13355 Berlin, phone: +49-30 347 434 079, Fax: 030 347 434 004, email: service@vaola.com) by means of a clear statement (eg a with. sent by post mail, fax or email) about your decision to withdraw from this contract . You can use the attached model withdrawal form, which however, is not mandatory.

To meet the cancellation deadline it is sufficient that you send your communication concerning the right of revocation before the expiry of the revocation period.

Consequences of withdrawal

If you withdraw from this contract we will reimburse all payments we receive from you including thedelivery costs (with the exception of the additional costs arising from the fact that you have chosen a different method of delivery than the one offered by us – a cheaper Standard Shipping method) and pay back immediately and no later than fourteen days from the date on which the notification of the cancellation of this contract with us has been received. For this reimbursement we use the same method of payment that you used in the original transaction unless you expressly agreed otherwise; in any case you will not be charged fees for this repayment. We may withhold reimbursement until we have received the returned goods back, or until you have demonstrated that you have returned the goods, whichever is the earliest.

The products are picked up by us. The return is free for customers from Germany and Austria. Customers residing outside Germany have to bear the costs for the return shipment themselves.

You only need to pay for any diminished value of the goods, if this value is due to a loss necessary to ascertain the nature, characteristics and functioning of the goods handling.

End of Withdrawal Terms

 

4.3. Exclusion from the right of withdrawal

The right of revocation does not apply

(a) in accordance with § 312 g para. 2 no. 1 of the German Civil Code (herinforth BGB), to contracts for supply of goods that are not prefabricated and for which production an individual choice or decision by the consumer shall prevail or are clearly tailored to the personal needs of the consumer;

(b) in accordance with § 312 g para 2 No. 2 BGB to contracts for supply of goods that can spoil quickly or whose expiration date was exceeded quickly.

(c) in accordance with § 312 g 2 No. 3 BGB in contracts for the supply of sealed goods which are not suitable to be returned for reasons of health or hygiene, if their seal was removed after delivery. As well as:

(d) in accordance with § 312 g 2 No. 6 BGB to contracts for the supply of audio or video recordings or computer software in a sealed package, if the seal was removed after delivery;

(e) according to § 312 g para. 2 no. 7 to contracts for the supply of newspapers, periodicals or magazines with the exception of subscription contracts.

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5. Important Notes

5.1. Purchase quantities

Our offer is aimed at non-commercial customers. The delivery takes place according to our own discretion only in the usual quantities for private use.

5.2. Product images

The goods on offer are presented on the website in the form of pictures. Minor deviations between depiction and actual texture do not represent a fault of the goods ordered.

5.3. Prices and availability

We point out that the products presented at the time of the customer's visit on the web site is no longer available or that the respective prices may have changed. The prices are shown in euros inclusive of VAT and exclusive of shipping.

5.4. Partial deliveries

The mysportgroup GmbH is entitled to make partial deliveries.

5.5. Automated sending of Friendship Invitations

The mass, arbitrary and automated sending of friendship invitations by a registered user to a third party is not provided as part of the invitation feature and is hereby excluded. Registered users agree to send friendship invitations only to e-mail addresses of real people and only with their consent.

5.6. Combinability of vouchers, customer credit and discounts

Only one type of discount can be applied to the offer per order. Coupon codes can be combined only once per order and are not applicable with one another or with customer deposits. When the redeemed voucher is a minimum order value, the coupon can be credited only to the order, if the value of the retained goods to return (to which the voucher is valid) is greater or equal to that given to minimum orders.

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6. Conclusion of contract

6.1. Contracting party

Your contractor is the mysportgroup GmbH, Voltastraße 5, 13355 Berlin. With coupon actions mysportgroup GmbH appears only as an intermediary.

6.2. Contractual language

Contracts can be closed only in English.

6.3. Promotional offers

Our promotional offers are not binding unless otherwise agreed or announced.

6.4.Order and Purchase Agreement

The presentation of products in our online shop is not legally binding, but represents a non committal online catalog. By clicking the button''send order'' you make a binding order for the goods in your shopping cart. The confirmation of your order takes place together with the acceptance of the order immediately after placing it, by an automated email. With this e-mail confirmation of the purchase a contract has been concluded. The customer is – being subject to an already existing right of withdrawal for orders as a consumer – bound to his order for 2 working days with goods, which are marked as available. In all other respects the bond is valid for no longer than 4 working days.

6.5. Rejection of the offer

We are entitled to reject an offer by you without giving any reason, particularly if there is reasonable suspicion that the goods purchased via the Internet are to be sold commercially.

6.6. Availability of ordering data

We save your order data. You have the possibility to print your order form by just clicking on the corresponding link in the ordering process. You will also receive an order confirmation with all given data by e-mail, which you can also print.

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7. Delivery, Shipping and Fees

7.1. Shipping

The Shipping is done by the specified company. See www.vaola.com/shipping for our shipping destinations.

7.2. Shipping costs

The delivery of goods / items is subject to the respective costs incurred. The shipping costs are displayed for national orders on the relevant product page. For international orders, our respective shipping costs under www.vaola.com/shipping apply. If the product is delivered for free due to minimum order value, the minimum order value applies to returns.

7.3. Validity of prices

For orders in our internet shop the prices quoted in the offer at the time of ordering apply. The listed prices are final, which means they include the currently valid German VAT and other price components. For international orders, the respective VAT under www.vaola.com/shipping apply.

7.4. Delivery and right of withdrawal

We assure you that both our suppliers and service and, especially, ourselves will do everything so that your packages are with you on time, as promised and in accordance with our commitments. In the case of confirmation of fixed delivery dates (this is especially true for our Christmas, St. Valentine's and Easter promises) by the mysportgroup GmbH, exceptions apply if unforeseen extraordinary events occur that the mysportgroup GmbH - even if they are the responsibility of the suppliers, manufacturers and package delivery – could not avert, despite the reasonable care taken according to the circumstances of the case. These exceptions include the package delivery delay due to force majeure (especially wind damage, snow chaos and floods), official intervention or labor disputes lead to a corresponding extension of the promised delivery times. Force majeure includes disabilities that have not been culpably caused by us. The buyer will be notified immediately regarding the beginning and end of such obstacles. If the impediment in the aforementioned cases lasts for more than four weeks, the customer is entitled to withdraw from the contract. Further claims, especially for compensation, do not exist in this case.

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8. Payment

8.1. Offered Payment options

As payment methods we offer those payment methods specified during the ordering process. Currently those are PayPal (paypal.de) and credit card (Visa, MasterCard, American Express).

8.2. Payment by credit card

You enter your credit card information on our secure payment pages. The data is transmitted directly from the encrypted SSL system to the credit card company. After a successful credit card verification, the invoice amount will be debited automatically and without delays. After the transaction, we will process your order within the specified delivery time. Credits resulting from returns will be booked back to your credit card. We accept the following credit cards: Visa, MasterCard, American Express.

8.3. Payment by PayPal

You will be directed to the PayPal payment pages. There you enter your account information and confirm the payment to the mysportgroup GmbH. The payment is made immediately. Credits resulting from returns will be credited to your PayPal account.

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9. Reservation of ownership

(a) For consumers, we retain ownership of the goods until full payment of the invoice amount. Are you an entrepreneur in a commercial or independent professional activity, a legal entity under public law or public special assets, we reserve ownership to the goods until settlement of all outstanding claims from the business relationship with the customer. The corresponding security rights are transferable to third parties.

(b) The right to offset is only entitled if your counterclaims have been legally determined or undisputed by us or recognized. You also have a right of retention if and when your counterclaim is based only on the same contractual relationship.

(c) Should the customer be in default towards us with any payment obligations, all existing claims shall become due immediately.

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10. Questions regarding your order

For service inquiries please contact our customer service, which can be reached as follows:


mysportgroup GmbH
Voltastraße 5
13355 Berlin
Contact: https://www.vaola.com/contacts
Hotline: +49 (0)30 347 43 40 60

Our customer service is always reachable by phone Monday to Friday from 10.00 - 18.00 o'clock. After business hours you can always use the contact form, we will reply as soon as possible.

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11. Warranty and liability

11.1. Liability in case of damage

The mysportgroup GmbH is liable for intentional and grossly negligent caused damage, claims in accordance with the provisions on product liability, on the basis of guarantees as well at loss of life, limb or health in accordance with statutory provisions.

11.2. Liability for Breach of Contract

For damages based on normal or simple negligence of mysportgroup GmbH or its agents the mysportgroup GmbH is only liable if an essential contractual obligation (cardinal obligation) has been violated, or in case of default or impossibility. The mysportgroup GmbH is liable in case of breach of a contractual obligation only for typical and foreseeable damage.

11.3. Validity of warranty law

Subject to the aforementioned regulations, the statutory warranty rights apply. Legal warranty rights exist for all goods.

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12. Privacy Policy

The privacy statements of mysportgroup GmbH can be found here.

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13. Amendments to the General Terms and Conditions

We reserve the right to change the terms and conditions if they are introduced into the contractual relationship with the customer, if this is necessary to remedy subsequently arising equivalence disturbances or to adapt to changes in laws or technical conditions. We will inform the customer about said amendments by communication of the content of the amended regulations. The change will be component of the contract if the customer does not object to it within 6 weeks after receiving the modification notice of the inclusion in the contract in writing.

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14. Alternative dispute resolution in accordance with Art. 14 paragraph 1 ODR regulation and Section 36 Alternative Dispute Resolution Act (VSBG)

The European Commission provides a platform for online dispute resolution (ODR), which you can find at http://ec.europa.eu/consumers/odr/ erreichen können. We are not obligated to participate in dispute settlement procedure before a consumer arbitration board. We do not participate in dispute settlement procedure.

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15. Choice of law, effectiveness

15.1. Governing Law

German law is applicable according to the German Civil Code (BGB) and Commercial Code (HGB), excluding the UN Sales Convention.

15.2. Severability Clause

Should individual provisions of the contract, including these regulations be totally or partly ineffective or should the contract have an unforeseen gap, the validity of the remaining provisions or parts of such provisions will stay unaffected. In place of the ineffective or missing regulations the respective legal regulations will be applied.

15.3. Jurisdiction

The place of jurisdiction for all disputes arising out of or relating to the use of the above described services of the mysportgroup GmbH is Berlin, provided that the user is a registered trader in the context of the German Commercial Code (HGB), or a person with no fixed address in Germany, or if the user has moved his permanent residence after the effective date of these Terms of use abroad, or if the user's domicile or habitual residence at the time of action are not known.

15.4. Language and version of the General Terms and Conditions

These terms and conditions are available in English. This is the current version, which can be consulted here.


Date: February, 2017


You can download the current version oft he terms and conditions here.


Model withdrawal form

(If you want to withdraw from the contract, please fill out this form and send it back.) - to mysportgroup GmbH, Voltastr. 5, 13355 Berlin, phone: + 49-30 347 434 079, Fax: 030 347 434 004, email: service@vaola.com:

  • I / We (*) hereby withdraw from my / our (*) contract concluded for the purchase of the following goods (*) / provision of the following service (*)
  • Ordered on (*) / received on (*)
  • Name of consumer (s)
  • Address of consumer(s)
  • Signature of consumer(s) (only for message on paper)
  • Date
________________________
(*) Delete as appropriate.