Terms of service

General Terms and Conditions of Business

Table of contents

1. Scope of application
2. Conclusion of contract
3. Right of withdrawal
4. Prices and terms of payment
5. Delivery and shipping conditions
6. Liability for defects
7. Liability
8. Applicable law, place of jurisdiction

1) Scope of application

1.1 These terms and conditions of Tennisvibe (hereinafter referred to as "Seller") shall apply to all contracts concluded by a consumer or entrepreneur (hereinafter referred to as "Customer") with the Seller with regard to the goods and/or services presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for a purpose that can be attributed neither to his commercial nor to his independent professional activity. An entrepreneur within the meaning of these General Terms and Conditions is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her independent professional or commercial activity.

2) Conclusion of contract

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.

2.2 The customer can submit the offer via the online order form integrated in the Seller's online shop. In doing so, after entering his personal data, the customer submits a legally binding contractual offer with regard to the goods and/or services contained in the shopping basket by clicking the button that concludes the ordering process.

2.3 The Seller may accept the Customer's offer within ten days,

• by sending the customer a written order confirmation or an order confirmation in text form (e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
• by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer is decisive, or
• by requesting payment from the customer after the customer has placed the order.

If several of the aforementioned alternatives exist, the contract shall be concluded at the point in time at which one of the aforementioned alternatives occurs first. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.

2.4 The period for acceptance of the offer begins on the day after the customer sends the offer and ends with the expiry of the tenth day following the sending of the offer.

2.5 When submitting an offer via the Seller's online order form, the text of the contract will be stored by the Seller and sent to the Customer in text form (e.g. by e-mail) after the Customer has sent his order together with these General Terms and Conditions.

2.6 Prior to the binding submission of the order via the Seller's online order form, the Customer may continuously correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.

2.7 The German language is available for the conclusion of the contract.

2.8 Order processing and contacting take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct, so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3) Right of withdrawal

Consumers are generally entitled to a right of withdrawal. Further information on the right of withdrawal can be found in the seller's withdrawal policy.

4) Prices and terms of payment

4.1 Delivery and shipping costs, if any, are indicated separately in the respective product description.

4.2 Various payment options are available to the Customer, which are indicated in the Seller's online shop.

5) Delivery and shipping conditions

5.1 The delivery of goods is regularly carried out by dispatch and to the delivery address specified by the customer. The delivery address specified in the Seller's order processing shall be decisive in the processing of the transaction.

5.2 If the transport company returns the dispatched goods to the Seller because delivery to the Customer was not possible, the Customer shall bear the costs for the unsuccessful dispatch.

5.3 In principle, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer when the goods are dispatched or when they are handed over to the appointed carrier.

5.4 Self-collection is not possible for logistical reasons.

6) Liability for defects

Warranty claims against the seller are excluded.

7) Liability

The Seller shall be liable to the Customer for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:

7.1 The Seller shall be liable without limitation for any legal reason

• in the event of intent or gross negligence,
• in the event of negligent or intentional injury to life, limb or health,
• on the basis of a guarantee promise, insofar as nothing else is regulated in this respect,
• on the basis of mandatory liability such as under the Product Liability Act.

7.2 If the Seller negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless liability is unlimited pursuant to section 6.1. Material contractual obligations are obligations which the contract imposes on the Seller according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper performance of the contract possible in the first place and compliance with which the customer may regularly rely on.

7.3 In all other respects, any liability on the part of the Seller is excluded.

7.4 The above liability provisions shall also apply with regard to the Seller's liability for its vicarious agents and legal representatives.

8) Applicable law, place of jurisdiction

8.1 If the customer is acting as a consumer within the meaning of section 1.2, Swiss law shall apply to all legal relationships between the parties to the exclusion of the UN Convention on the International Sale of Goods and the exclusive place of jurisdiction for all disputes arising from this contract shall be the customer's place of residence.

8.2 If the customer acts as an entrepreneur within the meaning of section 1.2, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller's place of residence or business.