General Terms and Conditions of Business
1. Scope
The following terms and conditions apply to all orders placed via our online shop by consumers and businesses.
In Germany, the following applies: According to § 13 of the German Civil Code (BGB), consumers are any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity.
For Austria, the following applies: In the following conditions, "consumer" refers to the "consumer" as defined in the Consumer Protection Act (KSchG).
For Switzerland: In the following terms and conditions, "consumer" refers to the "consumer" as defined by Swiss law.
An entrepreneur is a natural or legal person or a legally capable partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
The following applies to business customers: If the business customer uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they will only become part of the contract if we have expressly agreed to them.
2. Contracting parties, conclusion of contract, correction options
The purchase agreement is concluded with Century Martial Arts Europe GmbH.
By placing products in our online shop, we are making a binding offer to conclude a contract for these items. You can initially 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 ordering process. The contract is concluded when you accept the offer for the products in your shopping cart by clicking the order button. You will receive an order confirmation by email immediately after submitting your order.
3. Contract language, contract text storage
The language(s) available for concluding the contract: German, English
We save the contract text and send you the order details and our terms and conditions in written form. For security reasons, the contract text is no longer accessible online.
4. Subject of the contract
4.1 Product description
The validity of the respective product description as an essential part of the contract is noted.
4.2 Product Images
Without prejudice to your statutory warranty rights, we would like to draw your attention to the following special features. If you have any questions, please contact us.
Due to individual screen configurations (e.g., resolution and brightness), slight deviations between the displayed and the actual product colors are possible.
Natural variations in grain, structure, and color of the wood are possible in wood products .
5. Requirements and handling of customer content
5.1 Requirements
If the fulfillment of the order requires you to provide us with content (e.g. texts, data, files), the available technical possibilities and any applicable requirements are governed by the respective product description.
You are solely responsible for the content, including its legality and accuracy, that you submit. We do not conduct any editorial review prior to fulfilling the order.
5.2 Compliance with applicable law
The content and any products created from it must always comply with applicable legal regulations. In particular, they must not infringe upon the rights and claims of third parties (especially copyrights, trademarks, or other intellectual property rights) and must not contain or serve any content that glorifies violence, is discriminatory, racist, xenophobic, or otherwise immoral or unconstitutional.
5.3 Exemption
You agree to indemnify us against any third-party claims arising from our contractual use of the software or services infringing their rights. You will also bear the necessary costs of our legal defense, including all court and attorney fees at the statutory rate. This indemnification does not apply if the infringement is not attributable to you. In the event of a third-party claim, you are obligated to provide us immediately, truthfully, and completely with all information necessary for examining the claims and mounting a defense.
5.4 Right of withdrawal
We reserve the right to refuse the order or withdraw from the contract if the content you provide violates legal or regulatory prohibitions or accepted standards of decency, or if there is reasonable suspicion of such violations. This applies in particular to the provision of content that is unconstitutional, racist, xenophobic, discriminatory, offensive, harmful to minors, and/or glorifies violence.
6. Delivery conditions
6.1 Delivery area
We deliver within Germany, Austria and Switzerland.
6.2 Delivery options
We ship the products to the delivery address specified during the ordering process.
You have the option of collecting your order from Century Martial Arts Europe GmbH, Wulfshofstr. 16, 44149 Dortmund, Germany during the following business hours: Monday – Thursday 10:00 AM – 4:00 PM and Friday 10:00 AM – 1:00 PM
6.3 Delivery by freight carrier
Appointment scheduling
For deliveries by freight forwarder, the freight forwarding company we have commissioned will contact you to arrange a delivery date.
Delivery location
Delivery of the goods is limited to transport and unloading at the first public curb of the agreed delivery address. Delivery does not include delivery to specific premises or assembly and/or installation of the ordered goods, unless expressly agreed otherwise.
Cooperation of the recipient
Unloading and any subsequent transport of the goods to the agreed delivery location will be carried out jointly by the freight driver and the recipient. Information on packaging dimensions can be found in the offers.
For merchants, the following applies: Contrary to the previous sentence, the recipient is responsible for unloading and any necessary subsequent transport of the goods to the agreed delivery location.
7. Payment
7.1 Prices
The prices valid at the time of ordering apply. These are total prices and include statutory VAT.
7.2 Due date and payment default
The price is due upon conclusion of the contract, unless a later date is specified in the following payment terms.
For customers based in Germany and Austria:
- For consumers: In the event of late payment, we reserve the right to charge you a fee of €1.50 per reminder for the second and each subsequent reminder. You retain the right to prove that the actual damage incurred was less. This does not affect any other claims we may have.
- To businesses: In the event of late payment, we reserve the right to charge you statutory default interest at a rate of nine percentage points above the base interest rate, as well as a flat fee of €40. This does not affect any other claims we may have.
For customers based in Switzerland:
- For consumers: In the event of late payment, we reserve the right to charge you a fee of CHF 1.50 per reminder for the second and each subsequent reminder. You retain the right to prove that the actual damage incurred was less. This does not affect any other claims we may have.
- To businesses: In the event of late payment, we reserve the right to charge you default interest at a rate of nine percentage points above the ECB base rate, as well as a flat fee of CHF 40. This does not affect any other claims we may have.
7.3 Payment methods
The following payment methods are generally available in our shop.
Prepayment:
If you select prepayment as your payment method, we will send you our bank details in a separate email and deliver the goods after receipt of payment.
PayPal Express
To pay the invoice amount via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), you must be registered with PayPal, authenticate yourself with your login details and confirm the payment instruction.
PayPal may offer additional payment options to registered PayPal customers selected according to its own criteria within their customer account. However, we have no influence over the availability of these options; any further individually offered payment methods govern your legal relationship with PayPal. You can find more information about this in your PayPal account.
PayPal:
In cooperation with the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), we offer you the following payment options as PayPal Services. Unless otherwise stated below, payment via PayPal does not require registration with PayPal. You will find further information with the respective payment option and during the order process.
PayPal, PayPal Express:
To pay the invoice amount via PayPal, you must be registered with PayPal, authenticate yourself with your login details, and confirm the payment instruction. The payment transaction is processed by PayPal immediately after you place your order.
PayPal may offer additional payment options to registered PayPal customers selected according to its own criteria within their customer account. However, we have no influence over the availability of these options; any further individually offered payment methods govern your legal relationship with PayPal. You can find more information about this 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 via PayPal requires an address and credit check and is processed directly by PayPal. By confirming the payment instruction, you grant PayPal a direct debit mandate. PayPal will inform you of the debit date (so-called pre-notification). The debit will occur before the goods are shipped.
Purchase on account via PayPal:
Purchase on account via PayPal requires an address and credit check and is made directly to PayPal.
Purchase on account via PayPal and Ratepay:
Purchase on account via PayPal requires an address and credit check and is made directly to Ratepay GmbH, Franklinstrasse 28-29, 10587 Berlin (“Ratepay”).
Sofort by Klarna:
To pay the invoice amount via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, you must have a bank account enabled for online banking, authenticate yourself accordingly, and confirm the payment instruction. Your account will be debited immediately after placing your order. You will receive further information during the ordering process.
To pay the invoice
amount via the payment service provider Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland ("Google"), you must be registered with Google, have activated the Google Pay function, authenticate yourself with your login details, and confirm the payment instruction. The payment transaction will be processed immediately after you place your order. You will receive further instructions during the ordering process.
To pay
the invoice amount via the payment service provider Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA ("Apple"), you must use the "Safari" browser, be registered with Apple, have activated the Apple Pay function, authenticate yourself with your login credentials, and confirm the payment instruction. The payment transaction will be processed immediately after you place your order. You will receive further instructions during the ordering process.
To pay
the invoice amount via the payment service provider Amazon Payments Europe SCA, 38 avenue JF Kennedy, L-1855 Luxembourg ("Amazon"), you must be registered with Amazon, authenticate yourself with your login details, and confirm the payment instruction. The payment transaction will be processed by Amazon Pay within one business day after the order is placed.
Amazon Pay may offer registered Amazon Pay customers, selected according to its own criteria, additional payment methods within their customer account. However, we have no influence over the offering of these methods; any further individually offered payment methods govern your legal relationship with Amazon Pay. You can find more information about this in your Amazon Pay account.
In cooperation with the payment
service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden ("Klarna"), we offer you the following payment options. Payment via Klarna is only available to consumers. Unless otherwise stated below, payment via Klarna requires a successful address and credit check and is made directly to Klarna. You will find further information with the respective payment option and during the order process.
Purchase on account via Klarna.
The invoice amount is due 30 days after shipment of the goods and receipt of the invoice.
Klarna may offer registered Klarna customers, selected according to its own criteria, additional payment options within their customer account. However, we have no influence over the availability of these options; any further individually offered payment methods will affect your legal relationship with Klarna. You can find more information about this in your Klarna account.
Installment payment via Klarna:
You can pay the invoice amount in monthly installments of at least 1/24 of the total amount. The minimum installment is €6.95.
Klarna may offer registered Klarna customers selected according to its own criteria additional payment options in their customer account (e.g., interest-free installment plans). However, we have no influence on the offering of these options; any further individually offered payment options will affect your contractual relationship with Klarna. You can find more information about this in your Klarna account.
Klarna Credit Card:
During the order process, you enter your credit card details. Your card will be charged by Klarna immediately after you place your order. No address or credit check is performed.
Klarna Direct Debit:
You grant Klarna a SEPA direct debit mandate. Klarna will inform you of the debit date (pre-notification). The debit will occur after the goods have been shipped.
Cash payment upon collection
: You pay the invoice amount in cash upon collection.
Mollie
Credit Card, Keizersgracht 126, 1015 CW Amsterdam, Netherlands
8. Right of withdrawal
Consumers have the statutory right of withdrawal as described in the cancellation policy. Businesses are not granted a voluntary right of withdrawal.
9. Retention of title
The product remains our property until full payment is received.
For customers based in Switzerland, we are entitled to make a corresponding entry in the retention of title register.
For businesses, the following applies in addition: We retain title to the product until all claims arising from the ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you hereby assign to us in advance all claims arising from this resale – irrespective of whether the goods subject to retention of title are combined or mixed with other goods – up to the amount of the invoice, and we accept this assignment. You remain authorized to collect the claims; however, we may also collect the claims ourselves if you fail to meet your payment obligations. We will release the securities to which we are entitled at your request to the extent that the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.
10. Transport damage
For consumers: If goods are delivered with obvious transport damage, please report such defects to the delivery person as soon as possible and contact us immediately. Failure to report the damage or contact us will not affect your statutory rights and their enforcement, in particular your warranty rights. However, your cooperation helps us to assert our own claims against the carrier or transport insurance company.
For entrepreneurs, the following applies: The risk of accidental loss and accidental deterioration passes to you as soon as we have handed the goods over to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment.
11. Warranty and Guarantees
11.1 Warranty Law
For consumers residing in Germany and Austria,
the statutory warranty rights apply.
For consumers residing in Switzerland :
They should, as soon as practicable in the ordinary course of business, inspect the condition of the received goods and, if any defects are found for which the seller is liable, notify the seller immediately. If the consumer fails to do so, the purchased goods are deemed accepted, unless the defects were not discoverable upon proper inspection. If such defects appear later, notification must be given immediately upon discovery; otherwise, the goods are also deemed accepted with respect to these defects.
Please return the defective product to us with a description of the defect. You are responsible for the return shipping costs. We provide a warranty by remedying defects. This will be done at our discretion either by repairing the defect or by delivering a replacement. If the remedy fails, you are entitled to withdraw from the contract. This does not apply in the case of minor defects. A right to a price reduction is excluded.
The following applies to businesses and merchants:
Unless expressly agreed otherwise below, the statutory warranty rights apply.
The following limitations and reductions of time limits do not apply to claims based on damages caused by us, our legal representatives, or agents.
• in case of injury to life, body or health
• in case of intentional or grossly negligent breach of duty as well as fraudulent intent
• in case of breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on which the contractual partner may regularly rely (cardinal obligations)
• within the scope of a guarantee promise, insofar as agreed, or
• insofar as the scope of application of the Product Liability Act is opened.
Restrictions on entrepreneurs
With respect to businesses, only our own specifications and the manufacturer's product descriptions incorporated into the contract constitute an agreement regarding the quality of the goods; we assume no liability for public statements made by the manufacturer or other advertising claims. For businesses, the limitation period for claims based on defects in newly manufactured goods is one year from the transfer of risk. The preceding sentence does not apply to goods that, according to their customary use, have been used in a building and have caused its defectiveness. Used goods are sold excluding all warranties. The statutory limitation periods for recourse claims under Section 445a of the German Civil Code (BGB) remain unaffected.
Note to merchants
Merchants are subject to the duty to inspect and give notice of defects as stipulated in Section 377 of the German Commercial Code (HGB). If you fail to give the required notice, the goods are deemed accepted, unless the defect was not discoverable upon inspection. This does not apply if we have fraudulently concealed a defect.
11.2 Guarantees and Customer Service
Information on any applicable additional warranties and their exact terms can be found with the product and on special information pages in the online shop.
Customer service: Phone: +49 151 53 11 43 71 – Customer service available Monday to Thursday from 10:00 AM to 4:00 PM and Friday from 10:00 AM to 1:00 PM.
12. Liability
We are always liable without limitation for claims arising from damages caused by us, our legal representatives or agents.
- in case of injury to life, body or health,
- in the case of intentional or grossly negligent breach of duty,
- in the case of warranty promises, if agreed, or
- insofar as the scope of application of the Product Liability Act is opened.
In the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and on which the contractual partner may regularly rely (cardinal obligations), caused by slight negligence on the part of us, our legal representatives, or vicarious agents, our liability is limited to the amount of the foreseeable damage that typically arises at the time of conclusion of the contract.
All other claims for damages are excluded.
13. Code of Conduct
We have committed ourselves to the following codes of conduct:
- Trusted Shops ( https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf )
14. Final Provisions
If you are an entrepreneur, then German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.