Terms of service
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Media & Sports e.K.) via the website www.equal1ze.de. Unless otherwise agreed, the inclusion of any terms and conditions you may use is hereby rejected.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject matter of the contract is the sale of goods, including digital content (data created and provided in digital form).
(2) By placing the respective product on our website, we are making you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the “shopping cart.” You can access the “shopping cart” at any time via the corresponding button in the navigation bar and make changes there.
After clicking on the “Checkout” or “Proceed to order” button (or similar designation) and entering your personal data as well as the payment and shipping conditions, the order data will be displayed to you as an order overview.
If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as your payment method, you will either be taken to the order overview page in our online shop or redirected to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, please make the appropriate selection or enter your data there. Finally, the order details will be displayed as an order overview on the website of the instant payment system provider or after you have been redirected back to our online shop.
Before submitting the order, you have the option of checking the details in the order overview again, changing them (also using the “back” function of your internet browser) or canceling the order.
By submitting the order via the corresponding button (“order with obligation to pay,” “buy” / “buy now,” “order with obligation to pay,” “pay” / “pay now” or similar designation), you declare your legally binding acceptance of the offer, thereby concluding the contract.
(4) Your requests for an offer are non-binding for you. We will submit a binding offer to you in text form (e.g., by email), which you can accept within 5 days (unless another period is specified in the respective offer).
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by e-mail, partly automatically. You must therefore ensure that the e-mail address you have provided us with is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
§ 3 License to use digital content
(1) The digital content offered is protected by copyright. You will receive a license to use each piece of digital content purchased from us from the respective licensor. The type and scope of the license to use are specified in the license terms stated in the respective offer.
§ 4 Special agreements regarding payment methods offered
(1) Payment via “PayPal” / “PayPal Checkout”
If you select a payment method offered via “PayPal” / “PayPal Checkout,” payment will be processed by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; “PayPal”). The individual payment methods via “PayPal” are displayed on our website under a correspondingly labeled button and during the online ordering process. “PayPal” may use other payment services for payment processing; if special payment conditions apply, you will be notified of this separately. Further information about PayPal can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full (https://www.paypal.com/de/webapps/mpp/ua/legalhub-full).
§ 5 Right of retention, retention of title
(1) You may only exercise a right of retention if it relates to claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following also applies:
a) We reserve title to the goods until all claims arising from the current business relationship have been settled in full. Pledging or transfer by way of security is not permitted before transfer of ownership of the goods subject to retention of title.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount arising from the resale, and we accept the assignment. You remain authorized to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.
c) If the goods subject to retention of title are combined or mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is at our discretion.
§ 6 Warranty
(1) The statutory rights of liability for defects apply.
(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects, and transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to do so shall not affect your statutory warranty claims.
(3) If a feature of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed of this by us before the contractual declaration was made and the deviation was expressly and separately agreed between the contracting parties.
(4) If you are an entrepreneur, the following shall apply in deviation from the above warranty provisions:
a) Only our own information and the manufacturer's product description shall be deemed agreed as the quality of the goods, but not other advertising, public promotions, and statements by the manufacturer.
b) In the event of defects, we shall provide warranty at our discretion by repair or replacement. If the defect cannot be remedied, you may, at your discretion, demand a reduction in price or withdraw from the contract. The remedy of defects shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the goods or the defect or other circumstances indicate otherwise. In the event of repair, we shall not be required to bear the increased costs incurred by transporting the goods to a location other than the place of performance, provided that such transport does not correspond to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The reduction of the warranty period shall not apply:
- for culpable damage attributable to us resulting from injury to life, limb, or health, and for other damage caused intentionally or through gross negligence;
- if we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- for items that have been used for a building in accordance with their normal use and have caused its defectiveness;
- for statutory recourse claims that you have against us in connection with warranty rights.
§ 7 Choice of law, place of performance, place of jurisdiction
(1) German law applies. In the case of consumers, this choice of law only applies insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the country in which they have their habitual residence (principle of favorability).
(2) The place of performance for all services arising from the business relationships with us and the place of jurisdiction is our registered office, provided that you are not a consumer but a merchant, a legal entity under public law, or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is unknown at the time the action is brought. The right to also bring an action before the court at another legal place of jurisdiction remains unaffected by this.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
II. Customer information
1. Identity of the seller
Media & Sports e.K.
Zum Kugelfang 19
95119 Naila
Germany
Phone: 016099812110
Email: support@equal1ze.com
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/consumers/odr.
We are not willing and not obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on the conclusion of the contract
The technical steps for concluding the contract, the conclusion of the contract itself, and the correction options are carried out in accordance with the provisions of “Conclusion of the Contract” in our General Terms and Conditions (Part I.).
3. Contract language, contract text storage
3.1. The contract language is German.
3.2. We do not store the complete contract text. Before submitting the order, the contract data can be printed out using the browser's print function or saved electronically. After we receive the order, the order data, the information required by law for distance contracts, and the General Terms and Conditions will be sent to you again by email.
3.3. For requests for quotations outside the online shopping cart system, you will receive all contract data in the form of a binding offer in text form, e.g. by email, which you can print out or save electronically.
4. Codes of conduct
4.1. We have submitted to the buyer seal quality criteria of Händlerbund Management AG, which can be viewed at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf.
5. Essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
6. Prices and payment terms
6.1. The prices listed in the respective offers and the shipping costs represent total prices. They include all price components, including all applicable taxes.
6.2. The shipping costs incurred are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process, and are to be borne by you in addition, unless free shipping has been promised.
6.3. If delivery is made to countries outside the European Union, additional costs beyond our control may be incurred, such as customs duties, taxes, or money transfer fees (bank transfer or exchange rate fees charged by credit institutions), which shall be borne by you.
6.4. Any money transfer costs incurred (bank transfer or exchange rate fees charged by banks) shall be borne by you in cases where delivery is made to an EU member state but payment was initiated outside the European Union.
6.5. The payment methods available to you are listed under a corresponding button on our website or in the respective offer.
6.6. Unless otherwise specified for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
7. Delivery conditions, provision
7.1. The delivery conditions, delivery date, and any existing delivery restrictions, as well as the conditions for the provision of digital content, can be found under a correspondingly labeled button on our website or in the respective offer.
7.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment is only transferred to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by the entrepreneur or another person designated to carry out the shipment.
If you are an entrepreneur, delivery and shipment are at your risk.
8. Statutory liability for defects
Liability for defects is governed by the “Warranty” provision in our General Terms and Conditions (Part I).