GTC (General Terms and Conditions)

All deliveries by Trendy Sport GmbH & Co. KG are made exclusively based on the following terms and conditions. Deviations from these terms are only valid if confirmed in writing by Trendy Sport GmbH & Co. KG.

§1 Offer, Price

All offers are non-binding. The prices valid on the day of the order apply. Any price changes will be indicated in the order confirmation. Price adjustments are reserved. Prices include packaging but exclude transport costs and statutory VAT. Packaging will not be taken back.

§2 New Editions

Catalogs, brochures, price lists, and terms of delivery and payment become invalid upon the release of new editions.

§3 Shipping and Freight Costs

Freight costs are generally borne by the purchaser. In the event of non-acceptance of goods, the purchaser shall bear the resulting costs.

§4 Payment

Payment must be received within 10 days from the invoice date. If the payment term is exceeded, Trendy Sport GmbH & Co. KG is entitled to charge default interest at a rate of 4% above the applicable base interest rate of the Deutsche Bundesbank. The purchaser is not entitled to withhold the purchase price due to any counterclaims not arising from this contractual relationship. Offsetting is only permitted if the counterclaim is undisputed or legally established. Otherwise, offsetting is excluded.

§5 Notice of Defects

Complaints regarding defects must be submitted in writing to Trendy Sport GmbH & Co. KG within one week. Trendy Sport GmbH & Co. KG may choose to remedy the defect or deliver a replacement free of charge, provided the purchaser proves that the defect already existed at the time the goods were handed over to the carrier. For third-party products, Trendy Sport GmbH & Co. KG’s liability is limited to the assignment of warranty claims against the supplier.

Claims for defects expire 12 months after the transfer of risk. No warranty claims exist in cases of natural wear and tear or damages resulting from improper storage, handling, or use. This also applies to circumstances arising after the transfer of risk without fault on the part of Trendy Sport GmbH & Co. KG. If a complaint is unjustified, the purchaser must reimburse any expenses incurred. If the goods have been resold, claims against Trendy Sport GmbH & Co. KG only exist within the scope agreed with the purchaser. Any further claims are excluded, including compensation for indirect damages, consequential damages, or lost profits, except in cases of intent or mandatory liability. The purchaser may not transfer their contractual rights to third parties without written consent from Trendy Sport GmbH & Co. KG.

§6 Collection

Representatives of Trendy Sport GmbH & Co. KG are not authorized to collect payments unless confirmed in writing.

§7 Default of Acceptance

If the goods are not accepted or collected, Trendy Sport GmbH & Co. KG may store them at the purchaser’s expense. The purchase price becomes due upon expiration of the collection period. In case of non-acceptance, Trendy Sport GmbH & Co. KG is entitled to charge 30% of the purchase price as compensation for costs and lost profit.

§8 Shipping, Fulfillment

Unless otherwise agreed, Trendy Sport GmbH & Co. KG may choose the shipping method. The risk of transport passes to the purchaser as soon as the goods leave the company’s shipping warehouse. The service is considered fulfilled upon handover to the carrier.

§9 Transport Damage

Visible damage must be reported immediately to the carrier upon delivery. Hidden damage must be reported within 4 days to the carrier and Trendy Sport GmbH & Co. KG. The customer is responsible for meeting deadlines and handling the process. All resulting costs are borne by the purchaser. Additionally, the terms and conditions of the freight carrier apply.

§10 Performance Time

Trendy Sport GmbH & Co. KG may extend the delivery time by up to 6 weeks in exceptional cases, particularly due to force majeure, operational disruptions, strikes, or similar events. In such cases, a delay notice will be issued. If the delivery still cannot be made after a written rescheduling, the customer may withdraw from the contract if Trendy Sport GmbH & Co. KG is at fault. Delivery time is also extended by any delay in payment or other obligations by the purchaser, at least for the duration of such delay.

§11 Retention of Title

Trendy Sport GmbH & Co. KG retains ownership of all delivered goods until full payment of all claims, including any outstanding account balances. This applies even if payment has been made for specifically designated deliveries. Resellers may only resell goods in the ordinary course of business. Claims from resale are assigned to Trendy Sport GmbH & Co. KG for security purposes until all claims are paid. The purchaser must notify Trendy Sport GmbH & Co. KG immediately in writing of any seizure or infringement of property rights. Pledging or transfer by way of security is not permitted during the retention of title. In case of breach of duty, Trendy Sport GmbH & Co. KG may withdraw from the contract and demand the return of the goods.

§12 Oral Agreements

Oral agreements are not valid unless confirmed in writing.

§13 Written Form

All notices and declarations to Trendy Sport GmbH & Co. KG must be in writing to be effective.

If any provision of these terms is invalid, the remaining provisions remain unaffected. The statutory provisions shall apply in place of the invalid terms.

§14 Place of Fulfillment and Jurisdiction

The law of the Federal Republic of Germany applies. Place of jurisdiction is Nuremberg, Germany.