Terms & Conditions

1. scope of application

The following terms and conditions apply to all orders placed via our online shop. Our online shop is aimed exclusively at consumers.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or self-employed professional activity.

2. contracting party, conclusion of contract, correction options

The purchase contract is concluded with Winqs Sports GmbH.

The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalogue. You can initially place our products in the shopping basket without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained for this purpose in the order process. By clicking on the order button, you make a binding offer for the goods contained in the shopping basket. Confirmation of receipt of your order will be sent by e-mail immediately after you have sent the order.

We will accept your offer within two days by

• we issue a declaration of acceptance in a separate e-mail or
• if applicable, the payment transaction is executed by our service provider or the selected payment service provider. The time of execution of the payment transaction depends on the selected payment method (see under "Payment").

The relevant alternative for you depends on which of the listed events occurs first.

3. contract language, contract text storage

Language(s) available for the conclusion of the contract: German, English

We save the text of the contract and send you the order data and our GTC in text form. You can view the text of the contract in our customer login.

4. delivery conditions

Shipping costs may be incurred in addition to the stated product prices. You can find out more about any shipping costs in the offers.

We only deliver by mail order. Unfortunately, it is not possible to collect the goods yourself.

5. payment

The following payment methods are generally available in our shop:

Credit card
In the ordering process you enter your credit card details. Your card will be charged immediately after placing the order.

PayPal
To pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, legitimize yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after placing the order. You will receive further instructions in the order process.

PayPal can offer registered PayPal customers and those selected according to its own criteria further payment modalities in the customer account. However, we have no influence on the offering of these modalities; further individually offered payment modalities affect your legal relationship with PayPal. You can find more information about this in your PayPal account.

Sofort by Klarna
In order to pay the invoice amount via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment instruction. Your account will be debited immediately after placing the order. You will receive further instructions in the order process.

Google Pay
In order 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, legitimize yourself with your access data and confirm the payment instruction. The payment transaction will be carried out immediately after placing the order. You will receive further instructions during the order process.

Apple Pay
In order 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, legitimise yourself with your access data and confirm the payment instruction. The payment transaction is carried out immediately after placing the order. You will receive further instructions in the order process.

Klarna
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 stipulated below, payment via Klarna requires a successful address and credit check and is made directly to Klarna. Further information is provided with the respective payment option and in the order process.

Purchase on account via Klarna
The invoice amount is due after shipment of the goods and receipt of the invoice.

Klarna credit card
You enter your credit card details in the order process. Your card will be charged by Klarna immediately after placing the order. An address and creditworthiness check does not take place.

Klarna direct debit
You issue Klarna with a SEPA direct debit mandate. Klarna will inform you about the date of the debit (so-called prenotification). The account will be debited after the goods have been dispatched.

Instalment purchase via Klarna
You can pay the invoice amount in monthly instalments of at least 1/24 of the total amount. The amount of the minimum instalment is 6.95 euros.

6. retention of title

The goods remain our property until full payment has been made.

7. transport damage

If goods are delivered with obvious transport damage, please complain about such faults to the delivery agent as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.

8 Warranty and guarantees

8.1 Liability for defects

The statutory liability for defects shall apply.

8.2 Warranties and after-sales service

Information on any additional warranties that may apply and their exact terms can be found with the product and on special information pages in the online store.

Customer service: You can reach our customer service for questions, complaints and objections by e-mail on weekdays at hello@winqssports.com.

9. liability

For claims based on damage caused by us, our legal representatives or vicarious agents, we shall always be liable without limitation

• in the event of injury to life, limb or health,
• in the event of intentional or grossly negligent breach of duty,
• in the case of guarantee promises, insofar as agreed, or
• insofar as the scope of application of the Product Liability Act is opened.

In the event of a breach of material contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.

10. dispute resolution

The European Commission provides a platform for online dispute resolution (OS), which you can find here. We are willing to participate in an out-of-court arbitration procedure before a consumer arbitration board.

GTC created with the Trusted Shops Legal text editor