Terms and conditions
1. Scope, offer, conclusion of contract
1.1. The platform ” EN.DERBYSTAR.DE” (hereinafter referred to as the “shop”) is operated by Sportnex GmbH, Landwehrstraße 37, 80336 Munich, Germany, represented by its managing director Ralf Nienaber (hereinafter referred to as “Sportnex”). All purchases in the shop are exclusively subject to these terms and conditions unless otherwise agreed. Please note that customers’ use of en.derbystar.de is subject to the relevant terms and conditions of the DERBYSTAR.
1.2. A contract between Sportnex and the customer comes about when the customer places an order and Sportnex delivers the ordered goods or confirms the order. By using the shop no contract will come about between the customer and DERBYSTAR.
2. Registration, order prerequisites
2.1. Only adults may place orders.
2.2. Customers may log in to the shop before making a purchase. Registering for an account is free of charge. In order to register, customers must provide complete and accurate data as requested (e.g. name, address, telephone number, email address).
3. Customer obligations
3.1 Customers are obligated to update their data in their accounts at all times and ensure that it continues to be accurate. Customers are hereby advised that any legal declarations (e.g. order confirmations, changes to these terms, termination of the business relationship) will be sent by email. If customers are unable to reach notifications, goods, or any refunds because they have not provided accurate data, they are responsible for any delays or damage thus incurred. This does not affect any rights of Sportnex GmbH to terminate the business relationship.
3.2. Customers must prevent third-party access to their accounts especially by keeping their passwords secret. They accept liability for any misuse of their accounts caused by failure to do so. Accounts are not transferable or inheritable.
3.3. Customers must procure the necessary technical prerequisites (e.g. internet connection, mobile service) at their own expense.
3.4 Customers agree to refrain from acts which may affect the operation of the shop (e.g. the use of software or other scripts).
4.1. In the case of defects, Sportnex will offer the customer either to remedy the defect or replace it with a new delivery unless the latter would create disproportionate costs for Sportnex. If two attempts at remedy or replacement delivery are unsuccessful, if Sportnex refuses or is otherwise unable to meet this obligation or fails to do so within a reasonable timeframe or if the replacement delivery fails for some other reason, customers are entitled to withdraw from the contract or to demand a corresponding reduction of the purchase price (reduction).
4.2. Sportnex does not guarantee the quality or durability of any material object unless it is expressly labelled “guaranteed”.
5.1. Sportnex is only liable for damages caused with intent, out of gross negligence, or in breach of an essential contractual obligation. The liability for damages caused out of slight negligence of an essential contractual obligation shall be limited to those damages typically foreseeable for contracts of this kind. The liability for damages caused out of slight negligence of non-essential contractual obligations is hereby disclaimed.
5.2 The above disclaimer does not apply to cases of fraudulent non-disclosure of defects or if a certain quality has been guaranteed, for claims under project liability law, or for injury to life, body or health. The above provisions do not increase the customer’s burden of proof.
5.3 Insofar as Sportnex liability is excluded, this also applies to the personal liability of its employees, representatives, and vicarious agents.
5.4 Contractual liability claims against third parties, in particular DERBYSTAR, do not exist. Notwithstanding anything to the contrary in these terms and conditions, DERBYSTAR shall not have any responsibility or liability of whatsoever nature in respect of, or in connection with, the operation of the shop or for any failure or defect in the shop and/or goods ordered from the shop.
6. Industrial property rights
All logos, photographs, and other illustrations in the shop are subject to trademark and/or copyright protections. Any unauthorised use is prohibited.
7.1. Compliance with applicable data protection regulations is a top concern for Sportnex. Sportnex only uses the data it receives as permitted by law, e.g. to execute the contract or to inform you about our goods, services, or other offers in the shop. You can object to the use of your data for purposes of advertising or market and opinion research at any time. We include a specific notice reminding you of your opportunity to opt out in all of our marketing communications.
7.2. For further details on the use of data in the shop, please refer to our Privacy Statement.
8. Partial deliveries, title, court of jurisdiction, applicable law
8.1. Sportnex is entitled to make partial deliveries, provided these are reasonable for the customer.
8.2. Until the purchase price has been paid in full, Sportnex retains title to the goods. Customers are obligated to handle the goods with care until the title is transferred to them.
8.3 If the customer is a merchant as defined in the German Commercial Code (HGB), a legal entity under public law, or a special fund under public law, or if the customer has no general jurisdiction in Germany or has a domicile or habitual residence that is unknown at the time legal recourse is sought, then the exclusive jurisdiction for all disputes arising from or in connection with the contractual relationship is Munich. Munich is also the place of fulfilment for all payments, deliveries, and services.
8.4. If the customer is a merchant within the meaning of the German Commercial Code (HGB), a legal person governed by public law or a public special fund, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.