Apex Sports LLC, hereinafter Apex Sports
Last updated 17.10.2019
- 1. General Information
- The following General Terms and Conditions apply to all business relations between us and the customer. The version valid at the time of conclusion of the contract shall be decisive.
- Customers within the meaning of these Terms and Conditions are exclusively consumers.
- Any deviating, conflicting or supplementary General Terms and Conditions shall not become part of the contract even if they are known, unless their validity is expressly agreed in writing.
- 2. Conclusion of Contract
- The conditions for our goods are subject to change without notice and are not binding. Our presentation of goods on the Internet does not constitute an offer, but rather a non-binding request to the customer to order. Technical as well as other changes in form, colour or weight are reserved within the scope of what is reasonable.
- The online order only represents an offer from the customer to Apex Sports to conclude a purchase contract. The confirmation of receipt of the order by email does not constitute acceptance, but rather informs the customer that Apex Sports has received their order. Acceptance of the order takes place through advance payments by email.
- Apex Sports reserves the right not to accept online orders. Apex Sports is entitled to accept the order within three working days after receipt by Apex Sports.
- Apex Sports is entitled to limit the order to a household quantity.
- The conclusion of the contract shall be subject to the reservation that, in the event of incorrect or improper self-supply, it shall not be possible to provide the delivery or only provide it in part. This shall only apply in the event that the non-delivery is not the responsibility of Apex Sports.
- In the event of unavailability or only partial availability of the goods, the customer shall be informed immediately. The consideration shall be refunded immediately.
- The contractual language is German.
- 3. Delivery
The goods shall be delivered to the delivery address specified by the customer.
- 4. Compensation
- The price offered is binding. All prices are in euro and if the goods are not exported from the EU, include statutory VAT. In the case of shipment purchases, a flat rate shipping cost will be added to the price in accordance with Section 5 of the General Terms and Conditions.
- The customer can choose to pay by credit card and PayPal. Apex Sports reserves the right to exclude individual payment methods. Deliveries abroad can be paid by credit card or PayPal. Credit cards are charged on the day on which the order is made.
- There is no minimum order value.
- In the event of a refund to a foreign bank account, the customer shall bear the transfer costs incurred.
- When the customer opts to pay using a credit card, the customer agrees for their data arising from the contractual relationship with Apex Sports to be transferred to Six Payments Services (Europe) S.A., rue Gabriel Lippmann, 5365 Munsbach, Luxembourg to the extent required for transaction processing and for risk analysis, respectively.
- If the payment method Klarna is selected, the payment will be processed by the payment service provider Klarna AB, Sveavägen 46,111 34 Stockholm, Sweden (hereinafter referred to as "Klarna"). The general terms and conditions of Klarna are available at https://www.klarna.com/de/agb/(German) in cooperation with Klarna we offer the following payment methods: Invoice - 14 days, direct debit and immediate purchase. The Klarna option is only available to consumers. Payment will be made directly to Klarna. Information on purchase on account can be found here https://cdn.klarna.com/1.0/shared/content/legal/terms/29534/de_de/account (German)
- 5. Shipping Costs
- The customer shall bear the costs of shipping from Apex's place of establishment.
- 6. Warranty
For all ONZA Tires products, we provide a manufacturing warranty of 2 years in addition to your legal rights. Each warranty claim is reviewed by Apex Sports. Normal wear and tear of the product limit the warranty or may void the warranty claim. Inappropriate use of the product inevitably leads to the expiration of the warranty.
- 7. Right of Return for Unused Goods
If you are a consumer in the European Economic Area, you have the right to change your mind and cancel your contract within 14 days after you receive the products. If the products are split into several deliveries over different days, you will have until 14 days after the date the last delivery is received by you.
In order to exercise your right to cancel the contract, you must notify us within the cancellation period. The easiest way to do this is to contact us by any of the following methods:
Apex Sports LLC
CH – 4142 Muenchenstein
Consequences of cancellation
If you cancel your contract, you will be responsible for returning the products to us. You must send off the products within 14 days of telling us that you wish to cancel your contract. All products should be returned to us to the adress below. You will be responsible for the cost of returning products to us. The address for returns is:
Apex Sports Return
OSA Spedition GmbH
Beim Breitenstein 14
We will refund you the price you paid for the cancelled products minus any charges you paid for delivery of the products to you. We will refund this amount by the method you used for payment, unless you agree otherwise. We will pay this refund either within: (a) 14 days after the day we receive the products back from you; or (b) 14 days after you inform us of your decision to cancel the contract (if we have not started to process your order). However, please note that we may reduce your refund to reflect any reduction in the value of the products, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
- 8. Limitations of Liability
In the case of slightly negligent breaches of duty, the liability of Apex Sports as well as its agents shall be limited to foreseeable, contractually typical, immediate average damage.
Apex Sports and its agents shall not be liable for slightly negligent breaches of duty concerning non-essential duties, the breach of which does not endanger the performance of the contract.
The above limitations of liability shall not apply to claims of the customer arising from product liability or warranty. Furthermore, the limitations of liability shall not apply to physical injury and damage to health attributable to Apex Sports or in the event of loss of the customer's life.
- 9. Retention of Title
- The delivered goods shall remain the property of Apex Sports until full payment by the customer.
- The customer shall be obliged to treat the goods with care during the existence of the retention of title. If maintenance and inspection work is required, the customer must perform these regularly at their own expense. The customer must inform Apex Sports immediately in text form of any access by third parties to the goods, in particular of enforcement measures, as well as of any damage or destruction of the goods. The customer must immediately notify us of a change of ownership of the goods as well as their own change of address. The customer shall compensate for all damages and costs incurred by a breach of these obligations and by necessary intervention measures taken against access by third parties to the goods.
- Apex Sports shall be entitled to withdraw from the contract and to demand the return of the goods in the event of conduct contrary to the contract by the customer, in particular in the event of delay in payment. In addition, Apex Sports shall be entitled to withdraw from the contract in the event of a breach of an obligation pursuant to Para. 2 and to demand the return of the goods if adherence to the contract is no longer to be expected.
- 10. Place of Jurisdiction and Applicable Law
- Nothing in these conditions of sale shall affect your rights as a consumer under the applicable law in the jurisdiction in which you are resident.
- Each contract for the purchase of products from us and any dispute or claim arising out of or in connection with it shall be governed by Swiss law to the extent that it does not override any mandatory laws of the country in which you have your usual place of residence.
- The provisions of the UN Sales Convention shall not apply.
- In respect of any dispute or claim relating to a contract, you and us both submit to the non-exclusive jurisdiction of the courts of Switzerland, but nothing in this clause shall limit your legal rights to bring actions against us or to require proceedings to take place in the country in which you have your usual place of residence.