(as of: December 2022)

Terms and Conditions and Consumer Information

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Your contractual partner

Golf House Direktversand GmbH
Schnackenburgallee 149
D-22525 Hamburg

Managing Directors: Frank Ewers, Ralph Anstoetz
Commercial register: Hamburg Local Court HRB 18544
VAT-ID: DE 118556553

You can reach our customer service for questions, complaints and claims by email: customerservice@golfhouse.com

www.golfhouse.com

We are also looking for customer-oriented solutions in legal matters. You can contact us via email. Of course, you retain your rights without restriction even without sending us an email. We are obligated to indicate contract details as well as the valid legal conditions (including shipping conditions). Below you will find more detailed information.

1. Validity

1.1 Those contracts that are concluded based on the offers of the Internet site are subject to the following general terms and conditions.

1.2 If these terms and conditions refer to consumers, these are natural persons according to the legal regulation (§ 13 BGB), for whom the purpose of the order cannot be predominantly attributed to a commercial or independent professional activity. In Austria, legal entities can also be consumers. According to the legal regulation (§ 14 BGB), entrepreneurs are natural or legal persons or partnerships with legal capacity who, when concluding a legal transaction, act in the exercise of their commercial or self-employed professional activity. Customers in the sense of these terms and conditions are both consumers and entrepreneurs.

1.3 If working days are specified as deadlines, this shall be understood to mean all weekdays with the exception of Saturdays, Sundays and public holidays at our headquarter in Hamburg.

2. Storage possibility and access to the contract text

2.1 During the order process you can retrieve these terms and conditions and further contractual regulations with the data of your order. You can easily archive this information by either downloading the terms and conditions and saving the data using the functions of your browser, or you can wait for the automatic order confirmation, which we will also send you by email after you placed your order correctly. This order confirmation email contains the contractual regulations with the data of your order and these terms and conditions and can be easily printed out or saved with your email program.

2.2 We store the contract text. However, for safety reasons you can not retrieve is directly. We offer a password-protected direct access ("Login") for each customer. If you are registered you can manage your data there. The customer is obligated to treat the personal access data confidentially and not to make it accessible to any unauthorized third party. You can find the current version of the terms and conditions on our website.

3. Contractual partner, language and conclusion of the contract

3.1 Your contract partner is Golf House Direktversand GmbH. Contracts in this internet store can currently only be concluded in English. Our advertising offers are subject to change as long as they do not become the content of a contractual agreement. Before sending your order, you have the possibility to check and correct the data you have entered.

3.2 By sending your order, you make a binding contractual statement. Immediately after receiving your order you will get an automatically sent order confirmation. This confirmation of order does not constitute acceptance of your order.

3.3 A binding contract is concluded by our declaration of acceptance. For this we will send you a separate email. In the case of advance payment our declaration of acceptance will be our payment request via email.

3.4 You are bound to your order after the expiration of the legal revocation period.

3.5 Reservation for articles (advanced payment) is possible for a maximum of 7 working days. If we receive your money after that, there may be delays in delivery.

4. Prices, shipping costs

4.1 For orders in our Internet store, the prices listed in the offer at the time of the order apply. The prices listed are total prices. They include the applicable statutory value-added tax and other price components.

You can find further details regarding any additional shipping costs in the online shop. For custom-made products and for business customers, we charge other, separate processing and shipping costs. These are not estimated as a lump sum and depend on the respective scope of the order.

4.2 In the case of deliveries outside Germany, further costs may be incurred for import into a third country (duties, possible customs fees and import sales taxes). These other costs shall be borne by the customer.

5. Payment, delivery, packaging

5.1 We offer the following payment options:

    • -Advance payment
      You will receive the transfer details after you ordered.
    • -Credit card (MasterCard and Visa)
      The debit will be made immediately after shipment.
    • -PayPal
    • The debit will be made immediately after shipment.

5.2 We deliver with UPS. Shipments to packing stations, P.O. boxes or postal warehouse shipments are not possible. You will receive a message from us when the goods have left our stockage. If the delivery has not been possible, you will receive a message from the carrier, which will include further information.

5.3 Shipments to our delivery countries (Belgium, Denmark, France (mainland only), Luxembourg, Netherlands, Poland, Slovenia, Italy, Sweden, Bulgaria, Estonia, Latvia, Lithuania, Romania, Hungary, Spain (except Canary Islands), Portugal, Greece, Finland, Croatia, Switzerland, Slovakia and Ireland) will be delivered within 8 working days after receiving your order and, if applicable, advance payment. On the respective product pages you may be find deviating delivery times.

5.4 The obligation to deliver is not applicable if we are not supplied correctly and on time and if we are not responsible for the lack of availability. In case of unavailability of the goods we will inform you immediately and any advance payment will be refunded without delay.

5.5 The delivery time shall be reasonably extended in the event of strikes and lockouts affecting delivery and other circumstances for which we are not responsible, in particular in cases of delays in delivery due to force majeure. We shall inform the buyer immediately of the beginning and end of such hindrances.

5.6 In the case of consumers, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the consumer or a consignee designated by the consumer when the goods are handed over by the carrier. This applies regardless of whether the shipment is insured or not. In all other cases, the risk of accidental loss and accidental deterioration of the goods shall pass upon handover (at the time of delivery of the goods to the carrier or other person or institution designated to carry out the shipment).

5.7 We are obligated to take back and recycle packaging that is not part of the system in accordance with the regulations of VerpackG. We will gladly comply with this obligation. Please send us a return note in this regard to the following email address: organisation@golfhouse.de

6. Right of withdrawal for consumers

6.1 Here you receive an instruction about the conditions and consequences of the legal right of revocation with mail-order purchases.

Cancellation policy

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reason.

The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the last goods.

To exercise your right of withdrawal, you must inform us (Golf House Zentrallager, c/o BLG Sports & Fashion Logistics GmbH, Axel-Beckord-Str. 2, 99880 Hörsel, Germany, Tel: 0800 0700601, email: customerservice@golfhouse.com) by means of a clear declaration (e.g. a letter or email sent by post) of your decision to withdraw from this contract. You can use this sample withdrawal form for this purpose, which is, however, not mandatory.

To comply with the withdrawal period, it is sufficient that you send the notification of exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the revocation

If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case we will charge you any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to Golf House Zentrallager, c/o BLG Sports & Fashion Logistics GmbH, Axel-Beckord-Str. 2, 99880 Hörsel, Germany without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the deadline of fourteen days. We shall bear the direct costs of returning the goods. You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.

6.2 Exceptions to the right of withdrawal

There are legal exceptions to the right of withdrawal (§ 312g BGB), whereby we reserve the right to invoke the following regulations against you:

The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.

The right of withdrawal may expire prematurely in the case of contracts for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.

7. Sample withdrawal form

Sample withdrawal form

(If you want to cancel the contract, please fill out this form and send it back)

- To Golf House Zentrallager, c/o BLG Sports & Fashion Logistics GmbH, Axel-Beckord-Str. 2, 99880 Hörsel, Germany, email: customerservice@golfhouse.com
- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of consumer(s)
- Address of consumer(s)
- Signature of consumer(s) (only in case of paper communication)
- Date
--------------------------------------
(*) Delete where not applicable

With each delivery of goods you will also receive a return form, which you can also use.

8. Retention of ownership

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

9. Warranty, complaints, guarantees

9.1 In case of defective goods the customer has a legal right of liability for defects (warranty). Warranty claims against entrepreneurs are limited to a period of one year from delivery in the case of delivery of new goods.

9.2 Entrepreneurs must notify in written form obvious defects immediately, but no later than within a period of 14 days from receipt of the goods. In the case of discovery of non-obvious defects, the obligation to give notice of defects without delay, at the latest within 14 days from discovery of the defect, shall apply. Otherwise, the goods shall be deemed to have been approved also in view of the respective defect. The dispatch on time shall be sufficient to meet the deadline. For merchants, § 377 HGB (German Commercial Code) shall apply additionally. This also applies to preliminary and intermediate products sent for correction in the case of custom-made products (e.g. logo products).

9.3 The limitations or exclusions of warranty liability excluded in the above regulations (9.1 and 9.2) shall exclude claims for damages based on a defect resulting from injury to life, limb or health due to a breach of duty for which we are responsible, as well as claims for damages for other losses resulting from an intentional or grossly negligent breach of duty by us. The statutory limitation period of 2 years shall apply to the claims excluded above. Limitations or exclusions of warranty claims as a whole shall not apply in the event of the assumption of a quality guarantee by us or the fraudulent concealment of a defect by us within the meaning of § 444 BGB. In these cases we shall also be liable for simple negligence. Any manufacturer's warranty shall also remain unaffected. In addition, the regulations of § 478 BGB on dealer recourse in the sale of newly manufactured goods to a consumer shall remain unaffected. Insofar as our liability is excluded or limited or exceptions to this are regulated above, this shall also apply to the personal liability of our employees, staff, legal representatives and vicarious agents.

9.4 There is a statutory liability for defects (warranty). We are obligated to provide subsequent performance free of charge, i.e. a remediation of the defect or to a replacement delivery within the statutory warranty period. Consumers as contractual partners have the choice whether, in the event of a defect, subsequent performance is to be effected by remediation of the defect or replacement delivery. We shall be entitled to refuse the type of subsequent performance chosen in the event of special conditions regulated by law, in particular if this is only possible at disproportionate cost and the other type of subsequent performance remains without significant disadvantages for the contractual partner. In the case of contracts with entrepreneurs, the choice of type of subsequent performance for which we are responsible, shall be at our discretion. If we are not willing or able to remedy the defect or provide a replacement, or if this is delayed beyond a reasonable period of time for or if the remedy of the defect or replacement fails in any other way, you are entitled to demand a corresponding reduction in the purchase price or to withdraw from the contract. If the legal requirements are met, you may also be entitled to compensation for damages. The withdrawal as well as the compensation for damages instead of the whole performance are furthermore excluded if the defect only insignificantly reduces the value or the suitability of the purchased item or the work.

9.5. Customer satisfaction is important for us.

You can contact us at any time. Please find our contact channels above. We will try to handle your request as soon as possible and will contact you as soon as we receive the documents or your input or complaint. However, please give us some time, as warranty cases often require the involvement of the manufacturer. In the case of complaints, you will help us if you describe the subject of the problem as precisely as possible and, if necessary, send us copies of order documents or at least give us your order number, customer number, etc. If you do not receive a response from us within 5 working days, please come back to us again. In rare cases, emails may have been "stuck" in spam filters at our company or at your company, or a message sent by other means may not have reached you or may have been unintentionally omitted.

In case of service requests, please contact our customer service, which you can reach as follows:

Golf House Direktversand GmbH
Schnackenburgallee 149
22525 Hamburg
Germany
Phone: tba
customerservice@golfhouse.com

10. Data protection notice

Our data protection practice is in accordance with the statutory provisions. Details on the collection and use of your personal data can be found in our privacy policy.

11. Applicable law, place of jurisdiction

11.1 The law of the Federal Republic of Germany shall apply to all legal transactions or other legal relationships with us. The UN Convention on Contracts for the International Sale of Goods (CISG) and any other intergovernmental agreements, even after their adoption into German law, shall not apply. This choice of law includes that the customer with habitual residence in one of the states of the EU or Switzerland is not deprived of the protection granted by mandatory provisions of the law of that state.

11.2 In business transactions with merchants and with legal entities under public law, it is agreed that our registered office shall be the place of jurisdiction for all legal disputes concerning these terms and conditions and individual contracts concluded under their validity, including actions on bills of exchange and checks. In this case, we are also entitled to take legal action at the customer's place of business. Any exclusive place of jurisdiction shall remain unaffected by the above regulation.

12. Severability clause

Should single regulations of these terms and conditions not be legally effective in whole or in part, or should they later lose their legal effectiveness, this shall not affect the validity of the terms and conditions. The invalid regulations shall be replaced by the statutory regulations. The same applies insofar as the terms and conditions contain an unexpected loophole.

Note on battery disposal

The chemical contents of batteries can damage the environment and health if not stored and disposed of properly. Only by collecting and recycling them separately from other household waste, harmful effects on health and the environment can be avoided. Batteries may also contain recyclable raw materials. Batteries must therefore not be disposed of with normal household waste.

As the end user, you are legally obliged to return used batteries (rechargeable and non-rechargeable) or to dispose of them properly. For this purpose, you can return your used batteries free of charge to the public collection points in your community or to sales outlets (in the case of a shipper, you can return them to the shipping warehouse). End users can only return used batteries to stationary retail outlets in usual household quantities. In addition, you can only return batteries where you purchased them.

The sign with the crossed out garbage can means that you are not allowed to put batteries into the household garbage because of their pollutant content.

Under this sign you can also find the following symbols with the following meaning:

Pb: Battery contains lead
Cd: Battery contains cadmium
Hg: Battery contains mercury

As of December 2022

Your Golf House Direktversand GmbH

These terms and conditions also constitute intellectual property protected by copyright. Use by third parties - even in part - for commercial purposes of the offer of goods and / or services - is not permitted. Violations will be prosecuted. WIENKE & BECKER does not assume any liability towards third parties, especially not for completeness and up-to-dateness of the above information.

© 2014 WIENKE & BECKER - KÖLN Rechtsanwälte.

13. Online dispute resolution

The European Commission provides a platform for out-of-court online dispute resolution, which can be accessed at www.ec.europa.eu/consumers/odr. You can find our email address in our legal notice. We are neither obliged nor willing to participate in this dispute resolution process.