General Terms and Conditions of Business

§ 1 Scope of application, customer information

The following General Terms and Conditions (GTC) govern the contractual relationship between Kübler Sport GmbH www.tanga-sports.com and entrepreneurs/wholesalers. We do not recognise any terms and conditions that conflict with or deviate from our terms and conditions. The contractual language is German or English.

§ 2 Conclusion of contract

(1)(1) The offers on the Internet represent a non-binding invitation to you to purchase goods.

(2) You can only purchase full packaging units. You can place a binding order by e-mail, by telephone or by fax. Your order does not yet constitute acceptance of the purchase offer.

(3) We are entitled to accept your offer within 3 working days by sending an order confirmation by e-mail. After the fruitless expiry of the period specified in sentence 1, your offer shall be deemed to have been rejected, i.e. you shall no longer be bound by your offer. In the case of an order by telephone, the purchase contract is concluded if we accept your offer immediately. If the offer is not accepted immediately, then you are no longer bound by it.

§ 3 Resale

If you wish to resell goods delivered by us in the context of a stationary trade or on the Internet in your own name and on your own account, you shall comply with the following provisions:

1. you are obliged to comply with our current corporate design specifications when using the tanga sports® brand in relation to any public presentation made in connection with the products. You can obtain information about the current corporate design specifications from us on request or via the secure access area of our website.

2. In addition, we are exclusively entitled to all property rights to our goods and brand products, including copyrights, trademark rights, company rights or other marks, if any. You undertake not to attack the property rights of tanga sports® yourself or to have them attacked by third parties or to support third parties in attacking them in any way. If you violate this provision, we are entitled to terminate this contract without notice for good cause. You are not allowed to protect or register trademarks, trade names or other signs of us on the articles or such trademarks, trade names or other signs on the articles that are identical or similar to those of tanga sports® or property rights - as far as they are registrable. Accordingly, you are also not entitled to adopt the name tanga sports® as part of your company or a domain name and to enter it in the commercial register or any other register or to have it protected by a certification authority. You are also not permitted to use the designation tanga sports® as a name in any other way, for example as part of an account.

3. We will provide you with sales support materials such as product photos and print templates free of charge. You will be informed about new product releases and special offers on an ongoing bas

4. the dealer is entitled to call himself a "tanga sports® -authorised dealer" during the term of this agreement.

5. internet trade
The following principles apply to sales via the Internet:

Your internet offers must be designed in such a way that you and not tanga sports® are clearly recognisable as the seller.
For the operation of the webshop, a qualified service around our products has to be offered. This includes a fast page layout, a high quality of presentation, a user-friendly structure as well as comprehensive information about our products. The product descriptions must at least correspond to the information that can be found in our official catalogue. However, we do not assume any liability for the legal conformity of the wording of the product descriptions.
The fast delivery of ordered goods must be guaranteed.

§ 4 Retention of title

The object of purchase remains our property until full payment has been made.

§ 5 Statutory liability for defects and limitation period

(1) Statutory liability rights for defects

Statutory liability rights for defects exist for our goods.

(2) Limitation of liability for defects (warranty) towards consumers in the case of used goods

There are two periods for your claims for defects, both of which run from the delivery of the second-hand goods to you.
We reduce the liability period for defects from two years to one year.
Defects that occur within this liability period can, however, be claimed until the expiry of the statutory limitation period of two years. Excluded from the reduction of the liability period are claims for damages, claims due to defects which we have fraudulently concealed, and claims arising from a guarantee which we may have assumed for the quality of the item. The statutory periods shall apply to these excluded claims. In the event of a guarantee period, the longer period shall apply in favour of the guarantee recipient.

(3) Limitation of liability for defects (warranty) vis-à-vis entrepreneurs

Your warranty claims due to defects in the purchased goods shall become statute-barred one year after the transfer of risk. The following claims are excluded from this regulation:

to damages
for fraudulently concealed defects
from any guarantee given
recourse according to §§ 445a, 478 BGB (German Civil Code)
for defects in building materials and components which have been used in accordance with their customary use for a building and have caused its defectiveness.

The statutory limitation periods shall apply to these excluded claims. In the event of a warranty period, if any, the longer period shall apply in favour of the buyer.

§ 6 Limitation of liability

We exclude liability for slightly negligent breaches of duty, insofar as these do not concern essential contractual duties, damages from injury to life, body or health or guarantees or claims under the Product Liability Act are affected. The same applies to breaches of duty by our vicarious agents and our legal representatives. Essential contractual obligations include in particular the obligation to hand over the item to you and to provide you with ownership of it. Furthermore, we must provide you with the item free of material defects and defects of title.

§ 7 Commercial place of jurisdiction

We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.

§ 8 Consumer information: Non-participation in dispute resolution proceedings

We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.

Document created and continuously updated by janolaw AG.

Provider identification

Kübler Sport GmbH
Karl-Ferdinand-Braun-Str. 3
71522 Backnang - DE

Telephone: +49 (0) 7191 9570 -0
Fax: +49 (0) 7191 9570 -10
E-Mail: info(at)tanga-sports.com

Internet: https://www.tanga-sports.com
Kübler Sport GmbH is represented by: Managing Director Udo Vetter

Value added tax identification number in accordance with § 27a of the Value Added Tax Act (UStG): DE311400094

Dispute resolution for consumers

The EU Commission provides a platform for out-of-court online dispute resolution, which can be found at https://ec.europa.eu/consumers/odr/. We endeavour to settle any disagreements arising from our contract with the customer amicably. Furthermore, we are not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board. Our e-mail for consumer complaints is: info(at)kuebler-sport.de.