Terms of service

§ 1 General

(1) The shop is operated by Loyal Distributions GmbH, so contracts are concluded between the customer and Loyal Distributions GmbH. The following General Terms and Conditions therefore apply to all business relationships between Loyal Distributions GmbH and the customer. Customers within the meaning of these Terms and Conditions are consumers and entrepreneurs.

(2) Consumers within the meaning of these Terms and Conditions are natural persons with whom a business relationship is entered into, without them being considered to be engaged in a commercial or independent professional activity. Entrepreneurs within the meaning of these Terms and Conditions are natural or legal persons or partnerships with legal capacity with whom a business relationship is entered into and who act in the exercise of a commercial or independent professional activity.

(3) Differing, conflicting, or supplementary General Terms and Conditions shall not become part of the contract, even if known, unless their validity is expressly agreed to in writing.

§ 2 Conclusion of Contract

(1) Offers from Loyal Distributions GmbH are non-binding and merely constitute an invitation to submit an offer. Therefore, an order merely constitutes an offer to conclude a purchase contract. A contract is only concluded upon written order confirmation (by email, fax, etc.) from Loyal Distributions GmbH or upon execution of the order.

(2) Loyal Distributions GmbH reserves the right to refuse acceptance of an order – for example, after checking the customer's creditworthiness.

(3) There is no minimum order value.

§ 3 Retention of Title

(1) In the case of consumers, Loyal Distributions GmbH retains title to the goods until full payment of the purchase price. In the case of businesses, Loyal Distributions GmbH retains title to the goods until full settlement of all claims arising from the ongoing business relationship with Loyal Distributions GmbH.

(2) The business owner is obligated to immediately notify Loyal Distributions GmbH of any third-party access to the goods, for example in the event of seizure, as well as any damage or destruction of the goods. The business owner must immediately notify Loyal Distributions GmbH of any change of ownership of the goods or of a change of the company's registered office.

(3) The business owner is entitled to resell the goods in the ordinary course of business. Until all claims arising from the ongoing business relationship have been settled, the business owner hereby assigns to Loyal Distributions GmbH all claims accruing to him from the resale to a third party in the amount of the invoice amount. Loyal Distributions GmbH accepts this assignment. After the assignment, the entrepreneur remains authorized to collect the claim. However, Loyal Distributions GmbH reserves the right to collect the claim itself if the entrepreneur fails to properly fulfill his payment obligations and falls into arrears.

§ 4 Payment

(1) The quoted price is binding. The price includes statutory VAT. For orders from outside the EU countries (e.g., Switzerland), the applicable statutory VAT will be deducted from the catalog price; the purchaser is responsible for paying import VAT upon import. Bank fees for international transfers are not permitted for international payments. For mail-order purchases, the price excludes shipping costs.

(2) We offer the following payment options, unless otherwise stated in the respective product description in the offer: Shopify Payments with Klarna, Apple Pay, Google Pay, and credit cards, as well as PayPal (PayPal, payment on account, direct debit).

Prepayments will be taken into account when invoicing. Loyal Distributions GmbH reserves the right to exclude individual payment methods in individual cases.

(3) The entrepreneur shall only have a right of set-off if his counterclaims have been legally established or acknowledged by Loyal Distributions GmbH. The entrepreneur may only exercise a right of retention if his counterclaim is based on the same contractual relationship.

§ 5 Shipping and Shipping Costs

(1) If Loyal Distributions GmbH is unable to deliver the ordered goods through no fault of its own because Loyal Distributions GmbH's supplier fails to fulfill its contractual obligations, Loyal Distributions GmbH is entitled to withdraw from the contract with the customer. In this case, the customer will be informed immediately that the ordered product is not available. The customer's statutory rights remain unaffected.

(2) Upon receipt of the payment into Loyal Distributions GmbH's account, the order will be shipped immediately.

(3) Shipping costs can be viewed here: https://loyalathletics.com/policies/shipping-policy/

§ 6 Transfer of Risk

(1) In the case of consumers, the risk of accidental loss and accidental deterioration of the sold goods passes to the consumer upon handover of the goods.

(2) In the case of entrepreneurs, the risk of accidental loss and accidental deterioration of the goods passes to the entrepreneur upon handover, or in the case of a sale by dispatch, upon delivery of the goods to the freight forwarder, carrier, or other person or institution designated to carry out the dispatch.

(3) If the purchaser is in default of acceptance, this shall be deemed to have been handed over.

§ 7 Warranty

(1) Consumers have the choice of whether subsequent performance should be carried out by repair or replacement. Loyal Distributions GmbH is entitled to refuse the selected type of subsequent performance if it is only possible at disproportionate costs and the other type of subsequent performance remains without significant disadvantages for the consumer. Care instructions for the textiles must be strictly followed during use. The consumer must, if necessary, pay Loyal Distributions GmbH appropriate compensation for any deterioration caused by the intended use of the item. In the case of a warranty to businesses, Loyal Distributions GmbH has the right to choose between repair or replacement.

(2) If subsequent performance fails, the customer may, in principle, demand a reduction in the price (reduction in price), cancellation of the contract (withdrawal), or compensation instead of performance. If the customer chooses compensation instead of performance, the limitations of liability pursuant to Section 8, clauses 1 and 2 shall apply. However, in the case of only minor defects, the customer is not entitled to withdraw from the contract.

(3) Business owners must notify Loyal Distributions GmbH of obvious defects in writing within one week of receipt of the goods; otherwise, the assertion of a warranty claim is excluded. Timely dispatch of the notification is sufficient to meet the deadline. The business owner bears the full burden of proof for all requirements for a claim, in particular for the defect itself, the time of discovery of the defect, and the timeliness of the notification. However, the business owner does not bear the burden of proof for circumstances that are exclusively within the responsibility of Loyal Distributions GmbH.

(4) The warranty period for consumers is two years from delivery of the goods. The warranty period for businesses is one year from delivery of the goods. For used items, the warranty period is one year from delivery of the goods. The one-year warranty period does not apply if Loyal Distributions GmbH is guilty of gross negligence or in the case of physical injury or damage to the health of the customer that can be attributed to Loyal Distributions GmbH.

§ 8 Limitation of Liability

(1) Loyal Distributions GmbH shall only be liable for damages other than those resulting from injury to life, limb, or health if these damages are based on intentional or grossly negligent conduct or on the culpable breach of a material contractual obligation by Loyal Distributions GmbH or its vicarious agents. Loyal Distributions GmbH shall not be liable to entrepreneurs for slightly negligent breaches of non-material contractual obligations. Claims arising from a guarantee given by Loyal Distributions GmbH regarding the quality of the purchased item and the Product Liability Act remain unaffected.

(2) Given the current state of technology, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. Loyal Distributions GmbH is therefore not liable for the constant availability of its online shop.

§ 9 Complaints Procedure

(1) The European Commission provides a platform for online dispute resolution (ODR) at the address: http://ec.europa.eu/consumers/odr/.

§ 10 Applicable Law, Place of Jurisdiction

(1) The law of the Federal Republic of Germany shall apply. For consumers who do not enter into the contract for professional or commercial purposes, this choice of law shall apply only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has their habitual residence.

(2) If the customer is an entrepreneur, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of Loyal Distributions GmbH.