Terms and conditions of SpeCatch Daniel Amand and Marc Amand GbR

§1 Validity towards customers and definition of terms

(1) The following general terms and conditions apply to all deliveries between us and a customer
in the version valid at the time of the order.

§2 Formation of a contract, storage of the contract text

(1) The following regulations on the conclusion of a contract apply to orders via our internet shop https://specatch.com.

(2) In the event of a contract being concluded, the contract with

Daniel Amand and Marc Amand SpeCatch GbR
Marc Amand and Daniel Amand
Anderterstr. 125
D-30559 Hannover

is concluded.

(3) The presentation of the goods in our internet shop does not constitute a legally binding contract offer on our part,
but is only a non-binding invitation to the consumer to order goods. By ordering the desired goods, the consumer submits a binding offer
to conclude a purchase contract.
(4) The following rules apply when an order is received in our online shop:
The consumer makes a binding contract offer by successfully completing the ordering procedure provided in our online shop.

The order takes place in the following steps:

1) Selection of the desired goods

2) Confirm by clicking the “Add to cart” button

3) Checking of information in the shopping cart

4) Pressing the “Continue to checkout”

5) Enter personal data and shipping information. Possibly. Registration in the internet shop after registration and entry of the registration details (e-mail address and password).

6) Binding dispatch of the order by clicking the button “Buy now”

Before the binding submission of the order by pressing the “Back” button contained in the Internet browser he is using after checking his details,
he can return to the website on which the customer’s details are recorded and correct or correct input errors
Close the Internet browser to cancel the ordering process.
We confirm receipt of the order immediately by an automatically generated email (“order confirmation”). With this we accept your offer.

(5) Storage of the contract text for orders via our internet shop: We will send you the order data and our terms and conditions by
e-mail. You can also view the terms and conditions at any time at https://specatch.com/agb.

For security reasons, your order details are no longer accessible on the Internet.

§3 Pause / cancel subscriptions due to injury

(1) If the buyer bought our product with a subscription in installments and gets injured, he has the option to pause all payments and deliveries until he has recovered. To do this, it is sufficient to inform us by email (info@specatch.com) or by letter and to enclose the medical certificate that fulfills the following requirement:

  • The customer presents a medical certificate. It confirms that the customer can no longer play American football for at least one month.

If the customer is still unable to play American football after 12 months or from a medical point of view it is not foreseeable that the customer can play American football again after 12 months at the latest, he has two options:

a) He can continue to meet the originally agreed payments and continue to receive the remaining gloves as agreed.

b) The customer can cancel the subscription immediately. The date on which SpeCatch GbR received the cancellation request by email or letter applies. Subscription payments already made will not be reimbursed. Unless the customer has paid in advance, he will receive the excess amount back from the date on which SpeCatch GbR received the cancellation request by mail or letter, see §3 paragraph 2.

The customer undertakes to inform us immediately in the event of recovery and then to resume payment of the subscription immediately.

(2) If the buyer has subscribed to the purchase of one of our products, paid the full amount in advance, injured himself and, due to the injury, is unable to play American Football for at least 12 months, he has the option of refunding an amount from us to be obtained as follows. The originally paid amount for the subscription, divided by the originally agreed number of pairs of gloves, times the number of pairs of gloves that the customer has already received gives an amount X. The originally paid amount minus the calculated amount X gives the sum that the customer receives back.

The customer will get back the overpaid amount within 10 working days. To do this, it is sufficient to inform us by email or letter and attach the medical certificate that meets the following requirement:

  • The customer presents a medical certificate. It confirms that from a medical point of view it is not foreseeable that the customer can play American football again after 12 months.

§4 maximum term of subscriptions

(1) A subscription has a maximum term of 24 months. Starting with the purchase date. If by then the buyer has not requested all deliveries to which he is entitled, the remaining gloves in randomly selected designs will be sent to his last address.

§5 Cancellation of subscriptions

(1) If the customer has subscribed, he can try out the gloves and can still cancel the subscription as long as the second pair of gloves has not yet been dispatched. If the customer makes use of this special right of termination, he only pays the amount for one glove. With a 4- subscription that would cost € 139.88, for example, the customer would have to only pay 1/4 of the total amount, i.e. only € 34.97.

(2) The termination must be made by email to info@specatch.com or by letter to our business address. The day on which we receive the notice applies. We must receive the notice of cancellation before the second pair of gloves has been dispatched. The shipping dates are based on the delivery time (§7 Section 1), in combination with the latest requested dates sent to us by the customer.

§6 prices, shipping costs, payment, due date

(1) The prices shown include VAT and other price components. Additionally there can be shipping- and customs costs.

(2) The consumer has the option of paying
in advance, PayPal, Klarna, Credit Card (Visa, Mastercard, American Express).

(3) If the consumer has chosen payment in advance, he undertakes to pay the purchase price immediately after conclusion of the contract.

(4) The buyer can freely choose the dates on which the gloves are to be delivered

§7 delivery

(1) Unless we have clearly stated otherwise in the product description, all items we offer are ready for immediate dispatch.
The delivery depends on the country in which the delivery address is located. The selection of the glove (design and size) and the delivery date can be made under “My account” – “Choose your gloves” (button). The implementing company (DHL or DHL Express) is responsible for the duration of the delivery. The specified delivery time is only a guideline for which no liability is assumed. However, we make every effort to comply with the guide values ​​by combining the expected delivery time with our experience and thus determining the guide value as precisely as possible.

Country/Continent x- days

Germany – 5 working days
EU * – 8 working days
Switzerland – 8 working days
USA – 11 working days

*excluded countries with number of working days: Estonia 10, Denmark 12, Latvia 9, Bulgaria 9, Croatia 9, Romania 9, Cyprus 10.

In the case of payment in advance, the delivery period begins on the day
after the payment order has been sent to the bank responsible for the transfer and, for all other payment methods, on the day after the contract is concluded.
If the period ends on a Saturday, Sunday or public holiday at the place of delivery, the period ends on the next working day.

(2) For subscription orders, at least 5 days of the week must be between the specified game day dates. This means that there must be at least 5 days of the week between glove deliveries.

(3) The risk of accidental loss and accidental deterioration of the sold item
also passes to the buyer when the item is handed over to the buyer.

§8 retention of title

We reserve ownership of the goods until full payment of the purchase price.

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§9 Right of withdrawal of the customer as a consumer:


Right of Withdrawal for consumer

Consumers are entitled to a right of withdrawal in accordance with the following provisions, whereby a consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity §13 BGB:

Instruction of Withdrawal

Right of Withdrawal

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

The cancellation period is fourteen days from the day on which you or a third party named by you,
who is not the carrier, took possession of the goods. The timely dispatch of the revocation is sufficient to meet the deadline.

To exercise your right of withdrawal, you must contact

Daniel Amand and Marc Amand SpeCatch GbR
Marc Amand and Daniel Amand
Anderterstr. 125
D-30559 Hannover
E-Mail info@specatch.com

inform you of your decision to cancel this contract by means
of a clear statement (e.g. a letter sent by post or e-mail). You can use the attached sample cancellation form, but this is not mandatory.

Consequences of withdrawal

If you cancel this contract, we have made all payments we have received from you, including
delivery costs (with the exception of the additional costs that result from the fact that you chose a different
type of delivery than the cheapest standard delivery we offer have) to repay immediately and
at the latest within fourteen days from the day on which we received notification of your cancellation of this contract.
For this repayment, we use the same means of payment that you used in the original transaction,
unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.

We can refuse the 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 us immediately and in any event no later than fourteen days from the date on which you inform us of the
cancellation of this contract. The deadline is met
if you send the goods before the fourteen day period has expired.

You bear the direct costs of returning the goods.

Financed business

If you financed this contract with a loan and you revoke the financed contract,
you are no longer bound to the loan contract if both contracts form an economic unit. This
is particularly to be assumed if we are your lender at the same time or if your lender
makes use of our cooperation in order to finance it. If the loan has already flowed to us
when the cancellation or return takes effect, your lender will enter into our rights and obligations under the financed
contract in relation to you with regard to the legal consequences of the cancellation or
return.
If you want to avoid a contractual obligation as much as possible, revoke both
contractual declarations separately.

End of instruction of Withdrawal

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§10 withdrawal form

Model withdrawal form

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

To:
SpeCatch Daniel Amand and Marc Amand GbR
Marc Amand and Daniel Amand
Anderterstr. 125
D-30559 Hannover
E-Mail info@specatch.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 the consumer (s)

_____________________________________________________

Address of the consumer (s)

_____________________________________________________

Signature of the consumer (s) (only for notification on paper)

__________________

Date

__________________

(*) Delete where inapplicable.

§11 warranty

The statutory warranty regulations apply.

§12 contract language

As contract language german will be available exclusively.

Status of the terms and conditions august 2020

§13 final provisions

1) The customer can only offset claims from SpeCatch GbR with undisputed or legally established claims. 2) These general terms and conditions are subject to German law. The UN sales law and the conflict of laws are excluded.
3) The place of jurisdiction and performance is Hanover in Germany.
4) Changes and additions to these general terms and conditions must be made in writing. This also applies to changes to this provision.
5) Should individual provisions of these General Terms and Conditions be or become partially or completely invalid or not feasible, this shall not affect the validity of the remaining provisions. The same applies in the event that the general terms and conditions contain a loophole.
6) Only these general terms and conditions are decisive for the legal relationships between SpeCatch GbR and its customers in connection with the contractual objects regulated here. There are no side agreements.

§ 14 Limitations of Liability

SpeCatch GbR is liable for damages for any legal reason in accordance with the following provisions:
1) SpeCatch GbR’s liability for damage caused intentionally or through gross negligence by SpeCatch GbR or one of its vicarious agents or legal representatives is unlimited.
2) In the case of damage from injury to life, limb or health, the liability is unlimited in amount even in the case of a simple negligent breach of duty by SpeCatch GbR or a legal representative or vicarious agent of SpeCatch GbR.
3) There is no limit to the amount of liability for damage that can be traced back to serious organizational negligence on the part of SpeCatch GbR, as well as for damage caused by the lack of a quality guaranteed by SpeCatch GbR.
4) In the event of a breach of essential contractual obligations, SpeCatch GbR is liable, if none of the cases mentioned in clauses 1-3 are given, the amount limited to the contractually foreseeable damage.
5) Any further liability for damages is excluded; in particular, liability without fault is excluded.
6) Liability under the Product Liability Act remains unaffected.
7) If the damage is due to both the fault of SpeCatch GbR and the fault of the customer, the customer must offset his contributory negligence.

General terms and conditions partly created by agb.de.