Terms and Conditions

§ 1 Scope of application

The following General Terms and Conditions (GTC) conclusively govern the contractual relationship between the seller m23 sports & fashion, owner Mr. Marcel Jurado, Schönleinstr. 30, 10967 Berlin, Germany, and the respective buyer. A contractual relationship is defined as any contract concluded via the seller's online shop, on the basis of which the seller is obligated to deliver goods and provide services to the buyer. By placing an order, the buyer expressly confirms that they have read and accepted these GTC.

Buyers can be both consumers and entrepreneurs. A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor independent professional activity (Section 13 of the German Civil Code). An entrepreneur is a natural or legal person, or a partnership with legal capacity, who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity (Section 14 of the German Civil Code).

The buyer's own terms and conditions are hereby rejected unless otherwise agreed.

§ 2 Subject matter of the contract

The subject of the respective contract is the sale of goods by the Seller to the Buyer on the internet portal “www.m23.store”, mainly the sale of sports and yoga clothing.

Special requests and specifications of the buyer regarding the manufacture of the goods according to customer specifications are excluded.

§ 3 Conclusion of contract, contract language, contract text

The buyer can order goods from the seller's online shop by first registering and creating a customer account. After that, they can order goods from the seller's online shop by providing their personal data. They can first collect items in the virtual shopping cart and then complete the automated ordering process in the seller's online shop. Alternatively, they can also place an order as a guest without registering.

After the buyer completes the order, the seller sends an automated order confirmation to the buyer's email address, which details the buyer's order. The order confirmation does not constitute acceptance of the buyer's request to conclude a purchase contract; therefore, a purchase contract is not concluded with the order confirmation. Furthermore, the order confirmation does not constitute confirmation of the availability of the ordered goods.

A purchase contract is only concluded when the seller sends a shipping confirmation by email to the buyer.

English is available for contract conclusion. The contract text is saved by the seller and can be accessed and printed by the buyer via their customer account after completing the order process. If the buyer orders as a guest without registration, the contract text is not saved and can no longer be accessed after the order process is completed. However, the buyer can save or print the order data immediately before submitting it using the functions of their browser. After the order, they will receive an email detailing their order.

§ 4 Technical steps for the conclusion of the contract, detection and correction of input errors

- In detail, the buyer goes through the following technical steps, both when ordering as a guest without a customer account and as a customer who is logged in via his customer account:

- Selecting goods from the seller's product range

- Specify the size and number of selected products and collect them in the virtual shopping cart by clicking the “ADD TO CART” button

- Redirect to the article overview in the buyer's virtual shopping cart

- In the shopping cart, it is possible to order multiple items or to remove items already in the shopping cart:

- By pressing the "Quantity" button, the buyer can adjust the number of goods

- By clicking the "Remove" button, the selected item will be removed from the buyer's shopping cart

- In the shopping cart overview, the buyer has the option to redeem discount and voucher codes

- By clicking the “Proceed to checkout” button, the buyer is taken to the next page of the seller’s order form

- If no billing address is stored in the buyer's customer account, the buyer will next be prompted to enter a billing address. It is possible to also specify the selected billing address as the delivery address.

- If the billing address has not been selected as the delivery address and no delivery address is stored in the buyer's customer account, the buyer will then be asked to enter a billing address

- Next, the buyer must select the desired shipping method and confirm by clicking the "Continue" button

- The buyer must then select one of the specified payment methods (Paypal, direct bank transfer) and confirm it by clicking the "Continue" button

- Finally, the buyer is redirected to the order overview page. This page summarizes all the information necessary for the order.

- By clicking the "Proceed to paypal" (Paypal) or "Place order" (direct bank transfer) button, the buyer completes the order process

The buyer can correct his order details using the usual mouse and keyboard functions and the "Change" links provided on the order overview page. The buyer can also correct his order details by navigating to the individual order steps using the "back" button of his Internet browser or by clicking on the "back" buttons displayed in each window of the order process.

§ 5 Contract processing, shipping costs, delivery

All prices are gross Euro prices plus any packaging and shipping costs that may apply.

The buyer can find out the shipping costs that the buyer has to pay from the location of the seller's branch in the seller's shipping costs table, which can be accessed via a link in the online shop, as well as in the price list in the virtual shopping cart.

The seller undertakes to send the goods to the buyer by post immediately after the conclusion of the purchase contract and full payment of the purchase price.

Delivery is always at the risk and expense of the buyer, unless the buyer is a consumer. The seller is entitled, but not obligated, to insure the goods at the buyer's expense upon request.

Delivery within Germany takes up to 5 days. If the seller does not have the item in stock at the time the buyer places the order, delivery will take place approximately 7-10 business days after receipt of the order.

The seller will indicate any different delivery times (e.g. for deliveries abroad) in the shipping costs table in the online shop.

If an ordered item is not available because the seller is not supplied by its supplier despite the supplier's contractual obligation through no fault of its own, the seller is entitled to withdraw from the contract. In this case, the seller will immediately inform the buyer that the ordered item is no longer available and will promptly refund any consideration already paid.

§ 6 Right of withdrawal, legal consequences of exercising the right of withdrawal

6.1 Right of withdrawal

If the buyer is a consumer, he or she has the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period shall be fourteen days from the day on which the buyer or a third party other than the carrier designated by the buyer takes possession of the last item. If the goods are delivered in several partial shipments, the withdrawal period shall commence on the day on which you or a third party other than the carrier designated by you takes possession of the last item.

To exercise the right of withdrawal, the buyer must inform the seller (m23 sports & fashion, owner Marcel Jurado, Schönleinstr. 30, 10967 Berlin, Germany. Tel.: +49-176-32567567, Email: info@m23.store) of their decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post or an email). A sample withdrawal form is enclosed with each invoice sent, but this is not required for exercising the right of withdrawal.

To comply with the cancellation period, it is sufficient for the buyer to send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.

6.2 Consequences of revocation

If the buyer withdraws from this contract, the seller shall reimburse all payments received from him, including delivery costs (with the exception of additional costs resulting from the buyer choosing a delivery method other than the cheapest standard delivery offered by the seller), promptly and at the latest within fourteen days from the day on which the seller received notification of the buyer's withdrawal from this contract. For this reimbursement, the seller will use the same means of payment that the buyer used for the original transaction, unless something else was expressly agreed with the buyer; under no circumstances will the buyer be charged any fees for this reimbursement. The seller may refuse to reimburse until he has received the goods back or until the buyer has provided proof that he has returned the goods, whichever is earlier.

The buyer must return or hand over the goods to the seller promptly and in any event no later than fourteen days from the date on which he notifies the seller of the cancellation of this contract. This deadline is met if the buyer sends the goods before the expiry of the fourteen-day period. The buyer shall bear the direct costs of returning the goods.

The buyer is only liable for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.

§ 7 Liability

The seller is liable without limitation for damages caused intentionally or through gross negligence, for fraudulent concealment of defects, for assumption of a guarantee of quality, for claims based on the Product Liability Act and for injury to life, body or health.

The seller is not liable for other damages if they were caused by the seller, a legal representative, or vicarious agent through simple negligence. For the breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on whose compliance the buyer may regularly rely (cardinal obligations), the seller's liability is limited to compensation for the typical, foreseeable damages, provided that these were caused by simple negligence.

The statutory provisions that subject the seller to liability without fault due to certain acts or omissions are not affected by the above exclusions and limitations of liability.

§ 8 Warranty

The seller is generally liable for defects in the goods in accordance with the statutory provisions of the law on sales (§§ 434 ff. BGB).

The warranty period for rights under Section 437 of the German Civil Code (BGB) is one year from delivery of the ordered goods to the buyer if the buyer is not a consumer or if the goods are used items. The shortened warranty period does not apply to claims by the buyer for which the seller is liable without limitation under Section 7. In all other cases, the statutory warranty period applies from delivery of the ordered goods to the buyer.

If the buyer is not a consumer, the seller has the right to choose between remedying the defect or delivering a defect-free item in accordance with Section 439 (1) of the German Civil Code (BGB).

The buyer will inspect the ordered goods immediately upon delivery, provided this is a mutual commercial transaction within the meaning of the German Commercial Code. This applies in particular to the completeness of the goods and their respective functionality. Any defects discovered during this inspection or readily detectable must be reported to the seller immediately. A detailed description of the defects must be enclosed. If the buyer fails to report the defect, the goods shall be deemed accepted, unless the defect was not detectable during the inspection.

Defects in the goods that cannot be detected during the proper inspection pursuant to the preceding paragraph must be reported to the seller immediately after their discovery, provided that the transaction is between two parties; otherwise, the goods shall be deemed to have been accepted even with regard to this defect.

§ 9 Terms of payment, default and retention of title

The purchase price is due immediately after the purchase contract is concluded. Payment is made by direct bank transfer or PayPal, at the buyer's discretion.

The delivered goods remain the property of the seller until full payment has been made.

In commercial transactions, ownership of the purchased goods only passes from the seller to the buyer when the buyer has settled all claims arising from the business relationship with the seller (extended retention of title).

If the seller's retention of title to goods acquired in the course of commercial transactions expires due to the buyer's resale, combination or processing of the purchased goods, the new item or the claim arising from one of the designated actions shall replace the purchased goods (extended retention of title).

§ 10 Data Protection

The buyer is advised that his personal data necessary for order processing will be stored and processed by the seller on data media. Transmission to payment service providers and shipping providers also takes place exclusively for the aforementioned purpose of order processing.

The buyer can find further details, including his data subject rights, in the seller’s privacy policy .

§ 11 Final provisions

These General Terms and Conditions and the respective purchase contract concluded shall be governed exclusively by German law, excluding the UN Convention on Contracts for the International Sale of Goods. In the event that the purchaser is a consumer, this 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 his or her habitual residence.

If the buyer is a registered merchant, a legal entity under public law or a special fund under public law, Berlin is agreed as the place of jurisdiction for all disputes arising from or in connection with this contract.

Should one or more clauses of these terms and conditions be invalid in whole or in part, this shall not affect the validity of the remaining provisions.