General terms and conditions with customer information
1. Scope
2. Contracting parties
3. Offers and conclusion of contracts
4. Right of cancellation for consumers
5. Shipping time
6. Reservation of proprietary rights
7. Prices and shipping costs
8. Payment
9. Statutory warranty rights
10. Language of the contract
11. Storing of contract text
12. Reservation of availability of supplies and raw materials
13. Notification of defects
14. Agreement conferring jurisdiction
15. Final provisions, severability clause
16. Returning batteries
17. Disposal of electrical and electronic devices
The following General Terms and Conditions also contain the information required by law concerning your rights in accordance with regulations on distance selling contracts and electronic business transactions.
Note: With respect to all links provided on this website, we explicitly declare that we have no influence on the design and content of external websites that can be accessed through links on this website; in addition, such links do not imply endorsement of the linked websites or their content. This declaration applies to all pages on this website and all links contained therein.
1. Scope
(1) The following General Terms and Conditions (GTC) apply to all deliveries undertaken by RPG.com GmbH (hereinafter referred to as Foot Locker Europe) as the result of sales made to traders and consumers via this Internet store.
(2) A trader, as defined by Section 14 of the German Civil Code (BGB), is a natural or legal person or a partnership with legal capacity that exercises its commercial or independent professional activities when concluding a legal transaction.
(3) A consumer, as defined by Section 13 of the German Civil Code (BGB), is any natural person who concludes a legal transaction for a purpose which cannot be attributed to their commercial or independent professional activities.
2. Contracting parties
You are concluding contracts with:
RPG.com GmbH
Geschäftsführer: Jacobus Albertus Maria van der Staak, Sebastian Schaaps
Tiroler Straße 13a
45659 Recklinghausen
Customer Service
VAT ID no.: DE814996083
Tax ID no:340/5746/4164
Commercial register: Amtsgericht Recklinghausen, HRB 6376
3. Offers and conclusion of contracts
(1) When can I order product (s) via the website?
Even though anyone can visit our website, product (s) can only be purchased by end users and/or consumers aged 16 or over, or when you have permission from your parent or legal guardian. When ordering on our webshop and accepting these Terms & Conditions, you declare that you are either 16 or have permission from your parent or legal guardian. Unfortunately, it is not yet possible to ship our online product (s) to every country or region. Please check our website for the countries and regions where we do ship our product (s) to.
(2) All offers contained in this website represent a non-binding invitation for the customer to order from our online shop. The buyer places a binding offer to conclude a sales contract by ordering the desired goods. The contract is concluded when the seller accepts the offer and sends an order confirmation within 48 hours. Otherwise the offer is rejected.
(3) If you have found the desired product, you can add it non-bindingly to the shopping cart by clicking the button [add to Shopping Cart] The content of the shopping cart will then be displayed. You can remove the selected item from the shopping cart at any time by clicking the [Delete] button. If you would like to purchase the products in your shopping cart, click on the [Checkout] button. Please log in or create a customer account. You can order as a guest. In this case, you need to enter your data with each new order again. Required fields are marked with a red *. After entering your data, you will be able to select the desired shipment and payment method. You will then receive an overview of your order and the final price, and how it is made up. Here you can identify and correct input errors by clicking the [Edit] button and re-entering.
Following this, complete the order process by clicking the [order with obligation to pay] button. This process can be cancelled at any time by closing the browser window.
4. Right of cancellation for consumers
Consumers have a right of cancellation. A consumer is any natural person who concludes a legal transaction for a purpose which cannot be attributed to their commercial or independent professional activities.
Right of cancellation
You have the right to cancel this contract within fourteen days without giving a reason. The cancellation period shall be fourteen days from the date on which you or a third party named by you – who is not the carrier – have or has received the last items on the order. To exercise your right of cancellation, please notify us (RPG.com GmbH, Tiroler Straße 13 A, 45659 Recklinghausen, Tel.: +49 (0) 2361 995 9030, Fax: +49 (0) 800 786 6465 (free of charge from German landlines. Highest rate on mobile phones: 0,35€/min. incl. VAT), e-mail: kundenservice@runnerspoint.com) with a clear explanation (e.g. a letter sent by post, fax, or e-mail) of your intention to cancel this contract. You can use the model cancellation form, but this is not mandatory.
To comply with the cancellation deadline, it is sufficient for you to send your communication notifying us of your cancellation before the cancellation period has expired
Consequences of cancellation
If you cancel this contract, we will reimburse all payments we have received from you, including the delivery costs (with the exception of any additional costs arising from your having chosen a different delivery method from the cheapest standard delivery we offer), immediately and at the latest within fourteen days of the date on which we receive notification of your cancellation of this contract. We use the same method of payment that you used in the original transaction to reimburse you, unless you expressly agreed otherwise; you will under no circumstances be charged fees related to this reimbursement. We may withhold reimbursement until we have received the returned goods, or until you have demonstrated that you have returned the goods, whichever occurs first. [1]You are required to send back or hand over the goods immediately and in any event not later than fourteen days from the date on which you notify us that you are cancelling the contract. The deadline is met if the notification is sent before the cancellation period of fourteen days has expired. We bear the costs of returning the goods. [1]You will be liable for any diminished value of the goods only if this diminishing of value results from your handling the goods in ways other than what is necessary to ascertain the condition, features and functioning of the goods.
Special notes - financed transactions
If you are financing this contract with a loan and later cancel it, you are also no longer bound by the loan contract if both contracts form an economic unit. This is to be assumed in particular if we are also your loan provider or if your loan provider relies on our co-operation in respect of the financing. If at the time when the cancellation becomes effective or the goods are returned we have already become the beneficiary of this loan, your loan provider will assume our rights and obligations in relation to you with regard to the legal consequences of the cancellation or return. The latter does not apply if this contract concerns the purchase of financial instruments (e.g. securities, currencies or derivatives). If you want to avoid a contractual commitment as far as possible, make use of your cancellation right and in addition cancel the loan agreement if you also have a right of cancellation for this.
- End of cancellation instructions -
5. Shipping time
We will ship your goods within one business day of your order or within 2 business days after payments have been received in the case of pre-paid orders. Sundays and public holidays must be taken into account. With the exception of unforeseeable problems experienced by the shipping company we commissioned, your delivery will arrive within 2-3 business days of placing your order or within 3-4 business days after payments have been received in the case of pre-paid orders. Should delivery times vary in individual cases, these will be shown on the corresponding product page. The shipping times apply for domestic shipments. International shipping, if offered, may take up to 3-4 business days longer.
6. Reservation of proprietary rights
a. with regard to consumers:
Goods purchased by you shall remain our property until full payment has been made.
b. with regard to traders:
Goods purchased by you shall remain our property until full payment has been made in respect of all claims arising from the business relationship.
7. Prices and shipping costs
(1) The prices stated on product pages include statutory VAT and miscellaneous price components and will be shown separately on the invoice.
(2) For shipping costs, please refer to the notes on shipping costs.
(3) Shipping is undertaken at our risk in accordance with the statutory provisions on the purchase of consumer goods. If the buyer is a trader, the risk of transportation shall pass to the customer as soon as the goods are handed over to the transport company.
(4) In case of payment by COD (cash on delivery), a COD fee of 4.00 euros and a service charge of 2.00 euros will be charged upon delivery by the courier in addition to shipping costs within Germany and to Austria.
(5) If the buyer is responsible for non-delivery of a consignment, the buyer shall bear all the resulting additional costs. Consignments are considered undeliverable when no person authorised to take delivery is present and the collection date passes or acceptance is refused by the recipient or the authorised receiving agent or the recipient cannot be established at the specified address. Non-acceptance includes being prevented from delivering using available delivery facilities (e.g. sealed up/prohibited from using letterbox/parcel box), refusal to pay COD/costs associated with COD (where COD has been offered and selected by the customer) and refusal to provide acknowledgement of receipt.
(6) If shipping outside the EU is offered, please note that additional duties, taxes and charges may apply that are payable by the customer to the relevant customs and tax authorities. Please ask the relevant customs and tax authorities for details before placing an order. You can obtain information e.g. at: europa.eu and specific information for Switzerland at admin.ch
8. Payment
(1) Payment methods
Payment shall be made either via PayPal, by immediate transfer, cash on delivery, on account, direct debit, hire purchase, credit card. The information required for making the payment will be shared after ordering.
(2) COD (cash on delivery)
The COD (cash on delivery) payment method is only available in Germany and Austria.
(3) Delivery by advance payment
The goods will be shipped after receipt of payment when purchasing with advance payment methods (PayPal and immediate transfer).
(4) Payment method "PayPal"
When choosing PayPal as the payment method, you will be automatically forwarded to the secure PayPal confirmation page after entering your personal data. The order process will be completed after entering your PayPal user data and your PayPal account will be debited.
(5) Immediate transfer
After the "Check and Confirm" page, you will be forwarded to the online banking account. The bank transfer must be confirmed there by entering a PIN and TAN.
(6) Payment by VISA or MasterCard
With VISA and MasterCard payment, upon receiving your order we carry out a standard pre-authorisation check to ensure there are sufficient funds on your credit card account to fulfil the transaction. If the check is successful, the payment amount will be reserved on your credit card account. Your account will be debited when your order is dispatched from our warehouse. In the case of cancellation of the order, the reservation will be automatically repealed after 5 days.
(7) Purchase on account (Klarna)
When using purchase on account with Klarna, a payment deadline of 14 days following the delivery of your order shall apply. The complete GTC (General Terms and Conditions) can be found here.
(8) Purchase by direct debit; direct debit mandate; handling fee for returned direct debits
(a) When purchasing by direct debit, the payment amount is immediately due for collection by our external partner Billpay GmbH from the current account of the bank specified in the ordering process. You hereby revocably authorise Billpay GmbH to collect direct debit payments to be made by you from your current account by direct debit. If the current account has insufficient funds to cover the direct debit, there is no obligation for the credit institute where the account is held to encash the payment. Partial payments are not made by direct debit. The direct debit does not apply to all offers and requires a successful creditworthiness check performed by Billpay GmbH, as well as a current account opened in Germany. If after the creditworthiness check the customer is allowed to use the direct debit form of payment for specific orders, the payment process will be initiated in cooperation with Billpay GmbH, to whom we assign our payment claim. In this case, the customer can make payments with debt-discharging effect only to the Billpay GmbH. With direct debit payments via Billpay, we are still responsible for general customer inquiries (e.g. for goods, delivery time, dispatch), returns, complaints, cancellation statements and cancellation submissions or crediting. The General Terms and Conditions of Billpay GmbH apply.
(c) By providing details of your current account, you are confirming that you are entitled to perform direct debits from the corresponding current account and that you will ensure the necessary coverage. Returned debits involve a great deal of work and expenses for us and for Billpay GmbH. In the case of a returned debit (due to insufficient funds in the current account, closure of the current account or unauthorised objection of the account holder), you authorise Billpay to submit the direct debit for the currently due amount outstanding once again. In such a case, you are obliged to pay a processing fee for the returned debit. Further claims are reserved. You will have the option to prove that the costs arising from the returned debit were lower or did not exist. Considering the efforts and costs for returned direct debits and in order to avoid the processing fee, we kindly ask you not to reject the direct debit in the event of cancellation or withdrawal from the purchase contract, or a return or a complaint. In such a case, after consultation with us, the payment reversal will be done by return remittance of the corresponding amount or by crediting.
9. Statutory warranty rights
(1) The statutory warranty period of 2 years shall apply for sales to consumers.
(2) For sales to traders: the warranty period shall amount to one year and commence on the date of delivery. The rights of the trader arising from Sections 478, 479 shall remain unaffected. Reduction of the warranty period to one year shall not apply if the liability to pay damages for bodily injury or damage to health is based on a defect that is the responsibility of the seller or gross negligence of the seller or its agents. This notwithstanding, the seller is liable under the German Product Liability Act (Produkthaftungsgesetz).
10. Language of the contract
The language of the contract is German.
11. Storing of contract text
The contract text is not stored by us. You can save it by using the print function of your browser to generate a printout. If you need to save the purchase contract text in a reproducible form, you are responsible for doing so (e.g. by taking a screenshot of the relevant offer or converting the contract text into PDF format).
12. Reservation of availability of supplies and raw materials
In the event that we experience problems beyond our control with delivery, despite having concluded a covering transaction, we reserve the right to withdraw from the purchase agreement with you. We will inform you immediately of this in writing and suggest shipment of a comparable product if this is possible. If a comparable product is not available or you do not want us to send you a comparable product, we will reimburse you immediately for the services rendered to this point.
13. Notification of defects
If the customer is a trader as defined in the German Commercial Code (HGB), he must inform us of any defects immediately and at the latest within one week of receipt of the goods. Defects that are not discovered within this period despite careful examination must be disclosed in writing immediately after the discovery thereof.
14. Agreement conferring jurisdiction
If the customer is a trader, a legal entity under public law or a special fund under public law, the district in which Foot Locker Europe.com GmbH Recklinghausen has its registered office shall be agreed as the place of jurisdiction.
15. Final provisions, severability clause
(1) The contracts concluded are subject to the substantive law of the Federal Republic of Germany, excluding the CISG (Contracts for the International Sale of Goods).
(2) If one of the above provisions is invalid in part or as a whole on account of statutory provisions, regulations or legislative amendments, all other provisions shall remain unaffected and shall continue to apply in full.
16. Returning batteries
Batteries are included in the scope of service for some of our items. Used batteries should not be placed in household waste. You are responsible for disposing of used batteries exclusively at trade outlets or collection points specifically set up for this purpose (statutory obligation to return goods). Trade outlets and manufacturers are obliged to take back these batteries free of charge and utilise them properly or dispose of them as special waste (statutory obligation to take back goods). You can also return these after use to a communal collection point or a local trade outlet free of charge. If you would like to return batteries to us, you can send them back to us postage free. To save unnecessary costs, we ask you to apply sufficient postage to the parcel. We will then reimburse you for the postal charges.
Batteries are marked with a symbol of a crossed-out bin. The respective chemical symbol (Hg [mercury], Cd [cadmium] or Pb [lead]) is shown under the symbol of the bin on batteries that contain more than 0.0005% by mass mercury, more than 0.002% by mass cadmium or more than 0.004% by mass lead.
17. Disposal of electrical and electronic devices
Manufacturers must take back old electrical appliances placed on the market after 13 August 2005 free of charge. Manufacturers must label their electrical and electronic appliances placed on the market after 23 November 2005 with a symbol (a crossed-out wheelie bin).
Such old appliances may not be disposed of as unsorted municipal waste, but must be collected separately and disposed of using local collection and return systems. In accordance with the German Electrical and Electronic Equipment Act (ElektroG) of 23 March 2005, we only sell electrical and electronic appliances from manufacturers registered with the responsible authorities who are able to provide proof of an insolvency-insured guarantee for financing the return and disposal of their electrical appliances.