§ 1 Internet Shop
Eightball Distribution Warenhandels GmbH operates the EIGHTBALL shop on the Internet. You do not need to become a member in order to stay on the EIGHTBALL website, in particular to see the upcoming sales campaigns (“Users”). Membership requires the user to register (§ 3). You will receive personal information about upcoming sales campaigns via EIGHTBALL by email, provided you have consented to the sending of these emails. The prices stated on the website are final prices including VAT. Shipping costs and processing fees are shown separately and understandable for you.
§ 2 Validity of the General Terms and Conditions
2.1 By agreeing to the registration, you agree to the validity of these General Terms and Conditions (hereinafter "General Terms and Conditions"). These terms and conditions determine the conditions under which you can use the services of EIGHTBALL. 2.2 You can access, save and print out these terms and conditions at any time using the "Terms and Conditions" link on the EIGHTBALL website. 2.3 General terms and conditions of users, members and partners do not apply in direct business dealings with EIGHTBALL even if EIGHTBALL does not expressly contradict them and / or provides services without contradiction. This also applies if the user, the member or the partner has stipulated a special form for the contradiction. Different terms and conditions will only apply if this has been expressly confirmed in writing by EIGHTBALL in advance. 2.4 The contract language is German.
§ 3 Registration, termination and limitation of membership
3.1 Registration with EIGHTBALL is free of charge. With the registration you become a member. By registering and becoming a member, there are no costs and no purchase obligation for you. There is no legal right to conclude a contract by registering and acquiring membership. 3.2 The data requested during registration and in the further course of membership must be provided completely and correctly, in particular a functional e-mail address is a prerequisite for membership. If the data stored at EIGHTBALL change, the member is obliged to update it immediately in his account. 3.3 You can only register once as a member of EIGHTBALL. The simultaneous registration of several member accounts is not permitted. A circumvention of this regulation is not permitted and can lead to the termination of membership by EIGHTBALL. 3.4 Members are obliged to keep their password secret and to carefully secure access to their member account. Members are obliged to inform EIGHTBALL immediately if there are indications that a member's account has been or could be misused by a third party. 3.5 Members can terminate their membership in EIGHTBALL at any time with immediate effect free of charge. A notification by email to customer service is sufficient for the notice of termination. 3.6 EIGHTBALL can properly terminate membership at any time with a period of 14 days. 3.7 EIGHTBALL can block, limit or terminate a membership without observing this deadline if there are concrete indications that the member violates legal regulations, third party rights, these terms and conditions or the shop regulations. When choosing the measure, EIGHTBALL takes into account the legitimate interests of the member concerned, in particular whether there are indications that the member was not responsible for the violation.
§ 4 Conclusion of contract and retention of title
The presentation of the products and the presentation of goods on the EIGHTBALL website as part of the sales campaigns does not constitute a legally binding offer, but merely an invitation to private customers to order. There is no legal claim to the availability and availability of the products shown. The sales campaigns are aimed only at consumers within the meaning of § 13 BGB, i.e. any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity. Only normal household quantities may be ordered. EIGHTBALL reserves the right to make orders from the sales campaign dependent on the fulfillment of certain individual requirements in due course. To order a product presented by EIGHTBALL, you have to do the following steps: You put the article in the shopping cart. In the next step, you enter all the necessary information about the billing address and delivery address. During this step, we ask you to actively agree to the general terms and conditions, the data protection regulations and the cancellation policy. Then you enter the details of your preferred payment method. Finally, you can check your order again and complete it with the "Buy Now" button. By submitting your online order, you submit an offer to EIGHTBALL to conclude a legally binding contract. By clicking the button "Place order" you place a binding order for the goods contained in the shopping cart and confirm that you are authorized to place the order, i.e. for minors with the consent of their legal representatives. Immediately after receiving your order, you will receive an automated email in which the receipt of your offer is confirmed and the contract is concluded. All goods remain the property of EIGHTBALL until full payment of the purchase price and all claims associated with the purchase. Before the transfer of ownership you are not entitled to dispose of the goods. If third parties assert rights to the goods, you must inform EIGHTBALL immediately. If EIGHTBALL determines before the contract is concluded that the ordered product is not available, we will inform you immediately and refund any payments already received. After conclusion of the contract, EIGHTBALL determines that the product ordered due to the late or incorrect delivery (including the delivery of small quantities) by our upstream suppliers, which EIGHTBALL is not responsible for, is contrary to expectations and despite a delivery contract concluded by us with the supplier Ordered goods are not available, we reserve the right to withdraw from the contract. In such a case, EIGHTBALL will inform you immediately about the unavailability of the ordered product and refund any payments you have received immediately. EIGHTBALL is entitled to reject offers from you without giving reasons. EIGHTBALL reserves the right to refuse an offer, in particular, if the shipping address is outside of Germany or Austria, there are indications that the customer is not a consumer, an order exceeds the normal household quantity or a payment after requesting a deadline not happened.
§ 5 Use of Eightball
5.1 EIGHTBALL only offers the services within the framework of the recognized rules of technology. EIGHTBALL can restrict the services if this is necessary in view of capacity limits, the security or integrity of the server or for the implementation of technical measures and this serves the proper or improved provision of the services (maintenance work). For technical reasons in particular, it may not be possible at times or only to a limited extent to call up the services (unforeseen system failures). 5.2 It is forbidden to use the services in a way that violates legal regulations, third party rights or common decency. It is also prohibited to use the services in a manner that is abusive or likely to impair EIGHTBALL's good reputation. In particular, it is prohibited to use the services for the following purposes. No anti-competitive actions may be undertaken and / or promoted, including progressive customer acquisition (such as chain, pyramid, or pyramid schemes). It is forbidden to use pornographic or content that violates youth protection laws or to advertise, offer or distribute pornographic or products that violate youth protection laws. Our services and / or services may not be used for purposes other than the intended use by using "robot", "spider" or "offline reader" or other malware. It is prohibited to upload content to our services that is protected by copyright, unless the user has the rights to it or the necessary consent. Furthermore, EIGHTBALL should not be used in a way that adversely affects the availability of our services for other users. The dissemination of objectionable, racist or otherwise illegal content or information, including offensive or defamatory content, via our services is prohibited, regardless of whether this content affects other users, employees of the operator or other persons or companies. Furthermore, no photos with defamatory, offensive, racist or other illegal or immoral content are to be used. It is prohibited to send chain letters, to intercept or attempt to intercept messages, to advertise shopping clubs, to send messages that serve a commercial purpose, or to use our services to threaten other people, unreasonably harass them ( in particular through spam) or violate the rights (including personal rights) of third parties. Furthermore, no temporary e-mail addresses from so-called 10-minute mail services may be used and names, addresses, telephone or fax numbers, e-mail addresses, user names or other contact details from messenger services may be published. 5.3 EIGHTBALL has checked and posted its own content on the EIGHTBALL website to the best of its knowledge and belief. In principle, EIGHTBALL does not control the content that third parties publish on the EIGHTBALL website. Control of external websites that can be reached on the basis of a link on the EIGHTBALL website is also not carried out by EIGHTBALL , so that no responsibility is assumed for the form, correctness, appropriateness and quality of the corresponding content. EIGHTBALL will remove or suppress the content posted by third parties or refrain from linking if EIGHTBALL finds indications that the posted content or the external websites violate applicable law or these General Terms and Conditions. 5.4 For Germany: In the course of checking your creditworthiness, we obtain information on your previous payment behavior and creditworthiness information based on mathematical-statistical procedures using address data from BFS finance GmbH, Gütersloher Str. 123, 33415 Verl from the company infoscore Consumer Data GmbH, Rheinstrasse 99, 76532 Baden-Baden. For Austria: As part of checking your creditworthiness, we obtain information on your previous payment behavior and creditworthiness information based on mathematical-statistical methods using address data from BFS finance GmbH, Gütersloher Str. 123, 33415 Verl from CRIF GmbH, Diefenbachgasse 35 , A-1150 Vienna.
§ 6 Conditions for competitions, raffles or promotions
The following conditions apply to the competitions, raffles or other promotions organized by EIGHTBALL (hereinafter "Promotion"). Winners or beneficiaries will be determined from all persons who took part in the doctorate and who fulfilled the requirements set by EIGHTBALL. Winners or beneficiaries will be informed by EIGHTBALL via email at the email address provided when registering. If the email contains the information that the winner or beneficiary has to report to EIGHTBALL within a certain period of time in order to accept the prize, the prize will expire if the winner has not registered accordingly. The prizes or benefits offered for the promotions cannot be exchanged, and cash payment is not possible. Participants in a promotion agree that they should be named if they win on the EIGHTBALL website and in other EIGHTBALL services, as well as in press releases. EIGHTBALL can exclude participants from a promotion if they manipulate the competition or promotion mechanisms by unfair means or in violation of these terms and conditions. At its own discretion, EIGHTBALL can punish such manipulations with the exclusion. EIGHTBALL reserves the right to cancel promotions or to extend them beyond the original period.
§ 7 Invite friends, product and sales campaign recommendations
7.1 Members can invite other friends to EIGHTBALL on the EIGHTBALL website. Members also have the option of recommending sales promotions or individual products to third parties by email. 7.2 Members undertake to send newsletters, sales campaigns and product recommendations only to email addresses of existing, living, natural persons who have previously expressed interest in the member and have given their express consent to send the corresponding email. In the event of a dispute, a corresponding written declaration must be made.
§ 8 Promotional vouchers / credits
The following conditions apply to EIGHTBALL promotional vouchers (and analogously to this, EIGHTBALL credits). EIGHTBALL vouchers for goods can be redeemed for all products posted on the EIGHTBALL website, unless the redemption of EIGHTBALL vouchers is excluded on the campaign overview or product overview page or it is a campaign that orders via the Website of a third party; this is expressly marked in each case. The purchase price of the ordered products must at least correspond to the value of the voucher, unless otherwise stated when the voucher was issued. EIGHTBALL vouchers for shipping costs can be redeemed for the flat-rate shipping costs incurred for orders placed on the EIGHTBALL website, unless the redemption of EIGHTBALL vouchers is excluded on the campaign overview or product overview page, or it is a promotion where the order is placed through a third party website. EIGHTBALL vouchers are based on codes that are made available to you personally; Codes usually expire after a single use. Validity, minimum order value or other conditions are determined by EIGHTBALL and announced in the corresponding promotion; in this case the minimum order value refers to the purchase price including VAT and shipping costs are not taken into account. Only one EIGHTBALL voucher can be redeemed per order; multiple EIGHTBALL vouchers cannot be combined. If you cancel the purchase of an item for which you have used a EIGHTBALL voucher, the voucher amount will not be refunded and the voucher cannot be reused; This does not apply if you purchased the EIGHTBALL voucher directly from EIGHTBALL against payment of an amount of money. You cannot purchase a EIGHTBALL voucher with a EIGHTBALL voucher that you did not purchase directly from EIGHTBALL against payment of a cash sum. There is no cash payment or interest on the EIGHTBALL voucher. EIGHTBALL vouchers are issued to a member personally and cannot be transferred to third parties; If EIGHTBALL learns of the transfer of a voucher, EIGHTBALL reserves the right to invalidate the corresponding voucher. If EIGHTBALL points out that the voucher is only valid for new customers, it is necessary for a person to register for the first time with EIGHTBALL as a member. With the exception of the loss of the voucher for which EIGHTBALL is responsible, EIGHTBALL assumes no liability for the loss or theft of the voucher; Replacement vouchers will only be issued if EIGHTBALL is liable for the loss of the voucher. Further conditions or restrictions for redeeming promotional vouchers can be specified in the shop regulations or when the voucher is issued.
§ 9 Warranty and liability for damages
9.1 The warranty is generally based on the legal provisions of the Federal Republic of Germany. In the event of a defect in the goods, you have the legal options for rectification (e.g. delivery of a defect-free product), withdrawal and a reduction. 9.2 EIGHTBALL's liability for damages against consumers is limited. Irrespective of the type of damage, liability for damages is excluded, unless otherwise specified below. EIGHTBALL is only liable according to the statutory provisions if you assert claims for damages based on intent or gross negligence, including intent or gross negligence on the part of our representatives or vicarious agents. EIGHTBALL is only liable according to the statutory provisions if EIGHTBALL culpably violates an essential contractual obligation. An essential contractual obligation in this sense is one whose fulfillment enables the proper execution of the contract in the first place and whose compliance you can regularly rely on. EIGHTBALL is also liable solely in accordance with the statutory provisions in the event of culpable injury to life, limb or health; this also applies to mandatory liability under the Product Liability Act. 9.3 Compared to companies which, contrary to § 4, take part in sales campaigns directly or indirectly, the same limitations on damages apply as for consumers, with the further restriction that the liability for damages is limited to the foreseeable, contractually typical damage, unless there is liability due to willful action or due to injury to life, limb or health. 9.4 The aforementioned exclusions of liability and restrictions vis-à-vis entrepreneurs or consumers do not apply if EIGHTBALL accepts express guarantees.
§ 10 Exemption
The user releases EIGHTBALL from all claims of third parties who assert them against EIGHTBALL due to violation of their rights or violations of these terms and conditions, the shop regulations or laws when using EIGHTBALL. The user assumes the costs of the necessary legal defense, including all court and lawyer costs in the amount incurred. This does not apply if the violation of the rights of third parties or the violations of these terms and conditions, the shop regulations or the laws is not the responsibility of the user. The user is obliged to provide EIGHTBALL immediately, truthfully and completely in the event of a claim by third parties, all information that could be necessary for the examination of the claims and a defense. Delays in the provision of information are charged to the user.
§ 11 Copyright and rights of use
The content of EIGHTBALL is protected by database, copyright and trademark law. Without the prior consent of the corresponding rights holder, this content may not be copied or distributed, nor used or reproduced in any other way. This applies in particular to copying with the help of robots, crawlers or other automatic mechanisms. Any improper use or utilization or modification of the services is prohibited. In particular, copying or reading out content, offers, directories, databases, etc. for commercial purposes is prohibited and will be prosecuted under civil and criminal law within the framework of the existing legal options.
§ 12 Final Provisions12.1 Should individual provisions of these General Terms and Conditions be ineffective in whole or in part or contain a gap, the effectiveness of the remaining provisions or parts of such provisions remains unaffected. In such a case, the parties undertake to enter into negotiations with the aim of replacing the ineffective or incomplete provisions with provisions that come as close as possible to the originally intended provisions while respecting the interests of both parties. 12.2 The law of the Federal Republic of Germany applies exclusively, with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods and references to foreign law. If you are a consumer, the mandatory provisions of the country in which you have your habitual residence remain unaffected. 12.3 If you are a merchant, a legal entity under public law or a special fund under public law or you do not have a general place of jurisdiction in Germany or in another EU member state, the place of jurisdiction for all disputes arising from this contractual relationship is Berlin. 12.4 Subsidiary agreements have not been made with the exception of the shop provisions and must be in writing to be effective.