General Terms and Conditions

• 1 Scope

(1) These General Terms and Conditions of Sale (hereinafter: GTC) apply to all contracts concluded via our online shop between us, the company illstinct, represented by Marios-Savvas Papadopoulos, and you as our customer. The GTC apply regardless of whether you are a consumer, entrepreneur or merchant.

(2) All agreements made between you and us in connection with the purchase contract result in particular from these terms of sale, our written order confirmation and our declaration of acceptance.

(3) The version of the GTC valid at the time the contract is concluded shall apply.

(4) We do not accept deviating terms of the customer. This also applies if we do not expressly object to their inclusion.

(5) The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to their commercial or independent professional activity. An entrepreneur, on the other hand, is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or independent professional activity.

• 2 Conclusion of contract

(1) The presentation and advertising of items in our online shop does not constitute a binding offer to conclude a purchase contract.

(2) By submitting an order via the online shop by clicking the “Buy now” button, you place a legally binding order. You are bound by the order for two (2) weeks after placing it; any right you may have to cancel your order remains unaffected.

(3) We will confirm receipt of your order placed via our online shop by email without delay. Such an email does not yet constitute binding acceptance of the order unless it declares acceptance in addition to confirming receipt.

(4) A contract is only concluded when we accept your order by a declaration of acceptance or by delivering the ordered items. With the order confirmation or in a separate email, but no later than upon delivery of the goods, we will send you the contract text consisting of the order, GTC and order confirmation on a durable medium.

(5) We can only accept orders for deliveries abroad above a minimum order value. The minimum order value can be found in the price information provided in our online shop.

(6) If delivery of the goods you ordered is not possible, for example because they are out of stock, we will refrain from declaring acceptance. In this case no contract is concluded. We will inform you of this without delay and refund any payments already received without delay.

• 3 Delivery terms and reservation of prepayment

(1) We are entitled to make partial deliveries insofar as this is reasonable for you.

(2) The delivery time is stated in each product description unless otherwise agreed. Subject to paragraph 3, it begins when the contract is concluded.

(3) For orders from customers residing or based abroad, or where there are justified indications of a risk of non-payment, we reserve the right to deliver only after receipt of the purchase price plus shipping costs (prepayment reservation). If we make use of this reservation, we will inform you without delay. In this case the delivery period begins upon payment of the purchase price and shipping costs.

• 4 Prices and shipping costs

(1) All prices in our online shop are gross prices including statutory VAT, plus any applicable shipping costs.

(2) The shipping costs are stated with the prices in our online shop. The price including VAT and applicable shipping costs is also displayed in the order form before you submit the order.

(3) If we fulfil your order through partial deliveries, you only pay shipping costs for the first partial delivery. If partial deliveries are made at your request, we charge shipping costs for each partial delivery.

(4) If you effectively withdraw from your contract, you can demand reimbursement of shipping costs already paid for delivery to you (outbound shipping costs) under the statutory conditions.

• 5 Terms of payment, set-off and right of retention

(1) The purchase price and shipping costs must be paid no later than two (2) weeks after receipt of our invoice.

(2) You can only pay the purchase price and shipping costs using the payment methods we offer, at your choice.

(3) You are not entitled to set off against our claims unless your counterclaims have been legally established or are undisputed. You are also entitled to set off against our claims if you assert notices of defects or counterclaims from the

same purchase contract.

(4) As a buyer, you may only exercise a right of retention if your counterclaim arises from the same purchase contract.

• 6 Retention of title

The delivered goods remain our property until the purchase price has been paid in full.

• 7 Warranty

(1) We are liable for material defects or defects of title in delivered items in accordance with the applicable statutory provisions, in particular Sections 434 et seq. of the German Civil Code (BGB). The limitation period for statutory warranty claims is two years and begins with delivery of the goods.

(2) Any seller guarantees we give for certain items or manufacturer guarantees granted by the manufacturers of certain items apply in addition to claims for material defects or defects of title within the meaning of paragraph 1. Details of the scope of such guarantees can be found in the guarantee conditions that may accompany the items.

• 8 Liability

(1) In all cases of contractual and non-contractual liability, we are liable to you for damages or reimbursement of futile expenses in the event of intent and gross negligence in accordance with the statutory provisions.

(2) In other cases – unless otherwise regulated in paragraph 3 – we are only liable for breach of a contractual obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance you as a customer may regularly rely (so-called cardinal obligation), limited to compensation for foreseeable and typical damage. In all other cases our liability is excluded, subject to paragraph 3.

(3) Our liability for damages arising from injury to life, body or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability.

(4) The limitations of paragraphs 1 and 2 also apply in favour of our legal representatives and vicarious agents if claims are asserted directly against them.

• 9 Copyright

We hold the copyright to all images, films and texts published in our online shop. Use of the images, films and texts is not permitted without our express consent.

• 10 Dispute resolution, applicable law and place of jurisdiction

(1) We do not participate in dispute resolution proceedings before a consumer arbitration board within the meaning of the German Consumer Dispute Resolution Act.

(2) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of that country remains unaffected by the choice of law made in sentence 1.

(3) If you are a merchant and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction is the seller's registered office. Otherwise, the applicable statutory provisions apply to local and international jurisdiction.

• 11 Withdrawal

All rules and information on withdrawal can be found in our separate cancellation policy. Please note that special rules apply to certain products, such as hygiene articles.

5-year guarantee for boxing and MMA gloves

• 1. Scope

These terms govern the conditions of the 5-year guarantee for boxing gloves granted on purchases via our online shop (“seller”). By purchasing boxing gloves, you agree to the following conditions.

• 2. Scope of guarantee

The seller grants a 5-year guarantee on material and manufacturing defects of the purchased boxing gloves. The guarantee does not cover normal wear and tear, improper use or damage caused by third parties.

• 3. Making a guarantee claim

To make a guarantee claim, the seller must be notified in writing within 30 days of discovering the defect. The notification should include an exact description of the defect as well as the invoice number and the buyer's contact details.

• 4. Warranty claims

Under the guarantee, the buyer is entitled to free repair or replacement of the defective boxing gloves at the seller's discretion. A refund of the purchase price is excluded.

• 5. Exclusion of guarantee

The guarantee expires if the boxing gloves are used improperly, repairs have been carried out by unauthorised third parties or the defect is due to normal wear and tear.

• 6. Legal basis

This guarantee is governed by German law. Should individual provisions of this guarantee be or become invalid, the validity of the remaining provisions remains unaffected.