General Terms & Conditions

§ 1 – Scope, definitions

(1) These General Terms and Conditions (the “T&Cs”) apply to all contracts concluded via www.clubmartin.de between , , , Germany (the “Seller”, “we”, “us”), and the customer.

(2) A “business” within the meaning of these T&Cs is any natural or legal person or partnership with legal capacity acting in the exercise of their commercial or independent professional activity when concluding a legal transaction (§ 14 BGB). This includes companies, organisations, associations, public bodies, agencies, freelancers and self-employed professionals.

(3) Only these T&Cs apply. Deviating, conflicting or supplementary terms and conditions of the customer only become part of the contract if we have expressly agreed to their applicability in text form. This requirement of consent applies even where we execute the customer’s order without reservation despite being aware of the customer’s terms.

(4) Individual agreements made with the customer in a particular case (including collateral agreements, supplements and amendments) always take precedence over these T&Cs (§ 305b BGB).

(5) The contract language is German. The shop is offered additionally in English, French and Italian. In the event of discrepancies, the German version prevails.

§ 2 – Conclusion of contract

(1) The presentation of products in the shop is not a legally binding offer but an invitation to place an order (invitatio ad offerendum).

(2) By clicking “Order with obligation to pay”, the customer submits a binding offer.

(3) We confirm receipt of the order without undue delay by email. Such confirmation of receipt does not yet constitute acceptance. The contract is concluded by (a) an express order confirmation, (b) dispatch of the goods, or (c) request for payment — whichever occurs first.

(4) We store the text of the contract; the customer receives the order data and these T&Cs by email and may retrieve them at any time at www.clubmartin.de/agb.

§ 3 – Prices and payment

(1) Prices displayed to business customers are net prices (excluding VAT). Statutory VAT is shown separately during the ordering process and on the invoice. Shipping costs are added and shown in the basket.

(2) For intra-Community supplies to businesses with a valid VAT ID, the goods are supplied VAT-free under the conditions of § 6a UStG.

(3) In addition to the payment methods offered to consumers, business customers may also pay on account (invoice) or by SEPA business direct debit. Invoices are due for payment within 14 days of the invoice date without deduction, unless individually agreed otherwise.

(4) We reserve the right to refuse individual payment methods depending on credit checks, order value or customer status. For new customers, the first delivery is generally against advance payment.

(5) In case of default of payment, we are entitled to default interest of 9 percentage points above the base rate (§ 288(2) BGB) and the statutory default lump-sum of EUR 40 under § 288(5) BGB. Further claims for damages remain reserved.

(6) The customer may only set off with counter-claims that have been recognised by us, are undisputed or have been finally established by court. Rights of retention may only be exercised where the counter-claim arises from the same contractual relationship.

§ 4 – Delivery and shipping

(1) Delivery is made to the delivery address provided by the customer through commissioned shipping service providers.

(2) Delivery-time indications are approximate. Personalised goods extend the delivery time by the separately indicated production time.

(3) Partial deliveries are permissible where reasonable for the customer.

(4) The Seller may withhold the goods as long as claims from the ongoing business relationship are due and unpaid.

(5) Passing of risk (B2B): The risk of accidental loss and accidental deterioration passes to the customer upon handover of the goods to the carrier, freight forwarder or other person appointed to carry out the shipment (§ 447 BGB). We are willing, at the customer’s request and expense, to arrange transport insurance.

(6) If the customer is in default of acceptance or culpably breaches other duties to cooperate, we are entitled to demand compensation for the damage arising, including any additional expenses. The risk of accidental loss and deterioration of the goods passes to the customer at the time they enter default of acceptance or of payment.

§ 5 – Extended retention of title

(1) The goods remain our property until all current and future claims arising from the ongoing business relationship have been settled in full (current-account retention of title).

(2) The business customer is entitled to resell the reserved goods in the ordinary course of business; however, they hereby assign to us in advance all claims in the amount of the invoice value that accrue to them from resale against a third party (advance assignment). We accept the assignment. The customer remains authorised to collect the claim as long as they meet their payment obligations.

(3) Processing or transformation of the reserved goods by the business customer is always carried out for us. If the goods are processed with other items not belonging to us, we acquire co-ownership of the new item in the ratio of the value of the reserved goods to the other items.

(4) We undertake to release the securities to which we are entitled at the customer’s request insofar as their value exceeds the secured claims by more than 10 %.

(5) The customer shall handle the reserved goods with care and shall notify us without undue delay in text form of any seizure or other intervention by third parties, so that we can bring an action pursuant to § 771 ZPO.

§ 6 – Inspection and notice (§ 377 HGB); warranty

(1) If the customer is a merchant within the meaning of the German Commercial Code, § 377 HGB applies to the duty of commercial inspection and notice. The customer shall inspect the goods carefully without undue delay after delivery. Obvious defects must be notified in text form within seven (7) working days of receipt; hidden defects within the same period from discovery. Otherwise the goods are deemed approved.

(2) Only the product description of the Seller is deemed to constitute the agreed quality of the goods. Public statements, promotions or advertising by third parties do not constitute a contractual specification of quality.

(3) The limitation period for the business customer’s warranty claims is twelve (12) months from the passing of risk (shortened under § 438(1) no. 3 BGB, BGH VIII ZR 293/16). This does not apply to claims arising from injury to life, body or health, from intent or gross negligence, from fraudulent concealment of a defect, or to recourse claims under § 445a BGB. In these cases, the statutory periods apply.

(4) In the event of a defect, supplementary performance shall be carried out at our choice by way of repair or replacement.

(5) Claims of the customer for reimbursement of expenses under § 439(2) and (3) BGB are excluded to the extent that the expenses increase because the delivered goods have subsequently been transported to a place other than the delivery address, unless such transport corresponds to the intended use of the goods.

(6) We do not grant any voluntary guarantee. Manufacturer’s guarantees remain unaffected.

§ 7 – Limitation of liability

(1) We are liable for damages and reimbursement of expenses under all contractual, quasi-contractual, statutory and tortious claims as follows:

(2) We are liable without limitation for intent and gross negligence, for negligent or intentional injury to life, body or health, on the basis of a guarantee, and under mandatory statutory liability (in particular under the German Product Liability Act).

(3) For negligent breach of a material contractual obligation (cardinal duty), our liability is limited to the foreseeable damage typical for this type of contract.

(4) Any further liability is excluded.

(5) The above provisions also apply to the liability of our vicarious agents and legal representatives.

§ 8 – No right of withdrawal for businesses

(1) The statutory right of withdrawal under §§ 312g, 355 BGB is reserved for consumers within the meaning of § 13 BGB. It does not apply to contracts between businesses. No contractual right of withdrawal or return is granted.

(2) As a matter of goodwill, we nevertheless offer business customers a voluntary return option under transparent conditions. See our page Cancellation & Returns (14-day period, exclusion of personalised goods, refund 75 % via original payment method + 25 % shop credit).

§ 9 – Personalised goods (print, embroidery)

(1) For orders of personalised goods, the following rules apply in addition.

(2) The customer provides the artwork in a suitable digital form and warrants ownership of all rights (copyright, trade-marks, personality rights). The customer indemnifies us against any third-party claims arising from the execution of the order.

(3) Production only begins after express approval of the layout proof in text form. Silence does not constitute approval (§ 308 no. 5 BGB).

(4) Standard tolerances (not defects): colour deviation Delta-E up to 5, position deviation up to 2 cm, motif size deviation up to 5 %, textile size/seam/grammage tolerances typically +/- 5 %.

(5) The customer may request a paid sample print before series production. Waiving the sample print shifts the risk of tolerance deviations to the customer.

(6) Personalised goods are excluded from return and exchange. Complaints regarding defects prior to personalisation are only valid if the defect can be shown to have existed before personalisation.

§ 10 – Returns and packaging

(1) Returns are not accepted without prior consultation. For goodwill returns to German delivery addresses, we provide a free return label; for international deliveries we contribute up to EUR 12.90 per return.

(2) We are registered in the German packaging register LUCID (VerpackG). Transport packaging and outer packaging that does not end up as waste at private end-consumers is taken back free of charge at the place of actual handover (§ 15 VerpackG). Please contact service@clubmartin.de to coordinate.

§ 11 – Place of performance, jurisdiction, applicable law

(1) Place of performance for all services from the business relationship is our registered office unless otherwise stipulated.

(2) If the customer is a merchant, a legal person under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with the contract is our registered office. We are, however, entitled to sue the customer at their general place of jurisdiction.

(3) German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

§ 12 – Dispute resolution

(1) We are neither obliged nor willing to participate in consumer arbitration proceedings (§ 36 VSBG). This notice primarily concerns B2C and has no practical relevance for B2B.

(2) The EU Commission’s ODR platform was shut down on 20 July 2025 by Regulation (EU) 2024/3228; no link is provided.

§ 13 – Data protection

We process personal data in accordance with GDPR, BDSG and TDDDG. Details are set out in our Privacy Policy.

§ 14 – Severability

Should individual provisions of these T&Cs be or become invalid, the validity of the remaining provisions is not affected; the statutory rules apply in place of the invalid provisions (§ 306 BGB).

§ 15 – Final provisions

(1) Amendments and supplements to the contract and to these T&Cs require text form (§ 126b BGB).

(2) We reserve the right to amend these T&Cs for future contracts. Existing contracts remain unaffected.

(3) The T&Cs are available in German, English, French and Italian. In the event of discrepancies, the German version prevails.

Summary for business customers

Version: 2026-07-01 · German law applies to the exclusion of the CISG.