Terms and Conditions

1. Scope of Application

 

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") are applicable to all contracts entered into between SportsBay Limited (hereinafter referred to as the "Seller") and any individual consumer or business entity (hereinafter referred to as the "Client") in connection with the purchase of goods and/or services offered within the Seller's online shop. The incorporation of the Client's own terms and conditions is expressly rejected, unless otherwise explicitly agreed upon in writing.

 

1.2 In the case of contracts involving the purchase and delivery of vouchers, these GTC shall be applied , unless expressly specified otherwise.

 

1.3 For agreements pertaining to the acquisition and delivery of vouchers, these Terms and Conditions shall be equally applicable, unless expressly stated otherwise in writing.

 

1.4 A "consumer," as defined within these GTC, is any natural person entering into a legal transaction for purposes unrelated to their primary commercial or self-employed activities.

 

1.5 A "trader," as defined within these GTC, is any natural or legal person or a legally recognised partnership engaging in commercial or self-employed activities when entering into a legal transaction.

 

 

2. Conclusion of the Contract

 

2.1 The product descriptions featured in the Seller's online shop do not constitute binding offers on the part of the Seller but serve as descriptive information that enables the Client to submit a binding offer.

 

2.2 If the Client chooses to make a payment through a method provided by PayPal, the payment transaction will be handled by the payment service provider, PayPal (Europe) S.à r.l. et Cie, S.C.A., with a registered address at 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"). This is subject to the PayPal Terms of Use, which can be found at PayPal Terms of Use or, if the Client does not possess a PayPal account, subject to the Terms for payments without a PayPal account, accessible at Terms for payments without a PayPal account. The Seller confirms acceptance of the Client's offer at the moment when the Client clicks the button that finalises the order process, provided that the Client has selected a PayPal payment method during the online ordering process.

 

2.3 Following the conclusion of the contract, when an offer is submitted via the Seller's online order form, the contract text will be retained by the Seller and transmitted to the Client in written form (e.g., via email, fax, or postal mail) after the order has been placed. The Seller shall not provide further access to the contract text beyond this point. For Clients who have established a user account on the Seller's website prior to submitting an order, the order data will be stored on the Seller's website and can be accessed at no additional cost through the Client's password-protected user account, by using the corresponding login details.

 

2.4 Before finalising a binding order via the Seller's online order form, the Client has the opportunity to identify and rectify any input errors by carefully reviewing the information displayed on the screen. Utilising the browser's zoom function to enlarge the display on the screen can be a helpful method for detecting input errors more effectively. The Client can amend any data entered using the standard keyboard and mouse functions during the electronic ordering process, up until the moment the order is officially submitted.

 

2.5 The English language is the sole language available for contract conclusion.

 

2.6 Order processing and communication primarily occur through email and automated order processing. The Client is responsible for ensuring that the email address provided for order processing is accurate, allowing the Seller's emails to be received at this address. In particular, if SPAM filters are employed, the Client should take care to ensure that all emails sent by the Seller or third parties authorised by the Seller for order processing can be successfully delivered.

 

3. Sale on Trial

 

3.1 When selecting the "order on approval" (sale on trial) option, the contract is formed with the condition that the Client agrees to the ordered goods through explicit declaration to the Seller (e.g., via postal mail, fax, or email) within a period of fourteen days, or that the Client refrains from rejecting the already delivered goods through explicit declaration to the Seller (e.g., via postal mail, fax, or email) within a period of fourteen days. The approval period commences on the day following the date of receipt of the goods by the Client.

 

3.2 During the approval period, the Client has the right to inspect the delivered goods in terms of their quality, characteristics, and functionality while retaining possession of them. The Client must handle the goods with care and in a manner that allows for their potential return. If the Client uses the goods in a manner that is unnecessary for evaluating their quality, characteristics, and functionality and, as a result, diminishes their value, the Client may be held liable for any such depreciation.

 

3.3 If the Client expresses approval of the goods within the approval period, or if the Client does not reject the goods within the approval period, the Client is obligated to pay the agreed purchase price. In this scenario, the Client must promptly transfer the agreed purchase price to the Seller's account, no later than within seven days, unless otherwise agreed. The payment period initiates on the day following the Client's declaration of approval, or if explicit approval was not declared, on the day following the expiration of the approval period. Timely payment receipt is crucial for meeting the deadline.

 

3.4 Should the Client refuse the goods during the approval period, the Client is responsible for returning the goods to the Seller at the Client's own expense, unless an alternative arrangement has been agreed upon. Satisfying the deadline is deemed achieved through the prompt dispatch of the returned goods. The return period commences on the day following the Client's declaration of refusal. The Client must employ suitable packaging for transportation to prevent damage during transit.

 

3.5 In the event of the Client's culpable breach of the duty to exercise proper care and/or the obligation to return the goods, the Client is obliged to compensate the Seller for any resulting harm.

 

3.6 The Client's statutory right to cancel shall remain unaffected by the above-mentioned provisions.

 

4. Right to Cancel

 

4.1 Consumers have the right to cancel their purchase.

 

4.2 Detailed and comprehensive information regarding the right to cancel is available in the Seller's separate instruction on cancellation.

 

4.3 The right to cancel does not apply to consumers who are not citizens of a European Union member state at the time of entering into the contract and whose primary residence and delivery address are situated outside the European Union at the time of contract formation.

 

5. Prices and Payment Conditions

 

5.1 Unless explicitly stated otherwise in the product descriptions, the prices listed are inclusive of all applicable taxes, including statutory value-added tax. Any potential additional delivery and shipping costs are itemised separately in the respective product descriptions.

 

5.2 Payment can be made using one of the methods provided in the Seller's online shop.

 

5.3 For deliveries to countries outside the European Union, additional charges may be incurred on an individual basis. These charges, which are not within the Seller's control, are the responsibility of the Client. Such additional costs may encompass transfer fees imposed by banking institutions (transfer charges, exchange fees) or import duties and taxes (customs). These extra expenses related to currency transfer may also be applicable if the Client conducts the payment from a country outside the European Union, even if the delivery destination is within the European Union.

 

5.4 If the "purchase on account" payment method is selected, the purchase price becomes payable after the goods have been delivered and invoiced. In such cases, the purchase price must be settled within 14 (fourteen) days from the date of receiving the invoice, without any deductions, unless otherwise agreed. The Seller retains the right to offer the "purchase on account" payment method only up to a specified order volume, and may decline this method if the order volume surpasses the defined limit. Should such a situation arise, the Seller will notify the Client of this payment restriction in the payment information displayed within the online shop. The Seller also reserves the right to conduct a creditworthiness assessment when the "purchase on account" payment method is chosen and may decline this method in the event of an unfavourable credit check result.

 

5.5 If the payment method is "credit card," the invoice amount is immediately due upon contract conclusion. Payment by credit card is facilitated in collaboration with Stripe Technology Europe, with a registered address at The One Building, 1, Lower Grand Canal Street, Dublin 2, Ireland, which the Seller authorises to collect the debt on the Seller's behalf. Stripe Technology Europe will charge the Client's indicated credit card account immediately after the Client's order has been placed in the online shop. The Seller remains responsible for general customer inquiries, such as those concerning products, delivery times, shipping, returns, complaints, revocation declarations, shipments, and credit notes, even if the credit card payment method via Stripe Technology Europe has been selected.

 

5.6 If a payment method offered through the "PayPal" payment service is chosen, the payment will be processed via PayPal, which may involve the use of third-party payment service providers. If the Seller also provides payment methods via PayPal that entail advance payments by the Client (e.g., purchase on account or instalment payments), the Seller shall assign his payment claim to PayPal or to the payment service provider authorised by PayPal and specifically identified to the Client. Before accepting the Seller's assignment declaration, PayPal or the payment service provider commissioned by PayPal will perform a credit assessment using the Client's provided data. The Seller reserves the right to reject the selected payment method in the case of an adverse assessment outcome. If the chosen payment method is approved, the Client must pay the invoice amount within the agreed payment period or in the agreed payment instalments. In such cases, payment can only be made to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. Nevertheless, even in the event of claims assignment, the Seller remains responsible for general customer inquiries, including those related to products, delivery times, shipping, returns, complaints, cancellation declarations, and deliveries or credit notes.

 

6. Shipment and Delivery Conditions

 

6.1 In the event that the Seller offers shipment of goods, delivery will be made within the specified delivery area established by the Seller to the Client's designated delivery address, unless otherwise mutually agreed upon. During transaction processing, the delivery address specified in the Seller's order processing system will be considered as decisive. In contrast, if the payment method PayPal is chosen, the delivery address registered with PayPal at the time of payment will be considered decisive.

 

6.2 Should the designated transportation company return the goods to the Seller due to the inability to deliver to the Client, the Client is responsible for the costs associated with the unsuccessful dispatch. However, this does not apply if the Client effectively exercises the right to cancel, if delivery is not possible due to circumstances beyond the Client's control, or if the Client has been temporarily prevented from receiving the offered service, unless the Seller has provided the Client with reasonable prior notice about the service.

 

6.3 If the Client is a trader, the risk of accidental destruction and accidental deterioration of the goods sold will transfer to the Client upon the delivery of the goods to the freight forwarder, carrier, or other designated person or entity responsible for shipment. In the case of a consumer Client, the risk of accidental destruction and accidental deterioration of the goods sold generally transfers to the Client upon delivery of the goods to the Client or to an authorised recipient. However, contrary to this rule, even if the Client is a consumer, the risk of accidental destruction and accidental deterioration of the goods sold is transferred to the Client upon delivery of the goods to the freight forwarder, carrier, or other designated person or entity responsible for shipment if the Client has specifically instructed the freight forwarder, carrier, or other designated entity to handle the delivery of the goods, and if the choice of this person or entity was not offered by the Seller beforehand.

 

6.4 The Seller retains the right to withdraw from the contract in the case of incorrect or improper self-supply. This applies only if the Seller is not responsible for the lack of supply and has entered into a specific hedging transaction with the supplier. The Seller will make reasonable efforts to obtain the goods. In the event of unavailability or partial availability of the goods, the Seller will notify the Client and promptly provide a refund or alternative arrangements.

 

6.5 Personal collection is also available, if the client is situated in Malta

.

6.6 Vouchers will be provided to the Client in electronic form, typically via email.

 

7. Granting Rights of Use for Digital Content

 

The granting of rights to digital content will be effective only upon full payment of the contractually owed remuneration by the Client. The Seller may, at their discretion, provide provisional authorisation for the use of the contractual content before this date. It's important to note that such provisional authorisation does not constitute a transfer of rights.

 

8. Granting Rights of Use for License Keys

 

If the contract pertains to the one-time provision of digital content, the granting of rights shall only become effective upon the Client's full payment of the remuneration owed. The Seller reserves the right to provisionally permit the use of the contractual content even before this point in time. Please be aware that such provisional permission shall not be considered a transfer of rights.

 

9. Reservation of Proprietary Rights

 

9.1 If the Client is a consumer, the Seller retains ownership of the delivered goods until the full purchase price has been paid.

 

9.2 If the Client is a trader, the Seller reserves ownership of the delivered goods until all claims arising from the ongoing business relationship have been satisfied.

 

9.3 If the Client is a trader, they are permitted to resell the reserved goods as part of their regular business operations. All claims arising from such business transactions with third parties are hereby assigned in advance to the Seller in the amount of the respective invoice value (including VAT). This assignment of claims is valid irrespective of whether the reserved goods are processed before or after resale. The Client retains the right to collect these claims even after assignment. However, the Seller will abstain from collecting these claims as long as the Client fulfils their payment obligations, is not in default, and no insolvency proceedings have been initiated.

 

10. Warranty

 

Unless otherwise explicitly specified, the statutory provisions for liability in case of defects apply. However, for contracts concerning the delivery of goods, the following provisions shall prevail:

 

10.1 If the Client is a trader:

 

• The Seller has the option to select the type of subsequent performance.

• For new goods, the limitation period for defect claims is one year from the date of delivery.

• For used goods, rights and claims regarding defects are excluded.

• The limitation period does not restart if a replacement delivery is provided within the scope of liability for defects.

 

10.2 The aforementioned limitations of liability and the shortening of the limitation period do not apply to:

• Claims for damages and reimbursement of expenses by the Client.

• Cases where the Seller has deliberately concealed the defect.

• Goods used in accordance with their customary use for construction purposes, leading to their defect.

• Any existing obligations of the Seller to provide updates for digital products in contracts involving the supply of goods with digital components.

 

10.3 Furthermore, for traders, the statutory limitation periods for any statutory rights of recourse shall remain unaffected.

 

10.4 If the Client is a business entity, they have a commercial obligation to inspect the goods and promptly notify the Seller of any defects. If the Client neglects the specified disclosure obligations, the goods will be considered as approved.

 

10.5 In the event the Client is a consumer, they must immediately inform the shipping agent of any evident transportation damage and notify the Seller accordingly. Failure to do so will not affect the Client's statutory or contractual defect claims.

 

10.6 The Seller is not liable for defects in the performance of telecommunications contracts for which the respective service provider holds sole responsibility. In this context, the relevant statutory regulations and any differing contractual conditions of the respective service provider apply.

 

11. Liability

 

The Seller's liability to the Client for contractual and quasi-contractual claims, as well as claims of liability in tort related to damages and compensation for effort, is as follows:

 

11.1 The Seller shall have unlimited liability regardless of the legal basis in the following cases:

• In cases of intent or gross negligence.

• In cases of harm to life, body, or health resulting from intent or negligence.

• In cases where a guarantee is expressly provided unless stated otherwise.

• In cases of liability arising from mandatory statutory provisions, such as product liability laws.

 

11.2 If the Seller negligently breaches a significant contractual obligation, liability for damages shall be limited to foreseeable, typically occurring damages, unless unlimited liability applies according to Section 11.1. Significant contractual obligations are those obligations that the contract imposes on the Seller to achieve the purpose of the contract and are essential for the proper execution of the contract, and on which the Client can reasonably rely.

 

11.3 In all other cases, the Seller's liability is excluded.

 

11.4 The above provisions regarding liability also apply to the Seller's liability in relation to their legal representatives and agents.

 

 

12. Special Conditions for the Processing of Goods According to Client's Specifications

 

12.1 In cases where the Seller is contractually obligated to deliver goods and process them according to the Client's specific requirements, the Client must provide the operator with all necessary content for processing, including text, images, or graphics, in the file formats, formatting, image and file sizes specified by the operator. The Client must also grant the operator the required usage rights. The Client is solely responsible for obtaining the necessary rights for such content and declares that they have the legal right to use the content provided to the Seller. The Client must ensure that the use of such content does not infringe on third-party rights, including but not limited to copyrights, trademark rights, and personal rights.

 

12.2 The Client shall indemnify the Seller from any claims by third parties related to the Seller's use of the Client's content that may infringe on third-party rights. The Client is responsible for covering the reasonable costs associated with the necessary legal defence, including court and attorney fees at statutory rates, unless the Client is not responsible for the infringement. In case of claims by third parties, the Client is obliged to promptly, truthfully, and fully provide the Seller with all necessary information required to verify the claims and to defend against them.

 

12.3 The Seller reserves the right to refuse processing orders if the content provided by the Client for this purpose violates legal or regulatory prohibitions or moral standards. This particularly pertains to content that is anti-constitutional, racist, xenophobic, discriminatory, offensive, youth-endangering, or glorifies violence.

 

13. Redemption of Gift Vouchers

 

13.1 Gift vouchers, which can be purchased through the Seller’s online shop (referred to as "gift vouchers"), are redeemable exclusively in the Seller’s online shop.

 

13.2 Gift vouchers, as well as any remaining credit on gift vouchers, must be redeemed within three years from the year of purchase. Any remaining credit will be credited to the Client's voucher account.

 

13.3 Gift vouchers must be redeemed before finalising the order process. Subsequent offsetting is not permitted.

 

13.4 Only one gift voucher can be applied per order.

 

13.5 Gift vouchers can be used solely for the purchase of goods and cannot be used to purchase other gift vouchers.

 

13.6 If the value of the gift voucher is insufficient to cover the entire order, the Client may choose from the remaining payment methods offered by the Seller to settle the difference.

 

13.7 Gift voucher credit is not redeemable for cash and does not accrue interest.

 

13.8 Gift vouchers are transferable. The Seller may provide performance with debt-discharging effect to the respective holder who redeems the gift voucher in the Seller’s online shop. This does not apply, however, if the Seller has knowledge or is grossly negligent about the non-entitlement, legal incapacity, or the lack of the right of representation of the respective holder.

 

14. Redemption of Campaign Vouchers

 

14.1 Campaign vouchers, which are provided by the Seller at no cost for a specific period of validity as part of promotional activities and cannot be purchased by the Client (referred to as "campaign vouchers"), are redeemable exclusively in the Seller’s online shop and only within the indicated time period.

 

14.2 Campaign vouchers can be redeemed only by consumers.

 

14.3 Certain products may be excluded from the voucher campaign if such restrictions are specified in the campaign voucher's terms and conditions.

 

14.4 Campaign vouchers must be redeemed before finalising the order process. Subsequent offsetting is not allowed.

 

14.5 Only one campaign voucher can be applied per order.

 

14.6 The value of the goods in the order should be at least equal to the amount of the campaign voucher. The Seller will not refund any remaining balance.

 

14.7 If the value of the campaign voucher is insufficient to cover the order, the Client may choose from the remaining payment methods offered by the Seller to cover the difference.

 

14.8 Campaign voucher credit is not redeemable for cash and does not accrue interest.

 

14.9 The campaign voucher will not be redeemable if the Client returns goods, fully or partially paid for by a campaign voucher, within the context of their legal right to cancel.

 

14.10 Campaign vouchers are transferable. The Seller may provide performance with discharging effect to the respective holder who redeems the campaign voucher in the Seller’s online shop. This does not apply if the Seller has knowledge or is grossly negligent about the non-entitlement, legal incapacity, or the lack of the right of representation of the respective holder.

 

15. Applicable Law

 

15.1 All legal relationships between the parties shall be governed by the laws of the Republic of Malta, excluding the laws governing the international purchase of movable goods. For consumers, this choice of law applies only to the extent that the protection granted is not overridden by mandatory provisions of the law of the country in which the consumer has their habitual residence.

 

15.2 Furthermore, this choice of law regarding the right to cancel does not apply to consumers who are not citizens of a Member State of the European Union at the time of contract conclusion and whose exclusive domicile and delivery address are located outside the European Union at the time of contract conclusion.

 

16. Place of Jurisdiction

 

If the Client is a businessperson, a legal entity of public law, or a separate estate under public law with its seat in the territory of the Republic of Malta, the Seller’s place of business shall be the exclusive place of jurisdiction for all legal disputes arising from this contract. If the Client is domiciled outside the territory of the Republic of Malta, the Seller’s place of business shall be the exclusive place of jurisdiction for all legal disputes arising from this contract, provided that the contract or claims from the contract can be attributed to the Client’s professional or commercial activities. In any event, in the aforementioned cases, the Seller is entitled to appeal to the court with jurisdiction over the area where the Client’s place of business is located.

 

17. Alternative Dispute Resolution

 

17.1 The European Commission provides a link to the Online Dispute Resolution (ODR) platform on its website: https://ec.europa.eu/consumers/odr. This platform serves as a point of entry for out-of-court dispute resolution for conflicts arising from online sales and service contracts between consumers and traders.

 

17.2 The Seller is not obligated to participate in an alternative dispute resolution procedure before an alternative dispute resolution entity, nor is the Seller prepared to do so.