1. Area of validity
Your product order at True Motion Running GmbH (hereinafter TRUE MOTION), Münster, is exclusively subject to TRUE MOTION’s subsequent terms and conditions according to the version applicable at the time of your order. These terms exclusively apply to consumers within the meaning of § 13 BGB. The subsequent general terms and conditions are exclusively applicable to transactions/orders placed in the online shop. Here, you can download or print the current version.
On this portal, contracts can only be concluded in German. If you enter the required information throughout the online order process and click the “Buy now” button, you are submitting a binding offer to TRUE MOTION. After you place your order we will send you an email confirming the receipt of your order, including all order details (confirmation of receipt). This confirmation of receipt does not constitute the acceptance of your offer but merely serves to inform you that we received your order.
A sales contract is concluded only at the time when we ship the ordered product to you. If the ordered item is no longer available we reserve the right of non-delivery. In this case, we will inform you immediately and refund any payments already received. You can follow the status of your order at “My account” under “Orders”. The minimum age for orders from our online shop is 18. Orders are limited to an order value of 1,000 €. Should open invoices from past orders total to 1,000 € or more, further orders are not possible until these invoices are settled.
3. Identity of the contract partner
The contract is concluded with TRUE MOTION, unless expressly stated otherwise.
4. Storage of the contract text/your order data
Your order data will be stored at TRUE MOTION. If you would like a printed version, please print your “order confirmation”. You will see it on your screen after submitting the order. If you shared your email address with us, we will also send you all relevant order details in an email which you may print as well.
5. Shipping & handling
We ship free of charge via our partner DHL. DHL also offers deliveries to packing stations. We dispatch your order to our shipping partner after 48 hours at the latest (calculated from the first working day following your order), unless a different delivery time is specified in the respective product description. Shipment via DHL usually takes another 1-2 working days within Germany, 3-6 working days within Europe. TRUE MOTION covers return costs within Germany, returns from other countries must be paid for by the buyer.
6. Due date and payment/Reservation of ownership
We offer the following payment methods:
- Credit card (Visa, Mastercard, American Express)
- SEPA direct debit
All prices are shown in Euros, including legal VAT. The price valid at the time of the order applies. In some cases, we reserve the right to modify the choice of payment options. The delivered products remain in TRUE MOTION’s property until full payment has been received.
§ 437 BGB constitutes a statutory seller’s warranty of 2 years, beginning with the delivery of the product. During this time, any defects subject to the legal warranty will be remedied free of charge. With reference to the warranty, statutory regulations apply. Defects caused by incorrect treatment and usage of the purchased item do not justify warranty claims. In case of justified claims for defects, TRUE MOTION will exchange the ordered product for a new product or, if desired, refund the purchase price.
8. Cancellation policy
Right of cancellation
You have the right to revoke this contract within 14 days without giving any reasons. The revocation period of 14 days begins on the day that you or a third person named by you who is not the carrier took possession of the final product. To exercise your right of cancellation you have to declare unequivocally, for example by mailing a letter or emailing (TRUE MOTION Running GmbH, Hermann-Sudermann-Straße 3, 48155 Münster, email: email@example.com), that you have decided to revoke this contract. You may but do not have to use the enclosed cancellation form. To observe the revocation period it is sufficient to submit your cancellation notice before the cancellation period ends.
Consequences of a cancellation
If you revoke this contract we are obliged to refund all payments we have received from you, including delivery charges (except additional expenses incurring if you chose a delivery method other than the low-priced standard delivery we offer), immediately and within 14 days at the latest, calculated from the day we received your notice of revocation of this contract. Your refund will be credited to the same payment method that you used for the initial transaction, unless otherwise agreed; you will not have to bear any fees caused by this reimbursement. We may withhold the refund until we have received the goods or until you provide evidence that you returned the goods, whichever occurs first.
You shall return the goods to us immediately, in any case not later than within 14 days, calculated from the day that you notify us of your revocation of this contract. You meet this deadline by dispatching the items before the set term of 14 days expires. We will bear the costs of the return within Germany, return costs from other countries must be paid for by the buyer. You will only have to make up for any loss in value of the goods if this loss is due to you treating the goods in a way that is unnecessary to examine their quality, features, and function.
If you wish to exercise your right of cancellation please contact us via email (firstname.lastname@example.org). We will then send you a return label for a free return. The purchase price will be refunded. If possible, please use the original shoe box for your return and enclose the completed return form. We regard completed return forms as a valid declaration of your will to exercise your cancellation right. To avoid later compensation claims, please check the goods carefully and do not damage them (for example no scratches, streaks, worn-down outsoles, etc.). Please note that free returns must be shipped via DHL only. TRUE MOTION will not accept any packages shipped through other carriers that are not prepaid. You are not required by law to follow the guidelines in this paragraph.
Hereby I/we*) revoke the contract I/we*) concluded to purchase the following products:
_____________________________________________________(article, amount, order number and price as applicable)
Ordered on _________________________________
Consumer name: _____________________________________________________________
Consumer address: __________________________________________________________
___________________________________________________ Signature (only if on paper)
9. Complaints/Dispute settlement
Under current law we are obliged to inform consumers about the European online dispute resolution platform, which can be used to settle disputes without bringing them to court. The authority responsible for implementing this platform is the European Commission. You can find the European online dispute resolution platform here: https://ec.europa.eu/consumers/odr/. However, we point to the fact that we are principally not willing to engage in dispute settlements through the European online dispute resolution platform.
10. Severability clause
If any provision of these terms shall be deemed void, the applicable legal regulations shall replace that provision. The validity of any remaining provisions shall not be affected.
11. Applicable law
The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and the German conflict of laws. For consumers that do not conclude this contract for professional or commercial purposes this choice of law applies only insofar as the protection provided is not revoked by mandatory legal regulations in the consumer’s habitual country of residence.
(last modified: 27.04.2020)