I. General Terms and Conditions

§ 1 Basic Provisions

(1) These terms and conditions apply to contracts concluded with us, to the top sportswear GmbH, via the website https://to-the-top.com/. Unless otherwise agreed, any terms you may provide are not accepted.​

(2) A "consumer" is any natural person entering into a legal transaction for purposes that are predominantly outside their trade, business, or profession. An "entrepreneur" is a natural or legal person or a partnership with legal capacity acting in the course of their trade or profession.​

§ 2 Conclusion of the Contract

(1) The contract pertains to the sale of goods.​

(2) By listing a product on our website, we make a binding offer to conclude a contract under the conditions specified in the product description.​

(3) The contract is concluded via the online shopping cart system as follows:​ The goods intended for purchase are placed in the "shopping cart."​ By clicking the corresponding button in the navigation bar, you can access the "shopping cart" and make changes at any time.​ After clicking the "checkout" or "proceed to order" button and entering personal data as well as payment and shipping information, the order details are displayed as an order overview.​ If you use an instant payment system (e.g., PayPal, Amazon Pay), you may be redirected to the provider's website to enter your data.​ Before submitting the order, you have the opportunity to review and modify your information or cancel the order.​ By submitting the order via the corresponding button (e.g., "place order," "buy now"), you accept our offer, and the contract is concluded.​

(4) Order processing and transmission of all information necessary for contract execution occur via email, partly automated. Ensure that the email address provided is correct and that receipt of emails is technically ensured, especially not blocked by spam filters.​

§ 3 Special Agreements on Payment Methods

(1) Payment via "PayPal" / "PayPal Checkout": When selecting a payment method offered through "PayPal" / "PayPal Checkout," payment processing is carried out by PayPal (Europe) S.à.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. The specific payment methods via "PayPal" are displayed on our website and during the online ordering process. PayPal may use other payment services for processing; if special terms apply, you will be informed separately. Further information about "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.​

§ 4 Right of Retention, Retention of Title

(1) You may only exercise a right of retention if it concerns claims arising from the same contractual relationship.​

(2) The goods remain our property until full payment of the purchase price.​

§ 5 Warranty

(1) Statutory warranty rights apply.​

(2) As a consumer, you are requested to check the goods upon delivery for completeness, obvious defects, and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so does not affect your statutory warranty rights.​

(3) If a feature of the goods deviates from the objective requirements, this deviation is only considered agreed upon if you were informed of it before submitting the contractual declaration and the deviation was expressly and separately agreed upon between the contracting parties.​

§ 6 Choice of Law, Place of Performance, Jurisdiction

(1) German law applies. For consumers, this choice of law applies only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence.​

(2) The place of performance for all services arising from the business relationships with us and the place of jurisdiction is our registered office, provided you are not a consumer but a merchant, a legal entity under public law, or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU, or if your place of residence or habitual residence is unknown at the time the action is brought. The right to also call upon the court at another legal place of jurisdiction remains unaffected.​

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods do not apply.​

II. Customer Information

1. Identity of the Seller

to the top sportswear GmbH
Schöneberger Ufer 55
10785 Berlin
Germany
Email: hello@to-the-top.com​

Alternative Dispute Resolution:
The European Commission provides a platform for online dispute resolution (ODR), accessible at https://ec.europa.eu/odr.

We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.​

2. Information on the Conclusion of the Contract

The technical steps leading to the conclusion of the contract, the contract itself, and correction options are carried out in accordance with the "Conclusion of the Contract" section of our General Terms and Conditions (Part I).​

3. Contract Language, Contract Text Storage

3.1 The contract language is German.​

3.2 The complete contract text is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed or electronically saved using the browser's print function. After receiving the order, the order data, the legally required information for distance contracts, and the General Terms and Conditions are sent to you again by email.​

4. Essential Characteristics of the Goods or Services

The essential characteristics of the goods and/or services can be found in the respective offer.​

5. Prices and Payment Methods

5.1 The prices listed in the respective offers and the shipping costs represent total prices. They include all price components, including all applicable taxes.​

5.2 The shipping costs incurred are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, are displayed separately during the order process, and must be borne by you in addition—unless free shipping is expressly promised.

5.3 Any costs incurred for money transfers (e.g., bank transfer or exchange rate fees) shall be borne by you if the delivery is made to an EU member state, but the payment is initiated outside the European Union.

5.4 The available payment methods are listed on a correspondingly labeled section of our website or in the respective offer.

5.5 Unless otherwise specified for the individual payment methods, the payment claims from the concluded contract are due for immediate payment.

6. Delivery Conditions

6.1 The delivery conditions, delivery time, and any existing delivery restrictions can be found on a correspondingly labeled page of our website or in the respective product description.

6.2 If you are a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the sold goods during shipment passes to you only when the goods are handed over—regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by us or another person designated to carry out the shipment.

7. Statutory Warranty Rights

The warranty is governed by the provisions set out in the "Warranty" section of our General Terms and Conditions (Part I).

These terms and customer information were created by lawyers specializing in IT law and are continuously reviewed for legal compliance by the Händlerbund. Händlerbund Management AG guarantees the legal security of the texts and is liable in case of warnings.
Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service

Last updated: June 9, 2024