General terms and conditions

(as of January 2023)

1. scope of application, definitions
1.1 These General Terms and Conditions (hereinafter referred to as ""GTC"") shall apply in the version valid at the time of the order to all contracts concluded between FAIRWAY Golf-Shop GmbH & Co. KG, Rommerskirchener Straße 21 / Halle 19, 50259 Pulheim, Germany, telephone number: 02238-475550, fax: 02238-475559, e-mail: service@fairwaygolf.de, registered in the Commercial Register of the Local Court of Cologne, under HRA 30153, (hereinafter ""Fairway"" or ""we"") and a consumer or an entrepreneur (hereinafter ""customer""; or ""you""). Deviating general terms and conditions of the customer are not recognized unless Fairway expressly agrees to their validity in writing.
1.2 A consumer is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to their commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when entering into the contract, is acting in exercise of their trade, business or profession.
1.3 Individual agreements made in individual cases (including collateral agreements, supplements and amendments) shall always take precedence over these GTC. Subject to proof to the contrary, a written contract or written confirmation by Fairway is decisive for the content of such agreements.
1.4 Legally relevant declarations and notifications to be made to Fairway after conclusion of the contract (e.g. setting of deadlines, reminders, declaration of withdrawal) must be made in writing to be effective.
1.5 References to the validity of statutory provisions are for clarification purposes only. Even without such clarification, the statutory provisions shall therefore apply unless they are directly amended or expressly excluded in these GTC.

2. conclusion of contract
2.1 If you order goods in our online store, the contract is concluded as follows: The customer can select products from our range and collect them in a so-called shopping cart using the ""ADD TO CART"" button. The customer can then either go ""CONTINUE TO CHECKOUT"" and enter his personal data in order to submit his binding contract declaration for the purchase of the goods in the shopping cart via the button ""ORDER WITH PAYMENT"" or go ""Direct to PayPal"". Before submitting the order, the customer can change and view the data at any time. However, the contractual declaration can only be submitted and transmitted if the customer has accepted these contractual terms and conditions by clicking on the button ""I have read the GTC and agree to them"" and has thereby included them in his contractual declaration.
2.2 Fairway will then send the customer an automatic confirmation of receipt by email, in which the customer's order is listed again and which the customer can print out using the ""Print"" function. The automatic confirmation of receipt merely documents that we have received the customer's order and does not constitute a contractual declaration by Fairway. The contract is concluded depending on the selected payment method:
(ii) When paying by Sofortüberweisung, Paypal, PayPal Express, Giropay, Apple Pay (if the customer places the order from an Apple device) and iDEAL (if the customer places the order from Belgium), Fairway is already bound by the offer of the goods in the webshop, so that the customer triggers the payment process by clicking the button completing the order process.
(iii) In the case of payment by credit card, the contract is concluded when Fairway requests the crediting of the payment amount by the credit card company.
2.3 In the order confirmation or in a separate e-mail, but at the latest upon delivery of the goods, we will send the contract text (consisting of order, GTC together with revocation instructions and order confirmation) to the customer on a durable medium (e-mail or paper printout) (contract confirmation).
2.4 The text of the contract shall be stored in compliance with data protection regulations, but shall not be accessible to the customer.2.5 If you do not order via the online store, but by telephone, letter, fax or email, the following shall apply: The order of the goods by the customer shall be deemed a binding contractual offer. A contract is only concluded when we accept the offer. Unless otherwise stated in the order, we are entitled to accept this contractual offer within 14 days of its receipt by us. Acceptance can be declared either in writing (e.g. by order confirmation) or by dispatching the goods to the customer; if acceptance is made by dispatching the goods to the customer, no declaration of acceptance is required.2.6 If you purchase goods in our branch, a contract is only concluded when you have paid the respective purchase price in full and this has been confirmed by us. The confirmation can be implied (e.g. by handing over the goods).
2.7 The contract shall be concluded in the German language.

3. delivery, availability of goods
3.1 With regard to individual goods, you have the option of collecting the goods from our store instead of sending them. If this option is available, this will be indicated on the respective product page before completing the order process. If you collect the goods from the store, no shipping costs will of course be charged.
3.2 Delivery times stated by us in the online store are calculated from the time of our order confirmation. If no or no deviating delivery time is specified for the respective goods in our online store, the delivery time is 3-7 days.
3.3 As a rule, we check the availability of goods when you place your order so that you cannot order goods that are no longer available. If, in individual cases, a product is not available contrary to the information provided, a contract shall not be concluded and we shall inform you of this immediately.
3.4 If no copies of the product selected by the customer are available at the time of the customer's order, Fairway will inform the customer of this immediately in the order confirmation. If the product is permanently unavailable, Fairway will refrain from issuing a declaration of acceptance. In this case, a contract is not concluded.3.5 The following delivery restrictions apply: Fairway only delivers to customers who have their habitual residence (billing address) in the European Union and can provide a delivery address in the same country.

4. retention of title
Until full payment has been made, the delivered goods remain the property of Fairway.

5. Prices and shipping costs
5.1 All prices quoted on the website or in our stores are inclusive of the applicable statutory value added tax.
5.2 The corresponding shipping costs will be indicated in the order form and are to be borne by you, unless you make use of your right of withdrawal.
5.3 In the event of withdrawal, the customer shall bear the direct costs of the return shipment.

6. Payment modalities and registration
6.1 You have the option - even without registration - to make your payment by instant bank transfer, credit card, PayPal, PayPal Express, Giropay, Apple Pay (if you place the order on an Apple device), iDEAL (if you place the order from Belgium), prepayment, purchase on account or installment purchase.
6.2 Payment of the purchase price is due immediately upon conclusion of the contract, unless otherwise agreed based on the selected payment method. If the due date for payment is determined by the calendar, you shall be in default by missing the deadline. In this case, you shall pay us interest on arrears for the year at a rate of 5 percentage points above the prime rate.
6.3 An obligation of the customer to pay default interest does not exclude the assertion of further damages caused by default by Fairway.
6.4 You have the option of registering with us and opening a customer account. We will ask for and store your name, address, e-mail address and telephone number. You have the option of changing this information at any time and deleting the customer account. We will then delete your data unless other reasons (such as invoicing) require further temporary storage. Please also refer to our privacy policy.

7. warranty for material defects, guarantee
7.1 Fairway is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB
. 7.2 An additional guarantee only exists for the goods delivered or handed over by Fairway if this has been expressly given.

8. Liability
8.1 Unless otherwise stated in these GTC, including the following provisions, Fairway is liable in the event of a breach of contractual and non-contractual obligations in accordance with the statutory provisions.
8.2 Fairway is liable for damages - regardless of the legal grounds - within the scope of fault-based liability in cases of intent and gross negligence. In the case of simple negligence, we are liable, subject to statutory limitations of liability (e.g. care in our own affairs; insignificant breach of duty), only
8.2.1 for damages resulting from injury to life, limb or health and
8.2.2 for damages resulting from the breach of a material contractual obligation (obligation whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner regularly relies and may rely) of the company; in this case, however, our liability is limited to compensation for the foreseeable, typically occurring damage. Any further liability for damages shall be excluded.
8.3 The limitations of liability resulting from Section 8.2 above shall also apply in the event of breaches of duty by or for the benefit of persons whose fault we are responsible for in accordance with statutory provisions. They shall not apply if we have fraudulently concealed a defect or have assumed a guarantee for the quality of the goods and for claims under the Product Liability Act. 8.4 Fairway shall not be liable for damages caused by third-party negligence (e.g. incorrect use of the products) or interruptions to the availability of the platforms for which it is not responsible (e.g. technical problems with the Internet or telecommunications lines, UMTS transmission) that cannot be influenced by a party.
8.5 Insofar as Fairway's liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.

9. Cancellation policy
9.1 Consumers generally have a statutory right of withdrawal when concluding a distance selling transaction, about which Fairway provides information below in accordance with the statutory model. The exceptions to the right of withdrawal are regulated in Section 9.2. Section 9.3 contains a sample withdrawal form.

Withdrawal policy

Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.
In order to exercise your revocation right, you must inform us (FAIRWAY Golf-Shop GmbH & Co KG, Rommerskirchener Straße 21, 50259 Pulheim, Telephone number: 02238-475550, E-Mail: service@fairwaygolf.de) of your decision to revoke this contract by means of a clear declaration (e.g. a letter sent by post, fax or e-mail). You can use the attached sample withdrawal form for this purpose, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

Consequences of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.
We may withhold the refund until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is the earliest.
You must return or hand over the goods to us immediately and in any event no later than fourteen days from the date on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.

You shall bear the direct costs of returning the goods.

You shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

9.2 The right of withdrawal shall not apply to goods whose manufacture is subject to individual selection or determination by the customer or which are clearly tailored to the personal needs of the customer.
The right of withdrawal shall expire prematurely in the case of contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
9.3 Fairway provides the following information about the model withdrawal form in accordance with the statutory provisions:

Sample withdrawal form
(If you wish to withdraw from the contract, please complete and return this form)

- To FAIRWAY Golf-Shop GmbH & Co KG, Rommerskirchener Straße 21, 50259 Pulheim, Email: service@fairwaygolf.de, Fax: 02238-475559, Telephone number: 02238-475550
- I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only for notification on paper)
- Date
(*) Delete as appropriate

10. voluntary right of return
10.1 Notwithstanding the statutory right of withdrawal (see above withdrawal policy), we grant the customer a voluntary right of return free of charge, provided that (i) the goods are completely unused and unopened (i.e. (i.e. opened or used goods are not subject to the voluntary right of return free of charge), (ii) all labels and stickers are attached to the goods unchanged and any seal has not been removed, (iii) the goods are not goods which are manufactured on the basis of an individual selection or determination by the customer or which are clearly tailored to the personal needs of the customer (e.g. by affixing a name or logo), and (iv) the customer returns the goods to us within 30 days of receipt of the goods (receipt of the goods by us is decisive). With this right of return, the customer can also cancel the contract after expiry of the statutory withdrawal period.
10.2 For the repayment, we shall use the same means of payment that the customer used for the original transaction, unless expressly agreed otherwise with the customer; in no case shall the customer be charged any fees for this repayment. We may refuse repayment until we have received the goods back or until the customer has provided proof that they have returned the goods, whichever is the earlier.
10.3 We shall only bear the return costs for returns within Germany. In all other cases, the customer shall bear the return costs.

11. customer service
You can contact our customer service as follows:
By e-mail: info@fairwaygolf.de or service@fairwaygolf.de
By telephone: 02238-475550.

12. final provisions, dispute resolution
12.1 The law of the Federal Republic of Germany shall apply to contracts between Fairway and the customer to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the country in which the customer as a consumer has his habitual residence, remain unaffected.
12.2 If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and Fairway is the registered office of Fairway.
12.3 The contract remains binding in its remaining parts even if individual points are legally ineffective. The ineffective points shall be replaced by the statutory provisions, if available. However, if this would constitute an unreasonable hardship for one of the contracting parties, the contract as a whole shall become ineffective.
12.4 The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/odr. We are not obliged or willing to participate in dispute resolution proceedings before a consumer arbitration board.

Pulheim, as of January 2023