Terms of Service
1. General, scope
1.1. These general terms and conditions apply to all orders placed by consumers (§ 13 BGB) and entrepreneurs (§ 14 BGB) (both hereinafter referred to as “customer”) at the
Vengeance MMA GmbH
CEO: Marcel Franke
Email: [email protected]
Register court: Amtsgericht Chemnitz
Register number: HRB 31571
(hereinafter “Vengeance MMA”).
1.2. A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.
1.3. An entrepreneur is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
1.4. Customers in the sense of these terms and conditions are both consumers and entrepreneurs.
1.5. Our deliveries, services, and offers are based exclusively on these terms and conditions.
1.6 Business and purchasing conditions of the customer are hereby rejected.
2. Conclusion of the contract
2.1. The online shop’s product presentations serve to submit a purchase offer and represent a non-binding invitation to the customer to order from Vengeance MMA.
2.2 Purchase of standard products
2.2.1. Standard products are those products that the customer can purchase from Vengeance MMA without personalizing them.
2.2.2. When purchasing standard products, the customer submits his binding purchase offer by clicking the “order for a fee” button or another purchase button. Before submitting the binding order, the customer can view the order data (goods, quantity, price, delivery, and payment modalities) at any time and change the order if necessary. The customer can cancel the order process at any time by closing the browser window.
2.2.3. Vengeance MMA can accept the order within 7 working days by sending a separate order confirmation or by delivering the goods. Vengeance MMA can refuse to accept the order – for example, after checking the customer’s creditworthiness or the offer for its legal and actual feasibility, particularly for a possible violation of third party property rights.
2.2.4. The receipt of the order is confirmed by an automated e-mail immediately after the order has been sent and does not yet constitute an acceptance of the contract.
2.2.5. In the case of orders by email or written orders for standard products, Vengeance MMA will also immediately confirm receipt of the order. This confirmation of receipt does not constitute a binding acceptance of Vengeance MMA’s order unless Vengeance MMA expressly declares this.
2.3. Purchase of personalized/custom products
2.3.1. Personalized products are those products that have been individualized by the customer in that they have been designed according to his ideas, e.g., in terms of design, concerning the lettering and colors, and the integration of logos.
2.3.2. Vengeance MMA sends the customer a control design and an order summary by email. A complete prepayment of the order value by the customer is equivalent to the order approval. When Vengeance MMA receives the order approval from the customer, the contract is concluded. The customer then receives a short confirmation email. The order will only be started when the payment amount has been paid in full. This point in time is the start of the listed delivery time.
2.4. When the contract is concluded, the contractual provisions are saved by Vengeance MMA and sent to the customer, including the general terms and conditions, in a way that can be saved and printed out by email. The customer can view, print, and save the terms and conditions here.
2.5. The languages available for the conclusion of the contract are German and English.
3. Prices and shipping costs
3.1. For consumers from EU countries and Switzerland, the prices given are final. They contain the applicable statutory taxes, particularly VAT, and all other price components and do not include postage.
3.2. For consumers outside the EU (except for Switzerland), all prices are net prices. The delivery address is decisive. If VAT is incurred following the recipient country’s statutory provisions, this must be paid additionally upon receipt of the goods. Also, import duties may apply, which the customer must pay when receiving the goods. The above-mentioned duties are invoiced either by the customs authorities or the delivery company.
3.3. The price does not include transport and packaging costs. The specific shipping/delivery price of the ordered goods is determined by the order quantity and the place of delivery, taking into account any external area surcharge.
3.4. For entrepreneurs, the prices are ex-works or ex-warehouse plus freight and the applicable sales tax.
4. Payment terms
Payments have to been made in advance via the established payment methods (e.g., PayPal, GooglePay, ApplePay, …).
5. Terms of delivery, partial delivery
5.1. The delivery time for personalized products is 3-8 weeks from order approval. For standard products from the shop, the delivery time is 2-7 working days from receipt. If standard products and personalized products are purchased together, the entire order will be delivered within the personalized products’ delivery time. At the customer’s request, the standard products can be shipped separately in advance.
5.2. The delivery period is extended accordingly, without Vengeance MMA having to point this out separately, if and to the extent that the customer is obliged to make a payment in advance, but no in-payment is received.
5.3. If not all of the products ordered are in stock; we are entitled to make partial deliveries at our expense, provided this is reasonable for the customer.
6. Retention of Title
6.1. The delivered goods remain the property of Vengeance MMA (reserved goods) until all claims from the delivery contract have been paid in full. If the customer is a merchant within the meaning of the German Commercial Code, Vengeance MMA retains ownership of all goods delivered until all payments from the business relationship have been received.
6.2. The customer is obliged to treat the goods with care until the transfer of ownership.
7. Sending samples, documents
7.1. Samples that are sent for quality and size control should be handled with care. Samples must be returned by the date stated on the delivery note at the latest. An extension of the deadline is only possible after consultation.
7.2. The sending of the samples to the customer is at the expense of Vengeance MMA, the return at the customer’s expense. Returns with insufficient postage will generally not be accepted.
7.3. If samples are not returned by the deadline stated on the delivery note, Vengeance MMA will calculate the regular sales price (price from 10 pieces) from the Vengeance MMA price list valid at the delivery time. However, the customer is permitted to prove that less damage or no damage at all has occurred.
7.4 Vengeance MMA reserves the right of ownership and copyright to illustrations, drawings, calculations, and other documents provided to the customer. This also applies to written documents that are not designated as confidential. Before passing them on to third parties, the customer requires the express written consent of Vengeance MMA.
8. Right of withdrawal for consumers
8.1. Right of Withdrawal
The consumer has a 14-day right of withdrawal. Here you will find the conditions for the right of withdrawal for consumers:
Right of withdrawal
You have the right to cancel this purchase contract within fourteen days without giving a reason if you purchase standard products.
The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
To exercise your right of withdrawal, you must contact us
Vengeance MMA GmbH
through a clear declaration (e.g., a letter sent by post or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your notification that you are exercising your right of cancellation before the cancellation period has expired.
Consequences of withdrawal
If you withdraw from this contract, we will have given you all payments that we have received from you, including delivery costs (except for the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same payment method that you used for the original transaction unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. We can refuse the repayment until we have received the goods back or provided evidence that you have sent the goods back, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the date you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to the handling of the goods that is not necessary to check the goods’ nature, properties, and functionality.
8.2. Exclusion of the right of withdrawal for custom-made products
The right of withdrawal according to section 8.1. These general terms and conditions do not apply to the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or clearly tailored to the consumer’s personal needs.
9.1. For consumers, the warranty is based on statutory provisions.
9.2. The limitation period for claims for defects for entrepreneurs, as far as legally permissible, is one year from the transfer of risk.
9.3. Customary and technically unavoidable tolerances in color, quality, material, weight, and other designs do not give rise to complaints on the customer’s part.
9.4. With textile printing, slight fluctuations in tonal value are always possible and unavoidable, both in color proofs and subsequent deliveries. Vengeance MMA makes every effort to reproduce the colors of the product range shown on the website, in the (online) catalog, or other brochures as realistically as possible. In particular, the colors available on the Vengeance MMA website depend on the customer’s screen settings, which is why Vengeance MMA cannot guarantee that the colors will be comparable.
9.5. Control designs for the production release and color proofs must be checked carefully by the customer for correctness. After approval, Vengeance MMA is not liable for errors overlooked by the customer.
9.6. Following a complaint, Vengeance MMA may request samples for testing. The requested sample goods must be sent within three working days and provided with markings so that Vengeance MMA can trace the type and position of the fault.
9.7. Vengeance MMA does not give any guarantees to customers in the legal sense. Manufacturer guarantees remain unaffected.
10.1. Vengeance MMA excludes liability towards customers for slight negligence, provided that these do not relate to essential contractual obligations, damage from injury to life, limb, and health or guarantees, or claims under the Product Liability Act are affected. The same applies to breaches of duty by vicarious agents or legal representatives of Vengeance MMA. An essential contractual obligation is given in the case of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place or which the customer has relied on and was allowed to trust to be observed.
10.2. If an essential contractual obligation is breached through slight negligence, Vengeance MMA’s liability is limited to the foreseeable, contract-typical damage.
11. Copyrights/property rights of third parties, exemption from liability, inadmissible designs
11.1. If the customer submits his own motif or has other influence on the product (e.g., text personalization), the customer assures Vengeance MMA that the design, text, and motif are free of third-party rights. In this case, any violations of copyright, design, personality or name, trademark, and trademark are fully at the customer’s expense. The customer also assures that he does not violate any other third parties’ rights by customizing the product. In principle, every customer is responsible for obtaining the rights holder’s written permission for the use of legally protected lettering, logos, images, slogans, or designs and for submitting them to Vengeance MMA without being asked.
11.2. The customer will release Vengeance MMA from all claims and claims that are asserted due to the violation of such third-party rights, as the customer is responsible for the breach of duty. The customer reimburses Vengeance MMA for all defense costs and other damages.
11.3. Vengeance MMA does not implement labels, images, or other custom-made products at the customer’s request that violates the privacy of third parties, contains pornography, serves to disseminate prohibited propaganda, or encourages people to commit crimes or to participate in them. If such a case is overlooked by Vengeance MMA and the production is carried out, the customer assumes full responsibility.
11.4. Clubs, in particular, should observe possible guidelines, requirements, and restrictions of their associations. Vengeance MMA assumes no liability or warranty for possible violations.
12. Product labeling, self-promotion, and own rights
12.1. All items supplied by Vengeance MMA may include the following branding:
– one or more externally visible Vengeance MMA logos and/or lettering
– one or more sewn-in, externally visible woven labels with the Vengeance MMA logo and/or lettering
– one or more sewn inside labels with the Vengeance MMA logo and/or lettering
– a washing label with Vengeance MMA logo and/or lettering
In addition, other materials on the textile, such as rubber or zippers, can also be branded by Vengeance MMA.
12.2. Vengeance MMA is entitled to present products it produces in its own online shop, its own (online) catalogs, and other product descriptions, documents, advertisements, etc., regardless of their form (electronic or written) and in exhibitions. Also, the customer agrees that Vengeance MMA may use these produced products and their graphic designs on online platforms such as Facebook, Twitter, Linked In, Instagram, Snapchat, TikTok, YouTube, and Pinterest as for advertisements.
12.3. Vengeance MMA is allowed to name the customer as a reference in any medium. This also includes the naming and use of any protected designations or logos. Vengeance MMA is not required to be named. The customer may restrict or prohibit the nomination.
12.4. In the event of faulty or overproduction, Vengeance MMA has the right to make the products available to other customers as samples or to use them for internal test series.
13. Place of jurisdiction, choice of law
13.1. The contractual relationships between the parties are subject to German law. This does not affect the mandatory provisions of the country in which the consumer has his habitual residence.
13.2. The place of performance for all delivery obligations of Vengeance MMA and the other contractual obligations of both parties is Chemnitz.
13.3. The place of jurisdiction for disputes arising from or connected with this contract is the registered office of Vengeance MMA, provided the customer is a merchant, a legal entity under public law, or a public-law special fund. Vengeance MMA is also entitled to sue the customers named in this paragraph at their general place of jurisdiction.
13.4. If the customer does not have a place of jurisdiction in Germany or another EU member state, the place of jurisdiction for all disputes arising from this contract is the business of Vengeance MMA. Vengeance MMA is also entitled to sue the customers named in this paragraph at their general place of jurisdiction.
As of March 2021