Terms of service

General Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Basic Provisions
(1) These General Terms and Conditions apply to contracts concluded between you and us as the provider, Thefreeway Sportswear®, through the online shop at www.the-freeway.com. Unless expressly agreed otherwise, any conflicting or additional terms and conditions submitted by the customer are not accepted.

(2) A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or self-employed professional activity. An entrepreneur is a natural or legal person or a legally capable partnership acting in the course of its commercial or self-employed professional activity when concluding the contract.

§ 2 Conclusion of the Contract
(1) The subject matter of the contract is the sale of goods.

(2) The presentation of products in our online shop does not, unless expressly stated otherwise, constitute a legally binding offer to conclude a purchase contract. It constitutes an invitation for you to submit an order.

(3) You may place the products you wish to purchase in the shopping cart. Before submitting your order, you can review the contents of the shopping cart and the information entered during checkout and correct or remove entries where technically provided.

(4) By clicking the final checkout button that clearly indicates an obligation to pay, such as “Pay now”, “Buy now” or an equivalent wording displayed in the checkout, you submit a legally binding offer to purchase the goods contained in the order.

(5) An automatically generated acknowledgement confirming receipt of your order confirms that the order has been received. Unless that acknowledgement expressly states that the order has been accepted, it does not by itself constitute acceptance of your contractual offer.

(6) The purchase contract is concluded when we expressly accept your order, confirm acceptance of the order, or dispatch the goods and notify you accordingly. Where the payment method selected provides for an earlier binding conclusion of the contract according to the applicable payment procedure, that procedure shall apply.

(7) Order processing and the transmission of information relating to the conclusion of the contract are carried out electronically, in particular by email. You are responsible for providing a correct email address and for ensuring that emails sent by us can be received and are not prevented by technical settings or spam filters.

§ 3 Prices and Payment Conditions
(1) The prices displayed in the online shop are the prices applicable to the respective offer and include applicable taxes where required by law.

(2) Shipping costs are not included in the product price unless expressly stated otherwise. Applicable shipping costs and any available free-shipping threshold are displayed separately during the ordering process and are described in our Shipping Policy.

(3) For deliveries outside the European Union, customs duties, import VAT or other charges imposed by the destination country may apply. Unless expressly stated otherwise during checkout, such charges are not included in the purchase price or shipping charge and are the responsibility of the recipient.

(4) The payment methods available for your order are displayed during checkout. Available payment methods may vary depending on the country, device and checkout eligibility.

(5) Unless otherwise stated for the selected payment method, payment becomes due upon conclusion of the contract. Additional conditions of the selected payment service provider may apply.

§ 4 Delivery Conditions
(1) Delivery areas, estimated delivery times, shipping charges and applicable shipping restrictions are stated in our Shipping Policy and, where applicable, during checkout or in the respective product description.

(2) Delivery times are estimates unless a binding delivery date has expressly been agreed. Delays caused by carriers, customs procedures, public holidays or circumstances outside our reasonable control may affect the estimated delivery time, subject to your mandatory statutory rights.

(3) Where you are a consumer, the risk of accidental loss of or accidental damage to the goods generally passes to you when the goods are delivered to you or to a third party designated by you other than the carrier. This does not apply where you independently commission a carrier or other person to transport the goods and that carrier or person was not previously named or offered by us.

§ 5 Statutory Liability for Defects
(1) The statutory rights relating to defective or non-conforming goods apply.

(2) Consumers are requested to check delivered goods for completeness, visible defects and transport damage and to inform us of any problem as soon as reasonably possible. Failure to carry out such a check or notification does not limit or exclude statutory consumer rights.

(3) Where a characteristic of goods deviates from the objective requirements applicable to consumer goods, such a deviation is effective only where the applicable statutory requirements are fulfilled, including any requirement that the consumer be specifically informed of the deviation before submitting the contractual declaration and that the deviation be expressly and separately agreed.

(4) Nothing in these Terms limits statutory warranty, conformity or other mandatory consumer rights.

§ 6 Right of Retention and Retention of Title
(1) You may exercise a right of retention insofar as it relates to claims arising from the same contractual relationship, subject to mandatory statutory rights.

(2) The goods remain our property until the purchase price has been paid in full.

§ 7 Choice of Law and Place of Jurisdiction
(1) German law applies. If you are a consumer, this choice of law applies only insofar as it does not deprive you of the protection granted by mandatory provisions of the law of the country in which you have your habitual residence.

(2) If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for disputes arising from the contractual relationship shall be our registered place of business to the extent permitted by law.

(3) The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.

§ 8 Alternative Dispute Resolution
We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board, unless a mandatory legal obligation to participate applies in a particular case.

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II. Customer Information

1. Identity of the Seller
Thefreeway Sportswear®
Represented by: Alessandro Termine
Stralauer Allee 17F
10245 Berlin
Germany
WhatsApp: +49 152 5749 3823
E-mail: info@the-freeway.com
VAT ID No.: DE363282430

2. Information on the Conclusion of the Contract
The technical steps leading to the conclusion of the contract are described in § 2 of these General Terms and Conditions. Before submitting the order, you can review and, where technically available, correct the information entered during the ordering process.

3. Contract Language and Storage of Contract Information
(1) The contract may be concluded in the language made available to you in the online shop and checkout for the respective market. The contractual information displayed during the ordering process applies to the respective order.

(2) We store order information in accordance with applicable legal and commercial retention requirements. Following the conclusion of the contract, you will receive an electronic confirmation containing information relating to your order. Legally required information for distance contracts is provided on a durable medium where required by law.

(3) These General Terms and Conditions can be viewed and saved through our website. Where customer account functionality is available, information concerning your orders may also be accessible through your customer account.

4. Essential Characteristics of the Goods
The essential characteristics of the goods are described in the respective product offer and product description.

5. Prices and Payment Terms
Prices and payment conditions are governed by § 3 of these General Terms and Conditions and by the information displayed during checkout.

6. Delivery Conditions
Delivery conditions are governed by § 4 of these General Terms and Conditions and our Shipping Policy.

7. Statutory Liability for Defects
Statutory liability for defective or non-conforming goods is governed by § 5 of these General Terms and Conditions and applicable statutory law.

8. Right of Withdrawal
Consumers have a statutory right of withdrawal where the legal requirements are met. Complete information concerning the withdrawal period, return procedure, return costs, statutory exceptions, electronic withdrawal function and sample withdrawal form can be found in our Right of Withdrawal & Returns Policy.

You can also access the electronic return and cancellation function through your customer account at account.the-freeway.com.