Terms & Conditions
Our Terms & Conditions outline the relationship between you (the customer) and Enode (BM Sports Technology GmbH) when using our online store for goods and services. As a customer, you enter into a legally binding contract with Enode by placing an order through our website. Prices listed include all applicable taxes for orders shipped within the EU. For orders shipped to non-EU countries, additional taxes and import duties may apply. You may need to pay shipping costs unless the item is marked as free shipping. Payment is due before delivery unless otherwise specified. We deliver to a wide range of countries, and our products are generally ready for immediate shipment. The goods remain Enode’s property until the purchase price is fully paid. You have a right to withdraw as a consumer according to our cancellation policy. Our liability is limited to intent or gross negligence, with some exceptions. The warranty follows statutory provisions, and our customer service is available on German business days between 9am-6pm CET. The contract language is English, and German law applies to the contract.
§ 1 Validity, definitions
(2) “Consumer” within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. “Entrepreneur” is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity, whereby a partnership with legal capacity is a partnership endowed with the capacity to acquire rights and incur liabilities.
§ 2 Formation of contracts, storage of the text of the contract
§ 3 Subject of the contract and essential characteristics of the products
a. The sale of goods. The specific goods offered can be found on our article pages.
b. The provision of services. The specific services offered can be found on our article pages.
(2) The essential characteristics of the goods and services can be found in the item description.
(3) For the sale of digital products apply the restrictions apparent from the product description or otherwise resulting from the circumstances, in particular to hardware and / or software requirements for the target environment. Unless expressly agreed otherwise, the subject matter of the contract is only the private and commercial use of the products without the right to resell or sublicense.
§ 4 Prices, shipping costs and delivery
(2) The respective purchase price is to be paid before delivery of the product (advance payment), unless we expressly offer purchase on account. The payment methods available to you are shown under a correspondingly designated button in the online store or in the respective offer. Unless otherwise stated for the individual payment methods, payment claims are due immediately.
(3) In addition to the prices indicated, shipping costs may be incurred for the delivery of products, unless the respective item is indicated as free of shipping costs. The shipping costs will be clearly communicated to you again on the offers, if applicable in the shopping cart system and on the order overview.
(4) All offered products are ready for immediate shipment (delivery time: 3 to 5 days after receipt of payment), unless clearly stated otherwise in the product description.
(5) The following delivery area restrictions apply: Delivery will be made to the following countries: Afghanistan, Albania, Algeria, American Samoa, Andorra, Angola, Anguilla, Antarctica, Antigua and Barbuda, Argentina, Armenia, Aruba, Australia, Austria, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belau, Belgium, Belize, Benin, Bermuda, Bhutan, Bolivia, Bonaire, Saint Eustatius and Saba, Bosnia and Herzegovina, Botswana, Bouvet Island, Brazil, British Indian Ocean Territory, Brunei, Bulgaria, Burkina Faso, Burundi, Cambodia, Cameroon, Canada, Cape Verde, Cayman Islands, Central African Republic, Chad, Chile, China, Christmas Island, Cocos (Keeling) Islands, Colombia, Comoros, Congo (Brazzaville), Congo (Kinshasa), Cook Islands, Costa Rica, Croatia, Cuba, Curaçao, Cyprus, Czech Republic, Denmark, Djibouti, Dominica, Dominican Republic, Ecuador, Egypt, El Salvador, Equatorial Guinea, Eritrea, Estonia, Ethiopia, Falkland Islands, Faroe Islands, Fiji, Finland, France, French Guiana, French Polynesia, French Southern Territories, Gabon, Gambia, Georgia, Germany, Ghana, Gibraltar, Greece, Greenland, Grenada, Guadeloupe, Guam, Guatemala, Guernsey, Guinea, Guinea-Bissau, Guyana, Haiti, Heard Island and McDonald Islands, Honduras, Hong Kong, Hungary, Iceland, India, Indonesia, Iran, Iraq, Ireland, Isle of Man, Israel, Italy, Ivory Coast, Jamaica, Japan, Jersey, Jordan, Kazakhstan, Kenya, Kiribati, Kuwait, Kyrgyzstan, Laos, Latvia, Lebanon, Lesotho, Liberia, Libya, Liechtenstein, Lithuania, Luxembourg, Macao, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Marshall Islands, Martinique, Mauritania, Mauritius, Mayotte, Mexico, Micronesia, Moldova, Monaco, Mongolia, Montenegro, Montserrat, Morocco, Mozambique, Myanmar, Namibia, Nauru, Nepal, Netherlands, New Caledonia, New Zealand, Nicaragua, Niger, Nigeria, Niue, Norfolk Island, North Korea, North Macedonia, Northern Mariana Islands, Norway, Oman, Pakistan, Palestinian Territory, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Pitcairn, Poland, Portugal, Puerto Rico, Qatar, Reunion, Romania, Rwanda, São Tomé and Príncipe, Saint Barthélemy, Saint Helena, Saint Kitts and Nevis, Saint Lucia, Saint Martin (Dutch part), Saint Martin (French part), Saint Pierre and Miquelon, Saint Vincent and the Grenadines, Samoa, San Marino, Saudi Arabia, Senegal, Serbia, Seychelles, Sierra Leone, Singapore, Slovakia, Slovenia, Solomon Islands, Somalia, South Africa, South Georgia/Sandwich Islands, South Korea, South Sudan, Spain, Sri Lanka, Sudan, Suriname, Svalbard and Jan Mayen, Swaziland, Sweden, Switzerland, Syria, Tajikistan, Tanzania, Thailand, Timor-Leste, Togo, Tokelau, Tonga, Trinidad and Tobago, Tunisia, Turkey, Turkmenistan, Turks and Caicos Islands, Tuvalu, Uganda, United Arab Emirates, United Kingdom (UK), United States (US), United States (US) Minor Outlying Islands, Uruguay, Uzbekistan, Vanuatu, Vatican, Venezuela, Vietnam, Virgin Islands (British), Virgin Islands (US), Wallis and Futuna, Western Sahara, Yemen, Zambia, Zimbabwe, Åland Islands.
§ 5 Right of retention, reservation of title
(2) The goods remain our property until full payment of the purchase price.
§ 6 Right of withdrawal
§ 7 Liability
(2) We shall be liable without limitation for slight negligence in the event of injury to life, limb or health or in the event of a breach of a material contractual obligation. If we are in default of performance due to slight negligence, if performance has become impossible or if we have breached a material contractual obligation, liability for material damage and financial loss resulting therefrom shall be limited to the foreseeable damage typical for the contract. An essential contractual obligation is an obligation the fulfillment of which makes the proper execution of the contract possible in the first place, the violation of which endangers the achievement of the purpose of the contract and the compliance with which you may regularly rely on. This includes, in particular, our obligation to take action and fulfill the contractually owed performance, which is described in § 3.
§ 8 Contract language
§ 9 Warranty/Customer Service
(2) Towards entrepreneurs, the warranty period on delivered items is 12 months.
(3) As a consumer, you are requested to immediately check the item/digital goods or the service provided for completeness, obvious defects and transport damage upon fulfillment of the contract and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this will of course have no effect on your statutory warranty claims.
(4) Our customer service for questions, complaints and objections is available to you Our customer service is available on German business days between 9am – 6pm CET.