TERMS AND CONDITIONS

1. Scope
The following terms and conditions apply to all orders placed via our online shop by consumers and entrepreneurs.
A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they only become part of the contract if we have expressly agreed to this.
2. Contractual partner, conclusion of contract, correction options
The purchase contract is concluded with Pegasus Sportswear, owner Klaus Ronny Schulze.
By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids and buttons provided and explained for this purpose in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking the order button. Immediately after submitting the order, you will receive a confirmation by email.
3. Contract language, contract text storage
The language available for the conclusion of the contract is German.
We save the contract text and send you the order data and our terms and conditions in text form. The contract text is no longer accessible via the internet for security reasons.
4. Delivery conditions
Shipping costs are added to the stated product prices. You can find out more about the amount of shipping costs in the offers.
5. Payment
The following payment methods are generally available in our shop:
Prepayment
If you select the prepayment payment method, we will send you our bank details in a separate email and deliver the goods after receipt of payment.
Klarna
In cooperation with the payment service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden (“Klarna”), we offer you the following payment options. Payment via Klarna is only available for consumers. Unless otherwise stipulated below, payment via Klarna requires a successful address and credit check and is made directly to Klarna. You will receive further information with the respective payment option and in the order process.
Purchase on account via Klarna
The invoice amount is due 30 days after the goods have been shipped and the invoice has been received.
Klarna can offer registered Klarna customers who have been selected according to their own criteria further payment methods in the customer account. However, we have no influence on the offering of these modalities; further individually offered payment modalities concern your legal relationship with Klarna. Further information on this can be found in your Klarna account.
Klarna credit card
You enter your credit card details in the order process. Your card will be charged by Klarna immediately after the order is placed. An address and credit check does not take place.
Klarna direct debit
You issue Klarna a SEPA direct debit mandate. Klarna will inform you about the date on which your account will be debited (so-called prenotification). The account will be debited after the goods have been shipped.
Instalment purchase via Klarna
You can pay the invoice amount in monthly instalments of at least 1/24 of the total amount. The minimum instalment amount is 6.95 euros.
Klarna can offer registered Klarna customers who have been selected according to their own criteria further payment methods in the customer account (e.g. interest-free instalment plans). However, we have no influence on the offering of these modalities; further individually offered payment modalities concern your legal relationship with Klarna. Further information on this can be found in your Klarna account
PayPal, PayPal Express
In order to be able to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), you must be registered with PayPal, legitimise yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after the order is placed. You will receive further information during the order process.
PayPal can offer registered PayPal customers who have been selected according to their own criteria further payment methods in the customer account. However, we have no influence on the offering of these modalities; further individually offered payment modalities concern your legal relationship with PayPal. Further information on this can be found in your PayPal account.
6. Terms of use for image uploads
Copyright law, right to one’s own image
When you upload a logo or image to our homepage, you assure us with the upload of the file that you have the full and complete rights to use the logo, motif or image. Pegasus Sportswear, owner Klaus Ronny Schulze assumes no liability in the event of copyright infringement and other related legal consequences. The customer is liable for any trademark infringements unknown to us and indemnifies us against claims by third parties in this respect.
7. Contact
For queries that are necessary to complete the order or the order, Pegasus Sportswear, owner Klaus Ronny Schulze reserves the right to contact the customer by email, telephone or, if necessary, via WhatsApp, depending on which communication channels the customer has released.
8. Right of withdrawal
Consumers are entitled to the statutory right of withdrawal, as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal.
10. Cancellation, complaint and return of goods
The binding purchase contract creates a legally binding declaration of intent, so that acceptance results in a purchase contract with rights and obligations in accordance with § 433 BGB.
10.1 Cancellation
Cancellations are generally not possible for contracts for 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 which are clearly tailored to the personal needs of the consumer. (see § 312 g para. 2 no. 1 BGB)
As a gesture of goodwill, we reserve the right to grant a cancellation if necessary. Depending on the processing process of the order, up to 40% of the complete purchase price may be retained. The retained compensation takes into account, among other things, the processing fees, labour costs and re-warehousing fees for material and articles.
10.2 Return of goods
The return of goods is only possible for non-individualised articles (i.e. articles without personalisation). The costs of returning the goods are borne by the buyer. A refund of the shipping costs is excluded.
11. Retention of title
The goods remain our property until full payment has been made.
The following applies to entrepreneurs: We reserve ownership of the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from this resale – irrespective of any connection or mixing of the reserved goods with a new item – in the amount of the invoice amount, and we accept this assignment. You remain authorised to collect the claims, but we may also collect the claims ourselves if you do not meet your payment obligations. We will release the securities to which we are entitled at your request to the extent that the realisable value of the securities exceeds the value of the outstanding claims by more than 10%.
12. Transport damage
The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such errors to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, you help us to assert our own claims against the carrier or the transport insurance.
13. Warranty and guarantees
13.1 Liability for defects
Unless expressly agreed otherwise below, the statutory liability for defects applies.
The following restrictions and shortening of deadlines do not apply to claims based on damage caused by us, our legal representatives or vicarious agents
• in the event of injury to life, limb or health
• in the event of intentional or grossly negligent breach of duty as well as fraudulent intent
• in the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
• within the scope of a guarantee promise, if agreed, or
• insofar as the scope of application of the Product Liability Act is opened.
Restrictions towards entrepreneurs
The following applies to entrepreneurs as an agreement on the quality of the goods: only our own information and the manufacturer’s product descriptions that have been included in the contract; we assume no liability for public statements made by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk.
The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.
Regulations towards merchants
Among merchants, the obligation to inspect and give notice of defects regulated in § 377 HGB applies. If you fail to make the notification regulated there, the goods are deemed to have been approved, unless the defect was not recognisable during the inspection. This does not apply if we have fraudulently concealed a defect.
13.2 Guarantees and customer service
Information on any additional guarantees that may apply and their exact conditions can be found on the product and on special information pages in the online shop.
Customer service: You can reach our customer service for questions, complaints and objections 24/7 by email at info@pegasus-sportswear.de
14. Liability
We are always liable without limitation for claims based on damage caused by us, our legal representatives or vicarious agents
• in the event of injury to life, limb or health,
• in the event of intentional or grossly negligent breach of duty,
• in the event of a guarantee promise, if agreed, or
• insofar as the scope of application of the Product Liability Act is opened.
In the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, the liability is limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.
15. Dispute resolution
The European Commission provides a platform for online dispute resolution (ODR), which you can find here.
We are not obliged and not willing to participate in a dispute resolution procedure before a consumer arbitration board.
16. Final provisions
If you are an entrepreneur, German law applies to the exclusion of the UN Sales Convention.
If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.