Terms and Conditions B2B

TERMS AND CONDITIONS (T&Cs)
LYNXSPORT GmbH — B2B Commercial Relations
Version of February 1, 2022 (Address updated on April 1, 2025)

Preamble — Identification of the Seller

These Terms and Conditions (hereinafter "T&Cs") are established by LYNXSPORT GmbH, registered at Industriestrasse 5, 77839 Lichtenau, Germany (hereinafter "the Seller").

These T&Cs constitute the sole basis of the commercial relationship between the Seller and any professional buyer (hereinafter "the Client"). They apply automatically to all sales, regardless of any clauses contained in the Client's documents. Any order implies full and unconditional acceptance of these T&Cs. They apply exclusively to Business-to-Business (B2B) relations.

Article 1 — Orders

1.1 Contract Formation: The sale is only deemed perfect and definitive from the moment the goods are actually dispatched by the Seller. The mere receipt confirmation of an order by email does not constitute definitive acceptance of the sale.

1.2 Personal Character and Non-Assignability: Every order is concluded intuitu personae. The benefits of the order are strictly personal to the Client and may not be assigned, transferred, or delegated to another legal entity or a third party without the prior, express, and written agreement of the Seller.

1.3 Confidentiality: The Client commits to treating the terms of the order, particularly any special pricing conditions granted by the Seller, as strictly confidential.

1.4 Modification and Cancellation: Any request to modify an order must be notified in writing within four (4) business days following the submission of the order and imperatively before any dispatch. Subject to this adjustment period, orders confirmed by the Seller are firm and definitive. No cancellations are accepted.

Article 2 — Products and Contractual Conformity

2.1 Contractual Value of Media: Notwithstanding standard commercial practices, the photographs, technical descriptions, and detailed characteristics featured on the LYNXSPORT B2B website (www.lynxsport.eu) constitute the exclusive contractual basis of the sale.

2.2 Client's Obligation to Inform: The Client, as a professional, has the obligation to systematically consult the product page, examine the photographs, and carefully read the technical description before validating each order. It is expressly agreed that, except for a specific individual agreement concluded in writing between the parties, only the Seller's website determines what is contractual.

2.3 Availability: Offers are valid subject to stock availability. In case of unavailability, the Seller will offer a substitute product or a refund. No further compensation may be claimed.

Article 3 — Pricing

Prices are indicated in Euros, exclusive of tax (Net/HT). For deliveries outside of Germany, the Client is responsible for paying all applicable customs duties, local taxes, or import taxes. Quotes are valid for thirty (30) days.

Article 4 — Payment Terms

4.1 Payment Methods: Payments are made exclusively by SEPA Direct Debit or Bank Transfer.

In the case of SEPA Direct Debit, if the debit is rejected for a reason attributable to the Client (including insufficient funds, unjustified revocation, or incorrect bank details), a flat-rate administrative and banking fee of twenty (20) Euros will be invoiced to the Client for each incident. The Client nevertheless retains the right to prove that the damage actually suffered by the Seller due to this rejection is zero or significantly lower than this flat rate.

4.2 Deadlines and Late Penalties: Unless otherwise specified, payment is due upon receipt of the invoice. The maximum payment term is thirty (30) days net. Any late payment automatically triggers the application of late penalties calculated at the rate of nine (9) percentage points above the European Central Bank's base interest rate, as well as a flat-rate recovery indemnity of forty (40) Euros.

4.3 Acceleration Clause: The failure to pay a single invoice makes all of the Seller's outstanding receivables immediately due and authorizes the suspension of any deliveries in progress.

Article 5 — Retention of Title

The Seller retains full ownership of the sold products until full payment of the principal amount and any accessories. In the event of non-payment or insolvency proceedings, the Seller may claim the unpaid products.

Article 6 — Delivery, Transfer of Risk, and Mandatory Inspection

6.1 Modalities and Exemption from Penalties: Delivery times are indicative. Delivery delays can under no circumstances justify the cancellation of the order, refusal of the goods, nor give rise to any claim for damages, delay penalties, fines, or financial withholdings of any kind by the Client.

6.2 Transfer of Risk and Strict Inspection: The transfer of risk occurs upon handover of the products to the carrier at the Seller's premises (Sale on Dispatch). Upon receipt of the delivery, the Client is strictly obliged to examine the order. The Client must imperatively check the external condition of the parcels in the presence of the delivery driver and precisely note any written reservations on the carrier's delivery slip upon signature.

The opening and rigorous verification of the contents (absence of internal damage or missing parts) must be carried out immediately after receipt. Any damage or missing item must be notified to the Seller without delay. Failing written reservations on the transport slip and immediate notification after opening, the Client expressly accepts that the order has been perfectly executed, presents no damage, and has no missing items.

Article 7 — Receipt and Claims

Any non-conformity not related to transport (hidden defects) must be notified in writing to info@lynxsport.eu within forty-eight (48) hours. After this period, the products are deemed compliant. No returns are accepted without the Seller's prior written agreement.

Article 8 — Warranty and Liability

8.1 Warranty (Replacement Only): The warranty is strictly limited to the replacement of parts or products recognized as defective. The Seller does not carry out any repairs. This warranty excludes normal wear and tear and inappropriate use.

8.2 Limitation of Liability: The Seller is not liable for indirect damages, loss of business, or loss of profit. The global liability of the Seller, for all damages combined, is expressly capped at the net (pre-tax) amount of the items in the order concerned.

This limitation of liability does not apply, however, in cases of gross negligence, intentional misconduct, or injury to life, body, or health, for which the Seller's legal liability remains fully in effect under mandatory provisions of German law.

Article 9 — Returns and Cancellations

Custom or personalized products cannot be returned or exchanged. For other products, return costs are strictly the responsibility of the Client. Products must imperatively be returned in new condition, having not been used in any way, and in their original packaging.

Article 10 — Force Majeure

Execution of obligations is suspended in the event of force majeure (natural disasters, strikes, global supply shortages).

Article 11 — Data Protection (GDPR)

Professional data is processed for contract management. The Client has rights of access and rectification via info@lynxsport.eu.

Article 12 — Intellectual Property

All website elements and product visuals are the exclusive property of LYNXSPORT GmbH.

Article 13 — Applicable Law and Jurisdiction

13.1 Applicable Law: These T&Cs and the entirety of the contractual relations are exclusively governed by the laws of the Federal Republic of Germany, expressly excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

13.2 Exclusive Jurisdiction: Any dispute will be submitted to the exclusive jurisdiction of the courts corresponding to the registered office of Lynxsport GmbH (Lichtenau, Germany).

13.3 Language of the Contract: These T&Cs are drafted in English. In the event of a dispute or discrepancy with a translation, this English version shall prevail.