§1 Scope of our GTC
(1) Orders placed with sports and more Ltd. by customers and companies are subjected exclusively to these general terms and conditions.
(2) Contract partner is sports and more Ltd. represented by its managing director, Marco Mercieca. The company’s registered office is located in San Gwann / Malta. sports and more Ltd. is registered in the commercial register of Malta under the number C 64560.
(3) sports and more Ltd. is listed under the VAT identification number MT21784227.
(4) The subject-matter of a contract between a customer and Metrics Media Ltd. is the ordering of goods and the booking of courses in connection with the online shop of sports and more Ltd. / letsbands.com, i.e. usually sport devices, sport articles, sport DVDs and workouts.
(5) Conditions of the ordering party that contradict or deviate from our conditions are only acknowledged if we have explicitly agreed to their applicability in writing. Our terms of sale also apply in the event we deliver unconditionally to the customer despite our knowledge of contradicting or deviating terms and conditions of the customer.
§2 Use of the online shop and contract conclusion
(1) By clicking on the “Checkout” button the customer submits a legally binding offer to Metrics Media Ltd. to purchase the requested product. The receipt of the customer’s order is confirmed to him by way of an automatically generated confirmation email. Confirmation of receipt does not represent acceptance of the customer’s offer. A contract purchase comes into existence when the customer receives a second email, an order confirmation or the ordered goods. We store the contract text electronically.
(2) The customer is bound to orders for out-of-stock products for a period of two weeks. If the customer does not exercise his right to withdraw, which he is herewith granted, during the two-week period then the contract shall remain in force regardless of when the ordered item becomes available again.
§3 General course bookings
(1) The invoice serves as confirmation of a booking. Under no circumstances shall Metrics Media Ltd. be held liable for forwarding route descriptions, changes to course dates and locations, especially when booker and participant are not identical.
(2) Metrics Media Ltd. retains the explicit right to postpone or cancel events without replacement for good reason. Participants will be informed in good time; course fees for cancelled events will be credited to the customer. The same applies in the event of a postponement if so desired by the customer. Any cancellation charges for hotels or tickets will not be reimbursed by Metrics Media Ltd. The same applies to other compensation claims raised by the customer. Participants are obligated to provide a telephone number when placing a booking under which they can be reached in urgent circumstances (cancellations, date changes, etc.).
(3) Sport devices and documents will be handed out at the beginning of an event. Participants are hereby made expressly aware that the copyright for all publications lies with Metrics Media Ltd. or its licensors and that the reproduction or dissemination of the same requires the approval of the management at Metrics Media Ltd. Violations will be punished by a fine of at least €1,000.
§4 Delivery times and delivery delays
(1) We will inform the customer in good time if we should be unable to adhere to the delivery deadline. Disruptions to our business operations or those of our suppliers for which we are not responsible, in particular strikes and lawful lockouts and force majeure, shall extend the delivery period according to the period of disruption.
(2) Our obligations to deliver apply under reservation of a proper and timely delivery on the part of our suppliers. I.e.: we can withdraw from the contract or will be released from our obligation to deliver insofar as our supplier fails to deliver or fails to deliver on time or correctly, on condition that we had concluded a congruent hedging transaction with all due diligence.
(3) Under such circumstances the customer shall only be entitled to withdraw if he sends a reminder to provide the agreed performance on expiry of the delivery deadline, grants a reasonable period of grace and the period of grace also expires fruitlessly. If the delivery period is determined by the calendar then the reasonable period of grace to be granted by the customer shall begin with its expiry.
§5 Payment terms – Shipping costs
(1) The cost of a product, its shipping costs and a description of the product are displayed before an order can be placed. This sum (purchase price and shipping costs) is a component of the contract brought into existence in accordance with § 2.
(2) All prices include the VAT applicable in Malta at the time of purchase. They apply ex-works and excluding packaging and any other shipping or transport costs. The price at the time of order applies.
(3) The shipping costs for shipments of up to 2 kg are calculated as follows:
(4) A discount can only be deducted if agreed separately in writing or expressly stated on the invoice and if the deadline agreed upon or noted on the invoice is adhered to. Any discount is subject to the settlement of all other liabilities of the customer older than 30 days that result from his business relationship with us.
(5) The invoiced amount is payable exclusively via PayPal or Visa Card.
(6) Payment by cheque or bill of exchange is only possible with our express written consent. Cheques and bills of exchange are only accepted only on account of performance. The fees and costs associated with payment by cheque or bill of exchange and the risk of delayed submission and protesting shall be borne by the customer. Payment by bill of exchange excludes any discounts.
§6 Offsetting and retention
(1) Offsetting against a claim or retention is excluded unless the counterclaim or right of retention are uncontested with regard to reason and amount or have been ascertained by a court of law.
(2) The preceding stipulation according to Section 1 does not affect the customer’s right to sue.
§7 Retention of title
(1) We retain ownership of the ordered goods until all demands arising from the delivery contract to which we are entitled are paid in full.
(2) As long as our retention of title to the goods exists the customer shall not (i) dispose over the goods or (ii) make them available to third parties for use.
(3) If the customer is a business person who conducts purchases within the scope of a self-employed or commercial activity, a legal entity under public law or special fund under public law then the retention of title shall apply to all outstanding claims resulting from the current business relationship until the settlement of the claims relating to the purchase. The retention of title shall cease to exist when the customer has settled all of the claims relating to the purchase and has provided collateral security for the remaining claims resulting from the current business relationship.
(1) We shall not be held liable for the availability and accessibility of our website.
(2) Liability for slight negligence is excluded. This does not apply in the event of injury to health or life and limb; liability in these cases shall be without limitation. These liability stipulations also apply to obligation violations of our vicarious agents.
(1) We reserve the right to discontinue in part or in whole the services and performance made available through our websites at any time and without explanation. We shall not be liable in such circumstances for compensation or loss of profits.
(2) In the event of event cancellations (especially training events or courses), participants will be informed at the latest 7 days prior to the event by email or by telephone and the course fees transferred to another course on request or credited to the participant. Any cancellation charges for hotels or tickets will not be reimbursed by Metrics Media Ltd.
(3) Any liability for personal injury or material damage incurred at events of Metrics Media Ltd. is excluded. Participation is at the risk of the participant.
§10 Partial invalidity of stipulations
If a provision of this contract is or becomes invalid or contestable, this shall not affect the validity of the remaining provisions.
§11 Place of jurisdiction
(1) If the customer is a consumer then the place of jurisdiction shall be determined by the German Code of Civil Procedure and the German Civil Code.
(2) If the customer is a business person, a legal entity under public law or special fund under public law then the exclusive place of jurisdiction shall be the place where Metrics Media Ltd. has its registered office. San Gwann is agreed as the place of fulfilment.
(3) The place of jurisdiction shall also be the place where Metrics Media Ltd. has its registered office in the event the customer does not have a general place of jurisdiction in his home country or if he relocates his home or habitual place of residence after contract conclusion or if his habitual place of residence is unknown.
(4) We are entitled to take action against the customer at the court responsible for his place of residence or at any other competent court under national and international law.
§12 Choice of law
The law of Malta applies under the exclusion of CISG (Convention on Contracts for the International Sale of Goods).
14 Day guarantee - all products
All Sports and More Ltd. products are returnable within 14 days from the date of purchase for an exchange or refund. A refund of the purchase price (excluding shipping and handling charges) will be applied to the same credit card that was used for the original order. We do not offer cash refunds. All shipping charges, both outbound and return. will be at the buyer’s expense. After 14 days, items may not be returned for a refund or exchange.
90 days limited warranty - all products
sports and more ltd warrants to the original consumer purchaser of any Let'S BAnds product it manufactures that the product will be free of defects in materials or workmanship for 90 days from the date of purchase. This warranty does not cover damages resulting from accident, misuse, abuse, anticipated wear, lost merchandise or damage from the elements. Do not leave products outside, as prolonged exposure to sun and rain will degrade them. Damage of this nature is NOT covered under warranty. If your product breaks within the warranty period, please send an email to info ( L ) letsbands.com Customer Service. After receiving an email from us, return the defective product with the number clearly indicated and a warranty replacement will be shipped to you free of charge. All shipping charges on ALL returns will be at the buyer's expense. Only valid in the USA.
Revocations should be sent to:
sports and more Ltd., represented by Marco Mercieca
Suite 2, International House, Naxxar Road
SGN 9032 San Gwann
Email address: info(at)letsbands.com
Fax: +356 2136 0145
If the product is damaged in transit due to shipper neglect, please contact Customer Service immediately. sports and more ltd will schedule a pick-up and a replacement product will be sent.
Consequences of revocation: In case of a valid revocation, both parties must return the received goods or services as well as any derived benefits (e.g. interest). You must provide us with compensation to the extent you are unable to return the received goods or services in whole or in part or only in a deteriorated condition. This does not apply to relinquished items if the deterioration in the item is exclusively attributed to its examination – as might have been possible in a retail shop for example. Goods eligible for return by post (packages) will be returned at your risk. You are responsible for the regular shipping costs of returned goods if the goods delivered to you are what you ordered and if the value of the goods being returned does not exceed 40 euro or, for goods with a higher value, if you have not made complete or a contractually agreed part payment at the time the goods are returned. In all other cases, returning goods will be free of charge. Goods that cannot be returned by post will be collected. Obligations to reimburse payments must be met within 14 days. For you, this time period begins on the day you dispatch the goods or your notice of cancellation; for us, it begins on the day we receive them.
End of the information on revocation.