§ 1 Scope, form

(1) These General Terms and Conditions (GTC) apply to all our, Schockemöhle Sports GmbH, business relationships with our customers ("buyers") who are consumers within the meaning of § 13 BGB.

(2) The GTC apply in particular to contracts for the sale and/or delivery of movable goods ("goods"). Unless otherwise agreed, the GTC in the version valid at the time of the Buyer's order or in any case in the version last communicated to the Buyer in text form shall apply to similar future contracts, without us having to refer to them again in each individual case.

(3) Our T&Cs apply exclusively. Deviating, conflicting or supplementary general terms and conditions of the buyer shall only become part of the contract if and to the extent that we have expressly agreed to their validity. This consent requirement applies in any case, for example even if the buyer refers to his general terms and conditions in the context of the order and we do not expressly object to this.

(4) Legally relevant declarations and notifications by the buyer in relation to the contract (e.g. setting a deadline, notification of defects, rescission or reduction) must be submitted in writing. Written form within the meaning of these terms and conditions includes written and text form (e.g. letter, e-mail, fax).

§ 2 Conclusion of Contract, Cancellation

(1) Our offers are subject to change and non-binding. The presentation and promotion of items on our website and in our catalogues does not constitute a binding offer to conclude a purchase contract. This also applies if we have provided the buyer with catalogues, other product descriptions or documents – also in electronic form.

(2) The order of the goods by the buyer shall be deemed to be a binding contractual offer. Unless otherwise stated in the order, we are entitled to accept this contract offer within four weeks of its receipt by us.

(3) Acceptance can be declared either in writing (e.g. by order confirmation) or by delivery of the goods to the buyer. The sending of an order confirmation does not constitute a binding acceptance of the order, unless it declares acceptance in addition to the confirmation of receipt.

(4) The language of the contract is German. The text of the contract will be stored by us.

§ 3 Right of revocation

(1) If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to your commercial or self-employed professional activity), you have a right of withdrawal in accordance with the statutory provisions.

(2) In all other respects, the right of withdrawal is governed by the provisions set out in detail in the following

-Cancellation-

You
have the right to withdraw from this contract within 14 days without giving reasons.

The withdrawal period is:

- in the case of delivery of the goods(s) in a consignment/delivery, 14 days from the day on which you or a third party designated by you who is not the carrier have taken possession of the goods.

- in the case of partial delivery (consignment/delivery of several goods in more than one consignment/delivery), 14 days from the day on which you or a third party designated by you who is not the carrier took possession of the last goods.

- in the case of partial delivery (delivery of goods in more than one part or piece) 14 days from the day on which you or a third party designated by you, who is not the carrier, have taken possession of the last part or piece of goods.

To exercise your right of withdrawal, you must contact us

Schockemöhle Sports GmbH

Kötterhof 8

49439 Mühlen – Germany

Phone +49 (0) 5492 / 41779-0

Fax +49 (0) 5492 / 41779-10

Mail info@schockemoehle-sports.com

by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. For this purpose, you can use the sample withdrawal form attached to the cancellation policy under the tab "Cancellation policy", which is not mandatory.

In order to comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of revocation

If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within 14 days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless otherwise expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment. We may withhold refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us without undue delay and in any event no later than 14 days from the day on which you inform us of the withdrawal from this contract. The deadline is met if you send the goods before the expiry of the period of 14 days.

You will be responsible for the direct costs of returning the goods. You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, characteristics and functioning of the goods.

- End of the cancellation policy -

(3) Unless we have agreed otherwise, the right of revocation does not apply to the following contracts:

(a) contracts for the supply of goods which are not prefabricated and the production of which is subject to individual selection or determination by the consumer or which are clearly tailored to the personal needs of the consumer;

(b) contracts for the supply of goods which are likely to deteriorate rapidly or whose expiry date would be rapidly exceeded;

(c) contracts for the supply of sealed goods which are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery;

(d) contracts for the supply of goods, if these have been inseparably mixed with other goods after delivery due to their nature;

(e) contracts for the supply of alcoholic beverages, the price of which was agreed upon at the time of conclusion of the contract, but which can be delivered no earlier than 30 days after the conclusion of the contract and the current value of which depends on fluctuations in the market over which the trader has no control;

(f) contracts for the supply of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery;

(g) Contracts for the supply of newspapers, magazines or magazines, with the exception of subscription contracts

(5) The goods are not prefabricated within the meaning of § 3 (3) (a) and for the production of which an individual selection or determination by the consumer is decisive or clearly tailored to personal needs, if they are so individualized by your wishes that they are economically worthless for us in the event of their return, because we can only sell them elsewhere with considerable difficulties or price reductions. In the case of products that are individualized according to your wishes, this is particularly the case if they cannot simply be dismantled into their individual parts and reassembled according to different customer specifications in the event of assumed return.

§ 4 Prices, Terms of Payment, Right of Set-Off and Right of Retention

(1) Unless otherwise agreed in individual cases, our current prices at the time of conclusion of the contract shall apply, i.e. ex stock. All prices on our website are gross prices including the statutory value added tax and are exclusive of VAT if applicable. shipping costs.

(2) If, after the conclusion of the contract and before delivery, the procurement costs, e.g. If the transport costs or the procurement prices of raw materials change by more than 10%, we are entitled to adjust our prices to the changed market conditions. This applies to price increases as well as price decreases. In this case, the buyer will be informed of the changed prices in text form. The buyer has the right to declare the termination of the contract.

(3) In the case of a consignment purchase, the buyer bears the transport costs from stock and the costs of any transport insurance requested by the buyer. Any customs duties, fees, taxes and other public charges shall be borne by the buyer. The incurred will be shown separately in the course of the ordering process and must be borne by you additionally, unless free delivery is promised.

(4) The purchase price as well as the shipping costs are due immediately from the date of invoicing without deduction. If the buyer does not pay within 10 days from the date of invoicing and delivery or acceptance of the goods, he will be in default without the need for a reminder.

(5) The buyer can pay using one of the payment methods offered. We reserve the right to exclude individual payment methods.

(6) During the period of default, interest shall be payable on the claim at the statutory default interest rate applicable from time to time. We reserve the right to assert further damage caused by delay.

(7) If, after conclusion of the contract, it becomes apparent that the fulfilment of the payment claim is jeopardised by the customer's inability to pay, the seller is entitled to demand advance payments, to withhold goods that have not yet been delivered and to cease further work on orders that are still in progress. The Seller shall also be entitled to these rights if the Customer is in default of payment for a delivery based on the same legal relationship. § 321 BGB remains unaffected.

(8) If the consideration for the delivery of goods by the Seller is deferred on the basis of a contractual agreement or if there is a current account agreement, the entire outstanding balance of the receivables shall be settled immediately by the Customer if the Customer is in default of payment, the Customer culpably violates a contractual agreement, the Customer violates or endangers the retention of title, there is a significant deterioration in the Customer's financial situation, or suspension of payments, non-discountable bills of exchange, bills of exchange or cheque protests or enforcement measures against the customer.

(9) The buyer shall be entitled to a right of set-off only to the extent that his claim has been legally established or is undisputed. You are also entitled to offset against our claims if you assert notices of defects or counterclaims from the same purchase contract. As a buyer, you may only exercise a right of retention if your counterclaim arises from the same purchase contract.

§ 5 Delivery Period, Delay in Delivery, Terms of Delivery, Force Majeure

(1) The delivery period will be agreed individually or specified by us upon acceptance of the order. These are approximate delivery times (approximate deadline).

(2) If we are unable to meet binding delivery deadlines for reasons for which we are not responsible (e.g. unavailability of the goods), we will inform the buyer of this without delay and at the same time inform him of the expected new delivery period. If the goods are not available within the new delivery period, we are entitled to withdraw from the contract in whole or in part; any consideration already provided by the buyer will be refunded immediately. Unavailability of the goods exists, for example, if our supplier does not supply the goods on time, if we have concluded a congruent hedging transaction, in the event of other disruptions in the supply chain, for example due to force majeure, or if we are not obliged to procure in individual cases.

(3) Delivery shall be made from the warehouse, where the place of performance for the delivery and any subsequent performance is. At the request and expense of the buyer, the goods will be shipped to another destination (mail-order purchase). Unless otherwise agreed, we are entitled to determine the type of shipment (in particular transport company, shipping route, packaging) ourselves.

(4) We are entitled to make partial deliveries insofar as this is reasonable for the buyer.

(5) In cases of force majeure which entail unforeseeable consequences for the performance of services, the Contracting Parties shall be released from their performance obligations for the duration of the disruption and to the extent of its effect. Force majeure is any event beyond the control of the respective Party that prevents it from fulfilling its obligations, in whole or in part. These include, but are not limited to: industrial disputes, civil unrest, armed or terrorist conflicts, natural disasters, official orders and epidemics. This does not entail an automatic termination of the contract. The affected party shall promptly notify the other party of such an obstacle and shall adjust its contractual obligation in good faith to the changed circumstances.

§ 6 Retention of Title

(1) The delivered goods (goods subject to retention of title) remain our property until all claims to which we are entitled against the buyer now or in the future have been satisfied, including all balance claims from current accounts. If the buyer acts in breach of contract – in particular if he has defaulted on the payment of a fee claim – we have the right to withdraw from the contract after we have set a reasonable deadline for performance. The transport costs incurred for the return are borne by the buyer. If we take back the goods subject to retention of title, this already constitutes a withdrawal from the contract. It also constitutes a withdrawal from the contract if we seize the goods subject to retention of title. We are allowed to recycle goods that have been taken back by us. The proceeds of the sale will be offset against the amounts owed to us by the buyer after we have deducted a reasonable amount for the costs of the exploitation.

(2) The buyer must treat the goods subject to retention of title with care. At his own expense, he must insure them against fire, water and theft damage at their replacement value. If maintenance and inspection work becomes necessary, the buyer must carry it out in a timely manner at its own expense.

(3) The buyer may use the goods subject to retention of title and resell them in the ordinary course of business as long as he is not in default of payment. However, he may not pledge the goods subject to retention of title or transfer them as security. As a precautionary measure, the buyer assigns to us in full the buyer's claims against its customers from a resale of the goods subject to retention of title as well as those claims of the buyer in respect of the goods subject to retention of title that arise against its customers or third parties for any other legal reason (in particular claims arising from tort and claims for insurance benefits), including all balance claims from current accounts. We accept this assignment.

The buyer may collect these receivables assigned to us on his own account in his own name, as long as we do not revoke this authorisation. This does not affect our right to collect these debts ourselves; however, we will not enforce the claims ourselves and will not revoke the direct debit authorisation as long as the buyer duly meets his payment obligations.

However, if the buyer acts in breach of contract – in particular if he has defaulted on the payment of a payment claim – we may require the buyer to inform us of the assigned claims and the respective debtors, to notify the respective debtors of the assignment and to provide us with all documents and all the information we need to assert the claims.

(4) Any processing or transformation of the goods subject to retention of title by the buyer will always be carried out on our behalf. If the goods subject to retention of title are processed with other items that do not belong to us, we acquire co-ownership of the new item in proportion to the value of the goods subject to retention of title (final invoice amount including VAT) to the other processed items at the time of processing. In all other respects, the same applies to the new item resulting from processing as to the goods subject to retention of title.

If the goods subject to retention of title are inseparably combined or mixed with other items that do not belong to us, we shall acquire co-ownership of the new item in the ratio of the value of the goods subject to retention of title (final invoice amount including VAT) to the other connected or mixed items at the time of the combination or mixing. If the goods subject to retention of title are combined or mixed in such a way that the buyer's item is to be regarded as the main item, the buyer and we already agree that the buyer will transfer to us a share of co-ownership of this item. We accept this transfer.

The resulting sole ownership or co-ownership of an object will be kept by the buyer for us.

(5) In the event of seizure of the goods subject to retention of title by third parties or in the event of other interventions by third parties, the buyer must point out our ownership and must notify us immediately in writing so that we can enforce our property rights. If the third party is unable to reimburse the judicial or extrajudicial costs incurred by us in this context, the buyer is liable for this.

(6) If the buyer so requests, we are obliged to release the securities to which we are entitled to the extent that their realisable value exceeds the value of our outstanding claims against the buyer by more than 10%. However, we are allowed to select the collateral to be released.

§ 7 Claims for defects by the buyer

(1) We are liable for material defects or defects of title of delivered articles in accordance with the applicable statutory provisions, in particular §§ 434 et seq. BGB.

(2) The basis of our liability for defects is primarily the agreement made on the quality and the presumed use of the goods (including accessories and instructions). In this sense, all product descriptions and manufacturer's information that are the subject of the individual contract or that were made public by us (in particular in catalogues or on our Internet homepage) at the time of conclusion of the contract are considered to be quality agreements. Insofar as the quality has not been agreed, it is to be assessed in accordance with the statutory regulation whether a defect exists or not (§ 434 para. 3 BGB). Public statements made by the manufacturer or on his behalf, in advertising or on the label of the goods, take precedence over statements made by other third parties.

(3) As a matter of principle, we are not liable for defects that the buyer is aware of at the time of conclusion of the contract or that he is not aware of due to gross negligence (§ 442 BGB).

§ 8 Liability

(1) Unless otherwise stated in these GTC, including the following provisions, we shall be liable in the event of a breach of contractual and non-contractual obligations in accordance with the statutory provisions.

(2) We are liable for damages – regardless of the legal basis – within the scope of fault liability in the event of intent and gross negligence. In the event of simple negligence, subject to statutory limitations of liability, we shall only be liable

a) for damages resulting from injury to life, limb or health, in accordance with the Product Liability Act and the applicable data protection regulations;

b) for damages resulting from the breach of an essential contractual obligation (obligation the fulfilment of which is essential for the proper performance of the contract in the first place and on the observance of which the contracting party regularly relies and may rely); in this case, however, our liability is limited to compensation for the foreseeable, typically occurring damage.

(3) The limitations of liability resulting from paragraph 2 shall also apply to third parties as well as to breaches of duty by persons (including for their benefit) whose fault we are responsible for in accordance with statutory provisions. They do not apply to the extent that a defect has been fraudulently concealed or a guarantee has been assumed for the quality of the goods and for claims of the buyer under the Product Liability Act.

(4) The limitations of liability resulting from paragraphs 2 and 3 shall not apply to the extent that we have fraudulently concealed the defect or assumed a guarantee for the quality of the item. The same applies to the extent that we have made an agreement with you about the nature of the matter.

(5) Due to a breach of duty that does not consist of a defect, the buyer can only withdraw or terminate if we are responsible for the breach of duty. A free right of termination of the buyer (in particular according to §§ 650, 648 BGB) is excluded. In all other respects, the legal requirements and legal consequences apply.

§ 9 Choice of Law

(1) The law of the Federal Republic of Germany shall apply to these GTC and the contractual relationship between us and the buyer to the exclusion of uniform international law, in particular the UN Convention on Contracts for the International Sale of Goods.

§ 10 Written form clause

There are no ancillary agreements. Changes and additions to this contract must be made in writing. This also applies to the amendment of this written form requirement itself. This does not apply to individual contractual agreements within the meaning of Sd. § 305b BGB.

§ 11 Severability

Should individual provisions of these terms and conditions be or become invalid or unenforceable in whole or in part, this shall not affect the validity or enforceability of the remaining provisions of these terms and conditions. The invalid or unenforceable provisions are to be replaced by those that come closest to the meaning and purpose of the entire terms and conditions as well as the other contractual agreements in fact, legal and economic terms. The same applies in the event that the conditions are incomplete.

I.             Customer Information

Reference to the EU Platform for Online Dispute Resolution

The European Commission provides a platform for Online Dispute Resolution (ODR), which you https://ec.europa.eu/consumers/odr/ find here. Consumers have the opportunity to use this platform for resolving their disputes. We do not participate in a dispute resolution procedure before a consumer arbitration board.

As of April 2024