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Terms of trade and delivery

1. We will deliver packages in Germany on outstanding account or if desired, cash on delivery. For initial orders of new customers we reserve the right to do cash on delivery. Outside of Germany we deliver on principle by payment in advance plus shipping fees and bank expenses, or via credit card payment plus shipping fees.
   
   
2. Consumers with residence in Germany in the legal sense of § 13 BGB have the right to revoke their declaratory act towards conclusion of a contract within two weeks after receipt of goods. This is not valid for "Fernabsatz" contracts delivering goods that have been produced with the customer`s specification or that are explicitly created for the consumers` individual needs. The revocation needs no reason and has to be declared either in a written form or by returning the goods. The observance of the deadline is fulfilled by an in-time dispatch of goods.
   Using power of revocation, the consumer in Germany is obliged to return the goods as shipment via box if possible. Costs for return shipment have to be paid by the revoking consumer for an order value up to 40,00 EUR, unless the delivered products do not correspond with the ordered ones. For an order amount higher than 40,00 EUR the consumer does not have to pay the costs for the return shipment.
   The consumer has to pay compensation for the value for a deterioration caused by the intended use of the goods. The consumer may examine the goods cautiously and thoroughly. The decrease in value that beyond a purely examination use leads to the fact that the goods can not be sold as "new" any more and has to be compensated by the consumer.
   We are pointing out that order discounts or special bonuses will be corrected or claimed back if the customer does not reach the necessary order value any more after return of goods.
   
   
3. In Germany all articles of a minimum order value of 75,00 EUR are delivered free of any additional shipping fee. Up to an order amount of 75,00 EUR a fixed shipping rate of 4,50 EUR will be charged. Our international shipping rates and minimum order values can be deducted from the chart below. The prices are valid for one box up to a weight of 20 kg. Freight costs for shipment of major items like tables available on request. Please be aware that due to the different shipping services and destinations the running time of shipments can vary between 2 to 12 working days after despatch from our warehouse. For customers outside the European Union additional custom fees may occur.

   country/ zone	Minimum order value	Freight costs		Approx. Running time
   		< 75 €	> 75 €	(in working days, not binding)
   Germany	No minimum order value	4,50 €	free	1-2 days
   			> 80 €
   Austria , Luxembourg, Great Britain	80,- € minimum		9,90 €	2-3 days
   Remaining EU-countries/ Switzerland	80,- € minimum		14,90 €	2-7 days
   Eastern Europe – Non-EU-countries	80,- € minimum		23,00 €	5-12 days
   Overseas	80,- € minimum		29,00 €	5-12 days

   
   
   
4. The relevant prices of valid catalogues, special discount lists or the online shop offer of the date of order income apply. Inside the European Union these prices include VAT which is published separately on the invoice. For orders from outside the European Union the published prices will undergo a 19% VAT deduction which may have to be transferred to the government in the home country.
   
   
5. Shipment of goods will be no later than 5 days after order is received if items are on stock. In case of a delivery delay we will inform you immediately.
   
   
6. For selection or test shipments to clubs in Germany:
   Selection or test shipments are being charged. This applies for the delivered items, testing fee and the enclosed return-freeway-sticker. However, the amount does not become due until 30 days later. At this point the contract becomes valid. The contract for the testing material adopts when we receive the selection or test order. If the club returns the selection or test order within 30 days, the sales price for the invoiced items will be credited to its account. If the club places an order of minimum 100,00 EUR on the selected/tested goods after examination of the selection or test shipment the testing fee will also be credited. The shipping fee charged for the return shipment (freeway-sticker) has to be paid by the club in any case. Damaged or missing items of the selection or test shipment will always be charged and not credited. The return shipment of selection or test shipments is always at the shipper's risk.
   
   
7. Payment in Germany without any deduction right after receipt of goods, by credit card without any deduction, by debit note within 8 days with a 2% discount or via cash on delivery with a 2% discount plus € 4,18 cash on delivery charge of Deutsche Post AG plus € 2,00 remittance fee. The proof of lower costs is reserved to the customer. For payment from outside of Germany please refer to Point # 1.
   
   
8. We reserve the ownership of the goods until complete payment of invoice amount.
   
   
9. Damage claims due to goods deficit are limited to the typically foreseeable damages resulting from it. Excluded from this limitation are claims caused by the violation of life, the body or health if we have to warrant the neglect of duty and other damages based on an intentional or gross negligent neglect of duty by ourselves. A neglect of duty by ourselves is equivalent to one of a legal representative or an executing aide directly. Excluded from this exception are also damage claims for defects of quality that we maliciously withheld or where we took over a quality guarantee for their non-existence.
   
   
10. For slightly negligent neglects of duty, which are not a defect of quality, our warranty is restricted to the predictable, contract-typical, direct average defect related to the product. This also applies for a slightly negligent neglects of duty of our legal representative or executing aides. Excluded from the limitation of liability mentioned before are a customer's damages of the body or health or loss of life which are our fault.
    
    
11. The limitations of liability according to Point # 9. and 10. do not cover any claims of product liability.
    
    
12. The law of the Federal Republic of Germany applies. The regulations of the UN-law on sales do not apply. If the consumer is protected by compulsory regulations of the valid law in the country of his usual residence beyond the above mentioned German law, the compulsory regulations of the law of the country of his usual residence will apply for the cases of Art. 29 Abs. 1 Ziff. 1-3 EGBGB.

Power of revocation

Consumers with residence in Germany in the legal sense of § 13 BGB have the right to revoke their declaratory act towards conclusion of a contract within 14 days after receipt of goods. This is not valid for "Fernabsatz" contracts delivering goods that have been produced with the customer’s specification or that are explicitly created for the consumers` individual needs. The revocation needs no reason and has to be declared either in a written form or by returning the goods. The observance of the deadline is fulfilled by an in-time dispatch of goods. Using power of revocation, the consumer in Germany is obliged to return the goods as shipment via box if possible. Costs for return shipment have to be paid by the revoking consumer for an order value up to 40,00 EUR, unless the delivered products do not correspond with the ordered ones. For an order amount higher than 40,00 EUR the consumer does not have to pay the costs for the return shipment. The revocation has to be addressed to:

Schöler & Micke GmbH
Alte Strasse 59,
44143 Dortmund, Germany,
Telefax: 0231/958844,
E-Mail: s-m@schoeler-micke.de

The power of revocation is not existent for delivery of goods that have been produced with the customer’s specification or that are explicitly created for the consumers` individual needs.
Your power of revocation terminates early if the partner of contract has started the fulfilment of service with your explicit agreement before expiry of the revocation deadline or if you have initiated it yourself.

Yours,
schöler+micke GmbH

Data security

1. We protect the transmission of your order data by a secure socket layer (RSA 1024 bit and TripleDES 112/128 bit)
   
   
2. The schöler+micke Sportartikel-Vertriebs-Ges. mbH takes the protection of personal data seriously. We will use the entrusted data of your order only for the order handling and advertisement. Your address will if necessary be given to trustworthy serious business partners only. This is done under strict control of data security regulations. In case you would like to exclude the forwarding of your data you can send an email to datenschutz@schoeler-micke.de at any time.

INFORMATION:

Schöler & Micke Sportartikel-Vertriebs-Ges. mbH
Alte Strasse 59
44143 Dortmund
Telefon +49 (0)231.95 88 - 0 · Telefax +49 (0)231.95 88 44
Amtsgericht Dortmund HRB 4840
UST-ID-Nr: DE 12 49 09.081
Geschäftsführer: Wilfried Micke, Ralf Wosik
eMail: s-m@schoeler-micke.de