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Terms and Conditions

General Terms and Conditions of Business of Roeckl Sporthandschuhe GmbH & Co. KG
Status: October, 2014

1. Offers and agreements concluded
1.1 Exclusively these general terms and conditions of business shall apply to our offers, agreements
concluded, and any services and ancillary services, as well as charging for the latter. We do not acknowledge any terms and conditions of the purchaser which deviate from, are in conflict with or deviate from the latter. Any terms and conditions of the purchaser shall only apply if we explicitly agree to them in writing. Our conditions of sale shall also apply if, in awareness of conflicting conditions of the purchaser or any which deviate from our terms and conditions of business, we carry out the delivery to the purchaser without reservation.
1.2 We sell our goods and other services exclusively to entrepreneurs within the meaning of Sec.14
German Civil Code (BGB). These General Terms and Conditions of Business apply exclusively to business transactions concluded with entrepreneurs, legal persons under public law or special funds governed by public law within the meaning of Sec. 310(1) German Civil Code.
1.3 Our General Terms and Conditions of Business shall also apply to any future business with the
1.4 Any provisions agreed with the supplier in the individual case (including any subsidiary agreements,
additions and amendments) shall, in any case, take precedence over these general terms and conditions. A written contract or our written acknowledgement shall be decisive in regard to such agreements.
1.5 Even orders placed only verbally shall be binding upon the purchaser. We usually only confirm the
order, on our part, if the purchaser explicitly requests us to do so.
1.6 Any legally significant declarations and announcements to be submitted to us by the purchaser
following conclusion of the agreement (e.g. the setting of deadlines, notice of defects, declaration of withdrawal or a reduction in the price) shall require to be laid down in writing in order to be legally valid.
1.7 The documents belonging to the offer, such as figures, invoices and details of weights and measures,
shall, in so far as they are not explicitly designated binding, only be pertinent in the usual commercial and reasonable scope, even if they are included in the offer itself. Should the expression “approximately” have been agreed upon, we shall be entitled, within the scope of usual commercial tolerances, to deliver up to 5% more or less.
1.8 In so far as this consequence has been pointed out in the delivery note accompanying the
consignment, any consignments on approval requested by the purchaser that are not returned to us within fourteen days of handing them over shall be deemed to have been bindingly accepted by the purchaser.
1.9 Ordering online from our web shop shall constitute an offer to us to conclude a sales contract. Once
such an order has been placed, the purchaser shall receive an e-mail confirming receipt of the order by us and citing the details (order confirmation). Such an order confirmation shall not constitute acceptance of the offer, but is only supposed to inform the purchaser that the order has been received by us. A sales contract shall only materialise if we despatch the product ordered to the purchaser and confirm to the purchaser in a second e-mail (shipping confirmation) that the item has been shipped. No sales contract shall materialise in regard to any products from a single order that are not listed in the shipping confirmation.

2. Delivery deadlines
2.1 The delivery deadline is individually agreed, or specified by us when we accept the order. Should the
latter not be the case, the delivery deadline shall amount to some two weeks as from conclusion of the contract.
2.2 Should we default on a delivery for which a deadline has been bindingly agreed, we are in all cases to
be set a grace period of 14 days.
2.3 Should we again default, the purchaser may request flat-rate compensation for any damage caused
by the delay. The flat-rate compensation shall amount to 0.5% of the net price (value of goods delivered) for each completed calendar week of delay, however a maximum of 5% of the value of goods delivered late in total. It shall be up to us to prove that no damage has been incurred to the purchaser, or only considerably less damage than is covered by the aforementioned flat-rate compensation.
2.4 Should the purchaser be in default with acceptance or fail to co-operate where necessary, or should
the delivery be delayed for any reasons that are attributable to the purchaser, we shall be entitled to require compensation for any damage incurred, including additional expenditure (e.g. storage expenses). For this we shall charge flat-rate compensation of 0.5% of the net price (value of the goods delivered) for each completed calendar week of delay, however a maximum of 5% of the total value of goods delivered for the goods accepted late, commencing as at the delivery deadline or – in the absence of a delivery deadline – as at the date of the notification that the goods are ready for despatch. Evidencing greater damage and our statutory claims (in particular compensation for additional expenditure, reasonable compensation, termination) shall not be affected thereby. The flatrate amount shall, however, be offset against any further monetary claims. It shall be up to the purchaser to prove that no damage whatsoever has been incurred to us, or only considerably less damage than is covered by the aforementioned flat-rate compensation.
2.5 If we are not informed by the purchaser in good time about details that are necessary in order to fulfil
the order, or if the purchaser otherwise fails to comply with an obligation to co-operate, the delivery time shall be extended in accordance with the amount of time lost due to such cases.
2.6 In so far as we are not able to adhere to binding delivery deadlines for reasons that are not our fault,
we shall inform the purchaser about it without delay and simultaneously notify the anticipated new delivery deadline. Should the service also not be available within the new delivery deadline, we shall be entitled to withdraw from the contract, in whole or in part. We shall reimburse any consideration already paid to us by the purchaser without delay.
2.7 Notes on the availability of our products are to be found on our website. We would like to point out
that all details on the availability, shipping or delivery of a product are only anticipated details, and are to be taken as approximate reference values. They do not constitute any binding or guaranteed shipping or delivery dates. In so far as it is established as at the order date that the products ordered are not available, the purchaser shall be informed separately by e-mail.

3. Sales transactions to be executed at a fixed point in time
No sales transactions to be executed at a fixed point in time are carried out by us.

4. Partial deliveries
We are entitled to effect partial deliveries to a reasonable extent.

5. Assumption of risk, shipping costs
5.1 Essentially, the delivery will be made ex works Munich and at the purchaser's risk, even if we ship the
goods ourselves.
5.2 Unless anything to the contrary has been agreed, the purchaser shall bear the costs of shipping and
packaging. If nothing to the contrary has been agreed, we shall be entitled to determine the method of despatch ourselves (in particular the carrier, despatch route and packaging).

6. Notification of complaints and guarantee
6.1 Should the purchaser be supplied with the goods at the destination, it shall, in any event, be required
to take all steps necessary to preserve the goods and to bear the costs of the latter until such time as any complaint has been clarified with finality.
6.2 Any defects, deviations in quality or deviations in quantity are to be notified to us in writing without
delay. Any claims for defects on the part of the purchaser shall require the purchaser to have complied with its statutory obligation to examine the goods and notify any defects (cf. Secs. 377 and 381 German Commercial Code (HGB)). Should a defect be established, either when examining the goods or subsequently, we are to be notified of the latter in writing without delay. The notification shall be deemed to have been made without delay if it is sent within two weeks, in regard to which the timely despatch of the notification shall suffice to preserve the deadline. Notwithstanding this obligation to examine the goods and notify any defects, the purchaser shall be required to notify any obvious defects (including erroneous deliveries and shortfalls in delivery) in writing within two weeks of delivery, although, also in this case, timely despatch of the notification shall be sufficient to preserve the deadline. Where the purchaser fails to examine the goods and/or notify any defects in proper form, our liability for the defect not notified is excluded.
6.3 Should our services not be contractually fulfilled, we are in any case to be given the opportunity to
subsequently fulfil the agreement within a reasonable grace period. The choice about whether we carry out the subsequent fulfilment at the purchaser's premises or our premises shall be ours. We shall be entitled, but not obliged, to supply goods that are free of defects instead of engaging in subsequent fulfilment. Should the subsequent fulfilment finally be unsuccessful, the purchaser may reserve the right to request a reduction in the remuneration or withdraw from the contract.
6.4 We shall be entitled to make the subsequent fulfilment owed dependent upon the purchaser paying
the purchase price falling due. The purchaser shall, however, be entitled to retain a reasonable part of the purchase price, in proportion to the defect.
6.5 Where a consumer asserts claims for material defects vis-à-vis the purchaser, we are to be informed
about the latter in writing without delay, giving details of the defect claimed, the purchase date evidenced by the consumer and the date of the complaint.

7. Liability
In regard to tort, minor contractual obligations and ancillary obligations, we shall only be liable for
wilful intent and gross negligence. The latter shall, within the scope of the practices and customs usual in commerce, also apply to our vicarious agents, even if a claim is made directly against the latter. The limitation of liability shall not apply to any injuries to life, the body or the health, or to compulsory liability under the Product Liability Act.

8. Terms of payment
8.1 Unless anything to the contrary has been agreed in the individual case, our respective current prices
as at the date of concluding the agreement shall apply, ex warehouse, with the addition of statutory VAT. Therefore essentially no claim to receive goods at cheaper prices applying at earlier or later dates exists. In so far as we, exceptionally, still take into account any price reductions occurring prior to delivery of the goods for a current order, the latter is done on a voluntary basis, and without any legal obligation.
8.2 The invoice shall be issued on the day of delivery. The purchase price shall be due and payable
within 14 days of invoicing and delivery or acceptance or the goods.
8.3 Payment is to be made in cashless form, by means of direct debit or bank transfer. Any bank fees are
to be borne by the purchaser. Solely the time of our account being credited shall be pertinent in regard to the time of receipt of the payment. In the event of payment arrears, arrears interest is to be paid in accordance with the respective applicable statutory provisions.
8.4 Payment made by means of sending cash by post shall be excluded, and we do not accept any
liability if it is lost.
8.5 In the case of an order value of the goods of up to € 50.00 net, a small quantity surcharge of € 6.00 is
8.6 In the event of payment arrears, we shall be entitled to withdraw from the contract and request the
return of the goods. We reserve the right to assert any claims for compensation for damage.
8.7 We shall be entitled, at our equitable discretion, to adjust the prices in line with the changes that have
occurred since concluding the agreement, in particular increased wages, prices of materials, public dues, customs duties, costs of transport, including the costs of transport connected with procurement, and any fluctuations in the foreign exchange rate. We shall be obliged to proceed in the same way in regard to any reductions in the costs. The latter shall not apply if the goods or services are supposed to be supplied or provided within four months of concluding the agreement. When price adjustments are made, the purchaser shall be entitled to withdraw from the agreement.
8.8 Should the purchaser's assets deteriorate, in particular if an application is made for the institution of
insolvency proceedings, we shall be entitled to terminate the agreement extraordinarily and request the return of the goods, asserting our right of segregation of certain goods from the insolvent's estate. Our claims for compensation for damage shall not be affected thereby.
8.9 The debtor does not need to be either notified or informed of any sale of receivables (factoring) by
Roeckl Handschuhe.

9. Offsetting
Any offsetting of claims held by the debtor against our claims shall only be permissible based on
undisputed claims or any which have been established with legal finality.

10. Reservation of ownership
10.1 We reserve ownership in all deliveries and services until such time as the purchaser has fulfilled all
claims, including any receivables from current accounts, as well as any ancillary expenses such as interest and any costs that have been incurred or will be incurred as a result of the business relationship. If cheques are accepted, the payment shall be deemed to have been made once the check has been cashed.
10.2 Until such time as our claims have been met in full, the purchaser shall not be entitled to pledge
goods to third parties or assign them by way of security, or otherwise dispose over them, unless the goods are sold on in the regular course of business. In transactions between registered traders, the proceeds from selling on the goods are already assigned to us by way of security until such time as our claims have been met in full. The assignment is hereby accepted.
10.3 The purchaser is to notify us of any pledging of the goods by third parties without delay. In such a
case, the purchaser shall be obliged to inform the holder of the pledge about the reservation of ownership existing in our favour without delay.
10.4 Any processing, finishing or alteration of the goods that we own by the purchaser shall always be
undertaken on our behalf, without any liabilities accruing to us as a result. Should the goods be linked, mixed or processed with other goods, we shall become owners or co-owners of the new goods in the proportion of the amounts of the goods invoiced to the value of the other goods as at the date of commencement of the linking, mixing or processing.
10.5 In so far as we not supposed to become direct owners or co-owners of the new goods, the purchaser
already at this point assigns us the corresponding ownership or the corresponding claim for compensation. Where the goods delivered by us are sold together with other goods following linking, mixing or processing, the claim arising from the sale of the goods corresponding to our co-ownership share in the goods is already at this point partially assigned to us, in the proportion that corresponds to our co-ownership share. In the above-mentioned cases, the purchaser undertakes to conclude a separate assignment agreement with us.
10.6 We undertake to release the collateral to which we are entitled at any time, to the extent that the
realisable value of the collateral we are entitled to exceeds the claims to be secured by over 10%.

11. Data privacy
We shall use any information that we receive within the scope of an order or an offer to process
orders, deliver goods and process payment. We shall also use this information to communicate with the purchaser concerning orders and products, as well as to update our data sets and maintain and update the purchaser account. Further information can be found in the data privacy statement on our website at

12. Place of performance, place of jurisdiction, applicable law, miscellaneous
12.1 The place of performance for the delivery and for settlement of our receivables shall be Munich.
12.2 The exclusive place of jurisdiction for registered traders shall be Munich. In the event of the
contractual partner relocating its domicile or usual place of residence to a location outside the territory of the Federal Republic of Germany after concluding the agreement, or its domicile or usual place of residence not being known as at the date of filing the action, Munich is agreed upon as being the exclusive place of jurisdiction.
12.3 In any event, exclusively German law shall apply. The UN Convention on Contracts for the
International Sale of Goods (CISG) of 11 April 1980, (Federal Gazette 1989 Part II, 586 et seqq., 588 et seqq.), shall not apply.
12.4 Should any individual provisions of this agreement be or become invalid or void, this shall not affect
the validity of the remaining provisions of this agreement (cf. Sec. 306 German Civil Code). The parties undertake to replace any invalid or null and void provisions by new provisions which do justice to the economic regulatory content contained in the invalid or null and void provisions in a legally admissible manner. The same shall apply if it transpires that there is a loophole in the agreement. In order to complete the loophole, the parties undertake to work towards establishing appropriate provisions in this agreement, which come closest to what the parties concluding the agreement would have determined in accordance with the meaning and purpose of the agreement, had they considered the point.