Terms

of sport-net GmbH as the licencee of www.der-rollenshop.de

(March 2009)

These general conditions shall apply to all sale of goods effected by sport-net GmbH, Niehausweg 12,33739 Bielefeld.

Managing Partners: Lars Steinsiek and Theiß Klingelhöfer

District court Bielefeld: HRB 38282
sales tax identification number: DE814161478
phone: +49 (0)5206 91740-0 Telefax: +49 (0)5206 91740-49
email: info@der-rollenshop.de; Internet: www.der-rollenshop.de

1. General remarks

The following General Terms and Conditions of Trade are valid for contracts between sport-net GmbH and its customers. The version of these GTCT which is valid at the time when the contractual agreement is signed shall apply. Other GTCT which deviate from these General Terms and Conditions of Trade, which contradict or add to them, shall not be considered a part of any contractual agreement, even if known to both parties, unless otherwise aggreed in writing. The Condtitions and Terms of sport-net GmbH shall even apply in the event that we effect a delivery without reservation despite being aware of conditions of the ordering party that are contrary to or deviating from our Terms and Conditions.

2. Conclusion of contracts

2.1 Offers of goods and services of sport-net GmbH submitted within the domain www.der-rollenshop.de as well as prices and detailed specifications of individual products are subject to confirmation and non-binding. The presentation of goods and services on www.der-rollenshop.de shall not constitute a binding offer of sport-net GmbH to the customer to enter into a contract with sport-net GmbH, but rather a non-binding invitation to the Customer to declare a binding offer towards sport-net GmbH to enter into such contract. (so called: invitatio ad offerendum).

2.2 Binding offers of custumers must be made in German.

2.4 The client shall be provided with an immediate confirmation of receipt for electronically submitted orders. This shall not be construed as a legally binding confirmation of acceptance.

2.5 A sales contract comes into existence only when sport-net GmbH sends the ordered product to the customer and confirms this shipment by a second email (shipping confirmation). A contract shall not exist concerning products from the same order which are not listed in the shipping confirmation.

3.

Return policy

Right of revocation
You have the right of revocation without giving any reason within one month if you notify us by letter, fax or email, or if you return the goods. The period commences on the day this instruction is received in written form, but not before the day on which the goods reach the receiver. (in the case of recurring deliveries of goods of the same kind, not before the day on which the first part delivery reaches the receiver) and not before the seller fulfilled his responsibilities of information requirements under § 312c para. 2 BGB in conjunction to § 1 para. 1,2 and 4 BGB-InfoV as well as his obligations under § 312e para. 1 sentence 1 BGB in conjunction to § 3 BGB-InfoV.
We will accept your revocation or the return of goods as long as it is within 30 days from purchase. The revocation or return of goods should be sent to:

Sport-Net GmbH, Niehausweg 12 , 33739 Bielefeld
Fax: +49 (0)5206 91740-49, eMail: info@der-rollenshop.de

Consequences of revocation
In case of a valid revocation, services received from either side as well as usage advantages (e.g. interest), if applicable, are to be given back . We only accept returned items if they are unused and in a good saleable condition. It is your responsiblity to ensure that. Otherwise we reserve the right to charge you as a compensation for lost value. This does not apply, if the hints of usage are exclusively due to examining the merchandise – as it would have happened in a retail store for instance. You can avoid compensation for lost value if you use the product carefully, avoiding everything that can affect the value. Items eligible for shipping can be returned at our risk. You pay for the return postage of the goods ( § 357 Abs. 2 BGB) if the reason for return is not because of an error on our part, and if the price of the order is lower than 40 €, or if you have not paid for an item at a higher price at the time of the revocation. In all other cases the return postage is free of charge for you. Items not eligible for shipping will be picked up at your postal address. All reimbursement obligations must be fulfilled within 30 days of the declaration of revocation. For you the period commences on the day you send the written revocation, or on the day you return the goods. For us the period begins when the written revocation or the returned goods are received.

4. Retention of title

4.1 All goods delivered to the buyer shall remain the property of sport-net GmbH, until the claims resulting from the business relation are paid in full.

4.2 If sport-net GmbH exchanges a product under warranty, the parties agree already today that ownership of such exchanged goods shall pass back to sport-net GmbH or to the Customer when either the Customer returns the goods to sport-net GmbH or when the Customer receives the exchanged goods from sport-net GmbH.

5.Prices and terms of payments

5.1 All prices are gross prices in Euro and include VAT at the statutory rate.

VAT for orders from abroad:
For deliveries to countries of the European Union (EU), the currently applicable VAT of Germany applies, unless the regular conditions for exemption apply to them ( § 4 Ziff. 1 lit. b) i.V. M. § 6 a UStG. If orders are placed from non-EU countries we deduct VAT automatically. In this case, however, the purchaser shall immediately pay the customs duties and import turnover tax occurring at the time of importation.

All prices are europrices.

5.2 If VAT is increased by law after the order of the customer, sport-net GmbH is entitled to invoice the increased VAT rate when it comes to a conclusion of the contract.

5.3 Unless otherwise specified in the confirmation of contract, the purchasing price shall become due and payable net (without any deductions) within seven days of date of invoice.
The legal rules concerning the consequences of late payment apply.

5.4 The deduction of cash discounts, exept where 5.5.of this GTCT applies, shall require a separate written agreement.

5.5 The customer can pay the purchase price by direct debit, prepayment, paypal, credit card or cash on delivery. Sport-net GmbH guarantees a 2 % discount on payment in advance.

For payments per C.O.D. an additional fee amounting to 4,90 EUR is due for deliveries within Germany which the deliverer collects on location.In addition, the driver will collect a deposit fee of 2 EUR. The shipping costs in accordance with section 6 of these terms and conditions remain unaffected.

5.6 Bank transfer payments are to be made to the following Deutsche Bank account in Bielefeld: sport-net GmbH, (BLZ:48070024), Account-number 0103465.

5.7 Payments by direct debit (only for customers in Germany) will be transacted in cooperation with our Partner AG (Goethestr. Secupay 6.01896 Pulsnitz).
We would like to point out that we transfer our claims for payment fully and irrevocably to Secupay AG (secupay.ag ) In case of a return debit note the active debts of our partner Secupay AG will be directly transferred to a claims management. The purchaser bears all resulting costs.

6.Shipment/ shipping costs

6.1 The delivery dates estimated by sport-net GmbH shall not be binding, unless these have explicitly been confirmed as "binding delivery dates" by sport-net GmbH in writing.

6.2 If the order confirmation does not specify otherwise "delivery ex works" shall be deemed agreed.

6.3 Sport-net GmbH calculates the following transport costs:

For orders to be delivered within Germany of a total value of less than EUR 50,- the customer will be charged another EUR 4,90 for shipping. If the total value of goods is EUR 50,- or more, shipping within Germany is free of charge.

For shipping items of a total value of less than EUR 250,- to EU Member States (except Austria) sport-net GmbH calculates shipping costs of EUR 14,95 which have to be paid by the customer. At a total value of goods of EUR 250,- and more the shipping costs to EU Member States (except Austria) are free. To Austria shipping is free at a total value of goods of EUR 150,-. For orders of a total value of goods of less than EUR 150,- sport-net GmbH calculates 14,95 Euro shipping costs to Austria.


International shipping costs:

7. Reimbursement of costs for a return debit note

If a customer of sport-net GmbH gives a direct debit-authorization as means of payment, the buyer is obliged to reimburse all costs/fees, which are charged by the account-holding institution of sport-net GmbH for a return debit note that the customer is responsible for.

8. Warranty

8.1 Insofar as a bilateral trade transaction (according to §§ 343, 344 HGB) exists, defect claims of the customer assume that he acted correctly according to his examination and reproval obligations according to § 377 HGB.

8.2 If an item is faulty, the customer is entitled to supplementary performance in form of a removal of defects or delivery of a new defectfree item. In case of removal of defects or replacement we are obliged to take all necessary transportation, shipping, work and material costs, if they are not increasing by the fact that the item was brought to another location other than the place of fulfillment.

8.3 If supplementary performance fails, the customer is entitled to either cancel the contract or demand a reduction of price.

8.4 The limitation period for defect claims is 12 months, calculated from the transfer of risk, insofar as a bilateral trade transaction (according to §§ 343, 344 HGB) exists.

8.5 The period of limitation in the case of a delivery regress in accordance with §§ 478, 479 BGB remains unaffected; it is five years, calculated from delivery of the defective.

9. Liability

9.1 Sport-net GmbH is liable without limitation for personal injuries in accordance with the statutory regulations.

9.2 Moreover we may be held liable withour limitation only when intent or gross negligence on our part has been proven.

9.3 In the event of minor negligence, sport-net-GmbH will only be liable to the extent that major obligations of the agreement are infringed by sport-net Gmbh, limited to the damage that was typical and reasonably foreseeable.

9.4 Liability according to the product liability law remains unaffected.

9.5 Provided that sport-net GmbH is not liable for intent or gross negligence and the claims of the customer have not become statute-barred, action for damages must be brought before court within a period of 6 months, beginning from the day of the rejection of compensation.

9.6 Any claim by the customer towards sport-net GmbH, irrespective of its legal ground, shall be statute-barred after 24 months from the moment the damage becomes known. This does not apply to damages caused by wilful intent or gross negligence and for claims under product liability legislation.

9.7 Any further liability on the part of sport-net GmbH is excluded, as far as legally permissible.

10. Offsets or retention

10.1 The buyer shall only be entitled to execute offsets in so far as the respective counterclaim has legal effect, is indisputable, or is acknowledged by us.

10.2 The client is entitled to assert a right of retention only as a result of such counterclaims as arise from the same contractual relationship as the claims against which the right of retention is being asserted.

11. Data privacy

In all operations of data processing (e.g. Collection, processing and transmission) sport-net GmbH operates according to the statutory provisions. The information needed to carry out a transaction is stored and, if necessary, is passed on to our partner companies within the framework of processing the order. In the frame of legal admissibility and under consideration of the respective protectable interests in the exclusion of the transfer and use, we can transfer address and creditworthiness data for the duration of the customer relationship to the SCHUFA 65203 Wiesbaden only in connection with the checking of the creditworthiness.

12. Trade mark rights

All rights pertaining to items displayed in our onlineshop as well as specifically generated objects (diagrams, sounds, texts) remain with sport-net GmbH. Duplication or use of such objects in other electronic or printed publications without the express permission of the authors is prohibited.

13. Place of performance and jurisdiction

13.1 If the customer is a merchant, a legal person of the public law or public special estate, the exclusive place of jurisdiction of sport-net GmbH shall be the only area of jurisdiction for all disputes that result from the contractual relation. The same shall apply for persons with no general place of jurisdiction in Germany or persons who have moved their domicile or habitual residence outside of Germany after signing the contract or whose domicile or habitual residence is unknown at the time the suit is brought.Sport-net GmbH is entitled to bring action against the customer at the court of his residence.

13.2 In all business relationships (contractual and non-contractual) between the customer and the sport-net GmbH, German law is exclusively applied.

13.3 Place of payment, performance and jurisdiction for all obligations resulting from the contract is the business location of sport-net GmbH. The same applies even if sport-net GmbH provides services at a place other than the business location or if orders or services are reversed. An agreement on clauses such as "Free shipping...; Shipping from……" or the like only result in an alternative arrangement of transport and shipping costs; Otherwise, the provisions in these general terms and conditions shall apply.

14. Partial invalidity

If some of the regulations of this contract or the general terms of business should be or should become invalid, or unenforceable this does not affect the remaining regulations. Each ineffective or unenforceable provision is to be replaced by a provision which comes as near as possible to the economic intent of the ineffective or unenforceable provision. If the parties fail to come to an agreement, the ineffective or unenforceable provision of part thereof will - if the parties so desire - be replaced by by a regulation that best suits the economic interest of the parties.