Terms and conditions

General Terms and Conditions (GTC) and Customer Information of

 

Bermüller & Co GmbH

 

1. Scope / Contracting Party

 

These General Terms and Conditions and Customer Information apply to all contracts concluded by customers with us, Bermüller & Co GmbH, via our online shop at www.lobsport.de.

 

Customers within the meaning of these General Terms and Conditions are both consumers and entrepreneurs. Pursuant to § 13 of the German Civil Code (BGB), a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed in nature. An entrepreneur, pursuant to § 14 BGB, is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.

 

Your contractual partner is Bermüller & Co GmbH, Rotterdamer Straße 7, 90451 Nuremberg/Germany; Phone: +49 911 64 200-0; Fax: +49 911 64 200-90; Email: info@lobsport.de

 

2. Prices / Shipping Costs

 

All prices are total prices, i.e. they include all price components including statutory VAT.

 

Free shipping within Germany and to Austria – excluding brick dust in bulk quantities of 500 kg or more. For other delivery countries and brick dust orders exceeding 500 kg, please refer to the shipping costs on the following page: https://lobsport.de/pages/versandkosten

 

3. Conclusion of Contract / Contract Language / Correction of Input Errors

 

The presentation of products in the online shop does not constitute a legally binding offer, but rather an invitation for you to submit a binding offer to us. You may submit this offer by placing the desired items in the virtual shopping cart, clicking the "Proceed to Checkout" button, and submitting the items placed in the shopping cart (clicking the "Order with obligation to pay" button). Upon receipt of your order, you will automatically receive an email documenting your submitted offer (order). If you have selected the payment method Shop Pay, PayPal, Google Pay, credit/debit card, or instant bank transfer/direct debit, the contract is concluded upon submission of the order. If you have selected one of the other offered payment methods, the purchase contract has not yet been concluded with the automated email. A valid contract is only concluded when we accept your offer within five days of receipt of your order by requesting payment after order placement, by sending an acceptance declaration (order confirmation), or by delivering the goods.

 

The contract is concluded exclusively in the German language.

 

Input errors can be corrected before submitting your order using the technical means provided in the online shop as well as the standard functions of your keyboard/mouse. You may also cancel the process at any time by closing the browser window. By clicking the "Order with obligation to pay" button, you have placed a binding order (offer); input errors can no longer be corrected after this point.

 

4. Delivery / Transfer of Risk

 

We deliver within the Federal Republic of Germany and to all member states of the European Union with the exception of Malta and Cyprus. Delivery to other countries is unfortunately not possible. Please refer to the respective product page for delivery times.

 

If the item you have ordered is unavailable because we ourselves were not supplied correctly or on time by our supplier, we may withdraw from the contract, provided that we have concluded a specific cover transaction with our supplier and we are not responsible for the non-delivery. In this case, we will inform you immediately and promptly refund any consideration already provided.

 

Applicable to entrepreneurs only: In the case of a sale involving shipment, the risk of accidental loss or accidental deterioration of the sold goods passes to the entrepreneur upon delivery of the goods to a suitable carrier (freight forwarder, carrier, postal service, etc.).

 

5. Payment Terms

 

You have the option to choose from the following payment methods, whereby all payment methods — with the exception of purchase on invoice — are processed via Shopify Payments (Shopify International Ltd., Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland; www.shopify.com):

 

Shop Pay

 

You can pay the purchase price via Shopify if you are registered there. Upon first use, you enter your details, which are then saved. For all future purchases, payment confirmation is done via SMS code. The charge is made immediately upon placing the order. Further information is provided during the ordering process.

 

PayPal

 

You pay the invoice amount via the online provider PayPal directly through your PayPal account and the payment methods offered there. You must be registered there or register for the first time. During the ordering process, you will be redirected directly to the PayPal page, where you log in and authorize the payment. PayPal will then process the payment immediately and charge your PayPal account. Further information is provided during the ordering process.

 

Google Pay

 

You can pay the purchase price via Google if you are registered there and have activated "Google Pay." During the ordering process, you will be redirected to Google's website. After logging in, you authorize the payment there. The charge is made immediately upon placing the order. Further information is provided during the ordering process.

 

Credit/Debit Card (Visa, Mastercard, Maestro, Union Pay)

 

You will need the card number, expiry date, and the three-digit security code on the back of the card. Your credit card will be charged upon completion of the order.

 

Payment with Klarna (for consumers only and only for deliveries to Germany and Austria)

 

In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the payment options purchase on invoice with Klarna and instant bank transfer. Payment is made to Klarna. Please note that these payment options are available to consumers only and that payment must be made to Klarna in each case. The use of these payment methods is also subject to a positive credit check.

 

+ Purchase on Invoice with Klarna

 

The payment period is 14 days in Germany and Austria from the date of dispatch of the goods. The terms and conditions for purchase on invoice for deliveries to Germany are available here: https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/invoice?fee=0 and for deliveries to Austria at: https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_at/invoice?fee=0

 

The use of the payment method purchase on invoice with Klarna is subject to a positive credit check. Accordingly, we will forward your data to Klarna in the context of initiating and processing the purchase contract for the purpose of address and credit verification. Please understand that we can only offer you those payment methods that are permissible based on the results of the credit check.

 

+ Instant Bank Transfer or Direct Debit with Klarna

 

With Klarna's financing service, you can choose between instant bank transfer or direct debit. First select your country, then specify the bank that is to carry out the transfer. Simply enter the BIC, bank sort code, or the name of your bank. You are now in the login area of the secure payment page. Log in with your online banking details; the information is transmitted to your bank in encrypted form. You then need to enter your TAN to confirm. Your order will only be confirmed once your payment has been confirmed.

 

Data Protection when Selecting Klarna as Payment Method

 

Klarna reviews and evaluates your data and, where there is a legitimate interest and reason, exchanges data with other companies and credit agencies. Your personal data is processed in accordance with applicable data protection regulations and in accordance with the information in Klarna's privacy policy.

 

Purchase on Invoice (from a minimum order value of €50; for deliveries to Germany and Austria only)

 

You pay by bank transfer within 10 days of receiving the invoice. A cash discount is not available. Please understand that, in order to safeguard against credit risk, we must reserve the right — depending on creditworthiness — to require advance payment or delivery against cash on delivery. In such cases, we will contact you in advance to agree on the procedure.

 

6. Retention of Title

 

The goods remain the property of Bermüller & Co. GmbH until full payment of the purchase price has been received.

 

Applicable to entrepreneurs only: The delivered goods remain our property until all claims arising from an ongoing business relationship have been paid in full. You are entitled to resell and use the delivered goods in the ordinary course of business. However, you hereby assign to us all claims arising from the resale against your buyers — regardless of any connection or mixing of the reserved goods with a new item — in the amount of the invoice total; we accept this assignment. Pledging or transferring the reserved goods to third parties as security is not permitted. You remain revocably authorized to collect the claims arising from the resale even after the assignment. However, if you fail to meet your payment obligations or fall into arrears, we are entitled to collect the claims ourselves.

 

7. Right of Withdrawal for Consumers

 

The following right of withdrawal applies exclusively to consumers. Pursuant to § 13 BGB, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed in nature.

 

Right of Withdrawal

 

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen 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.

 

To exercise your right of withdrawal, you must inform us (Bermüller & Co GmbH, Rotterdamer Straße 7, D-90451 Nuremberg, Phone: +49 911 64 200-0, Email: info@lobsport.de) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, fax, or email). You may use the attached model withdrawal form for this purpose, although this is not mandatory.

 

You may also exercise your right of withdrawal online at https://lobsport.de/pages/widerruf-formular. If you use this online function, we will promptly send you a confirmation of receipt on a durable medium (e.g. by email) containing information about the content of the withdrawal declaration as well as the date and time of its receipt.

 

To meet the withdrawal deadline, it is sufficient that you send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

 

Consequences of Withdrawal

 

If you withdraw from this contract, we shall reimburse all payments received from you, including delivery costs (with the exception of additional costs arising from your choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and no later than fourteen days from the day on which we received notification of your withdrawal from this contract. We will use the same means of payment that you used for the original transaction for this repayment, unless expressly agreed otherwise with you; in no event will you be charged any fees for this repayment. We may withhold reimbursement until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

 

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

 

You bear the direct cost of returning the goods. For goods that cannot normally be returned by post (marked as "bulky items" in the shop), the costs are estimated at a maximum of approximately €189.

 

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

 

Exclusion of the Right of Withdrawal

 

Pursuant to § 312g paragraph 2 no. 1 BGB, the right of withdrawal does not apply to contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual selection or specification by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer.

 

Model Withdrawal Form

 

(If you wish to withdraw from the contract, please complete and return this form.)

 

• To Bermüller & Co. GmbH, Rotterdamer Straße 7, D-90451 Nuremberg, Email: info@lob-sport.de

 

• I/We () hereby give notice that I/we () withdraw from my/our () contract of sale of the following goods ()/for the provision of the following service (*).

 
 
 

• Ordered on () / received on () ________________________________________

 

• Name of consumer(s) ________________________________________________

 

• Address of consumer(s) ______________________________________________

 

• Signature of consumer(s) (only if this form is submitted on paper) ___________________________________

 

• Date ___________________

 
 

(*) Delete as appropriate

 

8. Information on Liability for Defects (Statutory Warranty)

 

8.1 For consumers, the statutory provisions on liability for defects apply without restriction.

 

8.2 For entrepreneurs, the statutory provisions on liability for defects apply with the following modifications:

 

a) If a complaint about defects is justified and has been raised in a timely manner, we are entitled to remedy the defect — taking into account the nature of the defect and your legitimate interests — at our discretion, either by free repair or replacement delivery. If the subsequent performance fails, you are entitled to reduce the purchase price or withdraw from the contract. This provision (clause 8.2a) does not apply in cases of recourse pursuant to § 445a BGB.

 

b) In the event of subsequent performance due to defects, we are only obliged to bear the necessary expenses, in particular transport, travel, labor, and material costs, to the extent that these are not increased because the goods were brought to a location other than your registered office or place of business to which they were delivered. This provision does not apply in cases of recourse pursuant to § 445a BGB.

 

c) If we remedy a defect within the scope of the warranty by means of replacement delivery, the limitation period does not recommence as a result.

 

8.3 In the event of defects or questions, both consumers and entrepreneurs are welcome to contact us at:

 

Post: Bermüller & Co GmbH, Rotterdamer Straße 7, 90451 Nuremberg/Germany

 

Fax: +49 911 64 200-90

 
 

9. Storage of Contract Text

 

The contract text is stored by us and sent to you immediately after submission of your offer to conclude a purchase contract, together with the GTC, by email. If you registered for a customer account in the online shop prior to completing the shopping cart process, you can also retrieve the contract text via "My Account" by entering your login details, for as long as you have not deleted your customer account or had it deleted by us. You can also print out the order details immediately after submitting the order.

 

10. Applicable Law / Place of Jurisdiction

 

The law of the Federal Republic of Germany applies, excluding the provisions of the UN Convention on Contracts for the International Sale of Goods (CISG). However, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the customer has their habitual residence.

 

If the customer is a merchant, a legal entity under public law, or a special fund under public law (§ 38 ZPO) and has concluded the contract in that capacity, the court having jurisdiction for the seller is agreed as the exclusive place of jurisdiction. We additionally reserve the right to bring an action against the customer at any other statutory place of jurisdiction.

 

11. Out-of-Court Dispute Resolution

 

We endeavor to resolve any differences of opinion arising from our contract with the customer amicably. Beyond this, we are not obliged to participate in a dispute resolution procedure before a consumer arbitration board and are unfortunately unable to offer our customers participation in such a procedure.