1. Scope

1.1. These General Terms and Conditions of Sale (hereinafter: "T&Cs") shall apply to all contracts concluded through our Schöffel Online Shop (hereinafter: “Online Shop") between us, Schöffel Sportbekleidung GmbH, represented by its managing directors, Mr. Peter Schöffel and Mr. Stefan Merkt, Ludwig-Schöffel-Str. 15, 86830 Schwabmünchen, Germany, Augsburg Local Court HRB 8357, (hereinafter: “Schöffel", "us" or "we"), and our customers of the Online Shop.

1.2. “Customer" in the sense of these T&Cs is both a consumer and an entrepreneur. Insofar as these T&Cs refer to a "consumer", this shall mean a natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their self-employed professional activity (section 13 of the German Civil Code (BGB)). If, on the other hand, these T&Cs refer to an "entrepreneur", this shall mean any natural person or legal entity or a partnership with legal capacity who or which, when concluding a legal transaction, acts in the exercise of their self-employed professional or commercial activity.

1.3. These T&Cs are solely applicable in the version valid at the time the order is submitted. We do not accept deviating, conflicting or supplementary terms and conditions of our customers unless we have agreed to their applicability in writing.

1.4. Goods are only sold in normal household quantities. We also sell only to consumers aged 18 and over.

2. Conclusion of contract

2.1. The presentation of the products in the online shop does not constitute a legally binding offer to conclude a purchase contract, but rather a non-binding online catalog. Offers can be submitted via the online order form (shopping cart). By clicking the "Add to cart" button, our customers can place the desired goods in the virtual shopping cart. This process is non-binding and does not yet constitute a legally binding offer by the customer. Only by clicking on the "Complete Order" button does the customer make a binding offer to conclude a purchase contract for the goods in the shopping cart. Receipt of the order is confirmed by automated email immediately following submission of the order (order confirmation). This email, in which the details of the offer are summarized once again, merely documents and confirms receipt of the offer and does not yet constitute acceptance of the customer's offer by us.

2.2. The customer's offer may be accepted by us within five (5) business days by a confirmation in text form (e.g. email) informing the customer that the goods have been dispatched (shipping confirmation). We are not obliged to accept the customer's offer to conclude a purchase contract and may refuse acceptance at any time without providing reasons. The customer shall no longer be bound to their order at the latest upon expiry of the aforementioned acceptance period, i.e. their offer shall expire upon expiry of the acceptance period and can no longer be accepted by us from this point in time. In this event, any payments already made by the customer will be refunded by us immediately.

2.3. No purchase contract shall be concluded for products from one and the same purchase order that are not listed in the shipping confirmation.

2.4. The customer warrants that all information they provide when ordering or registering in the Online Shop (e.g. name, address, email address, bank details, etc.) is true and correct. We must be notified immediately of any changes.

3. Storage of contract text

The text of the contract will be saved and stored. It can be accessed by customers with a customer account after logging in on the Online Shop website. For this purpose, the customer logs in to their customer account using their login data. The contents of the individual orders can then be viewed under the heading "Order history". Additionally, the text of the contract is also included in every customer's shipping confirmation. These T&Cs are made available to customers via a link on the website and also in text form or in writing at the latest with the delivery of the goods.

4. Delivery, unavailability

4.1. Unless otherwise agreed, delivery will be made to the delivery address specified by the customer within the delivery period specified for the respective goods in the Online Shop. Deliveries are made to Germany, Austria, Switzerland or France.

4.2. If a certain good is not available for reasons for which we are not responsible and which occur after conclusion of the contract (in particular force majeure, unforeseeable non-producibility) and procuring a replacement is not reasonable, we shall be entitled to refuse delivery. In this case, we will inform the customer immediately and immediately refund any payments already made.

4.3. If we foresee that a delivery deadline cannot be met, e.g. because the ordered product is temporarily out of stock, we will notify you immediately and inform you of the expected new delivery time. If delivery is delayed by more than two weeks, the customer has the right to withdraw from the contract. In the event of withdrawal, we will immediately reimburse the customer for any payments already made.

4.4. We shall not be liable for infeasibility or delay insofar as they are due to force majeure or other events unforeseeable at the time of conclusion of the contract for which we are not responsible (e.g. operational disruptions of any kind, fire, natural disasters, weather, floods, war, insurgency, terrorism, transport delays, strikes, lawful lockouts, shortages of labor, energy or raw materials, delays in obtaining any necessary official permits, official/sovereign measures, Covid-19 pandemic related circumstances/delays/failures to deliver).

5. Prices, customs duties, taxes

5.1. All prices listed in the Online Shop are final prices. They include all price components including applicable statutory sales tax. Any delivery or shipping costs as well as costs for processing and packaging are shown separately and are not included in the prices. These costs are displayed separately in the shopping cart before the customer submits their order.

5.2. The following applies to deliveries to Switzerland: goods may be subject to customs duties and import taxes when imported into Switzerland, which will be borne by us as the vendor. Furthermore, we would like to remind you that, as is commonly known, consignments of goods can be opened by customs.

6. Compliance with national laws, directives and other mandatory standards for the product

6.1. We warrant that goods ordered by the customer in the Online Shop and delivered by us comply with applicable mandatory product-related requirements and regulations (not only, but including: laws, directives or other legal provisions) in the states of the European Union and the European Free Trade Association EFTA (hereinafter: "the territory").

6.2. If the customer delivers, places on the market, makes available or sells the goods in a country outside this territory, the customer shall be responsible for ensuring that the goods comply with the requirements and regulations applicable there.

6.3. The customer shall indemnify and hold us and our employees and vicarious agents harmless from and against any and all third party claims asserted against us for violation of applicable regulations outside the territory, including any and all costs of any necessary legal defense that may be required and/or fines and penalties.

7. Shipping costs

7.1. The costs for shipping and handling are shown separately in the shopping cart before the customer submits their order. Shipping costs vary from country to country and depend on where we deliver the goods.

7.2. As the seller of the goods, we bear the customs clearance fees for deliveries to Switzerland. However, the customer must pay the shipping costs shown.

7.3. If the consumer effectively cancels their declaration of intent to enter into a contract in accordance with clause 11, they may demand reimbursement of all payments, including the costs already paid for shipment to the customer (cost of sending the goods), with the exception of additional costs resulting from the customer choosing a type of delivery other than the cheapest standard delivery offered by us (cf. cancellation policy in clause 11 on other consequences of cancellation).

8. Terms of payment, credit check

8.1. Payment for the goods can be made using one of the payment options offered during checkout and in accordance with the terms and conditions stated there. As a rule, the following payment options are available: invoice, credit card, PayPal and Amazon Pay.

8.2. For each order, we reserve the right not to offer certain payment methods and to refer to other payment methods.

8.3. We would like to point out that if the payment method "invoice" is selected, we will send the customer's address details (name, address) to comdoo GmbH, Bebericher Str. 23, 41063 Mönchengladbach, Germany for the purpose of carrying out a credit check, from whom we will obtain information on the customer's previous payment history and creditworthiness based on mathematical-statistical methods using address details.

8.4. If the payment method "invoice" is selected, the customer undertakes to pay the invoice amount within 14 days of receipt of the goods. The payment method "invoice" is only possible for deliveries to Germany, Austria and Switzerland.

8.5. If the consumer falls into arrears, we shall be entitled to charge interest on arrears at an annual rate of 5 percentage points above the applicable base rate published by the Deutsche Bundesbank in the Federal Gazette (section 247 of the German Civil Code (BGB)). If the entrepreneur falls into arrears, we shall be entitled to charge interest on arrears at the applicable statutory rate of interest on arrears. In both cases we reserve the right to claim further damages caused by arrears.

9. Discount vouchers, gift vouchers

9.1. Discount vouchers

The following conditions apply to Schöffel discount vouchers. These are vouchers which cannot be purchased, but which we issue as part of promotional campaigns with a specific period of validity. A discount voucher indicates either a specific, fixed amount in euros or a percentage reduction on the respective purchase value, which can be redeemed in the Online Shop when placing an order. 

9.1.1. Use

Each discount voucher can only be used once. Only one discount voucher can be used per order. Each customer can only redeem one discount voucher per order. Combination with other discount vouchers is not possible. Cash redemption of discount vouchers is not possible. The resale of discount vouchers is not permitted.

9.1.2. Validity

Discount vouchers can only be redeemed for a limited period of time and expire on the date stated on the discount voucher. An extension is not possible.

9.1.3. Minimum order value

The required minimum order value is always specified in connection with the discount voucher. If the customer has redeemed a discount voucher at the time of purchase, we reserve the right to charge the customer the original price of the goods they keep if the total value of the order subsequently falls below the minimum order value of the discount voucher due to their (partial) cancellation of the order.

9.1.4. Returns

If the customer returns goods, the discounted purchase price will be refunded. There is no right to a refund or replacement of the discount voucher.

9.2. Gift vouchers

The following applies to the Schöffel gift vouchers we issue:

9.2.1. Purchase

9.2.1.1. The Schöffel gift voucher is a voucher available for purchase, issued only by us.

9.2.1.2. Gift vouchers can be purchased by credit card, PayPal and Amazon Pay. We reserve the right not to offer certain payment methods and to refer to other payment methods. It is not possible to purchase a gift voucher by paying with an existing gift voucher.

9.2.2. Activation and redemption

The credit on the voucher card of the gift voucher can only be redeemed in full or in part for an order in our Online Shop. Redemption is not possible if the customer places the order as a guest. The current balance can be checked online in the "My Schöffel" area. Cash redemption or interest on the credit or remaining credit is not possible.

9.2.3. Validity

The gift voucher is valid for three years from the date of purchase. After expiration, any remaining credit will expire and cannot be refunded in cash or in the form of a credit.

9.2.4. Returns

9.2.4.1. If goods are returned, the purchase price can only be refunded by crediting it back to the voucher account.

9.2.4.2. There is no right to exchange the gift voucher itself.

9.2.5. Disclaimer

9.2.5.1. Prior to activation, the gift voucher is a bearer instrument and must be treated as cash. Only after activation is the voucher credit assigned to a specific customer account and can no longer be transferred to another customer account.

9.2.5.2. We accept no liability for the voucher credit in the event of loss, illegibility, theft or misuse. The voucher cannot be blocked.

10. Retention of title

Delivered goods remain our property until the purchase price has been paid in full (including applicable sales tax and any shipping and handling costs).

11. Right to cancel

If the customer is a consumer, the customer may exercise a right to cancel the contract in accordance with the statutory provisions. The right to cancel is governed by the terms set out in detail in the following cancellation policy.

- Start of cancellation policy -

- End of cancellation policy -

12. Warranty, limitation

12.1. The warranty for defects of the purchased goods shall be governed by the statutory provisions (in particular sections 434 et seq. of the German Civil Code (BGB)). This means that the customer may first and foremost demand supplementary performance, i.e., at their discretion, subsequent delivery or rectification of the defect. If the other statutory requirements are met, the customer shall be entitled to reduce the purchase price or withdraw from the contract. We shall only be liable for damages in accordance with clause 13.

12.2. The limitation period for statutory claims for defects is two years and begins with delivery of the goods.

12.3. Any additional manufacturer's warranties given by us shall be in addition to the statutory claims for material defects or defects of title within the meaning of clause 12.1. An additional warranty for the supplied goods shall only apply if a warranty designated as such has been expressly given in the shipping confirmation for the respective goods.

13. Liability

13.1. We shall be liable – on whatever legal grounds – without limitation for damages for losses caused by an intentional or grossly negligent breach of duty by us or by one of our legal representatives or vicarious agents.

13.2. In the event of a merely simple or slightly negligent breach of duty by us or one of our legal representatives or vicarious agents, we shall be liable only

13.2.1. – albeit without limitation – for damages based thereon arising from injury to life, limb or health;

13.2.2. for damages resulting from the violation of material contractual obligations. Material contractual obligations are obligations the fulfillment of which is a prerequisite for the proper performance of the contract and on the fulfillment of which the customer regularly relies and may rely. In this case, however, our liability shall be limited to the amount of the damage typical for the contract and foreseeable at the time the contract was concluded.

13.3. The limitations of liability resulting from clause 13.2 shall not apply if we have fraudulently concealed a defect, have given a guarantee for the quality of the goods or have assumed a procurement risk. Furthermore, any mandatory statutory liability, in particular under the Product Liability Act, shall remain unaffected.

13.4. Insofar as our liability is excluded or limited in accordance with the above provisions, this shall also apply to the personal liability of our executive bodies, legal representatives, salaried and other employees and vicarious agents.

14. Privacy

14.1. We collect and store the customer data required for business transactions, as stated in our privacy policy. When processing customers' personal data, we comply with the statutory provisions. Details can be found in the privacy policy available on our website: https://www.schoeffel.com/de/en/privacy.

14.2. Upon request, customers will receive information at any time about the personal data stored about them.

15. Dispute resolution für consumers

15.1. The European Commission maintains a platform for online dispute resolution (ODR) with further information, which can be accessed on the internet at http://ec.europa.consumsers/odr/. Participation in the aforementioned online dispute resolution is voluntary. We do not participate in the aforementioned dispute resolution procedure. Our email address is online@schoeffel.com.

15.2. Furthermore, we are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.

16. Applicable law and jurisdiction

16.1. The laws of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). If the customer has placed the order as a consumer and has their habitual residence in another country at the time of their order, the application of mandatory statutory provisions of that country shall remain unaffected by the governing law specified in sentence 1.

16.2. If the customer is a merchant within the meaning of the German Commercial Code (HGB), an entrepreneur within the meaning of section 14 of the German Civil Code (BGB), a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from or in connection with the contractual relationship between us and the customer shall be our registered office in Schwabmünchen, Germany.

16.3. Consumers may always also sue at the court having subject-matter jurisdiction for their place of residence.

17. Final provisions

17.1. This contract contains all agreements made between the parties concerning the subject matter of the contract. There are no verbal ancillary agreements.

17.2. Individual – including verbal – contractual agreements shall always take precedence over these T&Cs (section 305b of the German Civil Code (BGB)). Subject to proof to the contrary, any written agreement or, if no such agreement exists, our written confirmation, if any, shall be decisive for the proof of their content.

17.3. References in these T&Cs to the applicability of statutory provisions are for clarification purposes only. Even without such clarification, the statutory provisions shall apply unless they are directly modified or expressly excluded in these T&Cs.

18. Provider identification, address for service

Our address for complaints and other declarations of intent as well as our address for service is:

Schöffel Sportbekleidung GmbH
Ludwig-Schöffel-Str. 15
86830 Schwabmünchen
Germany

Represented by the managing directors Mr. Peter Schöffel and Mr. Stefan Merkt, each with sole power of representation

Your Schöffel Sportbekleidung GmbH