General Terms and Conditions (Ts & Cs), as of 10.12.2005

Section 1 General
The provision of all goods and services shall only be made on the basis of these General Terms and Conditions of Business. For details relating to our product offers, please refer to the relevant product descriptions.

Right to withdraw
The buyer has the right to withdraw from the contractual agreement without stating any reasons within one month, either in writing (e.g. letter, fax, e-mail) or by returning the goods. The stated term shall commence at the earliest upon receipt of goods and receipt of these explanations. To comply with the stated term, it shall be sufficient that the withdrawal notice or goods was/were dispatched on time. The withdrawal must be sent to:

Dr. Kerstin Kellermann – Kellermann Sport e. K.
Propr. Dr. Kerstin Kellermann
TechnologiePark Bergisch Gladbach
Friedrich-Ebert-Str.
D-51429 Bergisch Gladbach
Germany
Telephone: +49 (0) 2204-84 37 90
Email: info@kellermann-sports.de

Consequences of withdrawal
If an effective withdrawal has been made, the contractual performances received by both parties must be returned and any benefits received (e.g. interest) handed over. If the buyer cannot return all or any part of the received contractual goods or can only return them in a poorer condition, the buyer must reimburse the value correspondingly. This shall not apply if the goods are returned and their poorer condition is solely attributable to their inspection – such as would have been possible for the buyer in a shop situation. Furthermore, the buyer can avoid the obligation to compensate for any loss in value of the goods by not making use of them as a consumer and by refraining from all actions that would impair the value of said goods. Goods that can be dispatched as parcels are to be returned at our risk. The buyer shall bear the cost of return shipment if the supplied goods correspond to the ordered goods and if the price of the goods to be returned does not exceed 40 euros or – if the goods have a higher price at the time of withdrawal – the buyer has not yet made the payment or a contractually agreed part thereof. In all other cases, the costs of return shipment shall be free for the buyer. Goods that cannot be dispatched as a parcel shall be collected from the buyer.

Note:
As per Section 312d Para. 4 German Civil Code and similar, there shall be no right to withdraw from:

Contracts for the supply of goods which are manufactured to customer specification or are clearly tailored to personal requirements or which, due to their constitution, are not suitable for return shipment or can quickly perish or their expiry date would be exceeded
Contracts for the supply of audio or video recordings or software, if the seal on the supplied data media has been broken by the buyer
Contracts for the supply of newspapers, periodicals and magazin

Section 3 Prices
All prices include VAT but exclude postage and packing. The buyer shall receive a VAT invoice.

Section 4 Retention of ownership
The goods shall remain our property until full payment has been made.

Section 5 Guarantee
The guarantee follows the stipulations of the statutory legislation.

Section 6 Liability
The contractual and extra-contractual liability is limited to intent and gross negligence, unless it concerns the violation of an essential contractual duty or the injury to life or limb or impairment to heath. The same shall apply to the liability of our agents. The liability according to the product liability law remains unaffected by this.

Section 7 Data protection
Any personal data received from the buyer shall be treated confidentially and under observance of the data protection legislation. Personal data shall only be gathered and used as far as this is necessary for defining the contents of the particular contractual relationship or for the processing thereof. The user can request information about the personal data stored on him or her at any time. Furthermore, the user can request that the personal data stored on him or her be deleted, given that the contractual relationship has been completely concluded and the retention of the data is not mandatory.

Section 8 Final provisions
(1) German law shall apply without recourse to the UN purchase law 7.

(2) If the contractual partner is a businessperson, a legal person under public law or a special fund under public law, then the sole place of jurisdiction for all disputes resulting from this contract shall be that of our registered office. The same shall apply to persons who do not have a general place of jurisdiction in Germany, persons who have moved their residence or habitual place of abode outside Germany after conclusion of the contract or persons whose residence or habitual place of abode is not known at the time of bringing action.

(3) Should any individual provision of this agreement be ineffective or later lose its legal validity, in whole or in part, this shall in no way effect the validity of the remaining provisions. An appropriate replacement provision coming as close as possible to the economic sense that the contractual parties would have intended had the ineffectiveness of the provision been known, shall be deemed as agreed upon instead of the ineffective provision.