Terms and conditions

1. Scope / Contracting party

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

Customers within the meaning of these General Terms and Conditions are both consumers and entrepreneurs.

According to Section 13 of the German Civil Code (BGB), a consumer is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity.

According to Section 14 of the German Civil Code (BGB), an entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or independent professional activity.

Your contractual partner is Bermüller & Co GmbH, Rotterdamer Straße 7, D.90451 Nuremberg; Telephone: +49 / (0)911 / 64 200-0; Fax: +49 / (0)911 / 64 200-90; Email: info[at]lob-sport.de

2. Prices / Shipping Costs

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

Free shipping to Germany and Austria - except for brick dust in bulk quantities of 500kg or more


3. Conclusion of contract / Contract language / Correction of input errors

The presentation of the products in the online shop does not constitute a legally binding offer, but rather an invitation to you to submit a binding offer to us. You can submit this offer to us by placing the desired items in the virtual shopping cart, clicking on the "Checkout" button and sending the items placed in the shopping cart (clicking on the "Order with payment" button). After receiving your order, you will automatically receive an email documenting your submitted offer (order). This email merely confirms that we have received the order; this does not constitute a contract.

A valid contract is only concluded when we accept your offer by requesting payment after placing the order, by sending a declaration of acceptance (order confirmation) or by delivering the goods within five days.

The contract is concluded exclusively in German.

You can correct input errors before submitting your order using the technical means provided in the online shop and the usual functions of your keyboard/mouse. You can also cancel the process at any time by closing the browser window. By clicking the "Order with payment" button you have made a binding order (offer); input errors cannot be corrected after this.

4. Delivery / Transfer of Risk

We only deliver within the Federal Republic of Germany and to Austria. Unfortunately, delivery to other countries is not possible. Please refer to the respective product page for delivery times.

If the item you ordered is not available because our supplier did not deliver correctly or on time, we can withdraw from the contract provided we have concluded a specific hedging transaction with our supplier and we are not responsible for the non-delivery. In this case, we will inform you immediately and refund any consideration already paid without delay.

Only applies to entrepreneursIn the case of a sale by dispatch, the risk of accidental loss/accidental deterioration of the item sold passes to the entrepreneur upon delivery of the item to a suitable carrier (forwarding agent, freight carrier, post office, etc.).

5. Terms of payment

You have the option to choose between the following payment methods:

  • PayPal

You pay the invoice amount via the online provider PayPal directly using your PayPal account and the payment methods offered there. To do this, you must be registered there or register first. After submitting your order, you will be redirected directly to the PayPal page, log in and authorize the payment there. PayPal will then process the payment immediately afterwards. You will receive further information during the ordering process.

    • Sofortüberweisung

    Available in Germany and Austria. Your account will be debited immediately after placing your order.

    • Giropay

    In cooperation with Giropay, we offer you a simple and secure payment method. With Giropay you can pay directly via your online banking. To do this, you need an account activated for online banking at one of the participating banks or savings banks. Payment with Giropay is made immediately and without additional registration. After selecting Giropay as your payment method, you will be redirected directly to the online banking page of your bank or savings bank. There you log in as usual and authorize the payment. Using Giropay is free of charge for you as a buyer.

        • credit card

        Available in Germany. The debit will be made after the goods or tickets have been dispatched / the service is available.

        • Purchase on account (from 50 € order value)

        You pay by bank transfer within 10 days of receiving the invoice. There is no possibility of a cash discount. Please understand that in order to protect against credit risk, we reserve the right to request advance payment for your goods or cash on delivery if your credit rating is sufficient. In these cases, we will contact you in advance and coordinate the procedure.

        • invoice with Klarna

        In collaboration with Klarna Bank AB  (publ), Sveavägen 46, 111 34 Stockholm, Sweden we the payment option invoice with Klarna. Payment is made to Klarna.
        The payment period is 14 days in Germany and Austria from dispatch of the goods. 
        The terms and conditions for purchase on account for deliveries to Germany can be found here: https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/invoice?fee=0  and for deliveries to Austria under https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_at/invoice?fee=0 

        Using the invoice payment method with Klarna requires a positive credit check. As part of the purchase initiation and processing of the purchase contract, we will forward your data to Klarna for the purpose of address and credit checks. Please understand that we can only offer you those payment methods that are permissible based on the results of the credit check.

        6. Retention of title

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

        Only applies to entrepreneurs: The delivered goods remain our property until all claims from an ongoing business relationship have been paid in full. You are entitled to resell and use delivered goods in the ordinary course of business. However, you hereby assign to us all claims against your customers arising from the resale, regardless of whether the reserved goods are combined or mixed with a new item, in the amount of the invoice amount; we accept this assignment. You are not permitted to pledge or transfer the reserved goods to third parties as security. You remain revocably authorized to collect the claims from the resale even after the assignment. However, if you do not meet your payment obligations or fall into arrears, we are entitled to collect the claims ourselves.

        7. Cancellation policy for consumers

        If the customer is a consumer (according to Section 13 of the German Civil Code, a consumer is any natural person who concludes a legal transaction for purposes that can predominantly not be attributed to their commercial or independent professional activity), the following right of withdrawal applies to them:

        right of withdrawal

        You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the last goods.

        To exercise your right of withdrawal, you must inform us (Bermüller & Co GmbH, LOB Sport, Rotterdamer Straße 7, D-90451 Nuremberg, telephone: +49 / 911 64 200-0, fax: +49 / 911 64 200-90, email: info[at]lob-sport.de) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or email). You can use the attached sample withdrawal form for this purpose, but this is not mandatory.

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

        consequences of revocation

        If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choosing a different type of delivery than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

        You must return or hand over the goods to us promptly and in any event no later than 14 days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period.
        We will bear the cost of returning the goods.

        You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.

        exclusion of the right of withdrawal

        According to Section 312g Paragraph 2 No. 1 of the German Civil Code (BGB), the right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for whose production an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.

        sample cancellation form

        To
        Bermüller & Co GmbH
        LOB SPORT
        Rotterdamer Straße 7
        90451 Nuremberg

        by fax to: +49(0)911 64200-90
        or by email to: info[at]lob-sport.de

        I/we hereby revoke* the one from me/us* concluded contract for the purchase of the following goods* / the provision of the following service*


        Ordered on*/ received on*

        Name of the consumer(s)

        address of the consumer(s)

        signature of the consumer(s) (only for notification on paper)

        Date

        * Delete as appropriate.

        8. Information on liability for defects (warranty)

        8.1 The statutory warranty provisions apply to consumers.

        8.2 For entrepreneurs, the statutory warranty provisions apply with the following deviations:

        1. a) If the complaint is justified and was made in a timely manner, we are entitled to remedy the defect, taking into account the nature of the defect and your legitimate interests, by means of free repair or replacement delivery at our discretion. If subsequent performance fails, the entrepreneur is entitled to reduce the purchase price or withdraw from the contract. This provision (section 8.2a) does not apply in cases of recourse under Section 478 of the German Civil Code (BGB).
        2. b) In the event of subsequent performance in the event of defects, we are only obliged to bear the necessary expenses, in particular transport, travel, labour and material costs, insofar as these are not increased by the fact that the item was taken to a location other than your registered office or commercial branch to which it was delivered. This provision does not apply in the event of recourse under Section 478 of the German Civil Code (BGB).
        3. c) If we remedy a defect within the scope of the warranty by supplying a replacement, the limitation period does not begin again.
        4. d) If the entrepreneur is a merchant (Section 1 of the German Commercial Code (HGB), the provisions of Section 377 of the German Commercial Code (obligation to inspect and give notice of defects) also apply.

        8.3 In the event of a warranty claim, both consumers and entrepreneurs should contact:

        Letter: Bermüller & Co GmbH, LOB Sport, Rotterdamer Straße 7, D-90451 Nuremberg
        Fax: +49 / 911 64 200-90
        E-mail: info[at]lob-sport.de

        9. Storage of contract text

        The contract text will be stored by us and sent to you by email together with the General Terms and Conditions immediately after you submit your offer to conclude a purchase contract.If you have registered for a customer account in the online shop before completing the shopping cart process, you can also access the contract text via "My Account" and by entering your login details, as long as you do not delete your customer account or have us delete it. You can also print out the order data 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 state in which the customer has his or her habitual residence.

        If the customer is a merchant, a legal entity under public law or a special fund under public law (Section 38 of the Code of Civil Procedure) and has concluded the contract in this capacity, the court responsible for the seller is agreed as the exclusive place of jurisdiction. In addition, we reserve the right to sue the customer at another legal place of jurisdiction.

        11. Complaints procedure / dispute resolution

        The EU Commission provides a platform for out-of-court dispute resolution. This gives consumers the opportunity to resolve disputes in connection with their online order without having to go to court. The dispute resolution platform is available at the external link https://ec.europa.eu/consumers/odr/ Our email address is: info[at]lob-sport.de.

        We will endeavour to resolve any disagreements arising from our contract with the customer amicably. Furthermore, we are not obliged to participate in an arbitration procedure and unfortunately cannot offer our customers the opportunity to participate in such a procedure.

        Imprint / Provider Identification

        Bermüller & Co GmbH
        Rotterdamer Straße 7
        D-90451 Nuremberg

        Phone: +49 / 911 / 64 200-0
        Fax: +49 / 911 / 64 200-90
        Email: info[at]lob-sport.de

        Managing Directors: Rudolf Bermüller, Stefan Bermüller
        Headquarters: Nuremberg
        Commercial Register: Nuremberg District Court, Registration Number: HRB 8198
        VAT identification number (§ 27a UStG): DE133506805

        Responsible for content according to § 55 para. 2 RStV: Stefan Bermüller, Rotterdamer Straße 7, D-90451 Nürnberg